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HomeMy WebLinkAbout1969 04-21 CCM Special Session 271 Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and Slate of Minnesota April 21, 1969 The City Council met in special 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 and Theodore Willard, Also present were: D,G, Pose, Richard Schieffer, Bambridge Peterson and Thomas O' Hehir. Motion by Earl Rydberg and seconded by John Leary to approve the minutes of the April 10, 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 Theodore Willard and seconded by Howard Heck to approve the minutes of the April 14, 1969 meeting as amended. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member Howard Heck introduced the - following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 69 -9 AN ORDINANCE AMENDING CHAPTER 35 REGARDING RETAIL PARKING PROVISIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 35, Section 704, Subdivision 2 is hereby amended by the repeal of the following: (c. Other retail stores or centers: Eleven spaces for the first 1, 000 square feet of gross floor area or fraction thereof; nine spaces for each 1, 000 square feet of gross floor area in excess of 1,000 square feet,, but not exceeding 30, 000 square feet; seven spaces for each 1,000 square feet of gross floor area in excess of 30,000 square feet, but not exceeding 300,000 square feet; five spaces for each 1,000 square feet of gross floor area exceeding 30,000 square feet.) Section 2: Chapter 35, Section 704, Subdivision 2 of the City Ordinances is hereby amended by the addition of the following: c. Other retail stores or centers: Eleven spaces for the first 1,000 square feet of gross floor area or fraction thereof; eight spaces for each 1, 000 square feet of gMs s floor area in ex cess of 1,000 square feet, but not exceeding 15,000 square feet; six spaces for each 1,000 square feet of gross floor area in excess of 15,000 square feet, but not exceeding 30, 000 square feet; 5, 5 spaces for each T 1 1, 000 square feet offross floor area exceeding, 30 g 000 square feet. 1 Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication, Adopted this 21st day of April, 1969. -1- 273 The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -164 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SODDING ON STREET SURFACING IMPROVEMENT PROJECTS, AND DIRECTING ADVERTISEMENT FOR BIDS (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 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 -161 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET SURFACING IMPROVEMENT PROJECTS AND DIRECTING ADVERTISEMENT FOR BID CONTRA 1969 -C 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. At this time the City Manager called upon Sanitarian Robert Hutchison to introduce his new assistant, Mr. Kenneth Lovald, to the City Council, Mr. Hutchison described Mr, Lovald's background and stated that he will be primarily responsible for checking food establishments. Member Howard Heck introduced the following . resolution and moved its adoption: RESOLUTION NO. 69 -162 RESOL ION ACCEPTING BID FOR FURNISHING B UMINOUS OIL 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 itydberg, 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 -163 RESOLUTION ACCEPTING BID FOR PLANT -MIXED BITUMINOUS MATERIAL 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. -2- 275 Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -164 RESOLUTION ACCEPTING BID FOR CORRUGATED METAL PIPE 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 -165 RESOLUTION ACCEPTING BID FOR REINFORCED CONCRETE PIP 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. Member Howard Heck introduced the following resolution and moved its adoption. RESOLUTION NO. 69 -166 RESOLUTION ACCEPTING BID FOR STABILIZED GRAVEL AND FINE AGGREGATE FOR SEAL COAT The motion fot 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, Motion by Theodore Willard and seconded by john Leary to approve the following licenses: Cigarette License Automatic Sales Co, 6810 Osseo Rd. Donaldson's Brookdale Center Food Establishment License Brooklyn Center Babe Ruth 5400 James Ave. No. Brooklyn Center Baptist Church 5840 Humboldt Ave. No, Superamerica 1901 - 57th Ave. No. Gas Piping License Advanced Heating and Air Conditioning 7805 Beech St. N.E. Fleming Sheet Metal Co. 3525 Raleigh Ave. So. Cronstrom's Heating & Air Conditioning 4410 Excelsior Blvd. Superior Furnace Co. 6121 - 42nd Ave. No. Twin City Furnace Co. 459 No. Snelling, St, Paul Ray Welter Heating Co. 4637 Chicago Ave. -3- 277 Heating License Advanced Heating & Air Conditioning 7805 Beech St. N.E. Air Comfort, Inc. 3300 Gorham Ave. Anoka Plumbing & Heating 2209 Main St.,, Anoka Commercial