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HomeMy WebLinkAbout1971 04-05 CCM Special Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota April 5, 1971 The City Council met in special session and was called to order by Mayor Philip Cohen at 7 :35 P.M. Roll Call: Mayor Cohen, Councilmen Leary, Heck and Willard. Also present were: Donald Poss, Paul Holmlund, James Meriia, Richard Schieffer, Thomas O'Hehir, Tom Loucks and Blair Tremere, Pastor Alfred Grams of Brook Park Baptist Church offered the invoation. Motion by Councilman Willard and seconded by Councilman Leary to approve the minutes of the March 29, 1971 Council meeting subject to the following amendments: 1 Page 5, paragraph 4, "The City Manager Indicated that it is the recommended policy that all individuals going to the pool area and wading pool end-eb *t lo* -be required to suit up and pay fees," 2. Page.5, paragraph 6, "Following further discussion a motion was made by Councilman Willard and seconded by Councilman Ausen to set the fee schedule for the Civic Center locker room Privileges as an introductory offer at $25.00 for resident family memberships and $12.50 for resident single memberships until August 1, 1971 and thereafter the rates would be $30.00 for resident family memberships and $15.00 for resident single memberships. Voting in favor were: Mayor Cohen, Councilmen Leary, and Will ard. Voting against were: none. (Councilman Heck abstained because be was absent from the meeting,). Motion carried. Councilman Ausen arrived at 7 :40 P. M. The City Manager intrcw('uced the first item of business recommending the purchase of a nine - station exercise unit for the exercise room at the new Civic Center instead of previously authorized and budgeted mats, Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO, 71 -62 RESOLUTION ACCEPTING QUOTATIONS FOR NINE - STATION U NIVERSAL E Qlgp l,TE ha The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Lary, Vernon Ausen, Howard Heck and Theodore Willard, 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. 71-63 RESOLUTION REQUESTING MINNESOTA HIGHWAY DEPARTMENT PARTICIPATION FOR THE CONSTRUCTION OF- SMEVVALK ON BOTH SIDES OF T.H. 152 ..1.. The motion for the adoption of the foregoing resolution 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, Howard, Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -64 RESOLUTION APPROPRIATING UNALLOCATED STATE AID CONSTRUCTION FUNDS FOR THE INSTALLATION OF SIGNAL DEVICES AT THE INTER- SECTION OF THE SOO LINE RAILROAD AND FRANCE AVENUE J CRTH IN BROOKLYN CENTER 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next presented the Civic Center landscaping plan and noted prominent aspects of the proposed plan, A discussion ensued after which a motion was made by Councilman Ausen and seconded by Councilman Heck to approve the landscaping plan for the Civic Center. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. The next items of business consisted of public hearings on certain Improvement projects, The City Manager noted prior to the hearings that certain sidewalk projects had been included in the public hearing proposals and in the subsequent construction contract in order to preserve options until the Council completed its walkway priority reviews and he advised the sidewalk construction can be deleted from the projects as determined by the Council in the future. The Mayor announced that the meeting was open for the consideration of proposed Street Base, Surfacing & Sidewalk Improvement Project No, 1970 -19. The Clerk produced an affidavit of publication of notice of hearing on the Proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 1, 1971, which affidavit was examined and found satisfactory and ordered placed on file, The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement, After hearing and considering all objections, and the property owners appearing in favor of said Improvement, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -65 RESOLUTION ORDERING CONSTRUCTION OF STREET BASE, SURFACING & SIDEWALK IMPROVEMENT PROTECT NO, 1970-19 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, Howard Heck and Theodore Willard; and the. following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The Mayor announced that the meeting was open for the consideration of proposed Street Base & Surfacing Improvement Project No, 1971 -4. -2- The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 1, 1971, which affidavit was examined and found satisfactory and ordered placed on file, The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections,, and the property owners appearing in favor of said improvement j member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -66 RESOLUTION ORDERING CONSTRUCTION OF STREET BASE & SURFACING IMPROVEMENT PROJECT NO. 1971 -4 The motion for the adoption of the foregoing resolution 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. A discussion ensued at which time Councilman Ausen noted that he could not agree with approving sidewalk construction on this project when it was not a priority item and that he felt it would be difficult to explain why certain walkways are being constructed in the Industrial Park when Brooklyn Boulevard may not have sidewalks. The Mayor announced that the meeting was open for the consideration of proposed Curb & Gutter & Sidewalk Improvement Project No, 1971 -7. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 1, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolttion and moved its adoption: RESOLUTION NO. 71 -67 RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER & SIDEWALK IMPROVEMENT PROTECT NO. 1971 -7 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, Howard Heck and Theodore Willard; and the following voted against the same: Vernon Ausen, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Sidewalk Improvement Project No. 1971 -9. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 1, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present argu- ments either for or against the proposed improvement. After hearing and con - sidering all objections, and the property owners appearing in favor of said improvement, member Theodore Willard introduced the following resolution and moved its adoption: -3- RESOLUTION NO. 71 -68 RESOLUTION ORDERING CONSTRUCTION OF SIDEWALK IMPROVEMENT PROTECT NO. 1971 -9 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, Howard. Heck and Theodore Willard; and the following voted against the same: Vernon Ausen, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Street Grading, Base & Surfacing Improvement Project No. 1971 -5. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 1, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -59 RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROTECT NO. 1971 -5 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Curb & Gutter Improvement Project No, 1971 -6, The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 1, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement:, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71--70 RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER IMPROVEMENT PROTECT NO. 1971 -6 The motion for the adoption of the foregoing resolution 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, Howard Heck and Theodore Willard; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted, The Mayor announced that the meeting was open for the consideration of proposed Street Base, Surfacing & Sidewalk Improvement Project No. 1971 -8. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication Ding on April 1, 1971, which affidavit was examined and found satisfactory and ordered placed on file. -4- The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -71 RESOLUTION ORDERING CONSTRUCTION OF STREET BASE, SURFACING & SIDEWALK IMPROVE PROTECT NO. 1971-8 The motion for the adoption of the foregoing resolution was duly seconded by member John ixary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Street Surfacing Improvement Project No. 1971 -2. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 1, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -72 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO, 1971 -2 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The meeting recessed at 9:00 P. M. and resumed at 9 :15 P.M. The next item of business was Planning Commission Application No. 70023 submitted by Super Valu Stores. The City Manager commented that on July 13, 1970 the City Council had authorized Super Valu Stores to continue a temporary driveway entrance until April 1, 1971 to permit the applicant to conduct engineering studies relative to the effect on the applicant's business if the access were closed. He clarified that the application before the City Council is one requesting amendment of previously approved site plans to the extent that the temporary driveway entrance on Xerxes Avenue be allowed to continue on a permanent basis. It was recommended that the City Council deny Application No. 70023 since the subject driveway was previously found to be eventually contrary to the best interests of the public safety; however, it was further recommended that the temporary status of the driveway be continued until such time that the Public Works Director recommends closing on the basis of increasing traffic conflicts on. Xerxes Avenue at the driveway, Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -73 RESOLUTION DENYING PERMANENT DRIVEWAY ENTRANCE AT SUPER VALU STORES -5- 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The next item of business was Planning Commission Application No. 70060 and 70061 submitted by Lane, Ernst and Lane. The City Manager reviewed the application requesting rezoning from R -1 single family to C-2 commercial and site and building plan approval for properties located at the intersection of 69th & Brooklyn Blvd, He stated that the matter had been tabled on February 22, 1971 at the request of the applicant and that the applicant had subsequently requested consideration of the matter this evening, Mayor Cohen then recognized Mr. Bayer, attorney for the applicant, who indicated some of the difficulty in developing the property because of the lack of sufficient depth on Lots 6, 7, 8, 9, 10, and 11, He further indicated that with the addition of Lots 4 and 5 to the commercial zoning it would allow proper and reasonable development of all the parcels in question, Mayor Cohen then recognized Mr, C. P. Miles who gave a presentation in regard to the operation of the proposed White Castle Restaurant to be located at the corner of 69th & Brooklyn Blvd. Mayor Cohen then recognized owners of affected properties in the audience and it was a general consensus of those in attendance that they would be opposed to the rezoning because of the addition of commercial traffic on June Avenue, the disruptive effect on the neighborhood caused by a 24 -hour operation and further, that the odor from such an establishment would be offensive. A discussion ensued at the Council table during which Councilman Willard noted that the lack of depth of these properties was brought about by the widening of Brooklyn Blvd. He further observed that the character of the existing facilities on the property had since evolved into somewhat less intense land uses as generally characterized by the C -1 zoning classification and he suggested that approval of the subject applications would be a departure from that trend with a resulting deleterious effect on the adjacent single family residential properties along June Avenue. Co ncilman Ausen inquired regarding the concept of joint access to Brooklyn B vd. for the existing convenience center and the proposed White Caste Rest urant. The City Manager responded that such joint access had been recommended by the city staff and rejected by the ,, White Castle people as being an impediment to their business interests, Councilman Heck commented that the stability of the existing single family neighborhood