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HomeMy WebLinkAbout1970 09-14 CCM Regular Session r Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota September 14, 1970 The City Council met in session and was called to order by Mayor Philip Cohen at 7 :31 P. M. Roll Call: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Also present were: Donald Poss, Paul Holmlund, James Merila, Jim Hasslinger, Richard Schieffer, Tom Loucks, Thomas O'Hehir and B.E. Peterson. Motion by Vernon Ausen and seconded by Howard Heck to approve the minutes of the August 31, 1970 meeting as submitted. Voting in favor were Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to release the performance bond for the Northwestern Bell Telephone Co. (65th and Dupont Avenues North, Planning Commission Application No. 68029) in the amount of $625.00. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Vernon Ausen to release the cash escrow deposit of the European Health Spa (2920 County Road 10, Planning Commission Application No. 68029) in the amount of $1500. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -166 RESOLUTION AUTHORIZING ELECTRICAL WORK AT PARK SHELTER BUILDINGS 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Ausen inquired and been assured regarding municipal insurance liability relative to the agreement and regarding operational policies to be developed by the Managers of Crystal and Brooklyn Center for recommendation to respective City Councils. Motion by John Leary and seconded by Vernon Ausen to authorize the Mayor andCity Manager to execure an agreement with the Metrpolitan Airports Commission to lease approximately 40 acres of the Crystal Airport area as an environmental park under the cooperative agreement of the cities of Crystal and Brooklyn Center and MAC for a fee of $1. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. The City Manager next reported to the Council that he has received reports from the Park and Recreation Director and the Deputy Police Chief regarding numerous improper activities by non -local youth at Wangstad Parka He recommended to tae Council the need to post and establish curfew hours at the park in order to curtail the improper activities. Motion by Howard Heck and seconded by John Leary to authorize the posting of Wangstad Park under the provisions of Section 13 -201 of the City Ordinances. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. -1- F l- The City Manager related to the Council that the Fire Department has received a permit from the Minnesota Pollution Control Agency to conduct a fire drill at a vacant house near the new East Side Fire Station in Firehouse Park along 65th Avenue North. He recommended that the Council authorize such a fire drill. Motion by John Leary and seconded by Howard Heck to authorize a fire drill at the vacant house in Firehouse Park. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. Member Vernon Ausen introduced the following resolution and moved Its adoption: RESOLUTION NO. 70 -167 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (BITUMINOUS PAVING FOR NEW CITY HALL & COMMUNITY CENTER PARKING LOTS) 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 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. 70-168 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONCRETE CURB & GUTTER & SIDEWALK FOR NEW CITY HALL AND COMMUNITY CENTER PARKING LOTS)'' 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Willard arrived at 7 :58 P.M. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -169 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM ,(,CONTRACT 1970 -C) The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -170 RESOLUTION TO REQUEST THE HENNEPIN COUNTY AUDITOR TO CANCEL PENALTIES ON DELINQUENT SPECIAL ASSESSMENTS ON BROOKLYN CENTER SCHOOL DISTRICT NO. 286 LAND -2- 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 Mayor announced that the meeting was open for the consideration of proposed Sanitary Sewer Improvement Project No. 1970 -21. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on September 10, 1970, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -171 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT PROTECT NO, 1970 -21 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 Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1970 -22. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on September 10, 1970, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -172 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO, 1970 -22 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. The Council next considered Planning Commission Application No. 70045 submitted by Standard Solvents requesting a variance on a side yard setback and site and building plan approval for property commonly described as being located at 4906 France Avenue North, The City Manager stated that the application was reviewed by the Planning Commission at its August 6, 1970 meeting and by the City Council at its August 31, 1970 meeting at which time the Council tabled said application In order to permit staff review of potential fire hazards. in response to the Council's request the Fire Chief, in a letter to the City Manager dated September 12, 1970, suggested four specific recommendations which would alleviate the hazards of highly flammable solvents to the applicant and community. -3- Staff member Tom Loucks then illustrated the location of the applicant's property and recommended to the Council that the proposal should meet certain site conditions as required by the Zoning Ordinance. During review of the site and building plans the applicants, Bruce Sandberg and David Heegaard, commented to the Council that they would concur in meeting ordinance site requirements. After considerable discussion of the proposal Councilman Willard stated that this application appears to have a number of loose ends which should be firmed up in order for the Council to approve the application. It was suggested that the applicant establish a schedule indicating when each phase of the proposal will occur. Mr. Sandberg concurred that such a schedule would be possible. Mayor Cohen summarized Council comments by stating to the applicant that when the application is brought up to zoning standards and a development schedule presented the Council will again review this application. Motion by john Leary and seconded by Vernon Ausen to table Application No. 70045, with the applicant's concurrence, and to remand the proposal to the Planning Commission to: 1 Consider the zero side yard setback ramifications as proposed by the applicant; and 2. Allow the applicant to develop cost studies and a phasing schedule for the proposal. