HomeMy WebLinkAbout1977 09-12 CCP Regular Session CITY COUNCIL AGENDA
City of Brooklyn Center
September 12, 1977
7.30 p.m.
1. Call to Order
2 Roll Call
3. Invocation
4. Approval of Minutes - August 15, 1977 (joint meeting) and August 22, 1977
5. Approve Final Plats
6. Resolutions
a Authorize Purchase of Shade Trees
b. Designating Hearing Officer
c Requesting Installation of Traffic Signals
d. Amending Special Assessment Public Hearing Date for Diseased Tree
Removal Project No. 1977 -11
e. Establishing City Council Policy for Evaluating Rezoning Applications
f. Ordering Construction ofA y Pav�`ng Improvement Project No. 1977 -13 -/
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•
7. 1978 Budget Hearing (8:00 p.m.)
8. Public Hearing on Alley Paving Improvement Project No. 1977 -13
9. Planning Commission Items (8:30 p.m.):
a. Application No 76041 -A submitted by Meadow Corporation
b. Application No. 77010 submitted by Meadow Corporation
c Application No. 77043 submitted by Georgiana Proctor
d. Application No. 77022 submitted by L. W. Joel Company
10. Sp Assessment Review
11. Ordinances: a
a Amending Chapter 19 Regarding Noise Abatement
b. Amending Chapter-19 Regarding Dutch Elm Disease Control
c. Amending Chapter; 35 Regarding Minimum Building Separations
12. Discussion Items:
a Procedures for Publishing Ordinance Amendments
b. Open Forum Subcommittee Report
c. Official Newspaper Report
13. Licenses
14. Adjournment
ACTING CITY MANAGER'S COMMENTS
Item 5 Approve Final Plats
It is recommended that the City Council approve the final plat titled
Riverwood Townhomes which is a replatting of the Riverbrooke Town
house Addition at 66th Avenue and Camden Drive. The preliminary
plat was approved on August 8, 1977.
Disposition
It is recommended that the City Council approve the final plat titled
The Ponds for the property at 69th Avenue North and Unity Avenue
which was formerly called the Fox Run Addition. The preliminary plat
was approved on February 28, 1977.
Disposition
Item 6a Authorize Purchase of Shade Trees
The attached resolution is recommended for the purpose of authorizing
• the purchase of shade - trees in the amount of $4,000 from Instant
Shade, Inc. The 1977 Park Department budget comprehends the
purchase of large shade trees for the amount of $4,000.
Disposition
Item 6b Designating Hearing Officer
The attached draft resolution is recommended for the purpose of
officially designating a hearing officer for the purpose of considering
amendments to the System Statement.
Disposition
Item 6c Requesting Installation of Traffic Signals
The attached resolution is recommended for the purpose of requesting
the Minnesota Department of Transportation to install traffic signals
on T. H. 169 at 66th Avenue North, 69th Avenue North, and 73rd
Avenue North, and indicating the willingness of the City of Brooklyn
C enter to participate in the cost of signals
Disposition
ACTING CITY MANAGER'S COMMENTS
Page 2
Item 6d Amending Special Assessment Public Hearing Date for Diseased Tree
Removar Project No. 1977 -11
The attached resolution is recommended for the purpose of amending
the special assessment public hearing date for diseased tree removal
Project No. 1977 -11 from September 19 to October 3 so that the
assessment roll can be expanded with property owners who had trees
removed the first part of September.
Disposition
Item 6e Establishing City Council Policy for Evaluating Rezoning Applications
The attached draft resolution is recommended for the purpose of
establishing City Council policy for evaluating rezoning' applications.
The Planning CaYnmission, at the direction of the City Council, has
considered the need for a uniform olic and for guidelines to assist
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the City in the evaluation of applications for rezoning property. During
the past six months, the Planning Commission has reviewed several
drafts of policy and statement evaluation criteria which have been
developed from several legal and planning resources.
The purpose of the policy and the guidelines is to assist the prospective
rezoning petitioner, the City staff, the Planning Commission, and the
City Council in determining the feasibility and soundness of an amend-
ment to the zoning ordinance, which would change the land use classifica-
tion of the property in the City.
Disposition
Item 6f Ordering Construction of Alley Paving Improvement Project No. 1977 -13`
The attached resolution is recommended for the purpose of ordering
construction of Improvement Project No. 1977 -13 in the event the public
hearing is declared successful.
