Loading...
HomeMy WebLinkAbout1972 11-06 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 Minnesota November 6, 1972 The City Council met in regular session and was called to order at 7:35 P. M. by Mayor Philip Cohen. Roll call: Mayor Cohen., Councilmen Heck, Leary, Ausen, and Britts. Also present were City Manager Donald Poss , Director of Public Works James Meriia, City Attorney Richard Schieffer, Eirector of Finance Paul Holmlund, Chief of Police Thomas O` Hehir, and Administrative Assistants Daniel Hartman and Blair Tremere. Motion by Councilman Heck, seconded by Councilman Leary to approve the minutes of the October 2, 1972 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen, seconded by Councilman Britts to approve the minutes of the October 4, 1972 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously.. Motion by Councilman Leary, seconded by Councilman Ausen to acknOW - ledge the claim in. the amount of $15, 000 filed against the City of Brooklyn Center' by James Francis Peckels . Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously Motion by Councilman Heck, seconded by Councilman Britts to acknowledge the filing of the claim in the amount of $15,000 filed against the City of Brooklyp Center by Donald Munt. Voting in favor were: Mayor Cohen, Councilmen Leary, Aus en, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next reviewed several site improvement and performance bonds which had been reviewed and were recommended for release. Motion by Councilman Britts, seconded by Councilman Leary to authorize the release of a $2,500 bond submitted to guarantee site improvement at the Green Giant Restaurant. Voting in favor were: Mayor Cohen, CounedImen Leary, Ausen, Heck and Britts.. Voting against: none. Motion carried unanimously. Motion by Councilman Leary, seconded by Councilman Britts to authorize the release of the $15,000 bond posted to guarantee site improvements at North Star Dodge, 6800 Brooklyn Blvd. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimousl,. Motion by Councilman Ausen, seconded by Councilman Heck to authorize the release of a development bond submitted by Wiensch Construction Company in the amount of $10,000 posted to guarantee site improvements' the Georgetown Park development at 66th and Camden Avenues North. Vot' '.i favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck, and Britts Voting against:, None. Motion carried unanimously. Councilman Britts left tbe.table at 7 :45 P.M. Motion by Councilman Heck, seconded by Councilman Leary to authorize the release of a development bond submitted by Shopper's City in the amount of $15, 000 posted to guarantee site improvements at Shopper's City. Voting in . favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against: none Motion carried; Motion by Councilman Leary and seconded by Councilman Ausen to authorize the release of a performance bond submitted by Ryan Construction Co, in the amount of $2.2,,000 posted to guarantee site improvements at the Su . Vaiu store at 5801 Xerxes Ave. No. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against: none. Motion carried . Motion by Councilman Leary and seconded by Council Ausen to authorize the release of a development bond submitted by United National Investor's Corp. in the amount of $10,000 to guarantee site improvements at the Northbrook Shopping Center in conjunction with the new Country Club grocery store. A brief discussion ensued relative to traffic problems in the area as well as the use of an incinerator by the grocery store. Councilman Heck suggested that the Council be given a chronological history of the events and the particular case of this development for reference in future similar cases. Mayor Cohen then called for a vote. Voting favor were: Mayor Cohen, Councilmen Heck, Leary and Ausen. Voting against: none. Motion carried. The City Manager explained that a subdivision bond in the amount of $2,900 submitted for Kelly Estates, subdivision located on the south side of 70th Avenue North between T. H. 169 and Willow Lane was on file and that an inspection of the subdivision indicated sufficient work had been performed to justify a reduction in the subdivision bond. Motion by Councilman Heck and seconded by Councilman Leary to authorize a reduction in the amount of the subdivision bond held for Kelly's Estates, subdivision from $2,900 to $650. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Ausen. Voting against: none. Motion carried Motion by Councilman Leary and seconded by Councilman Heck to authorize release of a subdivision bond submitted for Wangstad's Brooklyn Terrace 5th Addition in the amount of $475. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Ausen. Voting against: none. Motion carried, Motion by Councilman Heck and seconded by Councilman Ausen to authorize Mr. Donald J. Gliadon, a property owner at 5109 Xerxes Avenue North to connect to the Minneapolis water system in place in Xerxes Avenue noting the established policy of the City Council to authorize Brooklyn Center residents along Xerxes Avenue to connect to the Minneapolis water system as they request. