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HomeMy WebLinkAbout1969 05-26 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 26, 1969 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :44 P. M. Roll Call: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Also present were: D. G. Poss. Paul Holmlund, C.E. Van Eeckhout, Richard Schieffer, B.E. Peterson and Thomas O'Hehir. Motion by Theodore Willard and seconded by Howard Heck to approve the minutes of the May 12, 1969 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Earl Rydberg to approve the minutes of the May 8, 1969 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to authorize the Mayor and City Manager to execute the Library Lease /Sale Agreement with Hennepin County. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to authorize the Mayor and City Manager to execute the Library Community Room Scheduling Agreement with Hennepin County. Voting in favor were: Philip Cohen, John Leary Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to authorize the Mayor and City Manager to execute the animal control agreement with James Dooley. Voting in favor were: Philip Cohen, John Leary,, Earl Rydberg, Howard Heck and Theodore ,ATillard. Voting against were: none. Motion carried unani- mously. After a brief discussion, the City Manager was requested to make a compara- tive survey among the various municipalities regarding animal control costs. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -230 RESOLUTION. ESTABLISHING ANIMAL CONTROL RATES 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Earl Rydberg and seconded by John Leary to declare as surplus property a 1944 Chevrolet 1 1/2 ton Park Department truck, a jet water pump from the municipal building at 65th & Lyndale Avenues, and an obsolete snowblower and to authorize the City Manager to dispose of such surplus property in a manner which serves the best interests of the City. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -1- r Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -231 RESOLUTION ACCEPTING BIDS FOR BACKSTOP EXTENSIONS AND FENCING The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, 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. 68005 submitted by Bryant Investment Company requesting rezoning from the I -2, R -2 and 0-1 classifications to the R -5 classification. The City Manager presented a brief recapitulaticnof the application and informed the Council that the applicant would be represented by Attorney Robert Hoffman and that the applicant had requested permission to speak before the Council. Mayor Cohen stated that the public hearing had been closed on May 12th and that no additional testimony would be received unless the public hearings were reopened. Councilman Willard asked Attorney Hoffman if the request to address the Council was related to the presentation of new information and if so to describe it in brief general terms. Attorney Hoffman stated that the new information generally consisted of an offer by the applicant to dedicate certain Lakeshore properties along the lower part of Upper Twin Lake consistent with the proposed density credit ordinance presently being considered by the Planning Commission and City Council. A motion was made by Theodore Willard and seconded by John Leary to reopen the public hearings regarding Planning Commission Application No. 68005. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Attorney Hoffman then presented a transparency projection illustrating the applicant's proposal to dedicate approximately 2 1/2 acres of lakeshore ; property to the City of Brooklyn Center for park purposes and to develop apartment buildings upon the remaining approximately 7 1/2 acres. Hoffman contended that the construction of the multiple dwellings would serve as a buffer between the adjacent R -1 properties and the existing I -2 land use area and the railroad tracks. He further contended that the City of Brooklyn Center would have far greater control over the use of the property if it were rezoned to R -5 than if left in the present I -2 zoning classification. Councilman Willard inquired of the City Manager how many apartment units could theoretically be constructed in the proposed R -5 zone if the applicant were given full density credit for the approximately 2 1/2 acres dedicated for park purposes. The City Manager responded that 160 units could then theoretically be erected. Councilman Heck asked Attorney Hoffman to explain in what manner the proposed R -5 rezoning and development would act as a buffer to the adjacent R -1 area.. Hoffman responded that the proposed R -5 property would serve as a direct buffer to those R -1 properties immediately contiguous to the R -5 and that it would serve as a partial buffer to the R -1 area located to the north and east. Councilman Heck took issue with the contention that the R -5 proposal would serve as an effective buffer. Councilman Heck then asked Attorney Hoffman what was meant in the Soo Line Railroad letter of May 12, 1969 directed to the City Council, wherein It was stated that "the rrmperty proposed to be rezoned has no potential for industrial use unless it were used as a waste area or some similar auxiliary use , Attorney Hoffman responded