Disposition
t5�
ACTING CITY MANAGER'S COMMENTS
Page 3
Item 7 1978 Budget Hearing
The City Charter requires that the City Manager prepare an annual budget
for submission to the City Council and that - the proposed budget shall be
the principal item of business at the first regular monthly meeting of the
City Council in September of each year. The Charter further provides
that the Council shall hold adjourned meetings in the form of a public
hearing from time to time until all of the budget has been considered
It is recommended that the City Council convene the 1978 hearing and
then table the matter until after Item #11 on the agenda.
Disposition
Item 8 ' Public Hearing on Alley Paving Improvement Project No. 1977 -13
A public hearing for Alley Paving Improvement Project No. 1977 -13
is scheduled for 8:00 p.m.
Disposition
•
Item 9a Application No. 76041 -A submitted by Meadow Corporation
Application, No. 76041 -A submitted by Meadow Corporation was considered
by the Planning Commission on August 25, 1977. The application is an
amendment to the special use permit for Phase II of "The Ponds" planned
residential development at 69 and Unity Avenues North.
Disposition
Item 9b Application No. 77040 submitted by Meadow Corporation
Application No. 77040 submitted by Meadow Corporation was considered
by the Planning Commission on August 25, 1977. The application is a
request for preliminary plat approval for the second phase of "The Ponds
development.
Disposition
ACTING CITY MANAGER'S COMMENTS
Page 4
Item 9c Application No. 77043 submitted by Georgiana Proctor
Application No. '77043 submitted by Georgiana Proctor was considered
by the Planning Commission on August 25, 1977. The application is
a request for a special use permit for a beauty shop home occupation
at 3501 63rd Avenue North
Disposition
Item 9d Application No. 77022 submitted by L. W. Joel Company
This application was discussed by the City ,Council at the August 22
Council meeting and tabled until September 12, 1977 for further review
by the staff. 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 10 Special Assessment Review
The Director of Public Works will be prepared Monday evening to review
the proposed special assessments upon which a hearing will be held on
September 19, 1977
Disposition
Item 1la Amending Chapter 19 Regarding Noise Abatement
The attached ordinance was first read on August 8 1977, and published
on. August 18, 1977. The ordinance is offered this evening for second
reading and adoption.
Disposition
Item 1 l Amending Chapter '19 Regarding Dutch Elm Disease Control
The attached ordinance was first read on August 22, 19`77 and published
on September 1, 1977. The ordinance is offered this evening for second
reading and adoption.
Disposition
ACTING CITY MANAGER'S COMMENTS
Page S
Item l lc Amending Chapter 35 Regarding Minimum Building Separations
The attached ordinance was first read on August 22, 1977 and published
on September 1, 1977. The ordinance is offered this evening for second
reading and adoption. -
Disposition
Item 12a Procedures for Publishing Ordinance Amendments
The City Attorney will be prepared Monday evening to discuss procedures
for publishing ordinance amendments in response to questions raised at
the August 8, 1977 meeting during discussion of the noise abatement
ordinance.
Disposition
Item 12b 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 the open forum format.
Disposition
Item 12c 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.
Disposition
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO
RESOLUTION AUTHORIZING THE PURCHASE OF SHADE TREES
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the
purchase of merchandise, materials or equipment, or any kind of construction
work by informal quotations when the amount of such contract is less - than ten
thousand dollars ($10,000); and
I
WHEREAS, the Acting City Manager has obtained quotations on - the purchase
of shade trees and has determined that the quotation of Instant Shade, Inc. in the
amount of $4,000 for shade - -trees based on the installed price of $30 per diameter
inch plus $15 per diameter inch if tree furnished by Instant Shade (based on a 5"
tree furnished and installed the price would be $245) , is the best quotation sub-
mitted:
NOW, THEREFORE, BE IT RESOLVED by - the City Council: of the City of
Brooklyn Center that the Acting City Manager be authorized to contract for the
purchase of shade ,trees in 'the amount of $4,000 from Instant Shade, Inc.
• 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.
r
Member introduced the following resolution and
moved its adoption.
RESOLUTION NO.
RESOLUTION DESIGNATING HEARING BODY RELATIVE TO INITIATION
OF RECONCILIATION PROCEDURES ESTABLISHED BY THE 1976
METROPOLITAN LAND PLANNING ACT
WHEREAS, the City Council adopted Resolution No. 77 -161 on August 22,
1977, contesting portions of the June 23, 1977 Metropolitan System Statement and _
initiating the System Statement reconciliation procedure's established by the 1976
Metropolitan Land Planning Act and by the Metropolitan Council; and
WHERAS, said procedures require the City to designate an official body to
conduct a reconciliation hearing, if necessary
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to designate the Metropolitan Land Use Advisory Committee as
the System Statement reconciliation hearing body.
