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HomeMy WebLinkAbout1971 05-03 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 May 3, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :36 P.M. Roll Call: Mayor Philip Cohen, Councilmen Theodore Willard, John Leary, Vernon Ausen and Howard Heck. Also present were: City Manager Donald Poss, Director of Finance Paul Holmiund, Director of Public Works James Merila, City Attorney Richard Schieffer, Administrative Assistant Blair Tremere, Police Chief Thomas O'Hehir and Administrative Assistant Thomas Loucks. Pastor Merle Christensen of Brooklyn Center Evangelical Free Church offered the invocation. Motion was made by Councilman Ausen and seconded by Councilman Leary to approve the minutes of April 19, 1971 as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Willard, and Heck. Voting against were: none. Motion carried unanimously. The first item of business related to a proposal submitted by the Capital Projects Housewarming Events Committee. Messrs. Bob Harvey, Leon Binger, Perry Nordquist, Dale Magnuson, Tony Kuefler, Ernee McArthur and Ed Theisen gave brief presentations related to a proposal for a two week dedication and housewarming program for the various Capital Projects. Following a brief discussion by the Council members a motion was made by Councilman Willard and seconded by Councilman Heck to approve the program, events, and funding proposals for the dedication of the Civic Center as submitted by the Capital Projects Housewarming Events Committee. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Willard and Heck. Voting against were: none. Motion carried unanimously. Mayor Cohen turned over the gavel to Mayor Pro -tem Heck and left the table at 8:10 P.M. The next item of business was Planning Commission Application No. 70066 submitted by Village Builders requesting rezoning of a property located in the vicinity of 53rd and Russell Avenues North from R -1 to R -4. The City Manager reviewed the item and noted a draft resolution submitted in response to the City Council directive of April 26, 1971. Mayor Cohen returned to the table at 8 :15 P.M. and the gavel was passed to same by Mayor Pro -tem Heck. Mayor Cohen directed the Deputy City Clerk to read the draft resolution and enter it into the record of the proceedings. Councilman Heck commented that he wanted to make sure that the arguments being used in the resolution are unique to the property in question and suggested that another paragraph be added to the resolution stating the following: WHEREAS, the subject parcel is designated R -1 and is isolated from other R -1 parcels by virtue of existing R -2 zoning on the east and public open space to the north, south, and west of the parcel. Following further brief discussion, Councilman Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -90 RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO. 70066 REGARDING REZONING A PARCEL LOCATED ON THE WEST SIDE OF RUSSELL AVENUE NORTH AT 53rd AVENUE NORTH FROM R -1 TO R -4 -1- 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, Howard Heck and Theodore Willard; and the following voted against the same: Vernon Ausen, whereupon said resolution was declared duly passed and adopted. The City Council next considered the related matter of Planning Commission Application No. 70067 requesting site and building plan approval for thirty -six R -4 apartment units, including one density credit for 1.06 acres along Shingle Creek to be dedicated to the City for open space purposes. A discussion ensued regarding the elements of the plan proposal with special concern for screening the parking lot. Upon completing the review and discussion of the site and building plans a motion was made by Councilman Willard and seconded by Councilman Leary to approve Planning Commission Application No. 70067 subject to the following con - ditions: (1) That the parking areas be screened by a dense hedge along the north and south property lines subject to approval by the Administrative Staff; (2) That the building facia consist of a tudor utilizing brick, stucco and redwood materials; (3) That the trash bins as designated on the site plan be screened in a manner approved by the Administrative Staff; (4) That the driveway access on a north side of the development be designated by sign and pavement legend as entrance only; (5) That the south driveway be designated by sign and pavement legend as exit only; (6) That one density credit be granted on the basis that: (a) the proposed open space dedication is needed to extend the Shingle Creek greenstrip concept; (b) the property owner has stated a willingness to convey 1.06 acres for said open space purpose; (c) the physical relationship between the proposed R -4 buildings and the proposed open space areas and the physical relationship among the proposed R -4 buildings themselves will afford to the occupants thereof a reasonable measure of visual relief from the mass and bulk of the buildings within the development; (d) the physical relationship between the proposed buildings and the proposed open space combined with immediate proximity of Lions Park will afford to the occupants thereof a recreational open space area. (7) The plans are subject to the approval of the Building Inspector with respect to applicable building codes; (8) Utility drainage and elevation plans are subject to the approval of the City Engineer prior to issuance of a building