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HomeMy WebLinkAbout1972 12-04 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 REGULAR SESSION DECEMBER 4, 1972 CITY HALL Call to Order The City Council met in regular session and was called to order by Mayor Cohen at 7:36 p.m. Roll Call Mayor Cohen, Councilmen Heck, Ausen and Britts. Also present were City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Chief of Police Thomas O'Hehir, and Admin- istrative Assistants Blair Tremere and Daniel Hartman. Invocation The invocation was offered by Pastor Lindquist of the Brookdaie Covenant Church. Approval of Minutes: Motion by Councilman Ausen, seconded by Councilman 10 -16 -72 Britts to approve the minutes of the October 16, 1972 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Heck, Britts and Ausen. Voting against: none. Motion carried. 11 -6 -72 Motion by Councilman Heck, seconded by Councilman Britts to approve the minutes of the November 6, 1972 meeting. Regarding the discussion on page 3 of those minutes relative to the preliminary alignment plans for County Highway No. 130, Councilman Ausen clarifier his remarks. He stated his concern was that the pro- posed right -of -way acquisition in the area east of the municipal garage and west of Humboldt Avenue would be' primarily from one developer who had a substantial in- vestment in the land rather than being shared by property owners on both sides of the roadway. The Mayor then called for a vote. Voting in favor were: mayor Cohen, Councilmen Heck, Britts and Ausen. Voting against: none. Motion carried. 11 -7- Motion by Councilman Britts, seconded by Councilman Heck to approve the minutes of the November 7, 1972 meeting. Voting in favor were: Mayor Cohen, Council- men Britts, Ausen, and Heck. Voting against: none. Motion carried. 11 -20 -72 Motion by Councilman Heck, seconded by Councilman Ausen to approve the minutes of the November 20, 1972 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried. Liquor License Renewal The City Manager explained that the liquor licenses for Holiday Inn the Holiday Inn were due to expire at the end of the year and an application had been submitted for renewal. Administrative Assistant Daniel Hartman reviewed the requirements of the renewal procedure and noted the in- formation that had been submitted by the applicant. He stated that not all the required documentation had been received by the City, although assurances had been provided that such documents were forthcoming. The City Manager commented that the licenses would not be re- issued until all documents were received by the City. 12 -4 -72 The Mayor then recognized Mr. Ned Delk, Manager of the Holiday Inn, who commented briefly as to the opera- tions of the restaurant and liquor facilities. Following further discussion and review of supporting documents, there was a motion by Councilman Britts, seconded by Councilman Heck to authorize the renewal of the on -sale liquor license and Sunday liquor license to the Holiday Inn contingent upon a submission of all necessary documentation by December 31, 1972. Voting in favor were: Mayor Cohen, Councilmen Ausen, Britts, and Heck. Voting against: none. Motion carried. Release of Development Bonds: Rauenhorst Corp. Motion by Councilman Britts, seconded by Councilman Heck to authorize the release of the Development Bond submitted by the Rauenhorst Corporation in the amount of $10,000. Voting in favor were: Mayor Cohen, Councilmen Britts, Heck, and Ausen. Voting against: none. Motion carried. Brooklyn United Motion by Councilman Ausen, seconded by Councilman Methodist Church Britts to authorize the release of the Development Bond submitted by Brooklyn United Methodist Church in the amount of $6,000. Voting in favor were: Mayor Cohen, Councilmen Ausen, Britts, and Heck. Voting against: none Motion carried. Dayton's Motion by Councilman Heck, seconded by Councilman Britts to authorize release of a Development Bond sub- mitted by Dayton's for the Brookdale Garden Store in the amount of $5,000. Voting in favor were: Mayor Cohen, Councilmen Heck, Britts, and Ausen. Voting against: none. Motion carried. Thomas- Metran Motion by Councilman Ausen, seconded by Councilman Properties Heck to authorize release of the Development Bond sub - mitted by Thomas - Metran Properties for Columbus Village Phase One in the amount of $20,000. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried. Volp Construction Motion by Councilman Britts, seconded by Councilman Heck to authorize release of a Development Bond sub - mitted by Volp Construction Company in the amount of $7,500. Voting in favor were: Mayor Cohen, Council- men Britts, Heck, and Ausen. Voting against: none. Motion carried. Sheehy Construction Motion by Councilman Ausen, seconded by Councilman Britts to authorize release of a Development Bond sub - mitted by Sheehy Construction Company for LaBelle's in the amount of $10, 000. Voting in favor were: Mayor Cohen, Councilmen Ausen, Britts and Heck. Voting against: none. Motion carried. Sheehy Construction Motion by Councilman Heck, seconded by Councilman Britts to authorize release of a Development Bond sub - mitted by Sheehy Construction Company for La Belle's addition in the amount'of $1, 000. Voting in favor were: Mayor Cohen, Councilmen Britts, Ausen, and Heck. Voting against: none. Motion carried. -2- 12 -4 -72 Rauenhorst Corp Motion by Councilman Britts, seconded by Councilman Ausen to authorize release of a Development Bond sub - mitted by Rauenhorst Corporation for the State Farm Insurance Building in the amount of $6,000. Noting in favor were: Mayor Cohen, Councilmen Britts, Ausen, and Heck. Voting against: none. Motion carried. Discussion of Costs Councilman Heck inquired about the degree of City costs Related to Administer- involved in administering the site improvement financial ing Performance Bonds guarantees submitted by developers. The City Manager responded that considerable staff time is often expended and cited various examples which entailed substantial investigation and communication with the developers and bonding companies in securing completion of required improvements. He noted also that bonding companies continually submit questionnaires for information as to the status of various projects and, collectively, these require substantial time and effort on the part of the City administration. He suggested that perhaps there should be a review of the charges for planning applications to reflect administrative costs related to site improvement guarantees. Discussion of Home- The City Manager also stated that consideration should owner Association be given to a possible charge for the review of condo- Documents Review minium homeowner association agreements by the City Costs Attorney. He stated that such review is a standard re- quirement of site and building plan approval and entails significant legal cost. Councilman Heck stated that the matter of cost recovery be a priority consideration for the new Council and Mayor Cohen noted that several other communities had recently increased their fees to reflect administrative costs. Appropriation of In other business the City Manager stated that unclaimed Unclaimed Property property consisting of a canoe recovered in the Twin Lake vicinity has been held since May 1972. He stated that efforts to ascertain ownership of the canoe have been unsuccessful and that it was, therefore, recommended that the Council authorize the appropriation of the craft for City purposes consistent with provisions of Chapter 2 of the City Ordinances. He noted that the intent was to use the craft for a water safety course at the Civic Center and that a canoe had been requested and not approved in the 1972 budget. Motion by Councilman Britts, seconded by Councilman Ausen to authorize appropriation of unclaimed property consisting of a canoe for City purposes. Voting in favor were: Mayor Cohen, Councilmen Britts, Ausen and Heck. Voting against: none. Motion carried. Draft Resolution Amend -The City Manager next presented for review a draft ing Rates and Fees to resolution amending the schedule of Public Utilities Include SAC Charge rates and fees to incorporate the SAC charge. He stated the controversial sewer availability charge advocated by the Metropolitan Council and its Sewer Board becomes effective January 1. He noted that despite the fact that the City is contesting the SAC concept in court, it is necessary that an effort be made to develop the admin- istrative machinery to collect the charge after January 1. He further noted that it was not likely that the matter would be determined in legal finality until some time after the first of the year. A discussion ensued regarding the draft resolution. Mayor Cohen stated he felt a statement should be in- -3- 12 -4 -72 cluded in the resolution to the effect that the City opposed the new charge and policy. The City Manager suggested that a second, companion resolution be considered expressing Council opposition to the policy and establishing escrowing of SAC funds until disposi- tion of the court suit. It was noted that a public hear- ing was to be held at 8:00 p.m. December 18, 1972 on the new charge. Planning Commission The City Manager next reviewed Planning Commission Applications 72045 Application Nos. 72045 and 72078 submitted by Fox and 72078 (Fox Run, Run, Inc. He explained that the former was for site and Inc.) building plan approval and the latter was for a special use permit for a Planned Residential Development in the R3 district. He stated that applications could be con- sidered together and that a single action could compre- hend