Date Mayor
t
• ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was 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.
Member introduced the following resolution and moved
its adoption:
RESOLUTION N0.
RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION
T(YINSTALL TRAFFIC SIGNALS ON T. H. 169 at 66TH AVENUE NORTH,
69TH AVENUE NORTH, AND 73RD AVENUE NORTH, AND INDICATING THE
WILLINGNESS OF THE CITY OF BROOKLYN CENTER TO PARTICIPATE IN THE
COST OF SIGNALS
WHEREAS, the traffic volumes on T. H. 169 within the City of Brooklyn Center
have increased to such an amount that it is unsafe to cross said highway except at
controlled intersections; and
WHEREAS, the City Council of the City of Brooklyn Center deems it necessary
for the health, safety, and general welfare of its ;pedestrian and vehicular traffic
to provide for safe crossings at the intersections at 66th Avenue `North, 69th Avenue
North, and 73rd Avenue North with T. H. 169; and
WHEREAS, the City of Brooklyn Center has previously expressed concern to
representatives of the former Minnesota Highway; Department for safe pedestrian
crossings at said locations and recognizes the.time span necessary for installation
of permanent traffic signals with roadway geometric revisions.
NOW,; THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center as follows:
• 1. The City hereby requests that:
a. The Minnesota Department of Transportation install traffic
signals with pedestrian crossing indicators at the intersections
of 66th Avenue North, 69th Avenue North, and 73rd .Avenue North
with T H. 169.'
b. Temporary,`pedestrian crossing signals be installed at said
locations until permanent signals are installed.
2. The City is willing to participate in the cost of installing the above
said traffic signals.
Date Mayor
ATTEST
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.
j
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING PUBLIC HEARING DATE FOR SPECIAL
ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL PROJECT
NO. 1977 -11
WHEREAS, on August 22, 1977, the City Council adopted Resolution
No. 77 -159 providing for a public hearing on special assessments for
various projects to be held on September 19 1977; and_
WHEREAS, Diseased Shade Tree Removal Project No. 1977 -11 was
included with said projects; and
WHEREAS, additional trees have been removed under said Project
No. 1977 -11 and affected property owners have requested the cost of
said removals to be assessed in 1977; and
WHEREAS, the public hearing for Diseased Shade Tree Removal
Project No. 1977 -11 will be rescheduled to be held on October 3, 1977
at 8:00 p.m., central daylight time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
• of Brooklyn Center to amend Resolution No. 77 -159 to exclude Diseased
Shade Tree Removal Project No. 1977 -11 from the public hearings to be
held September 19, 1977.
BE IT FURTHER RESOLVED by the City Council of the City of
Brooklyn Center to hold -a public hearing on special assessments for
Diseased Shade Tree Removal Project No 1977 -11 at the City Hall, 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota, on Monday, the
third day of October, 1977, at 8 :00 p.m., central daylight time.
i
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.`
•a .
Member introduced the following resolution and moved
its adoption:
RESOLUTION N0.
RESOLUTION ADOPTING REZONING EVALUATION POLICY AND REVIEW CRITERIA
Whereas, the City Council finds that effective maintenance of the
Comprehensive Planning and of land use classifications within the City is
enhanced through uniform and equitable evaluation of periodic proposed changes
to the Comprehensive Zoning Ordinance; and
Whereas, the Planning Advisory Commission has considered, within a sound
legal and planning context, the establishment of criteria to be used in the
review and evaluation of rezoning requests; and
- Whereas, the 'Commission has recommended, in Commission Resolution No.
77 -5, the adoption of a Rezoning Evaluation Policy and Review Criteria, for
the purpose of assisting the prospective rezoning petitioner, the City staff,
the Planning Advisory Commission, and the City Council in the determination of
the feasibility and the soundness of an amendment to the Zoning Ordinance which
would change the land use classification of property in the City;;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Brooklyn Center to adopt the-following policy, procedure, and guidelines as
the City Rezoning Evaluation Policy:
POLICY
• It is the policy of the City that: a) zoning classifications must
be consistent with the Comprehensive Plan, and b) rezoning proposals
shall not constitute "spot zoning," defined as a zoning decision
which discriminates in favor of a particular landowner, and does
not relate to the Comprehensive Plan or to accepted planning
principles
PROCEDURE
Each rezoning proposal will be considered on its merits, measured
against the above policy and against these guidelines which_ may be
weighed collectively or' individually as deemed by the City.
GUIDELINES
1. Is there a clear and public need or benefit?
2. Is the proposed zoning consistent with and compatible with
surrounding band use classifications?
3. Can all permitted uses in the proposed zoning district be
contemplated for development of the subject property ?'
