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HomeMy WebLinkAbout1971 04-19 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 M�n- 82ta.. -..._ April 19, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:38 P.M. Roll Call: Mayor Cohen, Councilmen Leary, Ausen and Heck. Also present were: City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works James Merila, City Attorney Richard Schieffer, Administrative Assistant Blair Tremere, Police Chief Thomas O'Hehir and Administrative Assistant Thomas Loucks. Motion bpi Councilman Leary and seconded by Councilman Ausen to approve the minutes of the April 5, 1971 City Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against wefe: none. M otio n n carried unanimously. The City Manager commented that the first item of business would be a presentation of the Airport Environmental Park Development program by Mrs. Sylvia Winkelman of the Conservation Commission. Mrs, Winkelman reviewed the proposed park development program and indicated that the Commission is proposing a two year schedule that would have a total estimated cost of $240 in 1971 and $660 in 1972. She noted that it is antici gated that the cost would be derived from public funds and shared equally by the Cities of Crystal and Brooklyn Center. A discussion ensued during which Councilman Ausen commented that it appeared that the Conservation Commission, in submitting such a proposal for approval verges close to becoming an administrative commission which is in violation of the City Charter. The City Manager offered his opinion that the Conservation Commission is not an administrative agency since it has no discretion in terms of expenditures and since it has no decision making authority. He stated that the Commission was recommending a proposal which had been reviewed by the Park and Recreation Director as well as by himself and that any expenditure of funds would proceed through normal administrative char inels . Councilman Ausen stated his reluctance to approve the Conservation Commission proposal until a formal agreement had been consumated with the City of Crystal to define such things as management responsi- bility for the environmental park, cost sharing, liability responsibility, etc. Following further discussion, a motion was made by Councilman Leary and seconded by Councilman Heck to approve in concept the Airport Environmental Park proposal with the stipulation that costs be shared equally with the City of Crystal and that a written agreement be developed between Brooklyn Center and Crystal. Voting in favor were: Mayor Cohen, Councilman Leary and Councilman Heck. Councilman Ausen not voting because of the lack of a formal agreement between Brooklyn Center and Crystal relative to the environmental park proposal. Member Howard Heck introduced the following resolution and moved its adoption: i RESOLUTION NO. 71-76 RESOLUTION ACCEPTING CIVIC CENTER LANDSCAPING BIDS 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, and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1- Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -77 RESOLUTION ACCEPTING CIVIC CENTER SOD PROPOSALS 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. 71 -78 RESOLUTION ACCEPTING BIDS FOR STABILIZED GRAVEL AND FINE AGGREGATE FOR SEAL COAT 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. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -79 RESOLUTION ACCEPTING BID FOR FURNISHING BITUMINOUS OIL 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 Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -80 RESOLUTION ACCEPTNG BID FOR REINFORCED CONCRETE PIPE 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -81 RESOLUTION ACCEPTING BID FOR PLANT -MIKED BITUMINOUS MATERIAL 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. - 2— The City Manager noted that a resolution authorizing purchase of Park Department equipment departs from budget authorization to the extent that the proposed truck is a four -wheel drive versus a two -wheel drive vehicle. " Discussion ensued during which Councilman Heck noted that perhaps a Bombardier vehicle would be a better piece of equipment for the .City purposes because of the anticipated need for a vehicle to clear sidewalks once the sidewalk network proposal becomes a reality. He commented that perhaps funds could be saved by purchasing a dual purpose vehicle that could be utilized for sidewalk plowing in addition to use by the Park Department. The City Manager noted that the Bombardier vehicle such as suggested by Councilman Heck would not be functional for use for other than sidewalk plowing. Following further discussion it was the consensus of the Council to defer the matter until later in the evening until clarification could be made in regard to the capabilities of the Bombardier vehicle. The City Council next considered Planning Commission Application Nos. 71006 and 71007 submitted by Village Builders. The City Manager introduced the the items commenting that they relate to preliminary plat approval for 23 single family dwelling lots, a 16 foot rear -yard setback variance for a property located at 921 - 69th Avenue North and a 7 foot sideyard variance for a home located at 1005 - 69th Avenue North. It was noted that on April 1, 1971, the Planning Commission had recommended approval of the preliminary plat and requested variances. Following a brief discussion, a motion was made by Councilman Heck and seconded by Councilman Ausen to approve Planning Commission Application No. 71006 because a hardship would be created by requiring unusually sized lots, either substandard or extremely large in square footage, if variances were not granted. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Ausen. Voting against were: none. Motion carried unanimously. Motion was made by Councilman Leary and seconded by Councilman Ausen to approve Planning Commission Application 71007 with the special condition that no property located adjacent to 69th Avenue North other than the existing home located at 921 - 69th Avenue North have direct vehicular access to that street. Voting in favor were: Mayor Cohen, Councilman Leary, Heck and Ausen. Voting against were: none. .Motion carried unanimously. Member Howard Deck introduced the following resolution and moved its adoption: RESOLUTION NO. 71-82 RESOLUTION ACKNOWLEDGING GIFT 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 Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -83 RESOLUTION ACKNOWLEDGING GIFT 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.. -3 Member Vernon Ausen introduced the following resolution and moved its Adoption: RESOLUTION NO. 71 -84 RESOLUTION AUTHOR RING PURCHASE OF LAND ACCESS TO SEWAGE L O NO 4 _ J2 A 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. The City Manager reviewed the next item of business and indicated that new gasoline and diesel fuel pumps have been installed at the municipal service garage and the Street Superintendent recommends that the old diesel fuel pump is obsolete and worn and is being carried as surplus property. It was recommended that the Council officially declare the old diesel fuel pump as surplus property and authorize its disposal. A motion was made by Councilman Leary and seconded by Councilman Heck to declare one diesel fuel pump as surplus property and authorize its disposal in the best interests of the City. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Ausen. Voting against were: none. Motion carried unanimously. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -85 RESOLUTION URGING EXPEDITIOUS ROUTING DETERMINATION AND CONSTRUCTION OF INTERSTATE 94 THROUGH BROOKLYN CENTER AND MINNEAPOLIS 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -86 RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLL£CTIBLE CHECKS 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Willard arrived at 9:06 P.M. The City Council recessed at 9:08 P.M. The City Council reconvened at 9:24 P.M. The City Council next considered Planning Commission Application No. 70068 submitted by Riverside Motel. The City Manager commented that Section 35 -251 of the City Ordinances provides that the Planning Commission acting as a Board of Appeals and Adjust - ments shall hear and recommend, and the City Council shall make final determina- tion regarding appeals from an order, requirement or determination by an Administra- tive Officer in enforcement of the zoning ordinance where it is alleged that some -4- error in interpretation of the judgement exists. He commented that Application No. 70068 consists of such an appeal sub- mitted by the owner of the Riverside Motel which was the scene of a destructive fire and explosion September 20, 1970. The City Manager then proceeded to review the Board of Appeals and Adjustments action of January 7, 1971, March 4, 1971 and March 25, 1971, indicating that after evaluation, the Board had recommended denial of the appli- cation based upon the factors contained in Board of Appeals Resolution 71 -1. He further indicated the City Council reviewed the matter on March 29, 1971 and had tabled action with the concurrence of the applicant to allow time for additional information to be presented by the applicant. It was then noted that attorneys for the applicant have submitted their written position regarding the appeal to restore the Riverside Motel and the City Attorney is prepared to present the factors considered by the Board of Appeals as they relate to the recommendation for denial of the appeal. The City Attorney then reviewed the Building Inspector's determination and indicated that the determination was based upon the literal wording of the ordinance. He acknowledged that the Applicant has requested that the entire motel complex including the residence be viewed as a single structure and that the percentage of structure destruction be determined by finding the ratio of the destroyed portion of the entire motel complex including the residence. He then indicated that based upon Minnesota case law that the Council should consider and base its conclusions upon three tests: (1) the market value of the non - conforming use before and after the explosion; (2) the number of square feet occupied by the non -- conforming use before and after the exp1 osion; and (3) the nature and character of the part destroyed as it related to the remainder of the non - conforming use. He commented that only the value of the non- conforming use should be taken into account and that the value of the residence should remain outside of the calculations since the residence is a conforming use and this value would remain with the property no matter what happened to the motel. Thereupon, the City Attorney presented an evaluation of the appraisal