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Ausen, Voting . against: none. Motion carried; The City Manager reviewed a liquor license application submitted by Northern States Enterprises, Inc. mho intends to operate a Nino's Steak House Restaurant in the lower level of the office building presently being erected in the Industrial Park. Councilman Britts returned to the table at 7 :57 P.M. The City Manager noted that the application had been reviewed by the Staff and the Police Department and he called Administrative Assistant Daniel Hartman to further discuss the applica ' and the floor plan. Mr. Hartman presented the submitted floor plans and noted the roionship between the seating and the parking. The City Manager commented in that regard that the situation was similar to the Holiday Inn circumstances wherein approximately two- thirds of the banquet facilities were not covered in the parking provided for the entire facility. He noted that in this particular case, adequate parking was established for the entire office area, for the restaurant dining oom and liquor lounge, g q o ge, and for one - third of the banquet facilities and suggested that adequate parking vo uld be available for the restaurant facility, especially in the evening hours. Responding to an inquiry by Councilman Heck, the City Manager stated that the Council had the discretion in determining the parking requirements and he noted the applicant had apparently maximized parking resources effectively. -2- Mayor Cohen then recognized Mr. Miller, the president of Northern States Enterprises. Mayor Cohen then asked the City Manager to elaborate upon the investigatory procedures for liquor license applications. Councilman Britts inquired why the application was brought to the Council at this time since it was not scheduled to take effect until the first part of 1973. The City Manager responded that it was a matter of the applicant taking certain financial risks in the final development and equipping of his facility and thus needing indications of approval such as this to proceed with capital purchases. Motion by Councilman Leary and seconded by Councilman Heck to authorize the issuance within one year of a liquor license to Northern States Enterprises for the operation of the Nino's Steak House Restaurant subject to the applicable ordinance provisions. Voting in favor were: Mayor Cohen, Councilmen Heck, Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. The City Manager next discussed a Sunday Liquor License Application submitted by Holiday Inn, Inc. He noted that the ordinance providing for such licenses became active on November 5 and that the Holiday Inn desired to institute such a service on Sunday, November 12. Mayor Cohen recognized Mr. Ned Delk, Managerof the Holiday Inn, and a brief discussion ensued. I Motion by Councilman Britts and seconded by Councilman Leary to authorize the issuance of a Sunday Liquor License to the Holiday Inn, Inc., subject to the applicable ordinance provisions. Voting in favor were: Mayor Cohen, Councilmen Heck, Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. The City Manager stated that Ncrthern States Enterprises had also requested a Sunday Liquor License on behalf of the Nino's Steak House Restaurant. Following a brief discussion, there was a motion by Councilman Leary and seconded by Councilman Heck to authorize the issuance of a Sunday Liquor License to Northern States Enterprises, Inc. for Nino's Steak House Restaurant, subject to the applicable ordinance provisions. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Ausen and Britts. Voting against: none. Motion carried unanimously. The City Manager next presented for review a preliminary alignment plan submitted by the County relative to County Highway # 134 (69th Avenue North) . He stated that for a considerable period of time, there had been concern expressed by the Council that some indication of future plans for the county highway be submitted. He stated a set of such preliminary plans had been received and that although there was at this time no proposed construction scheduled, it was desirable that an alignment be established so that new developments, particularly the Industrial Park, could be referenced to such a roadway alignment. The Director of Public Works presented the plans to the Council and an extensive discussion ensued. The City Managt,ipted the established City Policy of no direct access on 69th Avenue ex - ,at controlled points. He also noted the longstanding City policy that adjacent property owners dedicate necessary land for such roadway projects. Councilman Ausen noted his concern as to a developer being required to donate right -of -way for highway development. A brief discussion ensued. The City Manager stated that at this time comment and official response was being sought to the proposed alignment so that a determination could be made relative to land acquisition which would constitute a future Council decision apart from actual approval of the alignment concept. Councilman Heck stated that receipt of the plans should be acknowledged and an-indication should be made that it is appropriate that the plans be submitted to the public for review. He stated that official commitment should not be made until the public has had an opportunity to review the plans, -3- The Director of Public Works stated that the plans were submitted to the Council at this time in that preliminary data was requested so that certain deter - mination relative to the sidewalk network program could be made and due to a concern among citizens regarding the upgrading of 69th Avenue North. Mayor Cohen suggested that an open house format be used to present the preliminary plans to the public. Following further discussion there was a motion by Councilman Heck, seconded by Councilman Ausen to acknowledge the receipt of the preliminary alignment plans for County Highway #130 and to direct the staff to establish a public informational meeting conducted by the City and the County relative to the preliminary plans. