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HomeMy WebLinkAbout1971 07-26 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 LUnesota July 26, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:3 0 P. M. Roll Call: Mayor Cohen, Counciirnen Leary, Ausen, Heck and Willard. Also present were: City Amager Donald Poss, Finance Director Paul Holmlund, City Attorney Richard Schieffer, Director of Public Works James Merila, Police Chief Thomas Q'Hehir, and Administrative Assistants Tom Loucks and BlairTresrwa, Reverend Thomas Wright of Brooklyn United Methodist Church offered the invocation. Motion by Councilman Leary and seconded by Councilman Willard to approve the minutes of the July 12, 1971 meeting of the Board of Equalization, Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Fleck and Willard. Voting against; none. Notion carried unanimously. Motion by Councilman Beck and seconded by Councilman Leary to approve the minutes of the July 12, 1971 Council meeting as corrected. Voting In favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard, . Vcstfng_agai,nst. none. Motion carried unanimously. The first item of business consisted of a review of the supplementary' --- audit report for the year ending December 31, 1970. Mayor Cohen called upon - Mr. ©iva Peatti.la, the independent C.P. A, contracted to do the audit for the City, - to discuss the supplementary review and to answer questions, Mr. Penttila reviewed the report and explained that many of the suggested Procedures were already in effect, and that the reason for publishing them in the supplementary report was to provide present and future City personnel with a central file of proper accounting techniques in the special assessment area. A brief discussion ensued during which Mir. Penttila emphasized that the suggestions in the supplementary report were made for a matter of record and future reference and further, that most of them were already being implemented by the Finance Department. The City Manager next brought to the attention of the Council pla &fig Commission Application No. 70015 submitted by R Ernst which had been L. tabled on June 20, 1971. The Council had directed the City Attorney to submit an opinion regarding the legal ramifications of the rezoning matter as it would affect neighborhood properties to the north of the subject parcel, and also to review Application No. 70015 in light of a previous similar application in the 4 vicinity of County Road 10 and Major Avenue North, The City Manager and 1v-4. Loucks reviewed the previous considerations which had been given to this application including the recommended denial of the application by the Planning Commission on October 1, 1970. It was noted that construction is scheduled to soon begin on a shopping center on property located along Humboldt Avenue south of 89th Avenue forth, plans for which have been approved by the City Council, The City Attorney presented his opinion to the City Council staging that Owe were three basic points considered; 1. The possible effects of the proposed development on other similarly zoned property in the area. A possibility exists for a precedent being set which could lead to the development of a commercial strip which would not be consistent with the Comprehensive Plan. If a course of developt were to be followed which is different from that stated in the Comprehensive Plan, the plan itself should be revised, and the revision should not take place via a series of individual zoning modifications. n y_ 1. (cont'd.) It was noted that the developer is not bound legally to put the land to the specific use mentioned in the proposal which, in this case, would be a neighborhood convenience center. I 2. With regard to the similarities between the parcel under consideration and the proposed development in the vicinity of County Road 10 and Major Avenue North which was recently denied by the City Council, it was noted that there were similarities in the two application, namely that both proposed convenience centers, and both involved parcels in the immediate vicinity of multiple dwelling housing complexes. It was noted that there were important differences; the previous application which was denied involved the creation of a zone which would allow a convenience center operation, whereas the present application entails an expansiop of an already existing zone. It was also noted that the Council might consider whether the subject parcel is suitable for the existing zoning. 