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HomeMy WebLinkAbout1971 09-13 CCM Regular Session I Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota September 13, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 Rlv: , Roll Call: t aayor Cohan, Councilmen Leary, Ausen, Heck and Willard. Also present were: City Manager Donald Poss, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Chief of Police Thomas O' Hehir, and Administrative Assistants Tom Loucks and Blair Tremere. Motion by Councilman Ausen and seconded by Councilman Leary to approve the minutes of the August 23, 1971 Council meeting as corrected. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -184 RESOLUTION ACCPEPTING QUOTATIONS FOR PHOTOGRAPHIC DARKROOM EQUIPM.F 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 presented to the Council for review and approval architect plans for the Northbrook Liquor Store. He noted that if the plans are satisfactory bids for the project will be opened September 27, 1971. Motion by Councilman Leary and seconded by Councilman Willard to approve the architect's plans for the Northbrook Liquor Store as presented and to authorize bids to be sought for September 27, 1971, Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. The City Manager next presented to the Council an unapproved set of Highway Department plans relative to possible Freeway improvements between Xerxes Avenue and Lyndale Avenue. He reviewed the plans with the Council and commented that they represented an effort to cope with future traffic congestion which would be realized when the Interstate 94 was extended from Minneapolis to Interstate 694 in Brooklyn Center. A discussion ensued during which inquiries were responded to and during which Mayor Cohen suggested that affected residents between Humboldt and Camden Avenues be notified of the possible impact uponthem, Mr. Loucks reviewed Planning Commission Application No. 71022 submitted by Kerlin West. He noted that the applicant was requesting a 2 ft. height variance, to allow construction of a 6 ft. fence to provide screening and protection for a proposed swimming pool to be located in the side yard of a property located at 6001 Vincent Avenue North, as well as a yard encroachment variance. A discussion ensued and it was noted that it had been the consensus of the Planning Commission that it was not the intent of the setback ordinance to preclude pools located in yard setbacks by omission, but rather the issue was simply not comprehended at the time of the adoption of the ordinance, -1- A discussion ensued after which a motion was made by Councilman Leary and seconded by Councilman Heck to approve Planning Commission .application No. 71022 as amended, providing the top 2 ft. of the proposed fence is transparent so as not to obstruct the vision of drivers of vehicles aftemprting to back out of the driveway to the north; further, the pool is not considered an encroachment, recognizing that the matter of pools located in yard setbacks was not comprehended at the time of the adoption of the ordinance, and recognizing that the swimming pool is not an above ground obstacle. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Willard. Voting against: Councilman Ausen. Motion carried. Mr. Loucks next reviewed Planning Commission Application No. 71031 submitted by Bermel Smaby requesting site and building plan approval for three story 13,200 sq. ft. office building to be located at 65th and Brooklyn Blvd. A discussion ensued relative to the proposed exterior lighting for the site as well as screening around the site. Mayer Cohen recognized Mr. C. Dudley, a property owner adjacent to the proposed development, who expressed concern that the lighting if improperly diffused would be obnoxious to adjacent property owners. Mir. Ben Bermel of Bermes Smaby informed the Council that the developer was willing to rectify problems concerning the lighting and screening with adjacent property owners as well as the City staff. i Mr. Bermel also inquired about the City's sprinkler requirement for commercial buildings in excess of 2,, 000 sq. ft. Councilman Willard stated that neither the Planning Commission nor the Council had been presented vdth a variance request and therefore could not consider the matter of a variance to the sprinkler ordinance Motion by Councilman Willard and seconded by Councilman Heck to approve Planning Commission Application No. 71031 submitted by Bermel Smaby subject to the following conditions: 1. That access to the property from Brooklyn Blvd. be eliminated; 2. Concrete curbing be used to delineate driving aisles and parking stalls; 3. All roof mechanical equipment be screened; 4, That an exterior lighting plan detailing fixture selections and elevations be submitted for staff approval; S. Utility, drainage, and elevation puns are subject to the approval of the City Engineer prior to the issuance of a building permit; 6. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 7. A performance agreement and performance bond (in an amount to be determined by the City 1,ianager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted; 8, That screening requirements to protect adjacent residential properties shall be provided according to the C -1 and R -1 zoning provisions. Voting in favor were: Mayor Cohen, Councilmen Leary, ,Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Councilman Ausen expressed h- concern that developers of C -1 lands _along Brooklyn Blvd. should coordinate accesses to the properties from Brooklyn Blvd. in a manner that would both reduce the number of indkridual accesses and yet avoid the use of residential side streets as access routes. -2- After a brief discussion Councilman Ausen moved and Councilman Willard seconded to direct the Planning Commission to study the existing and future development of the C -1 land use areas along Brooklyn Blvd. and to offer recom- mendations to the City Council with regard to traffic access patterns and parcel accesses. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none.. Motion carried unanimously. The City Manager reviewed Planning- Commission Application No. 71 032 submitted by Northern State Enterprises, Inc, requesting site and building plan approval for a Nino's Steak Restaurant. He noted that the Planning Commission and City Council previously approved a site and building plan for 9, 000 sq. ft. restaurant facility to be located at Earle Brown Drive and John Martin Drive,, but that since that time the applicant had determined to change sites for the location of the restaurant and was now requesting site and building plan approval for a property located east of Earle Brown Drive and adjacent to Highway 100. Motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 71032 subject to the following conditions: 1. That all mechanical equipment located on the roof be screened; 2. A 3 ft. variated berm be placed in the greenstrip adjacent to Highway 100 to serve as a screening device between the parking lot at the east edge of the property and Highway 100; 3 Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 4. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 5 A performance agreement and 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. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Applicaticn No. 71033 submitted by Iten Chevrolet requesting site and building plan approval q 9 for a two story addition to the existing building located at 6701 Brooklyn Blvd, He noted that this building would replace a. mobile home trailer that was now being utilized as a truck sales office on the premises. After a brief discussion a motion was made by - Councilman Leary and seconded by Councilman Heck to approve Planning Commission Application No. 71033 submitted by Iten Chevrolet subject to the-following conditions: I 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; 3 A performance agreement and 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. Voting in favor were: Mayor Cohen, Councilmen Lary, Ausen Heck and Willard. Voting against: none. Motion carried unanimously. The meeting recessed at 9;45 P. M. and resumed at 1© :10 P. M. -3- Mayor Cohen stated that the Council would proceed,, with initial consider- ation of the 1972 budget and announced that the meeting was open for the 1972 budget hearings. He asked the City Manager to introduce the budget. The City Manager commented that, excluding the proposed reserve for 1972 salary adjustments, the proposed General Fund expenditures have been reduced below 1971 levels; however,, because estimated non - property tax revenues are substantially lower than 1971 levels, property tax revenues must be raised to meet the difference if existing service levels are to be maintained. He stated that this was primarily due to the fact that the surplus carry -over realized by engineering and clerical fees earned in 1969 as a result of substantial improvement programs in that yeary was not available to offset proposed 1972 expenditures. 00 The City Manager stated that the Council was not authorized to decrease spending for debt retirement, retirement funds, or poor relief and thus the one area which could be reduced was in the General Fund which represented the services provided by the City. He further stated that if the City were to maintain' the current level of taxation the service portion of the budget would have to be reduced approximately $176,000. He offered examples to the Council of several services which could be cut to provide for this reduction. The City Manager then provided a perspective of Brooklyn Center's relationship to other communities in terms of 1971 per capita property tax levies and in terms of full -time employees per 1,000 population; -he also illustrated that the proposed property tax levy had been closely predicted in projections made in the preceding three years. He concluded that if substantial reduction in City governmental services were to be avoided property tax revenues would have to be increased. Mayor Cohen then Galled for questions from the Council for purposes of clarification of the proposed budget. Councilman Willard and Councilman Leary asked the City Manager for several points of information. Mayor Cohen next asked if any citizens present desired to ask questions at this time and he recognized State Representative Scherer, A brief discussion ensued between Representative Scherer and the Council concerning municipal financial problems and state aid programs. In response to a question, Representa- tive Scherer stated Its reaction that the proposed increase in mill rate was probably not out of order since the proposed mill rate at 49.9 mills