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck, and Britts. Voting against: none. Motion carried unanimously. The meeting recessed at 9:20 P.M. and resumed at 9 :45 P.M. The City Manager explained that Darrel Farr Development Corporation was seeking an amendment to Planning Commission Application #70012 representing the Chessman Townhouse project. He stated that the application had most recently been considered and approved by the City Council in December of 1971. He explained that the submitted plans indicated certain site modifications including the realignment of the buildings and a reduction in the total number of dwelling uni�s from 44 to 40 for phase one of the project. He noted that the Planning Commission and residents whose property abutted the development had been concerned with the landscape treatment of the site with particular regard for the berm area along the easterly property line. He noted that members of the had met with June Avenue residents and representatives of the applicant on the site to discuss the development of the berm and the landscaping in that area. The Director of Public Works then reviewed the plans particularly noting the concerns for the landscaping and utility provisions for the projects. Mayor Cohen then recognized Mr. Floyd Buehler, 5837 June Avenue North, who commented that following the meeting with the applicant since the ammended plans were submitted, he and his neighbors were basically in agreement with the plans as presented to the Council. He noted the longstanding concern of the neighborhood with the berm and stated that the residents were weary of continually striving for something better and realizing that the applicant had done little to develop what had been approved on the original plans. Mayor Cohen noted th number of comments and complaints relative to the project that he had received "and an extensive discussion ensued regarding the erection of a protective snow fence in the area of the berm as stipulated by the City Council in its approval of the original application. H noted that several neighbors had indicated last summer that the fppce was not in place and that the applicant had indicated in a letter to the staff that the neighbors had stated a desire to have the fence removed. Mr. Buehler stated that to his knowledge the fence was not installed behind all of the property and that only some of the neighbors had asked to have it removed. Mayor Cohen ohen noted his concern that the fence was required as a matter of condition of approval for the application and that a formal amendment to those approved plans was not made regarding the removal of such fence. He noted furthe that it was the intent of the Council to have continuous protective fencing along the easterly property line. He then recognized Mr. Charles Van Eeckhout, representative of the applica t .who stated that he had noted in his correspondence of last summer that the applicant was willing to reinstall the fence if that was the desire of the City and the neigh- borhood. He stated that as a result of recent meetings with the staff and the people in the neighborhood, it was the applicant's intent to complete the berming, includir g the landscaping, and to replace a fence along the westerly side of the berm follow- ing the curb line on the site. Mayor Cohen reiterated that the fence was an original condition of approval and that a formal petition should have been submitted relative to its temporary removal. He stated a minimization of existing conditions was not appreciated particularly when complaints were generated. -4- An extensive discussion ensued relative to Councilman Britts' comment that Planning Commission had noted the submitted revised plans were not complete in that the landscape plan and schedule were lacking. He noted that the Planning Commission had stipulated that the applicants submit such plans prior to Council action. He inquired whether the Council was thus acting for the Planning Commis- sion in reviewal of these plans and further ,stated that it seemed the plans still were not fully complete. Councilman Britts also commented relative to the orginal conditions of approval regarding the berming and installation of fencing along the common property line. He stated that if that was a requirement then its fulfillment should be assured by the City before work was permitted to continue. The City Manager„ responded that construction on the project had come to a halt due to certain marketing difficulties realized by the applicant in the sale of the initial units. In further discussion the City Manager commented that the basic issue involved with the present application was a difference of opinion between the staff and the applicant regarding the degree of detail planning required for review and approval. He noted that some developers were reluctant to make the effort and realize the expense of preparing and submitting detailed plans, particularly with regard to landscaping. He noted that in this instance the Director of Public Works had extensive notes regarding the deficiencies in the landscaping which had been verbally resolved between