Loading...
HomeMy WebLinkAbout1977 08-22 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center August 22, 1977 7:30 p.m. ✓1.' Call to Order ✓2. Roll Call 3. Invocation ✓4. Approval of Minutes - August 8, 1977 ✓5. Authorize Release of Site Performance Bonds 46. Authorize Release of Subdivision Bonds ✓ 7. Approve Final Plats 8. Resolutions: ✓a. Providing for Public Hearing on Proposed Assessments b. Placing on rile & Opening Proposed Assessments for Public Inspection C. Regarding Metropolitan Systems Statement • mod. Establishing Street Surfacing Improvement Project No. 1977 -14 9. Planning Commission Items (7:45 p.m.) a. Application No. 77039 submitted by Nancy Shanahan b. Application No. 77036 submitted by Burger King Corporation �- C. Application No. 76062 submitted by Federal Lumber d. Application No. 77022 submitted by L. W. Joel Company e. Application No. 77033 submitted by Richard Rock stad C ), +� f. Application No. 77034 submitted by Richard Rockstad .� g. Application No. 77035 submitted by Richard Rock stad( h. Application No. 77023 submitted by Cepco, Inc. i. Application No. 77030 submitted by Cepco, Inc. / j J. Application No. 77041 submitted by Charles Boese dk Application No. 77042 submitted by Ronald Blake x 10. Ordinances J-" a. Amending Chapter 35 Regarding Minimum Building Separations gib. Amending Chapter 19 Regarding Dutch Elm Disease Control 11. Discussion Items: a. Open Forum Subcommittee Report b. Official Newspaper Report j, c . FI -94 Noise Variance A-12. Licenses 13. Adjournment ACTING CITY MANAGER'S COMMENTS �t em 5 Authorize Release of Site Performance Bonds It is recommended that the City Council authorize a site performance bond posted by Benson -Orth for site improvements for Hiawatha Rubber Company at 1700 - 67th Avenue North to be reduced from $30,000 to $5`,000 based on the amount of work satisfactorily completed. Disposition It is recommended that the City Council authorize" a - site performance bond posted by Dr. Robert Schell for site improvements for the Dental Clinic at 412 - 66th Avenue North to be reduced from $7,500 to $3,000 based on the amount of work satisfactorily completed. Disposition `�i r Item 6 Authorize Release of Subdivision Bonds It is recommended that the subdivision financial guarantee amounting • to $250 for the Johnson Brandvold Addition located on Camden Avenue North southerly of 58th Avenue North be released on the basis of obligations being satisfied. Disposition It is recommended that the subdivision financial guarantee amounting to $750 for the Brand -Co Addition located on Colfax Avenue North between 53rd and 54th Avenue North be released on the basis of obligations being satisfied. Disposition Jl I L Item 7 Approve Final Plats It is recommended that the City Council approve the final Registered Land Survey for property at the southeast quadrant of Summit Drive North and Earle Brown Drive. The City Council granted preliminary, approval to the R. L. S. on July 25, 1977 in conjunction with Planning Commission Application No. 77027. Disposition L W �^^ ACTING CITY MANAGER'S COMMENTS Page 2 W em 8a Providing for Public Hearing on Proposed Assessments The attached resolution is recommended for the purpose of establishing a public hearing on proposed special assessments for September 19, 1977 Disposition f Item 8b Placing on File & Opening Proposed Assessments for Public Inspection` The attached resolution is recommended for the purpose of officially opening the proposed special assessments for public inspection. Disposition 0 Al,l i� --J Item 8c Regarding Metropolitan Systems Statement The attached draft resolution is recommended for the purpose of officially appealing segments of the Metropolitan Systems Statement relative to r the housing section and the functional street classification map as • discussed by the City Council at the August 8 Council meeting Disposition 7 Item 8d Establishing Street Surfacing Improvement Project No. 1977 -14 The attached resolution is recommended for the purpose of establishing Street Surfacing Improvement Project No. 1977 -14 located along 52nd Avenue North from Drew Avenue easterly approximately 135 feet..- Disposition j Item 9a - Application No. 77039 submitted by Nancy Shanahan I' Application No. 77039 submitted by Nancy Shanahan was considered by the Planning Commission on August 11, 1977. The application is for a special use permit for beauty shop home occupation at 5219 - 62nd Avenue North Disposition r a ACTING CITY MANAGER'S COMMENTS Page 3 �tem 9b Application No. 77036 submitted by Burger King Corporation Application No. 77036 submitted by Burger King Corporation was considered by the Planning Commission on August 11, 1977. ` The application is for site and building 'plan approval for an addition and site modification at 6110 Brooklyn Boulevard. f Disposition I ` Item 9c Application No. 76062 submitted by Federal Lumber Application No. 76062 submitted by Federal Lumber Company was considered by the Planning Commission on August 11, 1977. The action is for