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HomeMy WebLinkAbout1971 03-15 CCM Special Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota March 15, 1971 The City Council met in special session and was called to order by Mayor Philip Cohen at 7:35 P. M. Roll Call: Mayor Philip Cohen, Councilmen John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Also present were: Donald Poss, Paul Holmlund, James Merila, Richard Schieffer and,Tom Loucks. Motion by Councilman Leary and seconded by Councilman Ausen to approve the minutes of the March 1, 1971 meeting as submitted. Voting In favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously, Motion by Councilman Ausen and seconded by Councilman Heck to approve the minutes of the March 8, 1971 meeting as submitted. Following the second Councilman Ausen noted for the record that the minutes of March 8, 1971 did not reflect his reservation in regard to including sidewalk provisions in the street projects established on that date since the Council had not yet adopted a priority schedule or an assessment policy for sidewalks. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against were: none, ` (Councilman Willard abstained because he was not in attendance at the March 8, 1971 Council meeting). Motion carried, The next item of business consisted of a resolution approving a tentative compensation agreement with the Brooklyn Center Police Association, The City manager reviewed the item and commented that he and the negotiating committee of the Police Association had arrived at the tentative compensation agreement on March 3, 1971 and that agreement was ratified by the Association on March 9, 1971. He then proceeded to review the provisions consisting of salary classification schedule, clothing allowance, and salary continuation plan related to on- the -job injuries. A discussion ensued during which clarifications were provided. Member John Leary introduced the following resolution and moved its adoption:: RESOLUTION NO. 71 -52 RESOLUTION APPROVING AGREEMENT WITH BROOKLYN CENTER POLICE ASSOCIATION AND SETTING 1971 POLICE SALARIES The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon. vote being taken thereon. the following voted in favor thereof: Philip Cohen,. John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted.. The City Manager announced that the Director. of Puble Works had concluded _negotiations with the Minnesota Highway Department for the use of a 2 acre parcel of T. H., Highway 100 right -of -way located at the south- eastern tip of Lower Twin Lake. He indicated that the City has received a proposed agreement from the state in regard to utilization of the: parcel for park and recreation purposes. Following a brief discussion a motion was made by Councilman Heck and seconded by Councilman Leayto authorize the Mayor_ and City Manager to enter into the. proposed limited use permit agreement with the State of Minnesota Department of Highways. Voting in favor were: Mayor: Cohen Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously,_ -1-- The next Item of business consisted of a Fire Department Relief Association request for approval of a $26,000 investment of Fruehauf Finance Corp. notes at an interest rate of 7.5 %. The City Manager noted that the Investment is consistent with provisions of the state law and recommended approval. Motion by Councilman Willard and seconded by Councilman Heck to approve the investment by the Fire Department Relief Association. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none, Motion carried unanimously, The City Manager noted that Planning Commission Application No. 70045 submitted by Standard Solvents, Inc. has been withdrawn at the request of the applicant, Motion by Councilman Leary and seconded by Councilman Willard to acknowledge the withdrawal of Application No. 70045 by the applicant, Voting in favor were: Mayor Cohen, Councilmen Leary,, Ausen, Heck and Willard. Voting against were: None. Motion carried unanimously. The City Manager reviewed Application No. 70019 (amended) submitted by Brooklyn Center Industrial Park for Holiday inn requesting site and building plan approval fo a 159 -unit motel complex to be located at the southwest quadrant of Humboldt and 65th Avenues North. He stated that the Planning Commission had recommended approval of the application on March 4, 1971, Following a general discussion and review of the plan details a motion was made by Councilman Heck and seconded by Councilman Leary to approve Application No, 70019 (amended) subject to the following conditions: 1. That the exterior facia consist of brick and aluminum as indicated by the applicant; 2. That building plans are subject to the approval of the' Building inspector with respect to applicable building codes, 3. Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 4. A performance bond and performance agreement (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. The City Manager reviewed Planning Commission Application No, 71003 requesting site and building plan approval for a three screen, 1586 -seat theater to be located on Tract B john Martin Drive and County Road 10. He stated that the Planning Commission has reviewed this application on March 4, 1971 and had recommended approval. A discussion ensued in which Councilman Willard indicated that the exterior lighting plan, as submitted, was unclear and suggested that the Council should withhold approval of that portion of the plan. Mayor Cohen noted that the plan did not appear to provide accommodations for wheelchair and non - ambulatory individuals. The Mayor asked the applicant, Mr. Krogness, if they had intended to provide ramps to facilitate those types of situations. Mr. Krogness responded that they would provide ramp access for wheelchair individuals. Councilman Ausen commented that he feels uneasy about the traffic problems that could be created locating such a high use activity in this particular .location, Mr, Krogness commented that the nature of the theater business Is such that it demands maximum exposure, which is obtained in this location, �2- Following a brief discussion a motion was made by Councilman Willard and seconded by Councilman Heck to approve Application No, 71003 subject to the following conditions: 1 The building permits are subject to the approval of the Building Inspector with respect to applicable building codes; 2. Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 3. A performance bond and performance agreement (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted; 4. That bituminous curbing be allowed commencing at the northeast property corner and extending east 250 ft. along the north property line to provide possible joint parking for future development of the adjacent property to the north. It was further noted that the curbing should be replaced with concrete curbing within a three year period; S. That the curb out be widened to 30 ft. in lieu of the 24 ft. as shown on the plans; 6. That the area noted as greenstrip should contain a 4 ft. to 5 ft. berm to break up the large areas of parking on the plan; 7, That provisions be made to observe the State laws relating to access for physically handicapped persons; 8 That the applicant submit a detailed exterior lighting plan to be approved by the City Council, Voting in favor were; Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion canned unanimously, The City Manager reviewed Planning Commission Application No, 71005 submitted by Brooklyn Center Industrial Park requesting site and building plan approval for a 35, 000 sq. ft, commercial building to be located at the northeast corner of John Martin Drive and proposed Commerce Avenue.. He indicated that the Planning Commission had reviewed the application ort March 4, 1971 and had recommended approval. Following a general discussion and a review of the plan details a motion was made by Councilman Leary and seconded by Councilman Heck to approve Application No. 71005 subject to the following conditions: 1. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 2. Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 3. A performance bond and performance agreement (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as indicated on the plans submitted; 4. That the applicant submit a detailed exterior lighting plan to be approved by the City Council. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously, -3- The City Manager next reviewed Planning Commission Application No. 71004 submitted by Benz Construction Company requesting site and building plan approval for a two -story office building to be located at the intersection of Brooklyn Blvd, and County Road 10. He noted that the Planning Commission had reviewed the application on March 4, 1971 and had recommended approval. Following a brief discussion a motion was made by Councilman Ausen and seconded by Councilman Leary to - approve Application No. 71004 subject to the following conditions: 1. The building permits are subject to the approval of the Building Inspector with respect to applicable building codes; 2. Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 3. A performance bond and performance agreement (fn an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, fleck and Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 9:15 P.M. and resumed at 9 :30 P.M. Following the recess Mayor Cohen noted that a recent news item has indicated developer plans to develop Durnam island into a luxury apartment complex with a golf course and boat marina. He expressed concern that any development on Durnam Island would desecrate the natural habitat that now exists in the area and he was hopeful that the Council would go on record as being opposed to any development in that area. Councilman Heck indicated that he had attended an informal meeting with residents of that area over the weekend. He stated that they were very concerned with the proposal for development of the island. He indicated that he had brought them up to date in regard to a Council action in November, 1.970 which was submitted to the City of Brooklyn Park indicating opposition to the annexation of the island from Brooklyn Park to Fridley. The City Manager stated that he had been in contact with the acting City Manager of Brooklyn Park who indicated that they were opposed to the development of the island and that they would probably resist any attempts to have the island annexed to Fridley. He further stated that he had talked to Mr. Gene Hollenstein of the State Natural Resources Department and that Mr. Hollenstein had opposed any such development of the island. A discussion ensued and it was the consensus of the Council to refer the matter to the Conservation Commission and to direct the City Manager to report back to the Council any information relative to the proposed develop- ment of said island. The City Manager commented that property insurance proposals had been received for the Municipal Service Garage and East Side Fire Station. It was recommended that the best proposal was received from William Hannay, agent for Employers Mutual Casualty Company. Motion by Councilman Leary and seconded by Councilman Ausen to award the property insurance contract for the Municipal Service Garage and East Side Fire Station to the Employers Mutual Casualty Company. Voting in favor were: Mayor Cohen, .Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: -4- RESOLUTION NO. 71 -53 RESOL ION ACCEZMG 2==R§ FOR QAC AB S The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon., the following voted in favor thereof Philip Cohen, John Leary, Vernon Ausen, Howaaid Hook and TheodOM Vuillard; and the following voted against the same, none, "- whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -54 RESOLUTION REQUESTING THE ESTABLLSHMENT OF AN ADEQUATE N1) FAIR _NATIONAL REVENUE SHARING §ZTEM The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof.- Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member ' John Leary introduced the following resolution and moved its adoption. RESOLUTION NO. 7155 RESOLUTION SUPPORTING. THE ADOPTION OF HOUSE FILE I[O 246 PROVIDING FOR UM REQISTRATION OF g&WAMNS The motion for the adoption of the foregoing resolution was duly seed by member Vernon Ausen,, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same, none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen indicated some of the progress that the Dedication Committee has been making and briefly summarized that they had held six meetings to date and that their preliminary proposal was to have a dedication Program running from June 27, to July 11, 1971. He noted that the committee would be prepared to make a proposal to the Council by late April. A discussion ensued regarding Community Center operating policies' and the extent to which the Council would engage in establishing such operational policies. It was the consensus that Council policy guidelines would be developed relating to those operating elements which have a stantive budgetary effect and /or which are deemed substantively sensitive in terms of general citizen reaction, The City Manager stated he would develop and submit a recommendation for user fees and would generally describe Proposed general operating procedures at the Njar ch 29th meeting. The next item of business was a discussion of the walkway network report. The City Manager reviewed events of previous meetings In regard to the walkway network and a discussion ensued. It was the consensus of the Count,]. that the following sequential priorities be established: a. Brooklyn Blvd. commencing at the north City Limits south to T.H. 100 interchange. It was noted 'by the City Manager that Brooklyn Blvd. south of T.H. 100 to the south Catty Limits would be constructed under separate contract by the Minnesota Highway Department. b County Road 10 from the west City Limits to Logan Avenue. c. 63rd Avenue North from the west City Limits to Xerxes avenue,. d, Xerxes Avenue from 55th Avenue North to FAI -94 bridge. e, Dupont Avenue from 57th Avenue to 65th Avenue. f. 69th Avenue north from the west City Limits to West Palmer Lake, {Interim -type walkway for one side only) 90 55th Avenue North from Xerxes to Brooklyn Blvd. h. 56th Avenue North from Xerxes to Brooklyn Blvd. i, Northway Drive east of Xerxes avenue to County Road 10. J. N. S. P. right -of -way from Logan to Camden Avenue, k. South side of 57th Avenue North from Logan to Camden Avenue. 1, Shingle Creek Pkwy, from County Road 10 to the City Hall M, Xerxes Avenue from FAI-94 to Shingle Creek Pkwy, n, Shingle Creek Pkwy. from Xerxes Avenue to 69th Avenue North, o, 65th Avenue North from Dupont to Lyndale. It was noted during review of the priorities that 65th Avenue from Humboldt to Shingle Creek Pkwy. and Shingle Creek Pkwy. from 65th to 67th Avenue North should be given consideration; although there is not a pedestrian need at this time, they could be constructed in conjunction with roadway construction in 1971 at a considerable cost saving. The City Manager elaborated and indicated that savings would be approximately one dollar per lineal foot if constructed in conjunction with roadway work as opposed to placing the sidewalks after roadway construction had been completed, it was further commented that 65th from Dupont to Humboldt and Humboldt from 65th to 67th should be given consideration in scheduling roadway construction. It was the consensus of the Council that John Martin Drive Summit Drive, Earle Brown ve and No be eliminated Dri n rthway Drive west of Xerxes Avenue should from the list of priorities for sidewalk construction, Councilman Willard left the table at 11:40 P. M. Councilman Leary left the table at 11:45 P. M. Motion by Councilman Ausen and seconded by Councilman Heck to adjourn the Council meeting. Voting in favor were; Mayor Cohen, Councilmen Heck and Ausen. Voting against were; none. Motion carried unanimously, ncil meeting adjourned a P. M. C erk Mayor -6-