HomeMy WebLinkAbout1970 06-22 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
June 22, 1970
The City Council met in session and was called to order by Mayor
Philip Cohen at 7 :33 P. M.
Roll Call: Philip Cohen, John Leary, Vernon Ausen and Theodore Willard.
Also present were: Donald Poss. Paul Holmlund, James Merila, Richard Schieffer,
Thomas Q'Hehir, Jean Murphey, Allen Lindman and B.E. Peterson.
Motion by Vernon Ausen and seconded by Theodore Willard to approve
the minutes of the June 1, 1970 meeting as submitted. Voting in favor were:
Philip Cohen, John Leary, Vernon Ausen and Theodore Willard. Voting against
were: none. Motion carried unanimously.
Councilman Howard Heck arrived at 7 :35 P. M.
Motion by Theodore Willard and seconded by John Leary to approve
the minutes of the June 8, 1970 meeting as amended. Voting in favor were:
Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard.
Noting against were: none. Motion carried unanimously.
Motion by Howard Heck and seconded by John Leary to approve the
rate adjustment for Town Taxi Co. consisting of an increase in flag throw of
$.45 to $.55 and mileage rate from $.35 to $.40 per mile. Voting in favor were:
Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard.
Voting against were: none. Motion carried unanimously.
Following the City Manager's explanation of a performance bond release
request from Northwestern Bell Telephone Co. a motion was made by John Leary
and seconded by Howard Heck to table consideration of the release of the
performance bond in the amount of $625.00 in order to allow the City Engineer
to contact Northwestern Bell Telephone Co. regarding deficient sodding resulting
from their construction project along 55th and Morgan Avenue North. Voting in
favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore
Willard. Voting against were: none. Motion carried unanimously.
Councilman Willard introduced a research proposal submitted by
Mr. John Homme, science teacher at the Robbinsdale Jr. High School. Mr. Willard
explained that this proposal comprehends measuring the level of phosphates,
nitrate and sulphates chromates, and chloride in Twin lakes. He further
stated that the study will cost $600 of which the City of Brooklyn Center is being
asked to contribute $200. During the discussion of the proposal, Councilman
Ausen commented that he did not read the report because he did not see it
listed on the agenda; however, he did ask Mr. Homme to explain what practical
uses could be made from such a technical report.
Following additional comments from each of the Councilmen a motion
was made by Theodore Willard and seconded by Howard Heck to authorize the
City Manager to enter into an appropriate agreement with the City of Crystal
and the City of Robbinsdale to the extent of $200 to finance a water quality
study of Twin Lakes as proposed by Mr. John Homme, science teacher at
Robbinsdale Jr. High School. Voting in favor were: Philip Cohen, John Leary,
Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none.
Motion carried unanimously. Councilman Willard left the meeting at 8 :01 P. M.
The Council next considered Planning Commission Application No. 70029
submitted by Arthur Kvamme for Madsen Floral Co. requesting rezoning from
R -1 to R -4 that property commonly described as being located at 715 - 56th
Avenue North. This area was previouslconsidered by the Planning Commission
and the City Council in April, 1960 and known as Application No. 60108.
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Following an overview by the City Manager and comments from the
.applicant Arthur Kvamme, Mayor Cohen recognized affected property owners.
(During this discussion Councilman Willard returned at 8 :16 P.M.)
Following comments from the affected property owners and individual
comments from Councilmen a motion was made by Theodore Willard and seconded
by Vernon Ausen to deny Ph nning Commission Application No. 70029 submitted
by Arthur Kvamme for Madsen Floral Co. requesting rezoning from R -1 to R -4
because said application is not consistent with Comprehensive Plan goals and that
such a change of land use would be considered spot zoning. Voting in favor
were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore
Willard. Voting against were: none, Motion carried unanimously.
Consistent with the abate discussion a motion was made by Howard Heck
and seconded by john Leary to instruct the City staff to cooperate with and
assist the area property owners by providing information and advice leading
toward development of an over -all land use plan for the subject lands,
Voting in favor were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck
and Theodore Willard. Voting against were; none. Motion carried unanimously.