amending approved parking plan for business at 4810 North Lilac Drive. Disposition ' Item 9d Application No. 77022 submitted by L. W. Joel Company • This application was considered by the Planning Commission on June 9, 1977 at which time they adopted a resolution recommending denial of the appeal The application was briefly reviewed by the City Council on June 20, 1977 and was continued until the next convenient City Council agenda because the applicant and /or his representative were not present at that meeting. The application consists of an appeal per Section 35` -251 from administrative denial of a building permit for construction on a substandard outlot at 5325 - 63rd Avenue North. Disposition Item 9e Application No. 77033 submitted by Richard Rockstad Application No. 77033 submitted by Richard Rockstad was considered by the Planning Commission on August 11, 1977. The application is for request of preliminary plat approval for property at 7000 -7006' Brooklyn Boulevard. Disposition w ACTING CITY MANAGER'S COMMENTS Page 4 16tem 9f Application No. 77034 submitted by Richard Rockstad This application was considered by the Planning Commission on August 11, 1977. The application is a variance request from Section 35 -700 to permit parking in required 35 foot C -1 district greenstrip at 7000 -7006 Brooklyn Boulevard. Disposition I Item 9g Application No 77035 submitted by Richard Rockstad This application was considered by the Planning Commission on August 11, 1977. The application is for a special use site permit and building plan approval for office building in R -5 district at 7000 -7006 Brooklyn Boulevard. Disposition Item 9h Application No. 77023 submitted by Cepco, Inc. • This application was considered by the Planning Commission on August 11, 1977. The application is for preliminary plat approval for resubdivision of Ewing Lane Addition south of 63rd Avenue North between France Avenue North and Ewing Lane Disposition Item 91 Application No. 77030 submitted by Cepco, Inc This application was considered by the Planning Commission on August 11, 1977. The application is for site and building plan approval for a 19 -unit townhouse development on R -4 land south of i 63rd Avenue North between France Avenue North and Ewing Lane. Disposition Item 9i- Application No. 77041 submitted by Charles Boese This application was considered by the Planning Commission on August 11 1977. The application is for site and building plan approval for a 4 -unit garage at 4210 Lake Breeze Avenue North. Disposition ACTING CITY MANAGER'S COMMENTS Pa ge 5 Stem 9k Application No. 77042 submitted by Ronald Blake This application was considered by the Planning Commission on August 11, 1977. The application is an appeal from Building Official's ruling, per Section 35 -251, relative to minimum separation between accessory buildings at 3812 Janet Lane. Disposition Item 10a Amending Chapter 35 Pegarding Minimum Building Separations The attached ordinance is recommended for the purpose of more clearly defining the minimum distance between a principal building and an accessory building as well as stipulating that no accessory building shall be erected, altered, or moved within six feet of another accessory building. The ordinance provision was recommended by i the Planning Commission at their meeting on August 11, 1977. Disposition eltem 10b Amending Chapter 19 'Regarding Dutch Elm Disease Control The attached ordinance is recommended for the purpose of amending Section 19 -1504 to the extent of deleting reference to "registered" mail for notices and also changing the compliance period from ten to twenty days to conform with State statutes Disposition Item lla Open Forum Subcommittee Report Councilmen Kuefler and Lhotka will be prepared Monday evening to discuss the results,of public meetings held on July.26 and August 17 regarding an open forum format. Disposition Item 1 l Official Newspaper Report Councilman Kuefler will be prepared Monday evening to discuss the response he has received from Post Publishing Company relative to newspaper policies' and practices 'i Disposition �w ACTING CITY MANAGER'S COMMENTS Page 6 l[tem llc FI -94 Noise Variance Hearing I will be prepared Monday evening to discuss with the Council the matter of an application of the Minnesota. Department of Transportation for a variance from the Minnesota Pollution Control Agency noise regula- tions for construction and operation of Interstate 94 through north Minneapolis and Brooklyn Center. A public hearing is scheduled for Thursday, September 1, 1977, at Folwell Park, 1615 Dowling Avenue North, Minneapolis, beginning at 1 :00 p.m. Disposition • Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS ON SEPTEMBER 19, 1977 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to hold a public hearing on special assessments at the City Hall, 6301 Shingle Creek Parkway, on Monday, the 19th day of September, 1977, at 8 :00 P.M., central daylight time, on the following improvements: Water Main 1977 -1 1977 -7 Sanitary Sewer 1977 -2 1977 -5 1977 -8 Street Surfacing • 1977 -6 Grading, Base and Surfacing 1974 -32 Curb and Gutter 1974 -33 Tree Removal 1977 -11 and P.U. Water Hookups, Date Mayor ATTEST: Clerk Resolution No • The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted, • AW Member introduced the following resolution ' and moved its adoption: RESOLUTION NO. • RESOLUTION PLACING ON FILE AND OPENING PROPOSED ASSESSMENTS FOR PUBLIC INSPECTION BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to order placed on file in the Clerk's office and opened for public inspection the proposed assessments on the following improvements: Water Main 1977 -1 1977 -7 Sanitary Sewer 1977 -2 1.977 -5 1977 -8 Street Surfacing 1977 -6 • Grading, Base and Surfacing 1974 -32 Curb and Gutter 1974 -33 Tree Removal 1977 -11 and P.U. Water Hookups Date Mayor ATTEST: • Clerk Resolution No. The motion for the adoption of the foregoing resolution was duly P go g o Y seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. .c ; r Member introduced the following resolution` and moved its adoption: RESOLUTION NO. • RESOLUTION CONTESTING PORTIONS OF THE JUNE 23 1977 METROPOLITAN SYSTEM STATEMENT AND INITIATING RECONCILIATION PROCEDURES ESTABLISHED BY THE 1976 METROPOLITAN LAND PLANNING ACT WHEREAS, pursuant to the 1976 Metropolitan Land Use Planning Act (M.S.A. 473.851 et.seq.) the City Council has reviewed the Metro - politan System Statement dated June 23, 1977 which was received from the Metropolitan Council on June 30, 1977; and WHEREAS, the City Council disagrees with certain portions of the ,Systems Statement regarding housing (on Page 2) and the functional classification of City streets (on pages 7 and 13) and WHEREAS, a description of the concerns and recommended' amendments are contained in a letter dated August 18, 1977 to the . Chairman of the Metropolitan Council from the City; NOW, THEREFORE,- BE IT RESOLVED by the City Council of the City of Brooklyn Center, pursuant to the System Statements Reconciliation Procedures of the Metropolitan Land Planning Act (M.S.A. 473.857) and . to the Metropolitan Council's criteria adopted April 28, 1977, the City hereby requests that a hearing be conducted by the advisory Metropolitan Land Use Committee or by the State Office of Hearing Examiners for the purpose of considering amendments to the System Statement; and BE IT FURTHER RESOLVED a copy of the August 18, 1977 letter to the.Chairman of the Metropolitan Council, which describes the items of disagreement and offers specific proposed amendments to the System Statement, shall be attached to this resolution. Date Mayor ATTEST Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken • thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 5 OF 6301 SHINGLE CREEK PARKWAY �`'' BROOKLYN CENTER,_ MINNESOTA 55430 TELEPHONE (612) 551.5440 N E :.,.: August 18`, 1977 Mr. john Boland, Chairman Metropolitan Council 300 Metro Square Building St. Paul, 'Minnesota ' 55101 Re Brooklyn Center System Statement Dear Mr. Boland: The Brooklyn Center City Council has directed -the preparation of a resolution for consideration at it's August 22 1977 meeting, relative to reconciliation of portions of the Metropolitan System Statement which we received on June 30, 1977. The City Council has reviewed the System Statement and is prepared to proceed under the reconciliation /substantiation provisions of the Land Planning Act (M.S.A. 473.857) and of the Metropolitan Council's criteria adopted April 28, 1977 This letter is a statement• of intent to initiate reconciliation /substantiation proce- dures regarding the portions of the System Statement cited below: 1. The interpretation of the Land Planning Act's mandate for a housing element in the Land Use Plan and for a housing implementation program, in the 4th and 5th paragraphs on page 2 of the System Statement, should more precisely reflect the statutory requirement, and the realistic premise of implementing a subsidized housing program, namely available adequate State and Federal funding. The Land Planning Act at Section 473.859 Subdivision 2 provides in part: A Land Use Plan shall also include a housing element containing standards, plans and programs for providing adequate housing opportunities to meet existing and projected local and regional housing needs, including but not limited to the use of official controls and Lands Use Planning to promote the availability of land for - the develop ment of low and moderate income housing. ..?le .Sa fiset rur� �l a %e �it�y Mr,. john Boland -2- August 18, -1977 The City concern is that the statutory reference to housing opportunities and to the promotion of the availability of land i is not mentioned in the System Statement. - The Land Planning Act, at Section 473_.859 Subdivision 4 (c) specifies the following: A housing implementation program, including official controls to implement the housing element of the Land Use Plan, which will provide sufficient existing and new housing to meet the local units share of the Metropolitan area need