the disposition of the applications. He then proceeded to review the Planning Commission minutes for November 2, 1972 and for November 28,1972 when the Commission recommended approval of the applications. The City Manager noted that while formal consideration of the applications commenced inNovembe: informal review of the applicant's proposal dated back to spring 1972 and that conceptual approval of the sub - mitted plans had been granted by the Commission in July. He further noted that since that time an ordinance vehicle had been adopted to permit a planned Residen- tial Development in the R3 district comprehending a mixture of living modes. Messrs. Tremere and Merila reviewed the site and building plans as approved by the Planning Commission and noted -among other things that a roadway which had initially been indicated as running through the project along the western boundary of the site had been elim- inated and that a meandering roadway connecting the various phases of the project was now proposed. The Director of Public Works stated that certain admin- istrative personnel of the City of Brooklyn Park had indicated an interest in the site and had stated a preference for a thoroughfare in the vicinity of the western boundary of the Fox Run project, which was also the boundary between the cities. It was noted that the Planning Commission had formed a consensus that such a throughway was not necessary from a traffic and convenience perspective, in that sufficient major arterials were available.for residents of the area. Councilman Heck and Councilman Britts noted their con - cern with the proposed park indicated on the plans lo- cated northerly of Shingle Creek, and they inquired as to how the developer proposed to provide access across the creek. Councilman Britts stated his basic concern was with safety since the area would be attractive to children and he also inquired as to how the developer proposed to maintain the area. Mr. Tremere responded that the developer had originally indicated a future roadway running through the area across the creek to intersect with Brooklyn Boulevard, but such roadway had not been considered necessary or desirable and had been eliminated. He noted that the current plans which had been approved by the Planning Commission did not indicate a creek crossing. Recess The meeting recessed at 9:25 p.m. and resumed at 10:00 P.M. -4- 12 -4 -72 The Mayor recognized Messrs. Walsh, Bruflod, Wiley and Bell, who represented the developer. Mr. Bruflod amplified the remarks of Mr. Tremere and Mr. Meriia and commented specifically as to a bridge crossing to the park area. He stated that a foot bridge would be provided and had been inadvertently omitted from the revised site plan. Mayor Cohen inquired as to whether such a crossing would be provided in phase Cne, and the response was in the affirmative. Mr. Bruflod continued to discuss the plans and showed renderings and slides of the proposed site and buildings. The Council proceeded to review the site and building plans submitted and an extensive discussion ensued. Public Hearing on Mayor Cohen noted that neighboring property owners Fox Run had been notified and he opened the meeting for public Special Use Permit discussion. He recognized Mr. Harold Hackleman of 7019 Regent Avenue North, who stated that his main concern with the project was the ramifications of the drainage and storm sewer system provided for the project Mayor Cohen noted that no other property owners were present. The City Manager stated that approval of the applica- tion would be interpreted as an authorization to send a communication to the City of Brooklyn Park noting the effect of the Council's decision on the thoroughfare roadway desired by that city. Councilman Britts inquired as to the ramifications should Brooklyn Park disallow access onto 73rd Avenue from the proposed project. The City Manager stated that the legality of such an attempt was dubious. The Director of Public Works responded that there was flexibility in determining the location and design of an access point onto 73rd and it appeared that Brooklyn Park would be amenable to working out a solution. Fox Run Approval Following urther discussion there was a motion b 9 Y and Conditions Councilman Heck, seconded by Councilman Britts to approve Planning Commission Application Nos. 72045/ 72078 subject to the following conditions: 1. Drainage, grading and utility plans are subject to approval by the City Engineer prior to the issuance of building permits. 2. Building plans are subject to the approval of the Building Inspector with respect to appli- cable Building Codes prior to the issuance of building permits. 