Prior to the next Planning Commission application Councilman
Willard left the meeting at 8:59 P. M.
The Council next considered Planning Commission Application No. 70025
submitted by David Fore requesting a variance on side yard setback in order
to permit a detached garage to be set back 18 ft. from the lot line instead of
25 ft, as required for corner lots. The property is located at 5602 James Ave. No.
Following a review of the application by the City Manager and discussion
with the applicant, David Fore, and comments from individual Councilmen a
motion was made by Howard Heck and seconded by John Leary to approve
Planning Commission Application No. 70025 submitted by David Fore because
the applicant had in good faith contacted to have his existing garage removed
by others in anticipation of erecting a new garage in essentially the same
location, further, the Council recognizes precedents in the immediate neighborhood,
Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck,
Voting against were: none. Motion carried unanimously.
The meeting recessed at 9 :17 P. M. and resumed at 9:35 P. M. at which
time Councilman Willard returned to the meeting.
The next item for Council consideration was Planning Commission
Application No. 70026 submitted by Marvin Elsen requesting a variance on;
(1) lot width from 75 ft, to 40 ft.; (2) lot area from 9,500 sq. ft, to 5,120 sq. €t.;
(3) side yard setback from 10 ft. to 7 ft. in order to permit construction of a
26 €t. x 40 ft. single family dwelling on a substandard lot; said property located
at 5431 Emerson Avenue North.
l i Following a review of the application by the City Manager and
discussion with the applicant, a motion was made by John Leary and seconded
by Theodore Willard to approve Application No, 70026 submitted by Marvin
Elsen requesting a variance because the lot was originally platted as a
40 ft. parcel and it cannot be enlarged by acquisition of occupied abutting
property. 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. 70033
submitted by L. A. Jacobson requesting a variance on side yard setback from
10 ft. to 6 ft. in order to allow the owner to extend his family room; said
property located at 3200 Lawrence Road.
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Following a review of the application by the City Manager and
discussion with the applicant, L. A. Jacobson, and discussion among Council
members, a motion was made by Vernon Ausen and seconded by Howard Heck
to approve Application No. 70033 requesting a variance on side yard setback
from 10 ft, to 6 ft. because there already exists an attached garage with a
6 ft, setback and the family t<oom addition will not impair the existing conditions.
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. 70023
submitted by Super Valu requesting a curb cut 178 ft. south of Northway Drive
off Xerxes Ave. No. on property commonly described as being located at
5801 Xerxes Ave. No.
The City Manager reviewed the application with the Council pointing
out that officials of Super Valu have recently hired an engineering consultant
In order to study the ramifications of the proposed entrance. He pointed out
that the site was originally intended to be served entirely from Northway Drive,
but that he had authorized a temporary driveway opening off Xerxes Avenue to
serve the Super Valu grand opening. He stated that initial engineering data
indicates that the Xerxes Avenue entrance is not immediately needed to serve
the traffic volumes generated by Super Valu, but that he was prepared to
recommend that the temporary driveway entrance off Xerxes Avenue be permitted
to exist until April 1, 1971 to allow collection of additional engineering data.
He futher recommended that since the driveway entrance was specifically
omitted from the initial site and plan approval, the evaluation of any such
additional, engineering data be conducted in terms of the effect on Super Valu
operations and not in terms of the effect on Xerxes Avenue. Mr. Charles Dugan,
Director of Store'' Development, for Super Valu stated that Super Valu would
appreciate having until April 1, 1971 to allow time for additional engineering
study and stated that Super Valu would stipulate that the time extension for
the temporary entrance would not prejudice the City's right to eventually cause
the driveway entrance to be closed; he offered to submit an official document
to that effect. Mr. Dugan also commented that Super Valu did not, however,
Intend to waive its right to make a future appeal to the Planning Commission
and City Council for the driveway opening.