for low.and moderate income housing. Another City concern is that the System Statement in the 5th paragraph states the City's housing implementation program should include programs to facilitate the construction of subsidized housing, " but does not indicate that a subsidized housing program must be predicated upon available adequate I, State and Federal funding. The City offers the following language, in lieu of the 4th and 5th paragraphs on page 2, as being consistent with the language and • intent of the Land Planning Act and as being realistic in terms of the City's ability to implement plans through programs that are consistent.with' the Metrpolitan Council's. Pa_ ragraph 4.. In planning Brooklyn Center's role in the provision of housing units, you should be aware that the Metropolitan Land , Planning Act requires - that each local comprehensive plan must include a housing element containi standards, plans, and programs for providing adequate housing opportunities to m existing and proj ected local and regional hous needs including but not limited to the use of official controls and land use planning to promot the availability of land for the development of low and moderate income housing The plan must further contain an implementation program for carrying out the housing objectives within the legal fiscal restraints within which the City must operate. Paragraph 5. Metropolitan Council policies emphasize planning for the provision of subsidized housing for low and moderate income persons as well as the provision of modest cost market -rate housing To assist in achieving these objectives, your housing implementation program should include programs to facilitate the construction of subsidized housing within the limits of available funding for such Mr. John Boland -3- August 18, 1977 programs including state and federal resources. The housing implementation program should also include official controls such as codes and ordinances that permit the construction of modest cost market -rate housing. Your plan should identify the need for rehabilitation and redevelopment of substandard housing, if this is appropriate for your community. The plans and programs proposed by your community will be reviewed for consistency with Metropolitan Council adopted housing plans and • policies and with the availability of resources to the community for funding such programs 2. The second concern is relative to the Transportation Section of the System Plan; specifically to the General Planning Considerations on page 7 and the 'related Map A -4 on page 13. The second paragraph on page 7 describes the Functional Classification Map A -4 and states that the request for revisions should be addressed to - the Transportation Advisory Board. We have communicated our concerns to the Transpor- tation Advisory, Board. The purpose of discussing it here, however, is that it is a part of the System Statement and in the City's judgment should be appropriately revised. I The functional classification map indicates 63rd Avenue North, between the west corporate limits and Trunk Highway 152 (Brooklyn Boulevard) is classified as a minor arterial roadway.. The map also indicates that Humboldt Avenue North, between 57th Avenue North and 53rd Avenue North, is classified as a minor arterial roadway. It is the City's position that both these segments should be classified as collector streets rather than minor arterial streets. This concern is consistent with the System Statement comment in the first paragraph on page 7 that "the Transportation Policy Plan assumes that Brooklyn Center, in conjunction with neighboring municipalities and the county, will plan an adequate system of local streets, collectors and minor arterials to accommodate all of these trips. These segments 'were previously reviewed in conjunction with the Hennepin County study known as the Year 2000 Hennepin- County Transportation System Plan which was adopted in October,' 1976 by the Hennepin County Board of Commissioners That plan includes a functional classification system' developed with the City which classifies the subject streets as collectors. 3� i _0 0 Mr. John Boland -4- August 18, 1977 It is the City's position that, if the functional classifications system is to be included as part of the System Statement and thereby serve as the basis for land use planning and transportation planning, the related data such as the Map A -4 should be appro priately amended. Should the resolution of this concern be a matter of having the Transportation Advisory Board revise their classification in the near future, and should - this be a distinct possibility within the Metropolitan Council's Transportation and Comprehensive Planning policies, then we would suggest the language on page 7 paragraph 2 be amended to reflect this possibility. In accordance with the Metropolitan Council's adopted reconciliation procedures we are appreciative of the possibility of resolving these concerns through stipulation and we are prepared to discuss these matters