3. The matter of property remnants or residuals of a larger parcel of land. It was noted that this situation will recur as the City grows and more fully develops remaining useable land. Following the City Attorney's presentation Councilman Willard stated his views opposing the rezoning application and Councilman Ausen ' stated his views in support of the rezoning application. A general discussion ensued wherein the City Attorney responded to questions of the City Council. Mayor Cohen next recognized Mr. Perry Copeland, an attorney representing the applicant. Mr. Copeland stated that a Comprehensive Plan should be period- ically reviewed and revised when' necessary; he felt that this application represented such an instance. As to the possibility of a precedent being set which could result In a commercial strip zone, he stated that municipal governing bodies could draw a line halting such developments. He further noted that the applicant felt an amenity such as a convenience center was needed in an area where there are large multiple dwelling complexes. Mr. Copeland also noted that the present application was requesting an expansion of an already existing zone and was not requesting the creation of a commercial zone. Councilman Heck clarified that the parcel of land in question was intended to be open -space for the apartment complex to the south and that it was not, in fact, a residual or a remnant parcel. He then noted that Planning Commission Chairman Robert Jensen was present and requested that Mr. Jensen express the views of the Planning Commission on this matter. Chairman Jensen briefly reviewed the consideration the Planning Commission and City Council had previously given this matter. He stated that the parcel was never intended to be anything but open -space area and that in reviewing the report of the neighborhood group as to the Comprehensive Plan it was recommended that the C -2 zoning at the southeast corner of 69th and Humboldt Avenues North was adequate to serve the needs of the neighborhood. The Mayor then invited those people present who live in the area to express their opinions on the matter. Mrs. Jack Kirkham, an apartment building manager residing at 1308 - 69th Avenue North, stated that people in the area, especially apartmert dwellers, need a convenience center. She noted that there were no convenient shopping facilities within walking distance of many of the apartment complexes. Mayor Cohen noted that there appeared to be no one else in the audience who desired to speak to this issue,. He further stated that he felt it was important for the Council to consider what course it will take with regard to similar parcels of land which are remnants or residuals of larger parcels. The Mayor also noted that the Council had now received the recommendation for denial from the Planning Commission, that it had considered the legal ramifications, and that it had considered the role of the Comprehensive Plan; thus, the Council should decide the issue. -2- Notion by Councilman Willard and seconded by CounctIman Leary I to deny Planning Commission Application No. 70015 submitted by R.L. Ernst for Kraus-Anderson,, noting the following considerations: 1. The proposal is inconsistent with the Comprehensive Flan; 2, The proposal would tend to establish a spot zoning precedent which could result in a strip commercial zone in the area; 3. The proposal is detrimental to a planned and orderly development of the area; 4. The Council realizes that neighborhood services consistent with the Comprehensive Plan can be provided in areas that are properly zoned in the immediate vicinity. A brief discussion ensued wherein Councilman Ausen said that he felt the proposal was consistent with the Comprehensive Plan which strives for the highest and best use of land in the City. Councilman Heck stated that his main concern was with the legal ramifications of the proposal. Councilman Heck and Councilman Leary stated concern over what seemed to be division of property In this case, utilizing one remnant of a parcel, and thereby create another remnant to the south of the parcel. Mayor Cohen then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Willard. Voting against: Councilman Ausen. Motion carried„ The meeting recessed at 9 :50 P. M. and resumed at 10:10 P. M. Mayor Cohen next introduced a letter received from Mr. Rod Giddings, Jr. President of the Brooklyn Center Hockey Association, The letter expressed that group's hope that the City Council would pursue the matter of a proposed ice arena and take steps to begin planning such a facility. The City Manager reviewed the progress of the proposal to date, including the recent report of the Capital Improvements Review Board, He noted that if the Council desired to present the proposal to the voters in a referendum at the November election, a tight schedule for studying the proposal, planning the facility, and presenting the information to the voters would have to be started immediately. Mr. Rod Giddings stated that the Association wished to express its unity of s con also reco gnized Mr. Ed Theisen purpo a concerning this proposal. The Mayor g : Chairman of the Capital Improvements Review Board, who stated he wished to reaffirm the concepts presented in the C.I.R,B, report and stated that he felt It was important that the voters be given the opportunity to act on the matter In a referendum. The City Manager recommended that the Council make certain policy determinations