3. A performance agreement and performance bond in an amount to be determined by the City Manager shall be submitted to the City to guarantee the installation of the site Improve- ments as shown on all plans approved by the city. 4. All required easements shall be documented and filed with the City prior to the issuance of building permits. -5- 12 -4 -72 • r. �:�i4ali:a aka ve� Jt dt.. S;L W delineation of Pli4 C e Cie shall is subriil tad prior to the issuance of building permits. 6. Subsequent phases shall constitute amend- ments to the special use permit and shall be subject to review by the Planning Commission and City Council. 7. A hydraulic plan of the waterway shall be submitted and approved by the City Engineer prior to the commencement of subsequent phases. 8. All internal roadways shall be 26 feet wide and shall be constructed utilizing B612 type curbing. 9. All roadways, utilities, and street lighting shall conform to City standards for public facilities. 10. The ownership, management, and maintenance of all outside common areas and common facil- ities, including roadways, utilities and street lighting, shall be under the jurisdiction of one homeowners' association. 11. Homeowners' association agreements and bylaws shall be submitted to the City; shall be subject to review and approval by the City Attorney prior to the issuance of building permits; and, shall include: a. Provisions for the City to provide maintenance and revitalization of roadways, utilities, and other common use facilities in the event the City Council deems such main- tenance and revitalization necessary, with the cost of such expenses that might be incurred to be assessed to the property owners; b. Provision for water and sewer main and fire hydrant maintenance and inspection agreements pursuant to Section 35 -410 (5) of the Ordinances; 12. In accordance with the approved landscape plan, the appropriate number of 6 " diameter trees shall be installed in Phase One as stipulated by City Ordinance relative to the number of units constructed in that phase. 13. The waterway indicated on the approved plans shall be appropriately designed and maintained as an amenity to the site, with water free standing at all times as climatic conditions permit. 14. Approval is subject to all provisions and conditions of the special use permit for Planned Residential Developments in the R3 district. -6- 12 -4 -72 15. All roof top mechanical equipment shall be appropriately screened. 16. Concrete delineators as approved by the City Engineer shall be installed on the upper level parking ramps of the condominium apartment buildings. 17. A bridge providing access across Shingle Creek to the area designated as park shall be indicated on the final plans with the design subject to approval of the City Engineer and Building Inspector. 18. The specific design of an access onto 73rd Avenue North shall be subject to consulta- tion with the Brooklyn Center City Engineer and possible negotiation with the City of Brooklyn Park. Voting in favor were: Mayor Cohen, Councilmen Heck, Britts and Ausen. Voting against: none. Motion carried. Draft Ordinance Amend- The next item of business was consideration of a draft ing Chapter 5 (Fire ordinance amending Chapter 5 to expand the fire pre - Prevention) Requiring vention provisions in the residential districts. The Sprinkler System in City Manager briefly commented relative to a dis- Residential Structures cussion recently held with HUD officials in Madison, Exceeding Three Stories Wisconsin regarding a fire sprinkler system in high - rise residential buildings such as that proposed for construction in Brooklyn Center. He referred to his memorandum of December 4, 1972 and noted that the City policy of emphasizing fire pr evention rather than the traditional fire suppression was aimed at saving lives of building occupants and firemen while reducing the costs of fire protection to society, which are traditionally reflected by disproportionately high investments in manpower and equipment. He further stated that at the time Brooklyn Center's fire sprinkler requirements were established there was only minor attention devoted to residential occupancies. He noted, however, it seemed that the era of high -rise building had arrived in Brooklyn Center and it was, therefore, recommended that the residential high -rises possess fire prevention facilities which exceed the inadequate traditional norm. An extensive discussion ensued following a review of the draft ordinance. Councilman Britts stated that he generally agreed with the principles set forth in the memorandum, as well as the recommendation for adop- tion of the draft ordinance, but he stated that relative to equipment the City should strive to provide adequate and effective equipment as well as requiring sprinkling systems. Councilman Ausen inquired as to the possi- bility for granting variances from the requirement, and the City Manager commented that a variance