Loading...
HomeMy WebLinkAbout1970 11-09 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 November 9, 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, Vernon Ausen, Howard Heck and Theodore Willard. Also present were; Donald G. Poss, Paul Holmlund, James Merila, Richard Schieffer, Thomas O'Hehir, Tom Loucks and B.E. Peterson, The Reverend William Goodman of The Church of Nazarene offered the invocation. During discussion of the October 19, 1970 Council minutes John Leary arrived at 7 :33 P. M. Motion by John Leary and seconded by Theodore Willard to approve the October 19, 1970 minutes as corrected. 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 the October '26, 1970 minutes 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 Howard Heck and seconded by Vernon Ausen to approve the November 3, 1970 minutes as submitted. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were; none. (Councilman Willard abstained since he was absent.) Motion carried. Motion by Theodore Willard and seconded by Howard Heck to approve Change Order E -2 for the Municipal Service Garage consisting of a $371.00 addition to the electrical contract for wiring outside fuel supply pumps to the inside of the building. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were none. Motion carried unanimously. Motion b John e a Y J L ary and seconded by Theodore Willard to release the performance bond for Minnesota District, Church of the Nazarene (501 - 73rd Avenue North, Planning Commission Application No. 68034) in the amount of $1800.00. 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 Howard Heck to authorize a fire drill at 514 - 69th Avenue North. Voting in favor were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption; RESOLUTION NO. 70 -226 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN AN AGREEMENT FOR DIVISION OF MAINTENANCE RESPONSIBILITY ON 53rd AVENUE NORTH & XERXES AVENUE NORTH AS BOUNDARY STREETS BETWEEN BROOKLYN CENTER AND MINNEAPOLIS_, 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, ..1. i The Council next considered a resolution established Bridge Improvement Project No. 1970 -23 which consists of bridging Shingle Creek Parkway over Interstate Freeway 94. A discussion ensued regarding the necessity for the proejct and the proposed method of financing the project. The City Manager stated that the necessity consisted of the great desirability of providing an additional means for the community to cross the interstate freeway, the need to tie together the Industrial Park project, and the eminent need to provide convenient access to the impending Community Center for those residents north of the freeway. He informed the Council that recent evaluations disclosed that approximately two years would be required to process the bridge design through federal and state authorities and to construct the bridge. He also stated that it was his recollection that the Council had made an informal commitment during the preceding years that such a structure would be financed through State Aid Funds, the bridge being on a municipal State Aid street. Councilman Willard disagreed that a commitment had been made for use of State Aid Funds for the bridge; however, he did recollect that an infcrmal consensus of the Council arrived at during preceding years was that the City as a whole would benefit from the bridge and therefore should participate in its cost. Councilmen Heck and Leary and Mayor Cohen concurred that it had earlier been informally agreed that the bridge was a State Aid obligation. Following additional discussion it was determined to initiate the project and to further evaluate the financing method. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70-227 RESOLUTION ESTABLISHING BRIDGE IMPROVEMENT PROJECT NO. 1970 -23 AND ORDERING PREPARATION OF PLANS AND S�CIPICATIONS 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. Motion by Theodore Willard and seconded by Vernon Ausen to instruct the staff to call a public hearing to determine the method of financing Project No. 1970 -23 prior to any substantive expenditure except for design costs to the extent of determining a preliminary estimate of costs. During discussion of the main motion a motion was made by Howard Heck and seconded by John Leary to amend the main motion to provide that the purpose of the public hearing include the determination of need for the bridge. Voting in favor of the amendment to the main motion were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. The amendment to the main motion carried unanimously. Voting in favor of the main motion as amended were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. The main motion as amended carried unanimously. The Council next considered Planning Commission Application No. 70062 submitted by Joselyn Manufacturing Company requesting building plan approval and a variance from Section 3 -102.7 of the Building Code which requires an internal sprinkler system for buildings that are greater than 2, 000 -sq. ft. in floor area. The application was reviewed by the City Manager and site and building plans were presented by Tom Loucks, Mr. Loucks commented to the Council that the proposed structure would be a metal building used for the storage of steel materials and that the operation to be conducted is of a non - flammable nature. He further commented that no other buildings on the premises had sprinklers. Councilman Willard questioned if the Fire Chief and Fire Marshal had reviewed this application. Mr. Loucks stated that the Fire Marshal had been orally backgrounded on this application. -2- Motion by John Leary and seconded by Vernon Ausen to approve Application No. 70062 submitted by Joselyn Manufacturing Company for site and building plan approval and to approve a variance from Section 3 -102.7 of the Building Code for the following reasons: 1. The use of the building is intended