that it was his interpretation that the -2- subject land was of such marginal soil condition that it could only be used for parking, storage areas, and non - building uses related to a primary industrial use further to the east. Hoffman stated that he did not interpret the term "waste area" to infer that it would be used for the deposit of residue or solid waste. The City Attorney concurred with °Hoffman' s interpretation of the letter. Councilman Heck next inquired of the City Attorney and the City Manager whether, in their opinion, the present Zoning Ordinance could be an effective tool in abating any nuisances that might develop within an 1 -2 zone. The City Attorney responded that the Zoning Ordinance is an effective instrument in providing development safeguards but that it would always be somewhat difficult to tightly control operating procedures to the extent that all nuisances associated with an industrial use could be completely eliminated. The City Manager concurred that the Zoning Ordinance was an effective instrument during development considerations but that precise standards of measuring operational nuisances are not defined in the ordinance and that such operational nuisances can be very difficult to control. Councilman Willard reviewed some of the standards in the ordinance relating to the I -2 classification and pointed out the haziness of some of the standards. Councilman Millard stated that he had personally inspected the subject area and that his primary concern would be the proposal to develop 51st Avenue as an access point for the R -5 development thereby creating an undesirable situation whereby residential properties between Twin Lake Boulevard and France Avenue would front on Oak Street and would abut 51st Avenue on the rear. Willard suggested that consideration be given by the applicant to substituting an access road along the south side of the Overmyer Warehouse development and exiting onto France Avenue at 50th Avenue, Councilman Heck expressed concern that if the soil conditions were as marginal and the water table conditions as detrimental as claimed by the applicant then the cost of overcoming these obstacles might adversely influence the quality of any R -5 development. Attorney Hoffman concluded his presentation by suggesting that the existing I -2 zoning creates a problem for the City Council, the owner and the neighbors and stated that his client`s proposal represented an improvement in the zoning classification as it affected the neighbors and that it would further provide 2 1/2 acres of park property for the City at no cost. At this time Mayor Cohen invited comments from the audience relating to � Y 9 the new information presented by Attorney Hoffman. Mr. Charles Gellerman questioned the accuracy of the transparency illustration used by Attorney Hoffman whereupon the City Manager stated that the illustration was merely an attempt to describe both existing and proposed conditions on the same drawing and that It was accurate enough for that purpose. Mr. Voila inquired whether the residents along Oak Street would still be confronted with an I -2 area immediately south of them in the event that multiple dwellings were built as proposed by Bryant Investment Company, Mr. William Schaeffer inquired of the size of the proposed park strip along the bottom of Upper Twin Lake and was informed by the applicant that the strip was approximately 100 feet wide. Councilman Leary commented that Councilman Willard's concept of extending an access street along the south side of the Overmyer Warehouse property and exiting at 50th and France Avenue would be dependent upon an easement where- upon the City Manager responded that he had a very vague recollection that such an easement might have been provided as a condition of the Overmyer Warehouse development. Motion by Howard Heck and seconded by john Leary to close the public hearing on Planning Commission Application No. 69005, Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. ,\.potion carried unanimously. At this time; Mayor Cohen briefly reviewed the major points brought out during the public hearing and stated his opinion of the poihts for and against the rezoning as follows: -3- FOR: 1. The proposal would to a minor extent provide a buffer between the railroad tracks and the residential properties to the north and east. 2. Approval of the application would probably result in expediting the development of an area that has been sitting idle. 3. The proposal could provide the City with a 2 1/2 acre park along the lake shore at no charge to the City. AGAINST: 1. There has been no precedent established for rezoning from an I -2 classification to an R -5 classification. 2. There is limited industrial land available in Brooklyn Center which is served by railroad trackage. 3. There is an adequate and well balanced amount of land within Brooklyn Center which is zoned for multiple dwellings. 4. It has not been demonstrated by the applicant that the placement of multiple dwellings near railroad tracks would be desirable nor conducive to a pleasant environment for the apartment dwellers. 5. There would be no depravation of property value in denying the rezoning request since the existing I -2 designation would provide a reasonable return from the property. 