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HomeMy WebLinkAbout1971 08-09 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 August 9, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:37 P. M. A Roll Call# Mayor Cohen, Councilmen Leary and Ausen. Also Present were# City Manager Donald Poss, Director of Finance Paul Holmlund, City Attorney i Richard Schieffer, Director of Public Works James Merila Chief of Police Thomas O'Hehir and Administrative Assistant Tom Loucks. Motion by Councilman Ausen and seconded by Councilman Leary to approve the minutes of the July 26, 1971 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary and Ausen, Voting against: none. Motion carried unaniamously, With respect to the auditor's appearance before the City Council meeting of July 26, 1971 relative to his supplementary audit report, Councilman Ausen . rnested information regarding compliance with the auditor's recommendations, The City N_anager responded that a report consisting of margin references in the supplementary report would be furnished, Member John Leary introduced the following resolution and moved Its -adoption; RESOLUTION NO. 71 -142 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1971 -18 AND STREET RESTORATION IMPROVEMEN PROJECT NO. 1971 -19 AND ORDERING PREPARATION OF PLANS AND MECIFLOROM The nv)tion 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 and Vernon Ausen; and the following voted against the same; none, whereupon said resolution was declared duly Passed and adapted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71-143 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1971 -18 AND STREET RESTORATION IMPROVEMENT PROJECT NO. 1971 -19 AND ORDERING PREP ARATION OF PL6M AND SPECIFICATIONS The motion for the adoption of ,the foregoing resoluticn was .duly seconded by member John Leary and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary and Vernon Ausen; 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 -144 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEME FOR BIDS O 1971 -D ..1_ 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 and Vernon Ausen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -145 RESOLUTION AQgjf= WORK fQOHL4&C_TED BY 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 and Vernon Ausen; 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 -146 RESOLUTION ACCE ING W CONT CTE B 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 and Vernon Ausen; and the following voted against the same: some, whereupon said resolution was declared duly passed and. adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -147 MQLUTIQN &QgXEM W RA 17 B C , 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 and Vernon Ausen, 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 -148 RESOLU`T C? AC I ViR"1 CONT CTED 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 and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -149 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) -2- 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 and Vernon Ausen; 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:. RESOLLT ION NO. 71-150 RESOLUTION ACCEPTING WORK (CO RACTED BY CAGY} 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 and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -151 RESQLUT10N AgggMNG W= CONTRA D BY Q= 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 and Vernon Ausen: 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:.. RESOLUTIOR? NO. 7I -152 RESOL TION ACCE O O RA 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 and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -153 RESOLUTION ACCEPTING WORK LQONTRACTED BY CITY 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 Lary and Vernon Ausen;; 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 -154 RESOLUTION ACCEPTING WO U (QONTRAQTZP DX 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, John Leary and Vernon Ausen; and the following voted ,against the same: none, whereupon said resolution was declared duly passed and adopted, -3- Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -155 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY} 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 and Vernon Ausen; 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 -156 RESOLUTION ACCEPTING WORK. (CONTRACTED ?3Y 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 and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -357 RESOLUTION ACCEPTTNG WORK (CONTRACTED BY CITY) 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 andVernon Ausen; 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. 71-158 RESOLUTION ACCEPTINQ 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, John Leary and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -159 RESOLUTION ACCEPTINQ WORK (CONTRACTED BY CITY 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 and Vernon Ausen; 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 -160 RESOLUT ON ACCEPTING WORK C NTRACTED 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, John Lea y and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -161 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITYI 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 and Vernon Ausen; 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 -162 RESOLUTION ACCEPTING WORD (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, John Leary and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was ,declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -163 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 and Vernon Ausen; 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 -164 RESOLUTION ACCEPTING WORM 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, John Leary and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -165 RESOLUTION ,A.CCEPTING WORK (CONTRACTED BY CITY) 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 and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, -5- Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -166 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, John Leary and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71167 RESOLUTION ACCEPTING WORK. (CONTRACTED BY CITY) 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 and Vernon Ausen; and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. The next item of business consisted of a petition to close Wingard Lane at Brooklyn Blvd. The matter was reviewed by the City Manager who stated that the matter was deferred during the construction of Noble Avenue to permit develop- ment of new traffic patterns which could be analyzed. It was reported that approximately 500 vehicles per day use Wingard Lane, approximately 86% of which is through traffic. It was noted that a reference on Page 85 of the Comprehensive Plan recommended the closure of Wingard Lane. The City IAanager suggested that the City Council consider the precedent factor in closing or dead - ending a residential street which does not carry an unusual amount of traffic volume in comparison to other residential streets, The. Director of Public Works then presented his analysis of the Wingard Lane traffic situation. He projected an illustration showing proposed cul -de -sacs locations on Wingard Lane and noted that the cost of constructing a cul -de -sac in conformance with the petition request would amount to approximately $2800. Affected residents along Wingard Iane offered opinions and stated Positions. The consensus of the residents in attendance was opposed to the closing or cul- de- sacing of Wingard Lane. Other alternatives were suggested such. as constructing sidewalks, making Wingard Lane one -way, or limiting turning movements to and from Wingard Lane from Brooklyn Blvd. Following