Following extensive Council discussion a motion was made by
John Leary and seconded by Vernon Ausen to instruct the City Manager to develop
a draft resolution regarding Super Valu's request and establishing conditions for
an extension of the Xerxes Avenue entrance until April 1, 1971. 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 considered by the Council was Planning Commission
Application No. 70035 submitted by Rauenhorst Corp. on behalf of the
State Farm Insurance Co.,, requesting site and building plan approval for
a claims office on property commonly described as being located at 5930 Shingle
Creek Parkway.
The City Manager reviewed the application and discussion ensued with
Mr. James McShane of Rauenhorst Corp. It was the consensus of the Council
that the applicant install an underground irrigation sprinkler system and that
the staff draft an ordinance amending the zoning code to require the installation
of an underground sprinkler system in the Brooklyn Center Industrial Park.
Mr. Gary Lugas of State Farm stated his objections to the Council for the need
to install an underground irrigation sprinkler system.
Motion by Howard Heck and seconded by Theodore Willard that
Application No. 70035 submitted by Rauenhorst Corp. on behalf of State Farm
Insurance Co.,, requesting site and building plan approval for an office building
be approved subject to the following conditions:
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1. Utility and drainage plans showing elevations must be presented
for approval to the City Engineer and he must also approve
overall site elevations;
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;
4. Any mechanical equipment and vents on the roof shall be
adequately screened;
5. Outside solid waste disposal containers, if any,, shall be
adequately screened subject to the approval of the Building Inspector,
6. The parking lot must be enlarged by three feet to meet
Section 35 -702 requirements;
' 7. Installation of "T" shaped concrete driveway islands of a design
to be approved by the City Engineer;
8. Installation of an underground sprinkling system to be approved
by the City Engineer.
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 Councilman Willard asked members of the City Council
to consider a resolution opposing the concept of private non - public Council
meetings as proposed by Councilman Vernon Ausen. Following a reading of
said resolution Councilman Ausen requested that the Council defer this
resolution because it was not on the agenda and because he desired an opportunity
to develop a written response.
Member Theodore Willard introduced the following resolution
and moved its adoption:
RESOLUTION NO. 70 -74
RESOLUTION OPPOSING THE CONCEPT OF PRIVATE NON- PUBLIC
COUNCIL MEETINGS AS PROPOSED BY BROOKLYN CENTER CITY
COUNCILMAN, MR. VERNON AUSEN
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, Howard Heck and Theodore
Willard; and the following voted against the same: none, (Vernon Ausen
abstained) whereupon said resolution was declared duly passed and adopted.
Councilman Ausen, having earlier informed the Mayor of a prior
commitment, left the meeting at 10 :50 P. M.
The next item for Council consideration was Planning Commission
Application No. 69035 submitted by Shopper's City requesting plan approval
for remodeling and store additions to the cooler area, food receiving,, main
receiving, and east end of the existing building. A previous Application
No. 68066 approved additions to the meat cooler area, food receiving and main
receiving area; however, Application No. 69035 comprehends an increase in
the size of the food receiving and main receiving areas, and includes an
addition to the east end of the building. Application No. 69035, in effect,
nullifies Application No. 68066 for which neither a performance agreement
was executed nor a building permit was issued. The property is commonly
described as being located at 3600 - 63rd Avenue North.
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The City Manager presented a review of the application and, together
with a representative of the applicant, Mr. Udlis Treibergs, architect with
Baker Associates, Inc. reviewed with the Council the site and building plans
for remodeling the exterior and interior of Shopper's City, Following this
extensive review, a motion was made by John Leary and seconded by Howard Heck
to approve Planning Commission Application No. 69035 submitted by Shopper's
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City requesting site and building plan approval subject to the following conditions:
1. The parking lot shall be resurfaced to the equivalent quality
and capacity as set forth by ordinances and subject to the approval
of the City Engineer. This work shall be included as part of
site improvements to be completed with the proposed store addition;
2. Parking lot, drainage plans, including the drainage of air
conditioner water on the north side of the building, shall be
submitted and subject to the approval of the City Engineer;
3. Parking lot perimeter curbing shall be installed on the south
and west side of the parking lot when the parking lot is
resurfaced and parking stalls shall be painted as specified
by the Zoning Ordinance;
4. The traffic recommendations made in 1961 by Bather and
Associates will be continued as illustrated in the parking
layout plans; including delineation of traffic lanes and
parking areas by the installation of poured -in -place concrete
curbing as approved by the City Engineer;
5. A variance to Section 35 -711 of the ordinance shall be approved
so that for traffic safety's sake, no additional screening will
be installed along 63rd Avenue North or Osseo Road;
6. 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;