in further detail. We are submitting this letter, however, as a preliminary notice to the fact that the City Council is prepared to convey these concerns by resolution for purposes of initiating appro- priate reconciliation /substantiation hearings. Questions regarding these matters should be directed to me or to Director of Planning and Inspection Blair Tremere . Thank you for your consideration. Sincerely, James R. Merila Acting City Manager CITY OF BROOKhYN CENTER JRM :BT:dkvv cc: Mayor Philip Cohen City Council Members Blair Tremere i z� Member introduced the following resolution and moved its adoption RESOLUTION NO. RESOLUTION ESTABLISHING STREET SURFACING IMPROVEMENT PROJECT NO, 1977 -14 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a petition has been presented to the City Council requesting Street Surfacing Improvement Project No 1977 -14; and WHEREAS, the City Council deems it necessary to initiate the above mentioned improvement project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to direct the City Engineer to prepare plans and specifications for said improvement project, described as follows: 1977 -14 - Street Surfacing 52nd Avenue North from Drew Avenue to the east approximately 135 feet. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was duly passed and adopted. CITY OF BROOKLYN CENTER.' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO MINIMUM BUILDING SEPARATIONS IN THE R -1 AND R -2 DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS Section 1. Section 35 -530 (1) is hereby amended to read as <follows: 1. No accessory building, unless an integral part of the principal building, shall be erected, altered, or moved, within eight feet of the principal build- ing, as measured from exterior wall to exterior wall. No accessory buildings shall be erected altered, or moved within six feet of another'acces- sory buil as_ measured from exterior wall to exterior wall Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1977. • Mayor ATTEST: C lerk Date Published Effective Date CITY OF BROOKLYN CENTER ORDINANCE NO. - AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES RELATIVE TO THE DETECTION AND CONTROL OF DUTCH ELM DISEASE THE'CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:_ Section 1. Section _19 -1503 and Section 19 -1504 of the City Ordinances are hereby amended to read as follows; . Section 19-1503. INSPECTIONS AUTHORIZED. In order to carry out the purposes of this ordinance and to implement the enforcement thereof, the City Manager or his duly authorized representative is hereby authorized and empowered to enter upon any parcel of land in the City of Brooklyn Center at all reasonable hours for the purpose of inspecting any elm trees or dead elm wood situated thereon and removing specimens therefrom for laboratory or field analysis. It shall be unlawful for any person to prevent or interfere with the City Manager or his duly authorized representative in the perform - ance of any duties provided for in this ordinance. Section 19 -1504 NOTICE TO ABATE NUISANCE. If it is determined that a public nuisance exists on a parcel of land or abutting street right -of -way, the City Manager shall cause - to be served upon the owner of the parcel of land a written notice •requiring such owner to abate - the nuisance. Written notice shall be served by [registered} mail, addressed to the owner of the parcel at his last known address. If the owner upon whom such notice is served fails, neglects, or refuses to abate the nuisance within [ten) twen days after mailing such notice, the City Manager or his duly authorized representatives may proceed to abate the nuisance and charge the cost thereof against the owners to be paid by such owner to the City of Brooklyn Center. Section 2 This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of - 1977. I Mayor' ATTEST Clerk Date of publication Effective date (Brackets indicate matter to be deleted, underline indicates new matter.) Licenses to be approved by the City Council on August 22, 1977 HOUSE MOVER'S LICENSE Prodger Housemovers 236 Cleveland.- Redi Bilt 5615 County Road 18 +� Building Inspectors ITINERANT FOOD ESTABLISHMENT LICENSE � E Brooklyn Center Mrs. Jaycees 6218 Lee Avenue North Cog -r) Sanitarian JA 6 MECHANICAL SYSTEMS LICENSE Daytons Bluff Sheet Metal, Inc. 1400 East Hwy 36 Palen Kimball'Company 2505 University Ave. Building Inspector A-) I' RENTAL DWELLING LICENSE r Initial: _ Investors Diversified Services Riverwood Townhomes Mr. & Mrs. Herman Green 6401 Bryant Ave. No. I '__ rr, Elsie M. Raumer 1215,17 54th Ave. No %C'_ rat Gladys E. Olson 3806 72nd Ave. No. fUh ! U )'t Lk —t- Renewal: Alfred & Myrtle Herlitz 7018 Emerson Ave. No. �1 ZLIA 7V - J)2.L M. P. Evanson 711 69th Ave. No. k! k 7n m' h Alfred & Myrtle Herlitz 1713 72nd Ave. No d l A U J Q • Transfer: Bernard J. Harrington Hi Crest Apartments l PLLU Director of Planning and Inspection TEMPORARY ON -BALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center Mrs. Jaycees 5646 Girard Ave. No. City Clerk � 1 r