is consistent with the tax rate maintained for City purposes over the past ten years. After further discussion Councilman Heck moved and Councilman Willard seconded a motion to adjourn the 1972 budget hearings until the next Council meeting on September 20,.1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried :unani- mously. I The City h4anager reviewed for the Council a policy of non- resident memberships for the Community Center. He suggested that the six month rates of $40 per family membership and $20 per single membership be established. A discussion ensued relative to the decline of the use of the Community Center since school has started and the related need to increase Community C enter memberships. Councilman Ausen suggested that some consideration should be given to charging persons for the use of the social hall facilities as well as the swimming pool, and he stated that a number of non - resident mem- berships could result in overcrowding of the Community Center facilities. Council- rran Willard suggested evaluation of a proposal to reduce the term of membership from six months to three months on the premise that the cost of a three month membership would be more saleable. Motion by Councilman Heck and seconded by Councilman 'Willard to establish non - resident memberships for the use of the Community Center facilities at the following rates: six month family memberships - $40 and six month single memberships - $20. Further, such membership policy shall be subject to review by the Council after a period of six months. Voting in favor were: Mayor Cohen, Councilmen Leary, Neck and Willard. Voting against: Councilman Ausen. Motion carried, -4- Mayor Cohen stated that he had talked with the City Attorney relative to the two vacancies on the Charter Commission and asked the City Attorney to present his interpretation of the s i nuation. The City Attorney commented that he had recently talked with judge Fossen concerning Councilman Ausen` s request that the two vacancies on the Charter Commission be filled.: He stated that judge Fossen intended to make such appoint- ments shortly, but that the statutory time limit for the judge to make the appoint- ments had passed, and thus the Council could make the appointments if it so desired. The City Attorney recommended that the Council delay their decision for a short period to see what actions Judge Fossen took in this matter, Mayor Cohen called upon Councilman Willard to present a report regarding the operation of the Brooklyn Center bus. Councilman Willard asked Mr. Loucks to review for the Council the status of the bus system and proposed schedule changes, Mir. Loucks stated that the Brooklyn Center bus ridership had yet to meet the experimental break even point and that it had decreased substantially since the opening of schod3s, He stated that at current levels, the bus could be operated until approximately October 15th at which time service would termin- ate, He stated that by modifying the routes and schedules the ridership could possibly be increased in that consideration would be given to the transportation needs of local employees such as those at Brookdale Shopping Center as well as housewives who could ride to the various shopping centers. He then explained the proposed route and schedule changes. The Council concurred with the proposed route and schedule changes. Councilman Willard noted that the approval of the Metropolitan Transit Commission was not needed to alter route or schedule changes but that he and Mr. Loucks had consulted with them. He said that the Metropolitan Transit Commission had been studying the operations data since the Brooklyn Center bus operation began and that it was felt further data was needed before a determin- ation of success or failure could be made. Councilman Willard explained that he was scheduled to go before the Metropolitan Commission Operations Committee and that in his opinion he could offer three options relative to the status of the Brooklyn Center bus: 1. Utilizing past and currentridership statistics as the basic criteria it could be recommended that the bus operation be terminated at the end of the experimental period on or about the 15th of October; 2 Using the criteria that the data gained from the experiment is valuable and that further data is needed to firmly establish the success or failure of the operation the operation should be continued on the present basis with each party providing $2500; 3. Again using the criteria that the Brooklyn Center bus operation was valuable from an experimental standpoint, thus service could be continued on a basis similar to that of the Quick Transit experiment, wholly subsidized financially by the Metropolitan Transit Commission with the City of Brooklyn Center providing administrative and promotional support. He noted that the Metropolitan Transit Commission does realize funds from property tax resources. It was the consensus of the Council that Councilman Willard should proceed with his presentation to the Metrpolitan Council utilizing the stated options as a basis of considering the continuation of the Brooklyn Center bus. Motion by Councilman Heck and seconded by Councilman Leary to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none ,_ M, on carried unanimously. The Counci=medjourned at 12:15 er -5 ayor