6. The applicant and the Soo Line Railroad recorded no opposition to the comprehensive rezoning which took place in June, 1968 and there has been no change in conditions since that time which would warrant further rezoning. Mayor Cohen stated his opinion that since the Soo Line Railroad Company was apparently interested in rezoning a portion of its vacant property then perhaps the entire vacant I -2 area should be reviewed for possible rezoning taking into consideration the future needs of the City and its residents and not exclusively the desires of the subject applicant and he further suggested that a comprehensive planning study of the area should be initiated. Councilman Heck generally concurred with the Mayor's comments. Council- man Leary stated his willingness to authorize a comprehensive planning study of the area so long as the proposed study was not merely a guise to avoid making an early decision. Councilman Rydberg stated his concurrence with the Mayor's opinions. Councilman Willard expressed his reservations regarding the value of a comprehensive planning study and warned that the residents of the area should not be optimistically misled to believe that a planning study would totally satisfy their objections. He stated that in his opinion, the property was probably conducive only to multiple, industrial, or commercial land uses. Councilman Heck stated that a comprehensive planning study could take a period of months, whereupon the Mayor inquired of the City Manager regarding a time schedule for such a study. The City Manager responded that present City activities and programs would not permit any attention being directed to such a planning study until late fall of 1969. Councilman Willard then asked the applicant to respond to two alternatives -- immediate action by the City Council on the merits of the proposal as presented, or indefinite postponement to permit a comprehensive planning study. The applicant responded that he would concur with a postponement of up to six months duration to permit a comprehensive planning study of the area. -4- Motion by Theodore Willard and seconded by John Leary to table Application No. 69005 for 6 months and to- direct the City Manager to prepare a resolution establishing a basis for a planning study of the subject area and Including the definition of the scope and objectives of the study. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore . , vVillard. Voting against were: none. Motion carried unanimously. . . Council recessed at 9 :31 P. M. and resumed at 9 :49 P. M. The Council next considered Planning Commission Application No. 69010 submitted by John Levin Associates for the Char -Lynn Company requesting rezoning from I -1 (Industrial Park) to C -2 (Commerce District) classification property generally located between County Road 10 and 59th Avenue North extended and east of Shingle Creek Parkway. The City Manager presented a review of the application. Motion by John Leary and seconded by Earl Rydberg to approve Planning Commission Application No. 69010 submitted by John Levin Associates for the Char -Lynn Company because the requested rezoning is logical and consistent by reason that it is surrounded on three sides by existing C -2 zoning districts. voting n favor were: Philip Cohen, J ohn E arl Rydber Howard Heck g P C : J Leary. E Y rg � H and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered a modification to Planning Commission Application No. 67038 submitted by Sun Ray DX Oil Company. The City Manager reviewed the application stating that the subject application was previously approved by the Council but that Sun Ray DX Oil Company has since proposed to change their building motif and because of this the matter has been referred to the Council for consideration as an amendment to Application No. 67038. Motion by Howard Heck and seconded by John Leary to approve the change in building motif for the Sun Ray DX Oil Company as an amendment to Planning Commission Application No. 67038. Voting in favor were: Philip Cohen, J Leary,, Earl ohn R ydber g and Howard Heck (Theodore Willard Y rg abstained). Voting against were: none. Motion carried. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO.. 69 -232 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1969 -C - STREET SURFACING The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Council next considered Resolution No. 69 -233. Mr, John Gulenchyn of 6130 Bryant Avenue North offered a counter - petition. against Curb & Gutter Improvement Project No. 1969 -75 signed by seven property owners out of twelve living in the 6100 block of Bryant Avenue North. Mayor Cohen pointed out to Mr. Gulenchyn that their counter - petition will be considered at the planned public hearing on June 23, 1969. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -233 RESOLUTION ESTABLISHING CURB & GUTTER IMPROVEMENT PROJECT NO. 1969 -75 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, Earl Rydberg, Howard Heck and Theodore v'Villard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -5- At this time Councilman Willard brought to the Council's attention the problem of controlling the use of the swimming beach on Lower Twin Lake. Councilman Willard pointed out that this area has been used by the local citizens and his concern in monitoring the area in order to prevent possible accidents. He asked if the City could operate or contract with someone to operate the beach in order to have some control over the area, The City Manager reminded the Council of the concerns stated by the neighborhood residents regarding the establishment of a full - fledged beach operation and the associated traffic generation. Councilman Leary stated reluctance to establish a City controlled swimming service at the site. After a discussion among the Council and staff Mayor Cohen suggested that the staff study the alternative of City control of this access to Lower Twin Lake. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -234 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved Its adoption: RESOLUTION NO. 69 -235 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, Earl Rydberg, Howard Heck 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. 69 -236 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following vote, In favor thereof: Philip Cohen, John Leary, Earl Rydberg, 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. 69 -237 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY). The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote Ding taken thereon, the following voted In favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -6- I Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -238 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -239 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -240 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY 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, Earl Rydberg, 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. 69 -241 RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO. 69015 SUBMITTED BY THOMAS CONSTRUCTION COMP INC. 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, Earl Rydberg, 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, 69 -242 RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE OPEN -SPACE LAND AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID APPLICATION The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote Ding taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -7- L Member John Leary introduced the following resolution and moved its adoption; RESOLUTION NO. 69 -243 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM _(SODDING CONTRACT 1969 -D) 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 Leaky, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted, Motion by Theodore Willard and seconded by Howard Heck to approve the Brooklyn Center Fire Department Relief Association investment as proposed in a letter from the Association dated May 14, 1969. Voting in favor were; Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard* Voting against were: none. Motion carried unanimously, Motion by Earl Rydberg and seconded by John Leary to approve the following licenses: Bingo License Brooklyn Center Jaycees 55th & Xerxes Ave, No. Food Establishment License Farrell`s Ice Cream Parlour 5524 Osseo Road Gasoline Service Station License Belt Line 11 66" 5001 Drew Ave. No, Superamerica 1901 - 57th Ave, No. Heating License Bruce Plumbing Co. 4747 Twin Lake Ave. Comfort Heating and Air Conditioning 2531 Marshall St, N.E. D & D Anderson Heating Rt. 2 Box 281, Cambridge Londer Plumbing & Heating 2909 Nicollet Ave. Royalton Heating & Cooling Co. 4626 Lyndale Ave. No. Geo, Sedgwick Heating & Air Conditioning Co. 1001 Xenia Ave. No, Shamrock Heating, Inc. 7608 Lyndale Ave. So. Siegler Minnesota 106 East Lake Street Standard Heating Co. 410 West Lake Street Fred Vogt & Company 3260 Gorham Ave. Housemoving License Robin Corporation 5016 - 40th Ave. Gas PipLnq ,License Comfort Heating & Air Conditioning 2531 Marshall St.. N.E. Domestic Heating & Cooling Co, 9110 Grand Ave. So, Royalton Heating & Cooling Co. 4626 Lyndale Ave. No. Siegler Minnesota 106 East Lake Street Standard Heating Company 410 West Lake Street Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -8- r Motion by john Leary and seconded by Howard Heck to authorize the City Manager to expend $3,714. 00 for the conversion of the Brooklyn Center Police radio system to the integrated police network proposed for Hennepin County and that these funds be totally derived from the Police Department operating budget. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, 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. 69 -244 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Earl Rydberg and seconded by Howard Heck to authorize the Mayor and City Manager to sign a bus contract with the Spring Lake Bus Company to provide transportation to Lower Twin Lake Beach for Park and Recreation Department swimming instructions. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to direct the City Manager to contact the Minnesota Pollution Control Agency regarding the obnoxious emmissions from the Howe Fertilizer Company. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. Motion by Howard Heck and seconded by john Leary to adjourn the meeting. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council meeting adjourned at 11;39 P. M. �� /�'M "0 Clerk a -9-