7. That the approval of the site and building plans does not.
include any approval for exterior signs.
Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard.
Voting against were: none. Motion carried unanimously.
The last application considered by the Council was Planning Commission
Application No. 69049 submitted by Peterson and Associates requesting a
special use permit for a nursing home which would be located in the southeast
corner of 55th and Bryant Avenue North. The City Manager reviewed events
relative to this application and commented that the Council referred this
application back to the Planning Commission on December 15, 1969 whereupon
the Planning Commission at its May 28, 1970 study session reconfirmed its
original recommendation to the City Council. The original recommendation
was that said application be denied because 55th & Bryant Avenues were not
collector streets. The City Manager stated that upon further discussion with
the Planning Commission at its regular session of June 4, 1970 that the
Planning Commission directed the City staff to develop comprehensive studies
on the development and operational standards for nursing homes. He further
stated to the Council that these studies are now underway and they have not
yet been completed. Mayor Cohen then recognized the applicant, Mr. Arnold
Peterson, who, upon further discussion with the Council, agreed to have the
Council table his application for a period of sixty days.
Motion by Howard Heck and seconded by Theodore Willard to table
Planning Commission Application No. 69049 submitted by Peterson Associates
requesting a special use permit for a nursing home at 55th & Bryant Avenue North
for a period of sixty days in order to allow the staff time to develop the appropriate
studies. Voting in favor were: Philip Cohen, John Leary, Howard Heck and
Theodore Willard. Voting against were: none. - Motion carried unanimously.
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Councilman Willard left the meeting at 11:48 P. M.
Member John Leary introduced the following resolution and
moved its adoption:
RESOLUTION NO. 70 -75
RESOLUTION AUTHORIZING THE MAYOR AND CITY' MANAGER TO
SIGN AGREEMENT WITH THE CITY OF BROOKLYN PARK RELATIVE TO
INTERCONNECTION OF SANITARY SEWERS
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 ard Howard Heck; 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. 70 -76
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO
SIGN A HIGHWAY LIGHTING MAINTENANCE AGREEMENT WITH
THE STATE OF MINNESOTA, DEPARTMENT OF HIG14WAYS
The motion for the adoption of the foregoing resolution was duly seconded
by member Howad Heck, and upon vote being taken thereon, the following
voted in favor thereof: Philip Cohen, John Leary and Howard Heck; 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 -77
RESOLUTION ACCEPTING QUOTATION FOR ELECTRICAL INSTALLATION
FOR DEEP WELL IMPROVEMENT PROJECT NO. 1970 -1C fWELL #7)
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 Howard Heck; 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. 70 -78
RESOLUTION AUTHORIZING TAKING BIDS FOR PAVING THE
PARKING LOOTS AND DRIVEWAYS OF THE EAST SIDE FIRE STATION
AND THE MUNICIPAL SERVICE GARAGE
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 and Howard Heck; 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. 70-79
RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT
NO. 1970 -5 AND STREET SURFACING IMPROVEMENT PROJECT NO.
1970 -6 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS
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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 and Howard Heck; 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 -80
RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT
NO. 1970 -7 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, and Howard Heck; 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 -81
RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT
NO. 1970 -8 AND SANITARY SEWER IMPROVEMENT PROJECT NO.