further discussion,-.ft was the consensus of the City Council that the staff continue to investigate the other alternatives in cooperation with the residents. The meeting recessed at 8 :50 P.M. and resumed at 9 :15 P. M, The next item of business was Planning Commission Application No. 71020 (amended). The City Manager reviewed the application and commented that the applicant is requesting approval of an amendment to site and building plans previously approved by the City Council on June 14, 1971 for a business building to be located at 65th Avenue North and Shingle Creek Pkwy. He further commented that the amended proposal comprehends 96,000 sq. ft. of floor area, 28,000 sq. ft. of which is to be utilized for general office and 67,000 sq. ft. devoted to warehousing. It was noted that the Planning Commission had reviewed the matter on August 5, 1971 and forwarded it recommending approval subject to certain conditions. Discussion then ensued among Council - members regarding the Planning Commission recommendation that certain service/office uses be considered compatible with I -1 uses. -6- Mayor Cohen then recognized Planning Commission Chairman Robert Jensen who indicated that the Commission felt certain office uses are incidental to I -1 uses and it was not their intent to include all office development, but rather those that are related to I -1 uses. Councilman Ausen then commented that there should be recognition that certain types of office uses are incidental to 1-1 land uses and if the application were approved perhaps the use could be qualified., Following further discussion a motion was made by Councilman Ausen and seconded by Councilman Leary to approve Planning Commission Application No. 71020 (amended) subject to the following conditions: 1. Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 1 c, 3. A performance agreement and a performance bond (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 the proposed C -1 uses be supportive of primary I -1 uses, it being determined by the Council that such uses are compatible with the Industrial Park development; 51 That the parking for the site be determined by proposed land use as specified in the Zoning Ordinance. Voting in favor were: Mayor Cohen, Councilmen Leary and Ausen. Voting against: none. Motion carried unanimously. The next item of business was Planning Commission Application No. 71029 submitted B.C. P T i w by he City Manager reviewed the item and indicated that the applicant is requesting a special use permit for the Cinema I, II, and III Theater to be located on john Martin Drive and T. H. 100. He further noted that the City Council had approved site and building plans for the Proposed theater on March 5, 1971. It was recommend that the notification requirement of the special use permit process be waived. Following a brief discussion, a motion was made by Councilman Leary and seconded by Councilman Ausen to approve the special use permit, waiving the special use permit notification requirement in view of the fact that affected property owners had previously been notified and indicated no opposition during site and building plan consideration. Voting in favor were: Mayor Cohen, Councilmen Leary and Ausen. Voting against: none.. Motion carried unanimously. The next item of business consisted of establishing interest rates for special assessments to be levied in September, 1971 payable beginning iin 1972. The City Manager commented that the matter had been researched by the Director and was recommended that the interest rate be established within the range of 7 1/2% to 8%. A discussion ensued during which Councilman Ausen proposed the concept of a uniform and annually established interest rate for all special assessments. Councilman Leary expressed reservations toward the proposed concept and questioned the ability of the City Council to raise or lower special assessments interest rates once established at the assessment hearing. The City Attorney suggested that such a concept would probably involve a re- hearing as the interest rate on specific projects was annually adjusted and he stated that such a program would probably not be legally defensible. -7- Mayor Cohen commented that even if legally possible, the proposal would generate intense adverse reaction in _the cases where previously established Interest rates must be increased. Following further discussion, the City Manager suggested that the Finance Director after consulting with Councilman Ausen would discuss the proposal with the bonding consultants in terns of the possible ramifications on the saleability of ;ponds and that the lec, al ramifications would also be researched. Motion by Councilman Ausen and seconded by Councilman Leary to set the interest rate at 7 1j2% for those special assessments to be levied in September, 1971, payable beginning in 1972. Voting in favor were: Mayor Cohen, Councilmen Leary and Ausen. Voting against: none. Motion carried unanimously. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -168 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES 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 and Vernon Ausen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Walkway Network and Financing Construction Report was deferred until the meeting of August 23, 1971. The City Manager next reviewed the terms of the proposed lease to be 4 entered into with United National Corp. for a Municipal Liquor Store to be located in Northbrook Shopping Center. Following discussion a motion was made by Councilman Ausen and seconded by Councilman Leary to authorize the Mayor and City Manager to enter into a lease with United National Corp. subject to Councilman Leary's suggested modifications of the liability and insurance article contained in the lease. Voting in favor were: Mayor Cohen, Councilmen Leary and Ausen. Voting against: none. Motion carried unanimously. The City Manager then recommended that the firm of Korsunsky and Krank, . Architects, be retained to provide design services for the new liquor store on an hourly cost basis not to exceed 10% of the construction cost. Following discussion a motion was made by Councilman Leary and seconded by Councilman Ausen to authorize the City Manager to retain the architectural firm of Korsunsky and Krank for architectural service related to the Municipal Liquor Store. Voting in favor were: Mayor Cohen, Councilmen Leary and Ausen. Voting against: none. Motion carried unanimously. The City Manager then reported on the progress of the municipal Ire Arena Program Development Committee. He stated that members had taken part in an orientation meeting and stated the committee's desire for determination of an architect to advise the group,, The City Manager restated his recommendation that the architectural firm of Cerny Associates, Inc, be retained for the purpose. Mayor Cohen noted that subsequent to the Committee's orientation meeting, Councilman Heck had urged early determination of an architect to advise and .assist the Committee. Motion by Councilman Leary and seconded by Councilman Ausen to authorize the retention of Cerny Associates, Inc. for the purpose of assisting the Ice Arena Program Development Committee in developing a program and a reliable estimate of costs for an ice arena referendum, charges for the service to be on a unit cost basis not to emceed $3, Voting in favor were: Mayor Cohen, Councilman Leary and Ausen. Voting against: none. Motion carried unanimously, 1 -8- Motion by Councilman Leary and seconded by Councilman AU6eh to adjourn the meeting. Voting in favor wore: Mayor Cohen, Councfta' fi Leary and Ausen. Voting against: none, TvIotion carried unanimously. The City Council meeting adjourns at 11 :45 P.M. erk Mayor 9