prepared by Wagenhals Appraisal Co. which he summarized as follows: MARKET VALUE APPROACH TEST Total Value including Residence $ 85,000 Net Value of Residence if non- conforming structures and uses were removed and residence remodeled 13,000 Value of non- conforming motel use $ 72,000 Value of part destroyed 48 , 000 Value of remaining non - conforming motel use 24,000 Percentage of Non - conforming motel use destroyed (48,000 : 72,000) 68.0% SQUARE FOOT APPROACH TEST Square Foot of non - conforming motel use destroyed 2,004 Square Foot of non - conforming motel use remaining, exclusive of that contained in residence 1,128 Total 3,132 Percentage of square foot destroyed (2,004 =- 3,312) -5- NATURE AND CHARACTER TEST 1. Destroyed portion has an income producing nature Annual Gross income of total complex 25,000 Annual Gross income of remainder 8,300 Annual Gross income of destroyed portion 16,700 Percentage of gross earning capacity destroyed (6,700 25,000) 66.70° 2. Effect of the Loss Loss sustained will most likely result in an annual net loss if operated as a 5 unit motel. A discussion ensued at which time Councilman Willard discussed the elements of his memorandum dated April 16, 1971 pertaining to the subject of non- conforming uses (copy of which is in official files) . Mayor Cohen then recognized Charles Coulter, attorney for the applicant who summarized the written document. he had prepared and submitted for the record. A discussion ensued at which time Mayor Cohen noted that the non-conform- ing use clause of the zoning ordinance has created conditions of potential blight in that once the use has become non - conforming the owner of the property does not have the ability to improve the property and thus it goes into a state of deterioration which has far reaching effects on those properties surrounding it. The City Manager commented that it is inherent in the non - conforming use provisions of the ordinance that there will likely be a period of decay before a property is converted to its intended land use. Councilman Heck querried the City Manager and asked if the permit were denied, if the remaining portion of the complex would have to be removed under the provisions of the non -- conforming section of the zoning ordinance. The City Manager responded that the City could probably make a case for the removal of the remaining portion. Councilman Heck commented that if the use could continue as a productive and profitable operation the Council might be doing the neighborhood a favor by allowing it to continue. He asked if the City were to issue a permit to rebuild the non - conforming use would the applicant be required to bring the rest of the complex up to code. Mr. Coulter indicated that he thought it mould be unfair to approve rebuilding the non - conforming use and then be required to meet codes because the intent of his client was to rebuild the destroyed units as they existed prior to the explosion. Mayor Cohen commented that if a building permit were to be issued, then the structure must meet present building code requirements. Mr. Coulter clarified that he was referring to setback requirements Councilman Willard commented that on one hand there is the 60 percent destruction issue, and on the other economic loss, and the two issues were being improperly mixed. He indicated that the 60 percent destruction issue is the factual matter to be determined and that the Council should consider that the Board of Appeals found more than 60 percent of the complex was destroyed and upon this basis if the Council agrees, then the ordinance and the Building Inspector's decision must be upheld. A motion was made by Councilman Willard to direct the staff to prepare a resolution to deny Application No. 70068 consistent with the Board of Appeals resolution for denial of March 4, 1971 and findings of the City Council action of April 19, 1971. The motion was seconded by Councilman Leary. Mayor Cohen asked if the motion could be amended to include that the staff be directed to prepare a study regarding the feasibility of amending the non- conforming section of the ordinance to allow more discretion to the Council in such matters. The City Attorney commented that it is inadvisable to include such a consideration, in the motion because the Council is considering a finding of fact. - 6 - Councilman Heck commented that he thought the intent of the motion was correct on the basis of available facts, but the Council may be creating an un- wanted problem. Voting in favor were: Councilmen Willard and Leary; voting against were: Mayor Cohen, Councilmen Heck and Ausen. Motion failed for lack of majority vote. The City Council next considered Planning Commission Application Nos. 70060 and 70061. The City Manager reviewed the items and commented that a draft resolution denying Application No. 70060 has been prepared by the staff as directed by City Council on April 5, 1971. The Mayor then directed the Deputy City Clerk to read the resolution for denial and have it entered into the record of the proceedings. Mayor Cohen then recognized Mr. Bayer, Attorney representing the applicant, who reviewed the previous hearings and discussions on the proposal and indicated that the denial of the zoning would create insurmountable problems for his client. Councilman Leary commented that he does not agree with the philosophy that