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HomeMy WebLinkAbout1971 07-12 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 Minne sM , July 12, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 8:20 P. M. Roll Call: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Cthers present were: City Manager Donald Poss, Director of Public Works James Meri.la, Director of Finance Paul Holmlund, Administrative Assistants Tom Loucks and Blair Tremere. Motion by Councilman Willard and seconded by Councilman Leary to approve the minutes of the June 14, 1971 Council meeting as corrected. 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 June 28, 1971 Council meeting as corrected.. ..Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were:, none. Motion carried unanimously. Mayor Cohen presented Councilman Willard "with a Certificate of Recognition for Councilman and Mrs. VV'illard's activit es during the develop- ment and dedication of the new Civic Center. Councilman Willard had been unable to attend an earlier recognit':.n dinner. The City Engineer next explained and recommended the approval of two resolutions accepting work which had been contracted by the City. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -128 RESOLUTION ACCEPTING WORM &ONTRACTED BY GITYI 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 Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -129 RESO LUTION ACCEPTING WORD (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, 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 reviewed a resolution approving Planning Commission Application No. 70412 submitted by Viewcon, Inc. He explained that on June 14, 1971 the City Council had directed that the staff prepare a draft resolution approving this application relative to a townhouse project in the vicinity of County Road 10 and Major Avenue North. rlr There then ensued a discussion concerning the. Homeowner's agreement and the nature of the berming which would be done by the contractor, Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -130 RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO. 70012 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, 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -131 RESOLUTION AUTHORISING THE ISSUANCE OF TEMPORARY IMPROVE ME NT NOTES 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 deck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager recommended that the Council authorize the release of the bond posted by Brooklyn Center State Bank in the amount of $1500 to guarantee certain site improvements, After a brief discussion a motion was made by Councilman Leary and seconded by Councilman Willard to authorize the release of the site improvement bond posted by Brooklyn Center State Bank in the amount of $1500. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Willard to approve the following licenses: Food Establishment License Peterson`s Eat Shop 3701 - 50th Ave. No, Russell E, Rekow, Jr, 5742 Morgan Ave, No, Garbage and Refuse Hauling License Blueboy Service 1919 Sheridan Ave. No. Dick's Lawn Service 4412 - 65th Ave. No. Dion- Intoxicatinc�„ Malt Liquor "Off -Sale" License Clarence Maran - Super America 1901 - 57th Ave. No, Voting in favor were: Mayor Cohen, Councilmen Leary,, Ausen, Heck and Willard, Voting against were: none, Motion carried unanimously. (The City Attorney arrived at S :40 P. 1V:. ) The City Manager next discussed a report submitted to him by the Director of Public Works concerning emergency measures which had been taken for the repair of a storm sewer outfall at 65th Avenue and Mississippi River. He stated that heavy rains on July 7, 1971 had caused the storm sewer outfall to run full for a period of time and that the tremendous discharge of the storm sewer line caused erosion of the outfall structure. Consequently, one of the steel sheeting walls gave way and caused a severe displacement of the existing -2- storm sewer outfall structure. The Engineering Department made a reconnaissance survey of the washed out condition after it was reported and the Director of Public Works determined that emergency measures were needed, especially in light of the fact that rain was forecasted in the next few days, The Director of Public Works noted that the Engineering Department had contacted three area contractors and that one did not have any necessary equipment available at that time. Verbal quotations were received from the two other contractors and it was determined that only one, Barbarossa and Sons, had equipment immediately available in the vicinity. The City Manager stated that the estimated cost of repairs for time and material was not expected to exceed $6,000 and recommended that the cost of repairs be subsequertly transferred from the Mayor and Council Contingency Fund. The meeting recessed at 8 :50 P.M. and resumed at 9:10 P.M. The City Manager reviewed Planning Commission Application .No. 71023 submitted by Thomas Construction Co. requesting site and building plan approval for a two -phase 240 unit apartment complex to be located at 70th Avenue North and Lyndale Avenue North. He noted that the plans had been reviewed by the Planning Commission and been found to be in compliance with the Zoning Ordinance requirements. A discussion ensued concerning the possible extension of Camden Avenue North and the relationship of such an extension to the site plan. The City Manager commented that if Camden Avenue were extended past the develop - ment it would serve the apartment complex as well as the park area to the west. He noted that the staff had determined that the road could be constructed in such a way that it would meander or wind through the area rather than be a straight line design. Councilman Heck said that he felt that there would be traffic problems such as speeding whether the street was meandering or straight 11m in design. He suggested that possibly cul -de -sacs could be designed and constructed for the apartment complex. Mayor Cohen and Councilman Heck felt that the issues of the possible extension of Camden Avenue and the effect of such an extension on the whole area as well as the apartment complex should be considered by the Park and Recreation Commission, the staff, and the Planning Commission. Councilman Leary agreed and stated that the Park and Recreation Commission should also take into account the neighborhood aspects of the proposal and not just the effects on the park.. The builder, Mr. Thomas Barrett, commented that the possible extension of Camden Avenue has no substantive effect on his proposed development. He stated that he would like to begin construction in September and that he needs Council approval of the site plan to proceed with other preliminary steps. A motion was made by Councilman Willard and seconded by Councilman Leary to approve Planning Commission Application No. 71023 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 j approval of the City Engineer prior to the issuance of a building permit; 3. A performance agreement and a performance bond (n an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. -3- A discussion ensued wherein Councilman Heck said that he would be opposed to such a motion because there is a need to refer the matter to the Park and Recreation Commission and the staff for further consideration of the possible extension of Camden Avenue as it relates to park access and the effect on the area in general, Motion by Councilman Heck and seconded by Councilman Ausen to amend the motion by deferring the approval of that portion of the site plans relating to the extension of Camden Avenue so that the matter could be referred to the Park and Recreation Commission, the Planning Commission, and the staff for further study of the access to the park and the effects on the area. The matter would then be returned to the Council for final approval. Voting in favor of the amendment were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. A vote was then taken on the main motion as amended. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Deck and Willard. Voting against were: none, The amended motion carried unanimously, The City Manager next reviewed Planning Commission. Application No. 71024 submitted by Brooklyn Center Industrial Park for Nino's Steakhouse, He indicated that the applicant is requesting site and building plan approval for a 9, 000 square foot restaurant to contain dining areas, bar and banquet rooms for a property located west of John Martin Drive and north of the proposed theater site in the Industrial Park. He also explained that the proposal included a provision for joint parking with the proposed theater site to the south. A discussion ensued concerning potential traffic problems and the adequacy of the parking arrangement pio!x,esdd by the applicant. The City Manager commented that the staff felt the parking is adequate and that con - sidering the geometry of the area and the nature of the businesses, most of what traffic congestion there might be would be limited to the facilitys' sites them- selves, Councilman Ausen expressed concern over the single access to the parking area for both facilities and the likely concentration of cars during peals evening hours. Motion by Councilman Leary and seconded by Councilman Willard to approve Planning Commission Application No, 71024, Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Willard. - Voting against was: Councilman Ausen. Motion carried, The City Manager next stated that Topeka Inn Management, Inc. had formally applied for one of the City's five available on -sale liquor licenses for a Holiday Inn, He noted that the application had been investigated by the Police Department pursuant to ordinance requirements and that such investigation disclosed no major inconsistencies with the facts set forth in the application and no other facts unfavorable to the application, The Council then reviewed the application and investigation documents, Motion by Councilman Heck and seconded by Councilman Leary to approve and issue an on -sale liquor license to Topeka Inn Management, Inc. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. It was next recommended that the Council make a determination regarding the disposition of City property at 7100 Brooklyn Blvd, and 6445 Lyndale Avenue North, The City Manager recommended that the Council declare the property at 7100 Brooklyn Blvd. as surplus property. A discussion ensued during which Mayor Cohen stated that the living patterns of the people living near the old City Hall should be considered in deciding what use would be given the property once it was sold or disposed of. .the City Manager noted that the value of the property at 7100 Brooklyn Blvd. is appraised higher for a C-I use than for a R-5. use, - -4- Councilman Ausen reiterated his suggestion made at the June 28, 1971 meeting concerning the possible temporary use of the old City Hall by the Historical Society. Further discussion disclosed that other more attractive options would be available to the Historical Society. Motion by Councilman Willard and seconded by Councilman Heck to declare the City -owned property at 7100 Brooklyn Blvd, as surplus property, and further, to instruct the City Manager to take appropriate steps in initiating the disposition of said property; and to initiate appropriate action to determine the feasibility of rezoning that property to C -1 use. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. The next item of business was the discussion of Councilman Ausen's proposal to modify the Zoning Ordinance variance procedures which had been deferred from the June 28, 1971 meeting. Councilman Ausen stated he saw a need to relieve the Council of variance considerations, not so much on the basis of the number of variances heard, but rather on the basis of actual time the Council spent deliberating them. He stated his opinion that the City of Brooklyn Center was of such a size and complexity that there were many problems and issues which the City Council should be considering and that the establishment of a Board of Appeals would be a step in freeing the Council of some matters such that it could consider adequately other issues brought before it. Councilman Ausen noted that State Law provides that the governing body may designate an administrative agency to handle variance matters if the governing Charter does not prohibit such procedure. He noted that the City Attorney was of the opinion that the Brooklyn Center Charter does prohibit such a delegation and therefor there would be a i need to amend the Charter. He stated that the Charter Commission would consider the matter and suggested that Councilmen offer their individual opinions to the Commission rather than having the Council as a whole deliberate the matter and submit a resolution, A discussion ensued wherein Mayor Cohen, Councilmen Leary and Heck stated reservations toward the proposal. Councilman Heck suggested that possibly the City Council should have a joint meeting with the Planning Commission regarding the proposal It was the consensus of the Council that a joint meeting between the City Council and the Planning Commission should be arranged in the reasonably near future. The City Manager next referred to the matter of a proposed ice arena. There ensued a discussion of the reports previously submitted by the Capital Improvements Review Board and the City Manager, Upon completion, the City Manager urged that the Council determine the extent of spectator capacity needed in an ice arena and the quality of design and strcture and then proceed to seek voter opinion in a referendum. Councilman Willard next presented an informal progress report concerning the Brooklyn Center bus operation. He noted that the bus service has yet to meet break -even ridership, but that the ridership is increasing each week, Motion by Councilman Leary and seconded by Councilman Heck r to adjourn the meeting, noting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard, Voting against were; none. Motion carried unanimously. The Council meeting adjourned at 12:30 A. M, Clerk Mayor M5