procedure was incorporated in the ordinance chapter. First Reading of Following further discussion, Councilman Britts moved Draft Ordinance and Councilman Heck seconded the first reading of an Amending Chapter 5 ordinance amending Chapter 5 of the City Ordinances expanding fire prevention provisions in residential districts. - 7- 12 -4 -72 Voting in favor were: Mayor Cohen, Councilmen Ausen, Britts and Heck. Voting ar. inst: none. Motion carried. Discussion of Policy In other business the City Manager stated that certain on Businesses in . business operations were being conducted in residential Residential Districts districts of the City and these were being brought to the staff's attention with increasing frequency. He reviewed the established policy of not permitting business or commercial uses in the residential zones, with the exception of those comprehended by the home occupation and special home occupation ordinance; provisions. He then noted several specific instances which had recently come to the City's attention and he inquired whether there was any inclination to relax the concept of pro - tecting residential integrity. An extensive discussion ensued and Councilman Heck stated he was in favor of the long established concept suggesting that discretion be exercised in relation to the degree of visible activity created. Councilman Britts suggested the possibility of a joint meeting with the Planning Commission in an effort to analyze the matter of commercial activities in residential neighbor- hoods. The Mayor then recognized Mr. Blaine Fluth, who commented regarding the virtue of small businesses in the United States and stated the community should attempt to develop policies to encourage small businesses. Following further discussion the consensus developed that existing laws regarding prohibition of business activities in residential districts should be enforced. RESOLUTION , Member Howard Heck introduced' ths'follbwing resolution NO. 72 -192 and moved its adoption: RESOLUTION AMENDING THE CITY OF BROOKLYN CENTER CENTER'S COMPREHENSIVE SANITARY SEWER PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolution NO. 72 -193 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -8- 12 -4 -72 RESOLUTION Member Vernon Ausen introduced the following resolu- NO.. 72 -194 tion and moved its adoption: RESOLUTION ACCEPTING VVORK (CONTRACTED BY CITY) 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, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Howard Heck introduced the following resolu- NO. 72 -195 tion and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Vernon Ausen introduced the following resoiu- NO. 72 -196 tion and moved its adoption: RESOLUTION DECLINING PARTICIPATION IN JOINT WATER TREATMENT FACILITIES 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, Vernon Ausen, Howard Heck, and Maurice Britts, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Pending Draft The City Manager introduced a draft resolution and Resolution Relating explained that the proposal had been introduced at the to Amending Tax Levy November 6, 1972 meeting with the intention of re- ducing the 1973 property tax levy in the amount by which that levy exceeded the levy limitations. He noted the proposal further comprehended that the amount of the reduction be replaced in the 1973 budget by Revenue Sharing funds. Mayor Cohen commented as to the ongoing deliberations by the City with certain state officials and the City Manager recommended further deferral of the action. Councilman Ausen stated that as a matter of principle the Council should reduce the levy at this time. However, following further discussion there was a motion by Councilman Ausen, seconded by Councilman Heck to table the proposal until the December 18 meeting. Voting in favor were: Mayor Cohen, Council- men Ausen, Heck and Britts. Voting against: none. Motion carried. -9- 12 -4-72 Approval of Motion by Councilman Heck, seconded by Councilman Licenses Ausen to approve the following licenses: CIGARETTE LICEN Bill's Vending (3. C. Shell) .62245 Brooklyn-Blvd. Bill's Vending (B.C. Union 7 6) 6840 Humboldt Ave. No. Bill's Vending (Brookdale DX) 6501 Humboldt Ave. No. Duoos Bros. American Legion 4307 - 70th Ave. No. Eagle Ind., Inc. (Poppin Fresh) 5601 Xerxes Ave. No. GASOLINE SE RVICE STATION LICENSE Bill West's Service Center 2000 - 57th Ave. No. ITINERANT FOOD ESTABLISHMENT LICENSE North Star's 4 -H Club 6331 Kyle Ave. No. (Holiday Bazaar) Voting in favor were: Mayor Cohen, Councilmen Heck, Ausen and Britts. Voting against: none. Motion carried. Adjournment Motion by Councilman Britts, seconded by Councilman Heck to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Heck and Ausen. Voting against: none. Motion carried. The City Council meeting adjourned at 12 :31 a.m. Mayor lerk -10- 12 -4 -72