for storage of non-- flammable materials; 2. No provisions were provided in the structure for heating or plumbing; 3. The nature of the business is such that the only flammable materials are outside d the building and the metal clad building renders the fire sprinkler system of questionable value; 4. The ordinance, when originally constructed, did not comprehend circumstances here present. During discussion of the main motion a motion was made by Theodore Willard and seconded by Howard Heck to delete provision No. 2 relating to heating and plumbing. Voting in favor of the amended motion were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were; none. The motion to amend the main motion carried unanimously. Voting in favor of the main motion as amended were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard, Voting against were: none. The main motion as amended carried unanimously. The Council next considered amended Planning Commission Application No. 70037 requesting approval of site and building plans for the second stage of a neighborhood shopping center on the southeast corner of 69th and Humboldt Avenue North, The City Manager Informed the Council that the first phase of this application was approved by the Planning Commission on July 2, 1970 and forwarded to the City Council July 13, 1970 when it was approved subject to ten conditions, Tom Loucks then presented the revised site and building plans to the Council for review. Follows ng a brief discussion a motion was made by Howard Heck and seconded by Theodore Willard to approve amended Planning Commission Application No. 70037 requesting approval of revised site and building plans for a neighborhood shopping center located at the southeast corner of 69th and Humboldt Avenues North subject to the following conditions; 1. Utility and drainage plans and adequate site elevations must be submitted to the City Engineer for approval; 2. The 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 -w , the 0 ty to guarantee site improvements as designated on the plans submitted; 4. Any mechanical equipment and vents on the roof shall be adequately screened; 5. Installation of concrete driveway islands of a design approved by the City Engineer; 6. Installation of curbing on the east side of the lot and south of Union Oil Service Station may be deferred for three years to give the applicant time for development of adjacent property subject to the following conditions: -3- a. Notwithstanding the above conditions, the City may require installation of curbing at any earlier time if deemed necessary; b. If, during this period of time, the adjacent area should develop with a plan that would not require a curb, and the City approve that plan, the City could waive the curb requirements in these areas; 7. Parking lot perimeter curbing, other than listed under item 6 shall be installed and parking stalls shall be painted, as specified in the Zoning Ordinance; 8. An approval of the application does not include approval of any signs; 9. All areas, including the rear and sides of the building, shall consist of decorative block or face brick in lieu of the concrete block shown on the plans; 10. Mansord roofing as shown on the plans shall be extended to include all areas of the roof including the rear and sides; 11. Prior to the issuance of a building permit, the applicant shall submit to the City a solid waste disposal plan, including screening, as well as showing provisions for the screening of loading areas. 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 that property located at 5801 lv.ajor Avenue North, The City Manager stated that he had received a communication from Viewcon, Inc. dated November 5, 1970 requesting that the subject application, which had been tabled indefinitely by the Council on October 19, 1970, be taken from the table and reconsidered. The applicant contended that the owner of the property with which he has been dealing has refused to extend the provisions of their purchase agreement. Mayor Cohen reviewed the reasons for the October 19th tabling and secured a consensus of Council members to permit the applicant to elaborate on his request. Charles Van Eeckhout, a representative of Viewcon, Inc:, presented arguments on behalf of the rezoning application and responded to questions relevant to the application and to the need for an immediate determination. Councilmen generally commented to the effect that the concept of neighborhood convenience facilities seemed to have merit, but that the ramifications of such a concept should be thoroughly studied by the Planning Commission and, if to be implemented, would require a modification of the Comprehensive Plan. It was inferred that an immediate determination on the application would be negative. In response to Mayor Cohen's inquiry, applicant Darrel Farr stated his concurrence with a continued indefinite tabling. Motion by Theodore Willard and seconded by Vernon Ausen to re -table Planning Commission Application No. 70048 for an indefinite time and with the concurrence of the applicant. Further, the staff is instructed to schedule a joint Planning Commission and Council meeting in the reasonably near future to discuss the concept of neighborhood convenience facilities. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. Prior to Council action on a resolution approving Planning Commission Application No. 70013 submitted by Byron Dunkley, the City Manager recommended the incorporation of the City Attorney's addition points in said resolution. -4- Member Theodore Willard introduced the fallowing resolution and moved its adoption: RESOLUTION NO. 70 -228 RESOLUTION APPROVING PLATTING, LOT DEPTH, FRONT YARD SETBACK, AND REAR YARD SETBACK VARIANCES, RELATIVE TO PLANNING COMMISSION APPLICATION NO. 70013 SUBMITTED BY BYRON DUNKLEY 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 meeting recessed at 9 :51 P.M. and resumed at 10 :12 P.M. At this time the Council briefly reconsidered Planning Commission Application No. 70017 originally submitted by Glad and Miller and now by Viewcon, Inc. requesting site and building plan approval consistent with rezoning Application No. 68018. The City Manager stated that this application was approved by the City Council at its August 10, 1970 meeting with the condition that the applicant submit elevation and screening plans for the underground garage. He stated that the applicant has revised his plans for the underground garage by placing it entirely under the apartment building thereby eliminating any exposed garage wall. It was recommended that the Council rescind its requirement to submit elevation plans since no wall elevation would be exposed. Following a brief discussion a motion was made by Howard Heck and seconded by john Leary to rescind the Council's August 10, 1970 action requiring an elevation plan of the garage since the garage is to be located completely under the apartment building; further, that the revised site and building plans be submitted for Council review and approval. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager next announced to the Council that the principals to Planning Commission Application No. 70058 and 70059 submitted by Signerafter's, Inc. again asked for deferral to a subsequent Council meeting. The Council next reviewed and discussed a draft ordinance amending Chapter 34 which would allow motor vehicle dealerships a second freestanding sign. Councilman Willard commented that the justification for such a change in the Sign Ordinance would be also applicable to small shopping centers. Following additional discussion a motion was made by Vernon Ausen and seconded by john Leary to direct the City Manager to revise the draft ordinance to provide: 1. For a minimum separation between freestanding signs on a respective property; 2. That an applicant for such a second freestanding sign automatically relinquishes rights to all existing non - conforming signs on the premises; 3. That the provision for a second freestanding sign not be interpreted as permitting a third freestanding sign for those businesses on corner lots which presently qualify for a second freestanding sign. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck, and Theodore Willard. Voting against were: none. Motion carried unanimously. Councilman Heck left the meeting at 10 :55 P.M. -5- The Council next considered a draft of a proposed uniform snowmobile ordinance developed by the League of Hennepin County Municipalities. Councilman Willard briefly explained his participation in the development of the ordinance whereupon the City Manager described various features of the proposed uniform ordinance, comparing its provisions with the provisions of the Brooklyn Center Snowmobile Ordinance (during this discussion Mayor Cohen left the table at 10;59 P. M. and returned at 11 :02 P. M. ). Upon completing a review of the proposed uniform ordinance, Councilman Willard stated that he would reflect the Councils comments to the respective Hennepin County League Committee which developed the ordinance. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -229 RESOLUTION AUTHORIZING PURCHASE OF USED TRACTOR -DOZER The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen 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 -230 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, Vernon Ausen and Theodore Willard; 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 -231 RESOLUTION CORRECTING SPECIALASSESSMENT FOR PLAT 89405, PA RCEL 4840 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 and Theodore Willard; 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. 70 -232 RESOLUTION CORRECTING SPECIAL ASSESSMENT ON PLAT 89325, PARCEL 3000 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 Theodore Willard; and the following voted ted against the same. none, whereupon said resolution was declared duly passed and adopted. -6- Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -233 RESOLUTION CORRECTING SPECIAL ASSESSMENTS FOR PLAT 89696, PARCEL 3600 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Motion by john Leary and seconded by Theodore Willard to approve the following licenses: Bingo License Willow Lane PTA 7020 Perry Ave. loo, Christmas Tree Sales License Newcomb Bros. Nursery Shopper's City Parking Lot Northside Y's Men Club Brookdale near Bouteli's Cigarette License Piggly Wiggly 6215 Osseo Road Food Establishment License Piggly Wiggly 6215 Osseo Road Garbage Haulers License Blueboy Rubbish Service 1919 Sheridan Ave. No. Gasoline Service Station License Brooklyn Center Spur 6830 Osseo Road Itinerant Food License Garden City PTA 6400 Osseo Road Willow Lane PTA 7020 Perry Ave. No, Non- Intoxicating Malt Liquor "Off- Sale" License Piggly Wiggly 6215 Osseo Road Non- Perishable Food Vending Machine License Eagle Industries 1912 - 57th Ave. No. Magic Maid Vending 58th & Xerxes Ave. No. Voting in €avor.were: Philip Cohen, john Leary, Vernon Ausen and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager next announced to the Council that a petition has been received from residents along the one block of 62 if 2 Avenue North to change the name of the street to Boulder Lane. Following a brief discussion, a motion was made by john Leary and seconded by Theodore Willard to direct the City Manager to investigate the ramifications of the request and to take necessary administrative steps to implement the request. Voting in favor were: Philip Cohen , john Leary, Vernon Ausen and Theodore Willard. Voting against were: - done. Motion carried unanimously. Motion by Vernon Ausen and seconded by john Leary to adjourn the meeting. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen and Theodore Willard, Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 11:58 P. M. Clerk Mayor