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HomeMy WebLinkAbout1969 04-14 CCM Regular Session IWInutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota April 14, 1969 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:32 P. M. Roll Call: Philip Cohen, John Leary, Earl Rydberg, Howard Heck (arrived at 7 :35 P. M.), and Theodore Willard (arrived at 7 :37 P. M.). Also present were: D.. G. Poss, Paul Holmlund, Richard Schieffer and Bambridge Peterson. Motion by Earl Rydberg and seconded by John Leary to approve the minutes of the March 13, 1969 meeting as submitted. Voting in favor were: Philip Cohen, John Leary and Earl Rydberg. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Earl Rydberg to approve the minutes of the April 7, 1969 meeting as submitted. Voting in favor were: Philip Cohen, John Leary and Earl Rydberg. Voting against were: none. Motion carried unanimously. At this time the Council considered Planning Commission Application No. 69014 submitted by Richard Eidem. Mayor Cohen asked if the applicant was present; the applicant was not present. It was the consensus of the Council to defer this application until later in the evening. The Council next considered Planning Commission Application No. 69017 submitted by Brooklyn United Methodist Church requesting site and building plan approval for an addition to the church now located in the 7200 block of Osseo Road. The City Manager presented an overview of the application from the April 3, 1969 Planning Commission minutes. Motion by John Leary and seconded by Howard Heck to approve Planning Commission Application No. 69017 requesting approval of site and building plans for an addition to the church with the following conditions and stipulations: 1. Utility and drainage plans are subject to the approval of the City Engineer; 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. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 69022 submitted by Joe Iten requesting a special use permit to allow placement of a mobile home type trailer (10 ft. x 47 ft.) on the premises of the Iten Chevrolet to serve truck sale operations. The City Manager gave a brief overview of the application to the Council. Mayor Cohen called upon the applicant to clarify - the purpose for the mobile home type trailer. Motion by Theodore Willard and seconded by Earl Rydberg to approve a special use permit that would permit a mobile home type trailer to be placed upon the Iten Chevrolet property for use as '',a temporary truck sales office, upon the condition that the special use permit will expire on October 31, 1969 and that the trailer be removed from the premises by that date. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -1- 39 The Council next considered Plannning Commission Application No. 69018 submitted by Abe Magnon requesting a variance from Section 15 -104 of the City Ordinances (Preliminary Plan of the Platting Ordinance). This variance would allow the applicant to subdivide his property into two standard size lots without going through the formal platting procedure. The City Manager gave an overview of this application explaining that it is intended to recommend change in the Platting Ordinance which would permit the routine subdivision of simply described and previously surveyed properties into two simply described parcels. Motion by john Leary and seconded by Theodore Willard that Application Mo. 69018 be approved since there are other appropria"tG; mesas of effecting property, su'odivisicn in a manner consistent with the public welfare and it would he unreasonable to impose the hardship of formally "platting" the subject property in this instance. Further, it is the intention of the Council to amend the platting ordinance to recognize such other appropriate subdivision means. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time the Council reconsidered Planning Commission Application No. 69014 submitted by Richard Eidem requesting a variance from Section 35 -400 of the City Ordinances (Table of Minimum Requirements). The applicant requested to build a 60 ft. ranch -style house on a 75 ft. lot at 6850 Willow Lane which was contiguous to City -owned vacant lot to the north. The applicant contended that because his lot was contiguous to the City's property, that the 10 feet side yard setback was not needed. The Council, City Attorney and City Manager discussed the ramifications of granting a variance where property is contiguous to City property and discussed the philosophy of the requirement that living quarters of dwelling units be at least 10 ft. from the side lot line. Although it seemed the present consensus that the City -owned lot would permanently be retained by the City, the City Attorney advised the Council that basing a variance approval upon such a contingency would amount to improperly binding future elected officials from disposing of the property if the then public interest so warranted. The Council then discussed the feasibility of a general study to develop ordinance standards for side yard setbacks adjacent to City properties. Motion by Howard Heck and seconded by john Leary to table Planning Commission Application No. 69014 until April 21, 1969 to permit the applicant to respond whether his building plans could be deferred pending a study of setbacks contiguous to public open spaces in general. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Vtrillard. Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 69013 submitted by Jerry Harrington requesting rezoning from R -1 to R -5 a long (1146 ft.) and narrow (130 ft) strip of land in the west central neighborhood. The property is more commonly described as lying south of Interstate 94 right -of -way, north of the north line of Northgate Addition and generally lying between Noble and Kyle Avenues extended. Following an overview by the City Manager., Mayor Cohen announced that the hearings were open and Mr. Harrington was invited to present his comments to the Council. Mr. Harrington explained his version of the economics regarding the development of 7 singe fardly lots versus two apartment buildings with 36 unit totals on the 3 acre parcel. Councilman Willard questioned Mr. Harrington as to whether he would be willing to amend his application from R -5 to either R -4 or R -3; the applicant indicated he was willing to consider it. The City Manager suggested that the property could be developed for ten single family lots at a cost of between $2500 and $3000 per lot. -2- 093 263 Mayor Cohen asked for additional comments from the audience, Mr Walter Orgas was recognized as the representative for the neighborhood residents in the abutting property. Mr. Orgas pointed out that the Council had a petition of 350 signatures and went on to give a history of the development of the area in question. Mr. Orgas said any rezoning in that area would be spot zoning and would be inconsistent with the Comprehensive Plan and recent city -wide rezoning, Motion by Theodore Willard and seconded by John Leary to close the public hearing on Planning Commission Application No. 69013. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. At this time Mayor Cohen called upon each of the Councilmen to give his views regarding the application. A consensus developed that the proposal eras inappropriate to the intent of the Comprehensive Plan and would create a degrading effect within the wholly single family neighborhood. Motion by Howard Heck and seconded by Earl Rydberg to direct the City Manager to draft a resolution denying Planning Commission Application No. 69013 on the basis of reasons enunciated by the Council, including the following: 1. The subject property has continuously been conceived as R -1 in nature and there has been no significant change relating to the property since the last zoning review. 2. The proposed rezoning violates the general concepts of the Comprehensive Plan. 3. The proposed rezoning constitutes spot zoning. 4. The proposed rezoning does not meet the goals of the Comprehensive Plan for the west central neighborhood. 5. The cost of developing the land for R -1 purposes in not sub sta ntially different from R -5 development costs, 6. With respect to non - economic factors, no reliable testimony was introduced to indicate that it is not feasible to develop the land for R -1 use. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. The meeting recessed at 9 :50 P.M. and resumed at 10:03 P.M. Motion by John Leary and seconded by Howard Heck to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES BY REPEALING SECTION 7 -601 THROUGH SECTION 7 -605 THEREOF Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -157 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES -3- 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 John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -158 RESOLUTION ACCEPTING BID FOR PLAYGROUND EQUIPMENT 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, where- upon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -159 RESOLUTION DECLARING SURPLUS EQUIPMENT AND AUTHORIZING DISPOSAL THEREOF 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. The City Manager related the unanticipated need to provide transportation for a second City engineering survey crew which was necessitated by the large summer construction program. Motion by Howard Heck and seconded by Earl Rydberg to authorize the City Manager to purchase a used van -type vehicle from Iten Chevrolet for $850.00, the funds to come from the Engineering Budget. 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 John Leary to authorize the City Manager to purchase a used self - propelled paint striper from the City of Bloomington for $750.00, the funds to come from the Street Division Budget. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: nova. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to authorize the City Manager to issue a burning permit to the Park Department to burn debris in Palmer Lske Park. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time the City Manager, Council and City Attorney discussed a proposed ordinance relating to density credits. The City Manager was authorized to refine the proposal for resubmission at a subsequent meeting. Motion by Earl Rydberg and seconded by Theodore Willard 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 :40 . M. Clerk` Mayor -4- 9q