the nearby residents, the applicant, and the staff . Mayor Cohen stated that those nct es should be appended to the submitted documentation regarding the revised site and building plans so that the applicant could proceed with the development of the site and particularly the improvements along the easterly property line. Mayor Cohen also recognized Mr. Henry of 5819 June Avenue North, who inquired about the height and construction of the proposed berm and noted his concern about the safety of children plalring in the construction area. Motion by Councilman Leary, seconded by Councilman Heck to approve Planning Commission Application # 70012 submitted by Darrel Farr Development Corporation subject to all previous oo nditio ns of approval as adopted on December 13; 1971, and the condition that complete landscaping plans be submitted to the City Engineer who will include such plans and the details of the proposed berming in a communication to the appended to the amended r lans . Councilman Britts stated that he would like to see the complete detailed plans prior to approval and he thus suggested that final approval be deferred until the next meeting to permit the applicant the opportunity to submit such data. Councilman Heck noted the importance of permitting the applicant to proceed with the project so that the nearby residents could be assured that the site improvements as approved were being provided. He noted the intent of the action was that the staff would work with the applicant on site to assure that the written notes were actually translated into the intended development. Mayor Cohen then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, and Heck. Voting against: Councilman Britts. .Motion passed. The City Manager next introduced Planning Commission Application #71025 regarding the Brookdale Towers office project currently being completed by the Darrel Farr Development Corporation. He nct ed that the City Courc it on October 16, 1972, had deferred consideration of the landscaping plans relative to the project until such time as a representative of the firm was present. He noted that a letter had been directed to Mr. Darr_ el A. Farr requesting that he be present to represent the application. The City Manager further commented that the orginal site and building plan approval for this project had excepted the landscaping plans which were to be submitted for Council review and approval. He noted that the applicant took issue with the staff opinion that the landscaping needed modification as to substance. -5- Mayor Cohen recognized Mr. Charles Van Eeckhout who represented the applicant and in a response to a question by Councilman Heck, Mr. Van Eeckhout stated that the actual landscaping had been upgraded beyond the basic requirements of the submitted plans. Further discussion ensued relative to the submitted landscape plans for the building. A discussion also ensued regarding the role of the Council in considering the details of the landscape plans and Mayor Cohen suggested that perhaps a vehic was needed to provide for some consistency in evaluating the plans. The Director of Public Works responded that perhaps guidelines or parameters to aid the developers as well as the staff in determining the liability of submitted plans should be set down. Following further discussion, there was a motion by Councilman Britts, seconded by Councilman Leary to approve the landscape plans relative to Planning Commission Application #71025 submitted by Darrel A. Farr Development Corpora- tion. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen, seconded by Councilman Heck to approve the following licenses: Christmas Tree Sales License Newcomb Bros. Nursery, Inc. Shopper's City Northside YMCA 5601 Xerxes Ave. No. Cigarette License Metro 300 6840 Brooklyn Blvd. Food Establishment License Metro 300 6840 Brooklyn Blvd. Winemaker 1361 Brookda.le Center Ga rbage and Refuse Collection License Countrywide Sanitation Box 46, Montrose Gasoline Service Station License Metro 500 6840 Brooklyn Blvd. Mechanical Systems License Anoka Plbg. & Heating 2209 E. Main St. Fleming Sheet Metal Co. 775 Colorado Ave. S. Guntzel Plbg. & Heating 1209 W. Broadway Jerry Baer Heating & Vent. Co. 3024 - 4th Ave. S Markson Co. 5557 A Shoreline Dr. Preferred Sheet Metal, Inc. 3088 Rice St. Runyon Plbg. 5516 Industry Ave. Non- Perishable Food Vending Machine License Metro 300 6840 Brooklyn Blvd. Well Drilling License E. H. Renner & Sons 5464 Co. Rd. 18 Malenke Weil 9580 Quaker Lane Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck, and Britts. Voting against: none. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -186 RESOLUTION ESTABLISHING A FEDERAL REVENUE SHARING FUND The motion for the adoption of the forecp ing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the folioVA ng voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -c, Councilman Ausen offered comments relative to Revenue Sharing and the discussion held at the October 16 meeting wherein he had suggested that a portion of the pending revenue sharing funds be utilized to supplement the 1973 budget so that the approved tax levy could be amended and reduced with prescribed levy limitations, thus avoiding a penalty in state aids. He recalled a comment made at the meeting to the effect that since the actual amount of the Revenue Sharing fund was indefinite, any decision regarding the use of the funds should be deferred until the