is a paramount factor in the consideration of the subject applications and he indicated his opinion that a land use such as the proposed 24 -hour, highly active VVhite Castle operation would be highly detrimental to the existing single family neighborhood. Councilman Ausen commented his apprehensions about expanding the Ca-2 zone as requested and the possible effect such expansion might have in generating even further C-2 expansion northward across 70th Avenue, Councilman Leary questioned the propriety of attempting to create or maintain an artificial zoning character in the existing C-2 area by the inactivity of rezoning Lots 4 and 5. Mayor Cohen questioned the propriety of denying the applications in view of the' extent of the existing C-2 zoning and in view of the safeguards which could be provided in any subsequent plan approval process. He suggested that consideration should be given to the long range redevelopment of the entire block, "6- Considerable discussion ensued following which a.motion was made by Councilman Willard and seconded by Councilman Heck to direct the City Manager to prepare a draft resolution denying Application No. 70060 and reciting the various reasons and findings earlier discussed by the City Council, including but not limited to the following: 1 That the proposed rezoning would tend. to intensify the existing conflict in land use activity between the existing convenience center properties and the adjoining single family residential neighborhood; 2 That since the loss of land for T.H. 152 improvement purposes in the early 1960's, the character of the convenience properties has changed from intensively active C-2 uses to a less intense land use characterized by the C -1 zoning classification and has thus gradually become more compatible with the adjoining single family residential neighborhood; 3. That - the proposed use would be detrimental to the health I and welfare of the adjoining property owners and substantiall reduce their freedom to enjoy and fully use their properties for intended uses because of lighting, sound and odor levels associated with permitted uses in a C - 2 district. Voting in favor were: Councilmen Ausen Heck and VT illard. Voting ag s t were: Mayor Cohen and 9 Y Ce uncilman Leary. Motion carried. Motion by Councilman Heck and seconde d Councilman Ausen usen to table Application No 70060 and 70061 until 9:30 P. M., April 19, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously, The next item of business was Application No, 70066 and 70067. Mr. Richard Curry, representing the applicant.. asked the Council to defer consideration of the applications, A motion was made by Councilman Leary and seconded by Councilman Heck to defer consideration of Application No. 70066 and 70067 until Aril 25 19 P , 71 at the request of the applicant„ Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting a gainst w g ere, none. Motion a � c cried unan,,rnously. The next item of business was discussion of the proposed nursing home and boarding are home 9 ordinance The City Manager Introdu Item and inciated that it is a refinement of d the previous drafts and is uc for first reading. He then re Proposed viewed various sections of the ordinance in which modifications had been made pursuant to earlier discussions,. Mayor Cohen then re cognized ' Mr. Eugene Meyer,. representative of the Minnesota Hospital Association who made various comments and indicated that some of the provisions of the ordinance are included in the Minnesota Nursing Home Regulations that are now being drafted and proposed for public hearing sometime in June or July of this year, Mayor Cohen then recognized Mr, Fred Donaldson of Chamberlain Equity Company who commented on various elements of the proposed ordinance, He indicated that generally he felt the tone of the ordinance was adequate and acceptable. Motion by Councilman Heck - and seconded by Councilman Ausen to declare a fbrSt reaching of the following ordinan g AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF NURSING HOMES AND BOARDING CARE HOMES, REQUIRING A LICENSE TO OPERATE SUCH FACILITY, AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF SUCH FACILITIES Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Deck and Willard. Voting against were,; none. Motion carried unanimously,, -7- Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -74 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1971 —A} The motion for the adoption of the foregoing resolution was duly sec onded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; - and the following voted against the same: none; where- upon said resolution was declared duly passed and adopted. Motion by Councilman Ausen and seoonded by Councilman Leary to Instruct the City Manager that no sidewalks be constructed on earlier approved construction projects 1971 -7 and 1971 -9 until the City Council completes its review and establishment of sidewalk priorities, Voting in favor. Mayor Cohen, Councilmen Leary, Ausen and Willard. Voting against: Councilman Heck, Motion carried, _.. Motion by Councilman Leary and seconded by Councilman Heck to approve the following licenses: Garbage and Refuse Haulina�ns Haul -A -Way System, Inc. 344 Larch Street Polansky.'_s Rubbish Haulers 3434 Snelling Avenue South W & W Company 1600 Oregon Avenue South Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO, 71 -75 RESOLUTION APPROVING THE MINNESOTA HIGHWAY DEPARTMENT'S REQUEST TO AMEND HIGHWAY NO. 100 & JOHN.MARTIN DRIVE BRIDGE PLANS APPROVED BY THE BROOKLYN CENTER CITY COUNCIL By RESOLUTION NO. 70-67 ADOPTED TOTE 1. 1970 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; - and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. Motion by Councilman Willard and seconded by Councilman Ausen to adjourn the meeting, Voting..in favor were: Mayor Cohen, Councilmen Lary, Ausen, Heck and Willard, Voting against were: none, Motion carried unanimously. The City Council meeting adjourned at 1 :05 . M. C erk Mayor -8-