which would serve as guidelines for an Ice Arena Program Development Committee as proposed by Mayor Cohen, It was urged that policy determinations be made by the City Council regarding the spectator capacity of an arena, the construction quality of an arena, and the location of an arena. A discussion ensued regarding the policy factors after which Mayor Cohen polled individual Councilmen for consensus. The Council agreed on the following policy guidelines: 1. To the extent feasible, the. proposed ice arena should be Planned for multiple purpose use; 2. The spectator capacity of the proposed ice arena should not exceed approximately 500 seats; 3. The construction quality of the proposed arena should be consistent with the design and quality of the Civic Center, -3- 4, The location site for the proposed ice arena should be adjacent to the south side of the Civic Center as recommended in the City Manager's report dated January, 1971. With regard to architectural services for the proposed ice arena the City Manager recommended continuing the engagement of Cemy Associates, Inc. Upon discussion it was determined to defer the designation of an architect for the project until August 9, 1971. Mayor Cohen then outlined his proposal for a nine member Ice Arena Program Development Committee which would consist of two members from the Hockey Association, two members from the Capital Improvements Review Board, two members of the Park and Recreation Commission, two members at large, and one member of the City Council. Motion by Councilman Leary and seconded by Councilman Ausen that the Mayor appoint a nine member committee for the purpose of developing an ice arena program for presentation at an early band issue referendum and to instruct said committee to proceed within the guidelines set forth by the City Council which comprehend a multi - purpose ice arena with an approximate spectator capacity of 500 seats, a construction quality consistent with the Civic Center, and a location adjacent to the Civic Center as recommended in the City Manager's report of January, 1971, Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none, Motion carried unanimously, Mayor Cohen then appointed Councilman Heck to serve as Chairman of the Ice Arena Program Development Committee and requested that the City Manager provide such staff assistance to the committee as may necessary, Mayor Cohen handed the gavel to Mayor Pro-tern Howard Heck at 11:55 P.M. The City Manager reviewed Planning Commission Application No. 71021 submitted by Mr. William Holmberg requesting a 15 ft. lot width variance and a 2275 sq. ft. lot area variance for a property zoned R -2 located 5202 Girard Avenue North, It was noted that the Planning Commission recommended denial of the application. Motion by Councilman Leary and seconded by Councilman Ausen to deny Application No, 71021 submitted by Mr. William Holmberg noting the following reasons: 1 It is recognized by the City Council that the intent of the R -2 zoning in the Southeast Neighborhood is to provide low density multi-family living units on parcels of adequate size to support such densities; 2. It is ascertained that the property in question is substandard in nature and consequently it does not satisfy the standards and criteria set forth by the Zoning Ordinance for duplex development; 3, It is ascertained that the goal of the Comprehensive Plan for the Southeast Neighborhood is to provide low density multi- family living units in specified areas; 4, It is promulgated by the Comprehensive Plan that duplexes should be permitted where lot sizes are more suitable for duplex than single family housing; 51 It is further ascertained that it is not the intent of the Comprehensive Plan to develop substandard parcels of land for duplex dwellings, but rather to encourage the combining of such parcels to provide sufficient land areas for such development. Voting in favor were: Councilmen Leary, Ausen, Heck and Willard. • Voting against: none. Notion carried unanimously, -4- The City Manager next reviewed Planning Commission Application No. 71025 submitted by Viewcon, Inc. requesting site and building plan approval for a six story 55„000 sq. ft. office building to be located on a 3.6 acre tract of land bounded on the north and west by Northway Drive, on the south by County Road 10, and on the east by Shingle Creek, It was noted that it was the intent of the builder to utilize the facilities for general office use, but that if economic conditions dictate otherwise the builder would give consideration of utilizing a portion of the facility for a medical - dental clinic use. Following a brief discussion of the application a motion was made by Councilman Heck and seconded by Councilman Willard to approve Application No. 71025 submitted by Viewcon, Inc, subject to the following conditions: 1 That all driving aisles be delineated with in -place concrete curbing; 2. That the building be sprinklered with an automatic internal sprinkling system; 3. That all areas designated as green space shall have an underground sprinkling system; 4. That all final building specifications shall be drawn under supervision of and signed by a registered structural engineer; 51 That should the general office use change and a new use require additional parking, the plan will be subject to review by the Planning Commission and /or City Council; 6. Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 7. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes, 8. A performance agreement and performance bond (in an amount to be determined by the City Tanager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. Voting in favor were: Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Mayor Pro-tem Howard Heck returned the gavel to Mayor Cohen at 12 :00 midnight. The City Manager next explained to the Council a proposed resolution intended to authorize Brooklyn Center's participation in the metro -wide police communication upgrading program which was previously discussed by the Council on June 28, 1971. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -132 RESOLUTION AUTHORIZING PARTICIPATION IN A METROPOLITAN COMMUNICATION UPGRADING PROGRAM 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 followiig voted against the same: none, whereupon said resolution was declared duly passed and adopted. ..5_ The City Manager next discussed a proposed resolution intended to formally authorize Brooklyn Center's participation in the Hennepin County mobile teletype program as discussed by the Council on June 28, 1971. He noted that the program would be applicable to four squad cars at an approximate initial cost of $157.00 annually per car for five years. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -133 RESOLUTION AUTHORIZING PARTICIPATION IN THE UPGRADING OF POLICE AND SHERIFF RADIO COMMUNICATION SYSTEMS TO INCLUDE MOBILE TEJ&PRINTERS 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 , Le ar john Lea 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 explained a proposed resolution authorizing a grant request for Police Component Program Analysis. He noted that Brooklyn Center and Golden Valley Police Departments have developed a proposal for submission to the State Crime Commission for federal grant funding under the Safe Streets Act of 1968. The proposal comprehends participation in an existing multi - community computerized records program currently funded through the Safe Streets Act, and, -in addition the proposal specifically comprehends a computerized operational analysis of Police Department activities resulting in a management tool to assist in allocation of personnel time. A brief discussion ensued wherein Mr, Rick Creighton, Administrative Assistant in the Police Department, explained some of the features of this Proposal. The City Manager noted that there would be no cost to the City except for the manpower contribution, Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -134 RESOLUTION DESIGNATING THE CITY OF BROaALYN CENTER TO ACT AS GRANTEE AND ADMINISTRATOR OF A COMPONENT PROGRAM ANALYSIS PROGRAM 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. Motion by Councilman Beck and seconded by Councilman Leary to approve the following licenses: Bingo License Brooklyn Center Lions Club P.O Box 22433 as PiRjM License Cronstrom's Heating 4410 Excelsior Blvd, Suburban Hea+J mg 2050 White Bear Avenue Heating & Air Conditio License General Sheet Metal 2330 Louisiana Ave. No. Suburban Heating 2050 White Bear Ave. -6- (Licenses contd.) Itinerant Food Establishment License Brooklyn Center Lions Club P, O, Box 22433 Non- Intoxicating Malt Liquor "On -Sale" Licer+se Brooklyn Center Lions Club P,O. Box 22433 Non- Perishable Food. Vending Machine License Coca Cola Bottling Co, 101 Central Ave. Servomation Twin Cities 4301 78th Ave, No. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously, The City Manager and the City Engineer next recommended to the Council the subdivisionbond for Jesse's Addition be reduced to $350, .After a brief discussion a motion was made by Councilman Leary and seconded by Councilman Willard to authorize the bond reduction for Jesse's Addition to $350. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously, The City Manager next discussed a proposed resolution accepting quotations for cash registers for the new City Hall and a proposed new Northbrook Municipal Liquor Store, He noted that on May 24, 1971 the Council was advised that a recommendation would be forthcoming relative to the acquisition of a new cash register for the City Hail financial transactions. In addition, it was found necessary to secure an additional cash register for transactions at the proposed new liquor store in the Northbrook Shopping Center. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71-135 i RESOLUTION TO AUTHORIZE THE PURCHASE OF TWO CASH REGISTERS AND TO TRANSFER AN APPROPRIATION FROM THE MAYOR AND COUNCIL'S CONTINGENCY ACCOUNT 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. The City Manager next recommended that a walkway network financing and construction report prepared by the City Engineer be deferred until the August 9, 1971 Council meeting, g The City Manager and the City Engineer next explained a proposed resolution establishing w alkway m projects, It was noted that the g a y improve ent p 3e resolution is intended to formally establish a walkway network project, 1971 -11, consisting of walkway on both sides of T. H. 152 between T. H. 100 and the north corporate limits and walkway project, 1971 -12, consisting of walks along County Road 10 from Logan Avenue to the west corporate limits. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -136 RESOLUTION ESTABLISHING SIDEVdALK IMPROVEMENT PROJECT NO. 1971 -11 AND SIDEWALK IMPROVEMENT PROJECT NO. 1971 -12 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS -7- 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. j The City Manager presented a proposed resolution which is intended to authorize the taking of bids for Walkway Projects 1971 -11 and 1971 -12. Member Theodore Vuillard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -137 i RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK IMPRCV EM.tENT PROJECTS NO. 1971 -11 & 1971 -12 AND DIRECTING ADVERTISEMENT FOR BIDS CONTRACT 1971 -C 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 fleck 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 -138 RESOLUTION ESTABLISHING SANITARY SEWER IMPROVEMENT PROJECT NO. 1971 -13, WATER MAIN IMPROVEMENT PROJECT NO. 1971 -14 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1971 -15, AND ORDERING PREPARATION OF PLANS ANP SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote Ding 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 -139 RESOLUTION ESTABLISHING SANITARY SEWER IMPROVEMENT PROJECT NO. 1971 -16 AND WATER MAIN IMPROVEMENT PROJECT NO. 1971 -17 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. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -140 RESOLUTIC N PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEVER IMPROVEMENT PROJECT NO. 1971 -13, WATER MAIN IMPROVEMENT PROJECT NO. 1971 -14 & STREET SURFACING IMPROVEMENT PROJECT NO. 1971 -15 -g.. 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 TheodoreWillardy 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 NOD 71 -141 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT PROJECT NO. 1971 -16 AND WATER MAIN IMPROVEMENT PROJECT NO. 1971 -17 AND PROVIDING FOR REIMBURSE- NENT OF UNASSESS,,, D COST OF WATER IMPROVEMENT NO. 1964 -1 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 informed the Council that the recent strike against Northwestern Bell Telephone Co. by the Communication Workers of America Union resulted in a cost to the City of approximately $1 for overtime pay to police personnel who were needed at various times at the telephone office building on Shingle Creek Parkway, The City Manager next explained to the Council that the Metropolitan Transit Commission has published a list of proposed new bus stops in conjunction with an expansion of bus service in the North Hennepin area, including Brooklyn Center. He noted that the Metropolitan Transit Commission_ is requesting that municipalities install bus stop signs which would be provided by the Metropolitan Transit Commission. It was agreed that this probably would establish a precedent for the installation of such signs, and he noted that other suburban communities had received similar requests from the Metropolitan Transit Commission.. After discussion it was the consensus of the City Council that the City will install the bus stop signs provided by the Metropolitan Transit Commission. Mayor Cohen reported that he had received copies of a petition asking the City Council to give consideration to the establishment of possible licensing and rules and regulations governing group homes. He requested that the Council be provided with copies of the petition and asked the City Manager to provide the Council with a report on the issue. The City Manager explained to the Council that the City Engineer intends to initiate proceedings for right -of -way access along Brooklyn Blvd. for the sidewalk network.. He requested confirmation of the Council's untended position to the effect that walkways comprising the designated Walkway Network will be financed by means other than property tax levies and that the City will assume maintenance responsibility. He noted that a recommended policy staterm at would be forthcoming. It was the unanimous consensus of the Council that the sidewalk network would be financed by means other than property tax levies and that the City would assume maintenance responsibility. Motion by Councilman Heck and seconded by Councilman Ausen to adjourn the meeting. Voting in favor were. Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against; none. IMotion carried unanimously. The City Council meeting adjourned at 1• A. M. Clerk Mayor -9-