permit; (9) A performance bond and a performance agreement (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvement as designated on the plans submitted. _2 - V W Heck. Voting in favor were; Mayor Cohen, Councilmen Leary, Willard and a Voting against: Councilman Ausen. Motion carried. Mayor Cohen then recognized Planning Commission Chairman Robert Jensen. Mr. Jensen commented that since the Planning Commission had recommended denial of the rezoning application No. 70066, the Commission had automatically denied the related site and building plans and had not given the usually careful consider- ation to such plans as would have been the case if the plans were recommended for approval. He suggested that in the event the City Council reverses a Planning Commission recommendation regarding a zoning matter that the site and building plans might be referred back to the Planning Commission for reconsidera- tion. The City Manager concurred with Mr. Jensen's suggestion and further recommended that the previously approved site and building plans related to Application No. 70067 be reconsidered and referred back to the Planning Commission. He stated that the quality and clarity of the plans left a great deal to be desired. A brief discussion ensued after which a motion was made by Councilman Willard and seconded by Councilman Leary to reconsider Planning Commission Application No. 70067. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Ausen and Willard. Voting against the same were: none. Motion carried unanimously. A motion was made by Councilman Willard and seconded by Councilman Heck to refer Planning Commission Application No. 70067 back to the Planning Commission for review and recommendation. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Ausen and Willard. Voting against were: none. Motion carried unanimously. Planning Commission Chairman Jensen next referred to his proposal for a joint City Council /Planning Commission Meeting to discuss: 1. A Freeway Development Zone Ordinance; 2. The Planning Commission's considerations of the South West Neighborhood Study submitted by Midwest Planning, Inc. ; 3. The concept of a neighborhood walk -in convenience facilities in residential areas. It was the concensus of theCity Council to conduct such a joint meeting at 7:30 P.M. on Thursday, May 13, 1971. The City Council recessed at 9:20 P.M. The City Council reconvened at 9 :40 P.M. The City Manager referred to a resolution intended as a measure of assurance to the property owners at Brookdale Ford that their conveyance of necessary street easements on County Road 10 and a resulting two -foot infringe - ment required on the green strip along County Road 10 would not work to the property owner's detriment in future years. Following a brief discussion, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -91 RESOLUTION REGARDING A GREEN STRIP ENCROACHMENT AT BROOKDALE FORD CAUSED BY THE WIDENING OF COUNTY ROAD 10 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, 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. -3- Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -92 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1971 -10 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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. Motion by Councilman Heck and seconded by Councilman Ausen to approve the following licenses: Class "A" Motor Vehicle Dealers License: Velie Oldsmobile 6700 Brooklyn Boulevard Class "B" Motor Vehicle Dealers License: Sear Roebuck & Co. 1297 Brookdale Center Non - Perishable Food Vendinq Machine License B.C. Employees Assoc. 7100 Brooklyn Boulevard R.E. Fritz , Inc. 8039 Lewis Road Gas Piping_ License: Advanced Heating & Air Cond. 7 805 Beech St . N . E . Conditioning Air Equipment Co. 3010 Clinton Avenue So. Mill City Heating & Air Cond. 13005B - 16th Ave. No. Superior Furnace Co. 6121 - 42nd Ave. No. Heating & Air Conditioning Systems License: Advanced Heating & Air Cond. 7805 Beech St. N . E Berghorst Plumbing & Heating 10732 Hanson Blvd. Conditioned Air Equipment Co. 3010 Clinton Ave. So. Hoglund Mechanical Contr. 7420 W. Lake St. J. McClure Kelly Co. 2601 Stevens Ave. So. Mill City Heating & Air Cond. 13005E - 16th Ave. No. Richmond & Sons 2810 Major Ave. No. Geo . Sedgwick Heating 1001 Xenia Ave . So. Superior Furnace 6121 - 42nd Ave. No. Sign Hander's License: Gold Medal Beverage 553 No. FairviewAve. LeRoy Signs, Inc. 3101 No. Second St. Naegele Outdoor Adv. 1700 W. 78th St. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against were: none. Motion carried unanimously. The City Manager reported that the Hennepin County Assessor had tenta- tively designated a date far the annual Board of Review Meeting for the purpose of reviewing and answering questions related to 1971 property tax valuations upon which taxes will be levied for payment in 1972. A motion was made by Council- man Leary and seconded by Councilman Heck to establish the annual Board of Review Meeting for 7 :30 P.M., July 12, 1971 at 6301 Shingle Creek Parkway. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Upon a recommendation by the City Manager, a motion was made by Councilman Willard and seconded by Councilman Heck to authorize the Fire Department to conduct a drill consisting of burning a vacant house in the 6300 block of Fremont Avenue North. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. -4- The City Manager next recommended that the Cound 1 cancel the contract with Metropolitan Office Equipment Co. in the amount of $6,678 for 412 Knoll stacking chairs because the supplier is on strike for an indefinite period and would be unable to deliver the chairs to the new Civic Center by its opening date. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -93 RESOLUTION REGARDING CHAIRS FOR CIVIC CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard 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. The City Manager next recommended that the Council accept quotations for 412 Steelcase stacking chairs to be utilized in the Civic Center. Following a brief discussion, member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -94 RESOLUTION ACCEPTING QUOTATIONS FOR CIVIC CENTER CHAIRS 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 John Leary, Vernon Ausen, Howard Heck and Theodore Willard, and the following voted against the sane: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -95 RESOLUTION OPPOSING THE ADOPTION OF SENATE FILE 2020 VESTING THE STATE BOARD OF HEALTH WITH EXCLUSIVE JURISDICTION OVER NURSING HOMES 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, whereupon said resolution was declared duly passed and adopted. Mayor Cohen suggested the Council consider an expression to Northern States Power Company requesting an examination of the recently announced rate increase. A discussion ensued after which member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -96 RESOLUTION RELATING TO NORTHERN STATES POWER COMPANY ELECTRIC RATE INCREASE The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, 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 Toeodore Willard introduced the following resolution and moved its adoption: -5- RESOLUTION NO. 71 -97 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVEMENT PROJECT NO. 1971 -10 AND DIRECTING ADVERTISEMENT FOR BIDS {CONTRACT 1971 -B} The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon a vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Theodore Willard and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The next item of business was the discussion of walkway network priorities. The City Engineer summarized a report submitted to the Council which indicated the previous priorities established by the Council and recommended additional priorities. A discussion ensued regarding various priority groupings, related financing capabilities, and the philisophy of whether or not to develop a walkway assess- ment policy. It was the concensus of the City Council that the walkway network be financed to the extent possible with state aid funds and with unappropriate state aid accumulations and that no special assessment policy be developed at this time. Upon completion of the discussion a motion was made by Councilman Willard and seconded by Councilman Heck to accept and adopt the walkway priorities schedule contained in the Director of Public Works report dated April 30, 1971, to direct the preparation of a refined schedule_ and financing plan for priorities numbered 1 through 51 as identified in the Public works Directors report, and to direct preparation of plans and specifications for priority projects 1, 2 and 3 as designated in the subject report. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against were: none. Motion carried. The City Manager reminded the Council that those routes designed priority numbers 16 and 17 in the report had on April 5, 1971 been suspended from con- struction in conjunction with improvement projects 1971 -7 and 1971 -9 until the City Council completed its review and establishment of walkway priorities. He stated that a cost savings of approximately one dollar per lineal foot could be realized by constructing the sidewalk in conjunction with improvement projects No. 1971 -7 and 9 and recommended that the Council so authorize. After a brief discussion a motion was made by Councilman Willard and seconded by Councilman Heck to release the suspension order and authorize priority number 16 and 17 to be constructed in conjunction with improvement project No. 1971 -7 and 9. Those voting in favor thereof were: Mayor Cohen, Councilmen Willard, Leary and Heck. Voting against were Councilman Ausen. Motion carried, _.. The City Council next turned to a discussion of Civic Center policies, It was the consensus determination of the Council to not develop any special policy relative to membership guest privileges, but rather, guests of Community Canter members would pay the single admission rates. Further discussion ensued relative -to the City Managers recommendation to permit non - resident Brooklyn Center employees to purchase resident memberships to the Community Center. A motion was made by Councilman Leary and seconded by Councilman Heck that non - resident Brooklyn Center employees be permitted to purchase resident memberships to the Community Center, said membership being limited for use by the employee, his or her spouse, and his or her children living in the family domicile. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen; and the following voted against the same: none, whereupon said motion was declared duly passed and adopted. Motion carried unanimously. -6- A motion was made by Councilman Leary and seconded by Councilman Heck to adjourn the City Council meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. "Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 12 :08 A.M. Clerk Mayor -7-