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HomeMy WebLinkAbout1970 05-25 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 25, 1970 The City Council met in session and was called to order by Mayor Philip Cohen at 7:37 P. M. Roll Cal]; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard, Also present were: Donald Poss, Paul Holmlund. James Meriia, Richard Schaeffer, Thomas O` Hehir, Jean Murphey, and Bambridge Peterson. Motion by John Leary and seconded by Howard Heck to approve the minutes of the May 11, 1970 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none Motion carried unanimously. Motion by Theodore Willard and seconded by Vernon Ausen to acknowledge the May -38, 1970 letter of the Brooklyn Center Fire Department and approve the Fire Department Relief Association investment. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to establish the annual Board of Review meeting for July 7, 1970 at 7 :30 P. M. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time the City Manager recommended that the City Council approve Change Order E -1 relative to the Civic Center and consisting of a $4500 contract reduction in the electrical contract for a light fixture substitution and for the substitution of aluminum wire for copper wire in service leads. Motion by Theodore Willard and seconded by Howard Heck to approve Change Order E -1 consisting of a $4500 contract reduction in the electrical contract for the Civic Center. Voting in favor were: Philip Cohen, John Lary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Pursuant to the provisions of Chapter 2 of the City Ordinances the City Manager recommended that the Council authorize the appropriation of certain items of unclaimed property listed in the Police Department memorandum of May 18, 1970. Motion by Vernon Ausen and seconded by John Leary to authorize the appropriation of unclaimed property as listed in the Police Department memorandum of May 18, 1970. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time the City Manager reviewed for the Council the September 15, 1969 commitanent to reopen public hearings relative to installing water main and street surfacing in Camden Avenue North between 55th and 57th Avenues and in 56th Avenue North from 135 feet west of Camden Avenue to 4th Street. Following Council discussion, a motion was made by Howard Heck and seconded by Theodore Willard to reopen the public hearing on June 8, 1970 for water main improvement project and street improvement project along Camden Avenue North between 55th and 57th Avenues and in 56th Avenue North from 135 feet west of Camden Avenue to 4th Street. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -1- Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -61 RESOLUTION ACCEPTING BIDS FOR FURNISHING AND DELIVERY OF COLD WATER METERS 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. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -62 RESOLUTION AMENDING RESOLUTION NO. 69 -230 REIATIVE TO ANIMAL CONTROL RATES 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 next item for consideration by the Council was a draft ordinance amending Chapter 11 relative to liquor licensing. The City Manager explained to the Council the inequity of the provision in the present liquor licensing ordinance relating to the commencement date for computation of a liquor license fee. A motion was made by Theodore Willard and seconded by Howard Heck to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 11 PXIATIVE TO LIQUOR LICENSING Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 69065 submitted by Lecon Properties requesting rezoning from R -3 to the R -5 classification that property commonly described as a vacant land area between the Velie Oldsmobile dealership and France Avenue North. Following a historical overview of said application by the City Manager Mayor Cohen called upon the applicant and affected property owners for their comments. Council members noted written property owner objections that were submitted to the Planning Commission on January 8,: 1970. There followed a lengthy discussion among members of the City Council, applicant, and affected property owners. Concern was expressed by some members of the Council regarding the Impact of R -5 zoning on a neighboring residential property pocket to the south and conversely, the impact of the existing R -3 zone on the school district because of the potential large number of children of school age. The applicant contended that there is no market for townhouses in the subject area and that the property offers no amenities for a townhouse project. Mayor Cohen commented that possibly a professional planner should examine all R -3 zones in the City as well as the subject application in view of the fact that there is a demand to rezone R -3 zones to a higher multiple use. Councilman Willard stated that the application should be denied, but that the Planning Commission should re -study the subject area and advise the applicant. Councilman Ausen recommended that the matter should be referred to the Planning Commission in order for that Commission to establish criteria for the development of the property, noting that the Commission has recognized and accepted the A -5 zoning classification as a transitional use between commercial and single family developments subject to resolution of traffic generated by an R -5 use. -2- Following additional Council comments, a motion was made by Theodore Willard and seconded by Howard Heck to deny Planning Commission Application No. 69065 submitted by Lecon Properties requesting rezoning from R -3 to the R -5 classification because said application is Inconsistent with the Comprehensive Plan. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. A motion was made by Vernon Ausen and seconded by John Leary requesting that the Planning Commission study the R -3 zoning classification to establish guidelines and criteria for R -3 districts and to specifically study the area west of France Avenue between 69th Avenue and the freeway to determine If it is consistent with Comprehensive Plan goals for R -3 development and, if not, to recommend otter development which would be appropriate, all with the aid of a consultant, if necessary. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The next item of business to be considered by the Council was Planning Commission Application No. 70002 submitted by Arrow Developers requesting rezoning from 0--1 to R -1 a vacant Twin Lake peninsula parcel commonly described as lying south of Eckberg Drive extended and west of the properties on the west side of East Twin Lake Boulevard. Following an overview by the City Manager Mayor Cohen recognized Mr. Terrence Fruth, an attorney representing the applicant, Mr. Fruth requested that the applicant's preliminary plat approval application for the same vacant land area, last considered by the Planning Commission on March S 1970, also be considered this evening by the City Council. The Council concurred on the applicant's request that Application No. 70001 be considered concurrently with Application No. 70002. Following comments from the applicant and the City Attorney, the City Manager informed the Council that the subject property is in process of being acquired under a second HUD Open Space program and that funds have been appropriated therefor. Motion by Theodore Willard and seconded by John Leary to deny Application No. 70001 submitted by Arrow Developers, Inc, requesting preliminary plat approval because the City of Brooklyn Center is in the process of acquiring said land and said platting would be superfluous. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next returned to Planning Commission Application No. 70002 submitted by Arrow Developers, Inc, requesting rezoning from 0-1 to R -1. A motion was made by Theodore Willard and seconded by John Leary to deny Application No. 70002 requesting rezoning from 0-1 to R - -1 because the City of Brooklyn Center is in the process of acquiring said land and that the rezoning of said parcel would be superfluous. Voting in favor were Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council recessed at 9 :20 P. M. and resumed at 9 :37 P. M. The City Manager recommended and the Council concurred in reviewing the following Planning Commission applications in their entirety and then later to act on each application individually. The City Council received a review of all Planning Commission actions on the following Planning Commission Applications: 69016 (rezoning from I - -1 to C -2); 70020 (preliminary plat); 70019 (site and building plans); 70022 (special use); said applications all relating to a Holiday Inn Motel proposal, The Council discussed each of the applications with the City Manager and applicant, Mr, Pringle, Topeka Inn Management Inc. Vice President and General Counsel, and Don Perrenoud, architect representing Watson Construction Co., and Steve Krogness representing B.C.I. P. -3- Motion by Vernon Ausen and seconded by John Leary to approve Planning Commission Application No. 69016 submitted by D. Gustafson requesting rezoning from I -1 to the C classification property generally located in the southwest corner of 65th and Humboldt Avenue North. Voting in favor were: Philip Cohen, John Leary, Vernod Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to approve -Planning Commission Application No. 70020 submitted by Brooklyn Center Industrial Park for preliminary plat approval of part of Outlot C and Outlot F. Twin Cities Interchange Park Addition with the following conditions: 1. That Lot 1 of Block 1 be changed to an outlot or that a 60 ft, access be provided across the property; 2. That east - west James Avenue be designated as 67th Avenue North. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Vernon Ausen to approve .Planning Commission Application No. 70022 submitted by Holiday Inn Motel requesting a special use permit for the operation of a motel in a C -2 zone and also acknowledging that the special use permit covers live entertainment as listed in Section 35 -322.3 (d) of the Ordinances. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to approve Application No. 70019 relating to site and building plans for a 155 unit Holiday Inn Motel, including a commercial area containing a dining room, two banquet rooms and a cocktail lounge with the following conditions: 1 Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 2. Utility and drainage plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 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; 4. Installation of "T" shaped concrete driveway islands; S. Installation of a fire sprinkler system in the commercial building; 6. That six additional parking spaces be provided on the western boundary and that certain parking spaces be deleted in front In order to accommodate "T" shaped concrete driveway islands; 7. That the ingress and egress entrances may be widened to 30 ft. and tapered to 24 ft.; �. That a landscape planting schedule be provided showing additional plantings on the easterly and southerly perimeters. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 70021 submitted by Brooklyn Center Development, Corp, requesting a setback variance and site and building plan approval for two proposed industrial buildings on that property commonly described as 6530 and 6540 James Avenue No. �4- Following an overview by the City Manager and comments from the applicant, Steve Krogness, a motion was made by Theodore Willard and seconded by Howard Heck to approve that part of Application No. 70021 relating to a variance from the ordinance requiring 100 ft. setback because existing conditions are unique to this property and not similar to other properties in the City, and consequently, a hardship would be created if the ordinance were literally invoked. Voting in favor were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Vernon Ausen to approve that part of Planning Commission Application No. 70021 requesting site and building plan approval subject to the following conditions; 1. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 2, 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 plans submitted; 3. Utility and drainage plans are subject to the approval of the City Engineer; 4. Installation of underground sprinkler system; 5. That all roof vents and mechanical equipment on the roof be screened; 6. That a masonry wall be provided at the west end between the two buildings; 7. That a landscape planting schedule be provided showing additional plantings along the north lot line to extend to the west end of the Berean Church property, Voting in favor were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. The next item for Council consideration was Planning Commission Application No. 70016 submitted by Hage Construction Company requesting a variance on front yard setback requirements and site and building plan approval for a S & H Redemption Center on property commonly described as the southeast corner of the intersection of Northway Drive and Xerxes Avenue North. After review of said application by the City Manager, the Council discussed the applicant's proposed legal instrument consisting of deed restriction filed against the subject property restricting its use to a stamp redemption center or such other use comprehended by the C -1 zoning classification. The applicant, Arthur W. Hage, had submitted copies of a letter dated May 21, 1970, addressed to Mr. Jack Rice of the Dayton Development Co, regarding such a deed restriction, It was the advice of the City Attorney to table the subject application for one week to permit legal review. Motion by Howard Heck and seconded by Jehn Leary to table Planning Commission Application No, 70016 requesting a variance on front yard setback requirements and on site and building plan approvaLfor an S & H Redemption Center in order to allow the City Attome time to review the proposal of the applicant to limit said property to a stamp redemption center or !other uses comprehended by the C -1 zoning classification. It being the general consensus of the Council that there were no major objections to the remainder of the applicant° s petition, Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously, -5- The last item of business to be considered was Planning Commission Application No, 70017 submitted by Glad and Miller requesting site and building plan approval, consistent with rezoning Application No. 68018. This property Is bounded by T. H. 100, Lakeside Avenue and Dower Twin Lake. The City Manager thoroughly reviewed for the Council the past history of the Glad and Miller applications (including Planning Commission Application No. 68018) and along with the applicant, Mssrs. Glad and Miller, explained site and building plans to the City Council. At this time the City Manager suggested that the Council first consider an ordinance amending Chapter 35 to rezone said applicant's property consistent with the Council Resolution No. 69 -109 dated March 10, 1969. A motion was made by Howard Heck and seconded by John Leary to declare a first reading on the following ordinance; AN ORDINANCE AMENDING CHAPTER 35 RELATIVE P TO 0-2 AND R _ZONING DISTRICTS Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Vernon Ausen and seconded by Theodore Willard to approve Planning Commission Application No. 70017 submitted by Glad and Miller requesting site and building plan approval subject to the following conditions: 1. That in the future , if direct access to T. H. 100 at Indiana Avenue is shut off, that a substitute access to T. H, 100 be provided by a new street to be located between Azelia Avenue and France Avenue North and meeting Lakebreeze Avenue; 2. That building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. Utility and drainage plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 4. 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; 5. That a landscape planting schedule be presented indicating adequate plantings on the northern part of the subject property along Lakeside Avenue; 6. That the property must be platted; 7. That site and building plan approval be contingent on the developer transferring title to the City for the ripen space west of the subject property and abutting Lower Twin Lake. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Council was next presented with the May 22, 1970 Equipment Rental Report relating to Capital Dnprovement Projects. At this time the City Manager presented the City Council with a Walkway Network Plan.Report prepared by James Merila, Director of Public Works and dated May 8, 1970. The City Manager commented that the report constitutes primarily the technical phase and that at a later date the Council will be presented with proposed methods of financing the walkway plan. The City Manager next reported to the Council that the NCR accounting machine in the Finance Department needs repairs to the extent of $1,877. He also acknowledged that the staff and Council members have received copies of a report by Midwest Planning and Research on review of a rezoning requested by Bryant Investment (Planning Commission Application No. 69005) and considered by the on May 26, 1969. Mayor Cohen asked Councilman Willard to review said report and to report back to the City Council with his comments . �6w The City Manager next recommended salary adjustments for policemen:. John Gunderson and William Dingmann. Following a discussion of the recommenda- tion a motion was made by Theodore Willard and seconded by john Leary to adjust the base salaries of Patrolmen john Gunderson and William Dingmann to $870 per month effective June 1, 1970. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none, (Vernon Ausen abstained), Motion carried, The City Manager next recommended a salary adjustment for Administrative Assistant Bambridge Peterson, Following discussion, a motion was made by Howard Heck and seconded by Theodore Willard to adjust the salary of Bambcidge Peterson to $820 per month effective rune 1, 1970:. Voting in favor were; Philip Cohen, john Leary, Howard Heck and Theodore Willard. Voting against were: none. (Vernon Ausen abstained). Motion carried. Motion by Theodore Willard and seconded by Howard Heck to approve the following licenses: Food Establishment License T.J.'s 5532 Osseo Road. Gas PipW l,icense f Fleming Sheet Metal 3525 Raleigh Ave. So. Swenson Heating & Air Cond, 6648 West Broadway Heating and Air gondi,� ioning License Air Comfort, Inc. 3300 Gorham Avenue Cronstroms Heating 4410 Excelsior Blvd, Fleming Sheet Metal 3525 Raleigh: Avenue So. Geo. Sedgwick Heating 1001 Xenia Ave. So. Swenson Heating & Air Cond. 6628 West Broadway Non- Perishable Food Vending Machine License - r Pat -Nik, Inc. 3521 Elm Lane Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Prior to adjcu rnment Councilman Willard requested that the City Manager examine the possibilities and ramifications of pursuing community renewal and rehabilitation by municipal acquisition of marginal property, rezoning said property, and causing redevelopment of the rezoned property. Motion by Howard Heck and seconded by john Leary to adjourn the meeting. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. The Council meeting adjourned at 12;26 A, M, Clerk Mayor +7-