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HomeMy WebLinkAbout1970 11-23 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 23, 1970 The City Council met in session and was called to order by Mayor Philip Cohen at 7 :36 P. M. Roll Call: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Also present were: Donald Poss, Paul Holmlund, James Merila, Richard Schieffer, Tom Loucks and Bambridge Peterson. Motion by Theodore Willard and seconded by John Leary to approve the November 9, 1970 minutes as submitted. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Millard. Voting against were: none. Motion carried unanimously. The City Manager announced that Chamber of Commerce representatives Mr. William Dudley and Mr. John Pierce were in attendance to formally present to the City Council copies of the new community brochure which the Council on June 1, 1970 endorsed. In his comments President Dudley and Mr. Pierce responded to Council questions and explained that a brochure distribution program was being developed. Each member of the Council expressed favorable comment toward the brochure and Mayor Cohen on behalf of the City Council, thanked President Dudley and the Brooklyn:. Center Chamber of .Commerce for their efforts in developing the attractive brochure. Motion by Howard Heck and seconded by John Leary to release Chippewa Park Apartments performance bond (Planning Commission Application No. 68041) in the amount of $2500. 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 John Leary to release the performance bond for Midwest Sheet Metal Works (Planning Commission Application No. 68064) in the amount of $3500. 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 release the performance bond for Midwest Federal Savings and Loan (Planning Commission Application No. 69047) in the amount of $3500. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore 'Arillard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to release the performance bond for Allied Central Stores (Planning Commission Application ` No. 69011) in the amount of $1500. 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 reduce the $10,000 bond to $2,000 for Northwestern Bell Telephone Company (Planning Commission Application No. 69003) to guarantee certain sodding on the project. 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 John Leary to release the performance bond for the ABC North Central Theatre (Planning Commission Application No. 68070) in the amount of $8, 000. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. -1- Motion by Theodore Willard and seconded by Howard Heck to release the performance bond for the Sun Ray DX Oil Company (Planning Commission Application No. 67038) in the amount of $3500. 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 reduce a $3,000 bond to $1500 for Davies Water Supply Company ( Planning Commission Application No. 67050) to insure certain sodding on the project. 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 a proposal to authorize the performance of graphics services by Cerny Associates, Inc. at the Civic Center not to exceed $1500. Upon discussing the recommendation it was the consensus of the Council to defer action until the special City Council and Citizens Architectural Advisory Committee meeting of November 24, 1970. The Council next considered Planning Commission Application No. 70058 and 70059 requesting a variance from the sign ordinance to alter non- conforming signs. Since the applicant was not present at that time, it was the consensus of the Council to defer action until later in the evening. The Council next considered Planning Commission Applications No. 70063 and 70064 submitted by Harold Swanson requesting preliminary plat approval, a seven foot rear buffer variance, and site and building plan approval for three apartment buildings in the vicinity of 73rd and Lyndale Avenues. The application was reviewed by the City Manager whereupon Mr. Loucks presented the preliminary plat and site and building plans for Council review. The Council first reviewed the preliminary plat proposing to divide the property into three parcels that would be described as Swanson's Addition, Lots 1, 2, and 3. Following further discussion a motion was made by john Leary and seconded by Theodore Willard to approve Application No. 70063 regarding the preliminary plat on the conditions that utili ty g t o be and drainage easement shown on the plat and that necessary additional elevations be submitted to the City Engineer for approval. 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 approve Application No. 70064 regarding a rear buffer variance of seven feet on proposed Lot 2 because the strict imposition of the buffer requirements would create a safety hazard caused by the very close proximity of vehicles to apartment building and the strict imposition would greatly detract from the living quality of the apartment. Discussion ensued regarding the basis of the variance, it being suggested that the extraordinary 50 foot front yard setback requirement and the unresolved future status of Lyndale Avenue would also constitute factors in variance consideration. Motion by john Leary and seconded by Howard Heck to amend the main motion to cite the factors of the required 50 foot front yard setback and the unresolved future status of Lyndale Avenue has additional support for the variance. 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. Motion by john Leary and seconded by Howard Heck to approve Application No. 70063 regarding site and building plans subject to the following conditions: -2- I 1. All areas shown as parking or driveway areas shall be curbed including those areas designated as future garage; 2. The fence on the northeast portion of the property shall adhere to the ordinance requirements in regard to the height and line of sight at street entrance; 3. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 4. Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of building permit; S. 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; 6. The width of the driveways shall be no more than 24 feet. 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 following licenses: Christmas Tree Sales License R. L. Almendinger Roy's A. &W. - 69th & Osseo Rd. Cigarette License The Brothers Brookdale Restaurant, Inc. 1341 Brookdale Center Tobacco Land of Brookdale 1301 Brookdale Center Food Establishment License The Brothers Brookdale Restaurant, Inc,. 1341 Brookdale Center The Brothers Bake and Del, Inc. 1342 Brookdale Center Food Handling License The Brothers Brookdale Restaurant, Inc. 1341 Brookdale Center Taxi Cab License Red's Cab Co. 6235 University N.E. 