1970 -9 AND ORDERING PREPARATION OF PLANS ANP 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 and Howard Heck; 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. 70 -82
RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT
NO. 1970 -10, WATER MAIN IMPROVEMENT PROJECT NO. 1970 -11,
AND SANITARY SEWER IMPROVEMENT PROJECT NO. 1970 -12 AND
ORDERING PREPARATION OF PLANS AND SPECIFICATIONS
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 and Howard Heck; 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 -83
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSER
WATER MAIN IMPROVEMENT PROJECT NO. 1970 -5 AND STREET
SURFACING IMPROVE MENT PR_ OJEECT NO. 1970 -6
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 Howard Heck; and
the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
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Motion by John Leary and seconded by Howard Heck to declare
a first reading on the following ordinance:
AN ORDINANCE AMENDING CHAPTER 25 BY CHANGING NAMES
OF LUSHINE DRIVE AND SHEEHAN ROAD
Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting
against were none. Motion carried unanimously.
Motion by Howard Heck and seconded by John Leary to approve
the following licenses:
Bingo License
Brooklyn Center American Little
League 61st & Vincent Ave, No.
St. Alphonsus Church 71st & Halifax Ave. No.
Bulk Food Vending Machine License
Brookdale Super Valu 5801 Xerxes Ave. No.
Garbage & Refuse Collection Vehicle License
C & D Arneson Rt. 1, Box 136, Rogers
Gordon Rendering Co. 19 N.E. 14th Street
Maroney's Service Rt. 3, Box 30A
Arthur Wise, W & W Co. 1600 Oregon Ave. So.
Gas Piping License
Ideal Sheet Metal 4607 Lyndale Ave. No.
Keating & Air Conditioning License
Ideal Sheet Metal 4607 Lyndale Ave. No.
Well Drillers License
Wally Malenke Well Co. 9580 Quaker Lane
Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting
against were: none. Motion carried unanimously.
Motion
by Howard Heck and seconded by John Leary to approve
the final plat of the Brooklyn Center Industrial Park, Plat 2. Voting in favor
were: Philip Cohen, John Leary and Howard Heck. Voting against were: none.
Motion carried unanimously.
The City Manager next announced that Robert �utchison, Public Health
Sanitarian for the cities of Brooklyn Center, Crystal, and Golden Valley has
tendered his resignation effective July 15, 1970.
At this time the City Manager asked the Council to consider plans
for a prototype park shelter presented to the City Council July 9, 1969
at a capital improvements meeting by Cerny Associates. At that time it was
the consensus of the Council and CAAC favoring a 4 -sided pyramid park shelter.
The City Manager stated that the Park and Recreation Commission had
reviewed and approved the design. He recommended that the City act as its
own general contractor which would involve hiring tradesmen on the City payroll
at union scale; also involved would be renting necessary equipment. He
recommended that the costs for labor and equipment be met by the Capital
Projects Fund.
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Following discussion among the Council a motion was made by
John Leary and seconded by Howard Heck to approve the final design of the
park shelter and to authorize the City Manager to hire necessary skilled labor
and rent the necessary equipment to erect the park shelters with the funds
therefore to be appropriated from the Capital Projects Fund. Voting in favor
were: Philip Cohen, John Leary and Howard Heck. " Voting against were: none.
Motion carried unanimously.
Motion by Howard Heck and seconded by John Leary to authorize
the City Manager to have curbing installed around the exterior perimeter of
the liquor store at 63rd and'Osseo Road. Voting in favor were; Philip Cohen,
John Leary and Howard Heck, Voting against were: none. Motion carried
unanimously.
The City Manager announced that there is a need to create a street
assessment district in the Industrial Park and that in order to do so it will
be desirable for the Council to establish a rehearing date on July 13, 1970.
The Council acknowledged the Noble Avenue sidewalk (Project No. 1970 -3)
report, dated June 22, 1970 prepared by Public Works Director James Merila.
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Motion by John Leary and seconded by Howard Heck to adjourn the
meeting. Voting In favor were: Philip Cohen, John Leary and Howard Heck.
Voting against were; none. Motion carried: unanimously. The Council
meeting adjourned at 12;24 A. M.
Clerk Mayor
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