• 4. Have there been substantial physical or zoning classification
changes in the area since the subject property was zoned?
RESOLUTION NO.
5. In the case of City- initiated rezoning proposal is there'
a broad public purpose evident?
6. Will the subject property bear f u lly the ordinance development
restrictions for the proposed zoning districts?
7. Is the subject property generally unsuited for uses permitted in the
the present zoning district, with respect to size, configuration,
topography, or °location?
8. Will the rezoning result in the expansion of a zoning district,
warranted by: 1) Comprehensive Planning; 2) the lack of
developable land in the proposed zoning district; or, 3) the best
interests of the community?
9. Does the proposal demonstrate merit beyond the interests of an
owner or owners of an- individual parcel?
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:
a h same:
follow v oted against the s
and the to � e t
9 9
i
whereupon, said resolution was declared duly passed and adopted.
The Mayor announced that the meeting was open for the con-
sideration of proposed Alley Paving Improvement Project No. 1977 -13
• 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
September 8 1977 which affidavit was examined and found satis-
factory 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
introduced the following resolution and-moved its adoption:
RESOLUTION 110.
RESOLUTION ORDERING ALLEY PAVING IMPROVEMENT
PROJECT NO. 1977 -13
BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that it is hereby determined that it is necessary
and for the best interests of the City and the owners of property
specially benefitted thereby, that the following improvement shall be
constructed:
Project Ho. 1977 -13
Alley paving between James and Knox Avenues North
from 53rd Avenue to 54th Avenue North.
The estimated cost is $10,500.00.'
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 OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES
PROVIDING FOR THE ABATEMENT OF NOISE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 19 -1202 of the City Ordinances is hereby amended
as follows:
Section 19 -1202 _[NOISY PARTIES.] NOISE ABATEMENT.. No person shall
congregate because of, participate in, or be in any party or gathering of people
from 'which noise emanates of a sufficient volume so as to disturb the peace,
quiet or repose of persons residing in any residential area. No person shall
visit or remain within any residential dwelling unit wherein such party or gathering
is taking place except persons who have gone there for the sole purpose of abating
said disturbance. A police officer, may order" all persons present in any group or
gathering from which such noise emanates, other than the owners or tenants of the
dwelling unit, to immediately disperse in lieu of being charged under this ordinance.
Owners or tenants of the dwelling unit shall immediately abate the disturbance and,
failing to do so, shall be in violation of this ordinance.
• 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
Clerk
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 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
Wh m[registered] mail, addressed to the owner of the parcel at his last known address. If
e owner upon whom such notice is served fails, neglects, or refuses to abate the
nuisance within [ten] 'twenty 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.
Mayor
ATTEST:
Clerk
Date of publication
i
Effective date
AWrackets indicate matter to be deleted, underline indicates new matter.)
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 , a s mea sured from exterior wa 11 to exterior
wall. No accessory building shall be erected,
altered, or moved within six feet of another ' acces -
sort' building, as measured from exterior wall to
exterior wail
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:
f C Jerk
Date Published
Effective Date
Licenses to be approved by the City Council on September 12, 1977
CIGARETTE LICENSE
Kenko Vending 3916 Sunset Road
Humboldt Service 6840 Humboldt Ave. No. e q • 4�lL%�1 C1-
City Clerk
'OOD ESTABLISHMENT LICENSE
Fun Services, Inc. 3701 50th Ave. No. t �U �-
Sanitarian
MECHANICAL SYSTEMS LICENSE
Loop- Belden Porter Co. 315 Royalston Ave. No. � l.ytJ
Building Inspector ._
NONPERISHABLE VENDING MACHINE LICENSE
Allen Hair Styling 5708 Morgan Ave. No.
Consumer Vending 8800 41st Ave. No.
Federal Lumber 4810 No. Lilac Dr.
First Brookdale State Bank 5620 Brooklyn Blvd, l
Johnny' Inc. 6846 Brooklyn Blvd.
Pilgrim Cleaners 5748 Morgan Ave. No.
Kenko Vending 3916 Sunset Road
Humboldt Service 6840 Humboldt Ave. No.
- unitarian 1
PERISHABLE VENDING MACHINE LICENSE
• Consumer Vending 8800 41st Ave. No.
Federal Lumber 4810 No Lilac Dr. t'1r1C �?c
Kenko Vending 3916 Sunset Road
Humboldt Service 6840 Humboldt Ave. No.
Sanitarian
SIGN HANGER'S LICENSE l l
Suburban Lighting, Inc. 6077 Lake Elmo Ave No.
Building Inspector