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 9 :42 P. M. and resumed at 9:54 P. M. The Council next considered Planning Commission Application No. 70051 submitted by the U -Haul Company for Bob Johnson's Texaco station for a special use permit for truck and trailer rentals to be conducted at 6810 Osseo Road. Following a review of the application by the City Manager and illustration by staff member Tom Loucks, a motion was made by Howard Heck and seconded by Theodore Willard that Application No. 70051 submitted by Bob Johnson's Texaco station be approved for a special use permit with the stipulation that the maximum number of vehicles be limited to six trucks and twelve trailers and with the display area at the front of the building line not to have more than one truck nor more than three trailers at any one time, and further, that the special use permit be reviewed on an annual basis. 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. 70052 submitted by Eckberg and Witry requesting a variance from the subdivision regulations, Section 15 -104. The property is commonly located at 6724 and 6718 Ewing Avenue North. A review of the application was presented by the City Manager and illustrated by Tom Loucks. Motion by Theodore Willard and seconded by Vernon Ausen to approve Application No. 70052 submitted by Eckberg and Witry requesting a variance from the subdivision regulation Section 15 -104. 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. 70053 submitted by Thomas Construction Co. requesting site and building plan approval for 128 apartment units to be constructed at 69th and Lyndale Avenue North and requesting a three foot side yard setback variance. -4- r The proposal was reviewed by the City Manager and illustrated by Torn Loucks. Mr. Loucks presented site and building plans to the Council and explained each of the suggested Planning Commission conditions for plan approval stating that if the City vacates 9 feet of a 60 foot utility easement, the applicant could move the building eastward and avoid the need for a three foot side yard variance. During this review the applicant, Thomas Barrett, answered questions from individual Councilmen. Motion by Theodore Willard and seconded by John Leary to approve Application No. 70053 submitted by Thomas Barrett requesting site and building plan approval for 128 apartment unit subject to the following conditions: 1. A 50 ft. front yard setback be adhered to on 69th Avenue North; 2. The City of Brooklyn Center vacate 9 ft. of a 60 ft. utility easement located on the property to allow the applicant to move the building on the south portion of the lot eastward, thus negating any need for a side yard variance; 3. A 35 ft. setback be adhered to on 70th Avenue North; 4. The private road be narrowed to 24 ft, and curbed with concrete curbing; 5. The easterly and westerly portions of the parcel be adequately screened to provide an adequate buffer for residential property; 6. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 7. Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of the building permit; 8. 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 to the City. 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. 70054 submitted by Rige Investment Co. on behalf of Allied Blacktop Co. for a height and setback variance for a fence located at 3601 - 48th Avenue North. The application s Th wa reviewed by the City Manager and illustrated by Tom Loucks, who explained that the applicant has also submitted landscape plans to the staff. Motion by Vernon Ausen and seconded by Howard Heck to approve Application No. 70054 submitted by Rige investment Co. for height and setback variance for a fence located at B. L. S. 1023, Tract JH because If the applicant is required to remove the fence back to the 35 ft. requirement it would essentially negate the use of the 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. 70048 submitted by Viewcon, Inc. requesting rezoning from R -5 to C -2. The property is commonly located at 5801 Major Avenue North. The City Manager summarized the past Planning Commission actions regarding this application noting that the Commission's action of September 3, 1970 recommended approvalb the Council of the rezoning on the basis that it was a reasonable use of the land and should be looked upon favorably as part of a unit development subject to an Attorney's opinion regarding the legal ramifications of the rezoning. -5- After a discussion among the Council a motion was made by Vernon Ausen and seconded by Theodore Willard to table Application No. 70048 until October 19, 1970 in order to allow the City Attorney to prepare an opinion on the consequences of rezoning said area. 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 Howard Heck to approve the following licenses: Itinerant Food Establishment License Brooklyn Center Youth Football Grandview Park Brooklyn Center Historical Society 5901 Osseo Road Non- Intoxicating Malt Liquor "On -Sale" License Brooklyn Center Youth Football Grandview Park Garbage and Refuse Hauling Vehicle License Peterson Bros. Sanitation, Inc. Cedar, Minnesota 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 Willard to authorize the Mayor and City Manager to execute an agreement between Hennepin County and the City of Brooklyn Center providing for a County grant of $17,950 of Lakes Improvement Funds to the City of Brooklyn Center for the acquisition of seven parcels of property on Upper and Lower Twin Lakes. 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 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 11 :12 P.M. e Mayor -6-