money was actually received. He stated that in his opinion it did not seem necessary to incur the state aid penalties since it was apparent the pending Revenue Sharing funds exceeded the amount necessary to establish the tax levy at a level not subject to penalty. He then read and proposed the adoption of the following draft resolution: WHEREAS, the City Council of the City of Brooklyn Center had determined that the revenue required from general property taxes to provide essential services in Brooklyn Center for 1973 is $1,353,452; and WHEREAS, the tax levy established by the State Tax Commissioner for the City of Brooklyn Center has a maximum tax which could be levied without incurring penalties has provided by statute plus taxes not limited by the statute was $1,334,422; and WHEREAS, the City Council of the City of Brooklyn Center voted to certify a tax levy in the amount of $1,353,452 and to accept the penalties provided by statute; and WHEREAS, the Congress of the United States has enacted legislation providing for revenue sharing by the Federal and State Governments in order to reduce the burden on property taxes; and WHEREAS, the City of Brooklyn Center's share of the first year's shared revenues is estimated to amount to $127,000, half of which will be paid on or about December 1, 1972 and half of which will be paid during the first quarter of 1973; and WHEREAS, the City Council of the City of Brooklyn Center desires to use funds available through revenue sharing, in part for the purposes underlying the legislation establishing the policy of Federal- -State revenue sharing: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby rescinds the $1,353,452 tax levy approved by Resolution No. 72 -178 for general property taxes due and payable in 1973, and authorize an amended tax levy on general property taxes due and payable in 1973 in the amount of $1,334,422; and that the City Manager be directed to certify this amended tax levy on general property to the County Auditor. Councilman Britts seconded the motion to adopt the resolution and an extensive discussion• ensued. Councilman Leary inquired whether the proposed action would create circumstances which could tend to worsen matters in light of the Tax Commissioner's current attempts to draft certain regulations regarding the tax levy limitations. The City Manager commented relative to the formal regulations being proposed by the State Tax Commissioner, and he stated that certain regula- tions which would eventually have the force of law, appeared to be in conflict with the judicial findings in the court case filed by the City of Brooklyn Center last year. Mayor Cohen stated he remained reluctant to spend money the City did not actually have and more significantly to proceed with the decisions without extensive debate. He stated that he was not convinced of the ramifications of the Revenue Sharing upon taxes and he stated that the basic question was whether this was the appropriate time to act. Councilman Ausen responded that the intent of the Revenue Sharing authors was not to have the municipality stock -pile the shared funds, but rather to utilize them in such a fashion to reduce the property tax burden. ' -7- Councilman Leary stated that another view regarding the use of the Revenue Sharing money was to ward off further increase in taxes by utilizing the funds in such a way to provide for programs which have been cut in the budgets because of their effects upon the tax levy. Mayor Cohen stated that it appeared that was the intent of the legislation in that local government would be in a better position with the Revenue Sharing funds to pursue those things which it was unable to, due to constant efforts to reduce property taxes. Councilman Heck stated that at this time he was not prepared to make a decision and that it was appropriate to wait until the money was actually available. He noted that full discussion and research should occur prior to final determination of the use of the funds. In further discussion, the City Attorney responded to several questions regarding the use of the money to reduce the adopted tax levy. He stated that if the City decided to challenge the statutes of the established regulations the use of Federal Revenue Sharing funds to reduce the tax levy might weaken City standing to seek court remedy. The City Manager stated that he did not believe there was a November 15 deadline to reduce the tax levy, and he suggested deferral of the matter until November 20, 1972 to permit detailed evaluation of the proposal and develop - ment of formal amendatory draft resolutions. Motion by Councilman Leary, seconded by Councilman Heck to table consideration of the proposed draft resolutjon regarding the use of Revenue Sharing funds for the reduction of the adopted tax levy until the November 20, 1972 meeting. Voting in favor were: Mayor Cohen, Councilmen Heck, Leary and Ausen. Not voting: Councilman Britts. Motion carried. Motion by Councilman Britts and seconded by Councilman Leary to direct the staff to draw up draft resolutions to implement the possible amendment of the adopted tax levy. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Ausen and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Ausen to adJourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Ausen and Britts. Voting against: none. Motion carried unanimously. The City Council meeting adJourned at 12 :50 A.M. Jerk Mayor -8-