would in effect down grade the zoning in the area through refusal to rezone the parcels in question. Mayor Cohen commented that he is not opposed to the rezoning; however, he is not satisfied with the site plan because he didn't think enough protection has been built into the plan to protect adjacent property owners and existing business. Councilman Heck indicated that the site plan is one major concern and he would hope that denial of the rezoning would lead to some other use for the property that is not quite as intense as proposed. Councilman Willard commented that he felt there are arguments that can be brought forward that the use of the parcel has been substantially changed since the taking of the highway a number of years ago and is therefore his opinion that a less intense C -1 zoning classification does more to protect the residents of the existing single family neighborhood on the east side of June Avenue. Councilman Ausen commented that he sees no upgrading of the existing facilities in the plans submitted, but rather piecemeal addition of another commercial use. He further commented that he felt there should be a compre- hensive plan for the whole block and in the absence of such a plan it is his feeling that further extension of C -2 zoning in the neighborhood violates the intent of the comprehensive plan. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -87 RESOLUTION DENYING PLANNING COMMISSION APPLICATION NO. 70060 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: Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: Philip Cohen and John Leary; whereupon said resolution was declared duly passed and adopted. A motion was made by Councilman Heck and seconded by Councilman Leary to deny Planning Commission Application No. 70061. Voting in favor were: Mayor Cohen, Councilman Ausen,Heck, Leary and Willard. Voting against were: none. Motion carried unanimously. -7- Motion by Councilman Leary and seconded by Councilman Heck to approve the following licenses: Cigarette License: Duanes OK Tire Service 6900 Brooklyn Boulevard Food Establishment Licenses Berean Evangelical Free Church 6625 Humboldt Ave. No. B. C. American Little League 3 612 Woodbine Lane Refuse and Garbage Haulers Licenses Ace Solid Waste Management 121 105th Ave. N. W. Gallagher's Service, Inc. 8566 Jefferson St. N . E . Gasoline Service Station License Duanes OK Tire Service 6900 Brooklyn Boulevard Class "A" Motor Vehicle Dealers Licenses Brookdale Motors, Inc. 2500 County Road 10 Iten Chevrolet Company 6701 Brooklyn Boulevard Pontiac of Brookdale 6801 Brooklyn Boulevard North Star Dodge 6800 Brooklyn Boulevard Class "B" Motor Vehicle Dealers License J.C. Penney Company 1265 Brookdale Center Non - Perishable Food Vending Licenses B & K Vending Co., Inc. 4417 Rutledge Avenue Duanes OK Tire Store 6900 Brooklyn Boulevard Gas Pining Licenses Blue Flame Contractors, Inc. 5309 Edina Industrial Blvd. Ideal Sheet Metal 544 Summit Street N.E. Minneapolis Gas Company 733 Marquette Ave. Ray Welter Heating 4637 Chicago Ave. Sign Hanger's Licenses Lawrence Sign Company 945 Pierce Butler Route Nordquist Sign Company, Inc. 312 West Lake Street Signcrafter's Outdoor Display #13 - 77th Way N.E. Well Driller's Licenses: Hadden Well Company 4455 Main St.N.E. Mork Well Company 9025 - 36th Ave. No. Heating and Air Conditioning Licenses Air Comfort, Inc. 3300 Gorham Avenue Blue Flame Contractors 5309 Edina Industrial Blvd. C. 0. Carlson Air Conditioning 709 Bradford Ave. No. Cronstroms Heating 4410 Excelsior Blvd. Egan & Sons Air Conditioning 7100 Medicine Lake Road Harris Bros. 217 West Lake Street H. S. Horwitz, Inc. 1411 -- 1 lth Ave. So. Ideal Sheet Metal 544 Summit Street N. E. Minneapolis Gas Company 733 Marquette Avenue Royalton Heating 4626 Lyndale Ave. No Swenson Heating & Air Conditioning 6628 West Broadway Upper Midwest Piping, Inc. 336 Taft Street N.E. Ray Welter Heating 4637 Chicago Avenue Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against were: none. Motion carried unanimously. The Council next considered the earlier deferred resolution authorizing the purchase of Park Department equipment. The City Manager commented that the available brochure and literature on the Bombardier vehicle had been reviewed and noted that the Bombardier vehicle costs considerably more than the four -wheel drive vehicle proposed and that the Bombardier vehicle would not provide the variety of capabilities desired. - 8 - Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -88 RESOLUTION AUTHORIZING PURCHASE OF ONE 3/4 TON FOUR - WHEEL DRIVE PICKUP AND SNOWPLOW FOR THE PARK DEPARTMENT THROUGH HENNEPIN COUNTY PURCHASING AGREEMENT 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 the discussion of pertinent legislative items. The City Manager noted that Senate File 2020 was recently introduced and that the bill would prohibit local municipalities from promulgating rules and regulations for nursing and boarding care homes. The City Manager then reviewed Senate File 1204 and House File 1553 related to the proposed property tax freeze. He indicated some of the ramifica- tions of the proposal and referred the Council to his memorandum dated April 15, 1971. A motion was made by Councilman Willard and seconded by Councilman Heck to adjourn the City Council meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 12:20 A.M. * 'Clerk Mayor -9-