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 :08 P. M. and resumed at 9 :30 P. M. At this time the Council considered Planning Commission Application No. 70058 submitted by Signcrafter's requesting a variance from the Sign Ordinance to alter certain non - conforming signs, The applicant had not yet appeared. The application wag reviewed by the City Manager who stated that the applicant is requesting a variance from Section 34 -120 of the Sign Ordinance to alter non - conforming pylon roof signs at two Union 76 Service Stations located at 6901 Brooklyn Blvd. and 2000 - 57th Avenue North. A discussion ensued regarding the provisions of Section 34 -120 and regarding the merits of the roof sign restrictions. Following the discussion a motion was made by Theodore Willard and seconded by Howard Heck to deny Planning Commission Application No. 70058 regarding a variance from the Sign Ordinance to alter non - conforming signs because the applicant has not demonstrated a hardship in conforming with the ordinance. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -3- Motion by Howard Heck and seconded by Theodore Willard to deny Planning Commission Application No. 70059 regarding a variance from the ,.-- Sign Ordinance to alter non - conforming signs because the applicant has not'`Y demonstrated a hardship in conforming with the ordinance, Voting in favor { were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. Motion b Theodore Willard and seconded John to instruct the y T Wi and Leary by J City Manager to place the subject of roof signs on a future Council agenda for discussion, 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 Mayor Cohen recognized Mssrs. Don Tolve, Jeff Hanney, and John Statine, members of the Brooklyn Center Jaycees who presented to the Council their written critique of the draft Housing Maintenance and Occupancy Ordinance, During Council discussion of the Fire Relief Association investment Mayor Cohen left the table at 9;59 P.M. and Howard Heck assumed the Chair. Mayor Cohen returned to the meeting at 10;02 P, M. and assumed the Chair. Motion by John Leary and seconded by Vernon Ausen to approve the investment of the Brooklyn Center Fire Relief Association as set forth in a letter from the Association dated November 6, 1970. 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 an investment of the Brooklyn Center Fire Relief Association as set forth in a letter from Piper, Ja€fray & Hopwood, Inc. dated November 20, 1970 regarding the purchase of a Ford Motor Credit Company note in the amount of $3, 000 at a yield of 8.375%. 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 the matter of Golden Valley's termination In the joint community health program. The City Manager reviewed the status of the program and stated that the present sanitarian, John Urbach, will soon be on a six month military leave of absence. He commented that Brooklyn Park may be interested in participating in a joint health program with Brooklyn Center and Crystal, Motion by John Leary and seconded by Howard Heck to acknowledge Golden Valley's termination in a tri- community health program effective January 1, 1971 and waive the six month notice requirement in the Joint Powers Agreement. 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 an ordinance amending Chapter 34 of the City Ordinances, The amendment to the ordinance basically would allow motor vehicle dealerships to have a second freestanding sign with certain conditions. A lengthy discussion ensued regarding the provisions of the ordinance and the distinguishing features of motor vehicle dealerships as compared to other businesses. Councilman Willard contended that the distinctions cited by the Planning Commission were applicable also to other businesses, particularly the smaller shopping center, Councilmen Heck and Ausen suggested that the main distinguishing features of motor vehicle dealerships consisted of the dearoo of outdoor sales and the size of the outdoor sales and display aroas. Upon completing discussion of the proposed draft ordinance, a motion was made by Howard Heck and seconded by Theodore Willard to not approve the first reading of the draft ordinance amending Chapter 34, Voting in favor were: Howard Heck, Theodore Willard and Vernon Ausen. Voting against were; Philip Cohen and John Leary. motion carried, -4- Councilman Heck then suggested that the ordinance should be re- drafted to reflect the distinguishing factors of extent of outdoor sales and relative size of outdoor sales and display areas. Councilman Leary suggested that the re- drafted ordinance should retain provisions relative to minimum floor area of the site buildings. Following additional discussion and comments by the City Attorney a motion was made by Howard Heck and seconded by Vernon Ausen to instruct the City Manager to re -draft the ordinance amending Chapter 34, deleting references to motor vehicle dealerships, establishing standards of outdoor sales extent and size of outdoor sales and display areas, and retaining provisions for minimum gross floor area. 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 related to the Council, that he had received a letter from the City of Brooklyn Park relative to a petition from the owner of Durnam Island requesting detachment of Durnam Island from the City of Brooklyn Park for attachment to the City of Fridley. Council comments were made regarding the flooding of the island and the fact that the island is a natural wildlife area and that any development of the island would not be favored by the Council. Motion by Howard Heck and seconded by Vernon Ausen that the City of Brooklyn Center go on record against the Durnam Island detachment petition. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Councilman Willard briefly commented on his memo dated November 23, 1970 regarding an internal Brooklyn Center bus program. It was the consensus of the Council that this matter be discussed at its December 7, 1970 Council meeting. Member Theodore Willard introduced the following resolution and moved its adoption; RESOLUTION NO. 70-234 RESOLUTION AUTHORIZING A $165,000.00 TEMPORARY LOAN FROM THE EST NT TRUST FUN O THE gAZITAL PROIECTS FUND 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 Thecd ore W:lllard; and the following noted against the same; none, whereupon said resolution was declared duly passed and adopted. Motion by John Leary and seconded by Howard Heck 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 :34 A.M. Cl �7 7 Mayor -5-