Air Conditioning 707 South 7th Street Cronstrom's Heating & Air Conditioning 4410 Excelsior Blvd. Egan & Sons Air Conditioning 7100 Medicine Lk. Rd. Fleming Sheet Metal Co. 3525 Raleigh Ave, So. H.S. Horwitz, Inc. 1411 - 11th Ave. So, J. McClure Kelly Co. 2601 Stevens Ave. Modern Heating & Air Conditioning 2318 - 1st Ave. N.E. Superior Furnace Co. 6121 - 42nd Ave. No. Twin City Furnace Co. 459 No. Snelling, St. Paul Ray N. Welter Heating Co. 4637 Chicago Ave. Housemovigg License Ernst Machinery & House Moving Corp. Co. Rd. 18 & 109 A erant Food Establishment License Brooklyn Center American Little League 6907 Logan Ave. No. Non - Perishable rood endW Machine License Automatic Sales 503 - 22nd Ave. N.E. Pat- Nik, Inc,. 3521 Elm Lane SWn Hamer. '�s,. License Naegele Outdoor Adv. Co. 1700 W. 78th St. Taxi. Cab License Urban Radio Cab Co. 4087 West Broadway 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 remove Mork Well Co. from the list of licenses (this License was approved later in the evening). Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Mayor Cohen called upon the City Manager to introduce Planning Commission Application No. 68077 submitted by R. William Reilly requesting rezoning from C-1 to C -2 classification those properties generally located at the northeast corner of 65th and Osseo Road. The City Manager presented an overview and historical summary of zoning actions pertaining to the subject properties, including Application Nos. 67001, 67019, 68006 and 68077. The City Manager then referred to Councilman Willard's memo of April 18, 1969 regarding Application No. 68077 and stated that the memo incorporated and reflected the April 14th expressions of other Councilmen as well as presenting his own findings and conclusions. Mayor Cohen then called upon Councilman Willard to present his memo regarding subject application. After Councilman Willard's presentation, Mayor Cohen called upon members of the Council for their views regarding the subject Application No. 68077. Each of the Councilmen cited the Comprehensive Plan and their experiences in helping develop the Plan and the new Zoning Ordinance that was enacted effective June 22, 1969. -4- 281 Councilman Leary addressed to Osseo Road Development Goal No. 4 as stated on page 43 of the Comprehensive Plan regarding the prohibition of further regional land usage and retail shopping facilities along Osseo Road except in the "immediate vicinity" of its interchange vJlth interstate freeway 94. He stated that based upon his involvement in the development of the Comprehensive Plan there was no intention to extend regional retail facilities to the south side of the freeway because of the concentration of single family residential development and the undesirable interface which would be created between commercial land uses and the existing residential neighborhoods. Reference was made to the colored map illustration of the Comprehensive Plan which indicated commercial land uses only on the north side of the freeway interchange. Councilman Heck stated that the philosophy embodied in the Comprehensive Plan as regards Osseo Road is a reflection of planning concepts whose develop- ment began in the late 1950's. He stated that it has been a long held principle that nodules of commercial development should be encouraged at planned loca- tions along Osseo Road rather than encouraging strip commercial development with its concomitant disadvantages, He stated his opinion that there is a developing demand for those uses permitted in a C -1 zone and stated his opinion that a C -1 zoning designation on the subject properties will provide a fair and reasonable return to the owners thereof. He stated that the Council has pain- fully experienced the disasterous results of permitting C -2 land uses to interface with single family neighborhoods. Councilman Rydberg stated general agreement with Councilman Willard's findings and conclusions as set forth in his memo. Councilman Rydberg stated his interpretation of the Comprehensive Plan phrase "immediate vicinity" as meaning "contiguous" to the freeway interchange. He noted that rather than being contiguous to the freeway interchange, the subject properties were separated from the freeway interchange by a substantial and viable family residential neighborhood which was not dependent upon Osseo Road nor upon the freeway for sole access. Mayor Cohen stated his general agreement with the findings and conclusions contained in Councilman Willard's memo. He pointed out that the Comprehensive Plan is a very real and available document and invited interested citizens in the audience to take the opportunity to review it. Mayor Cohen stated his opinion that the consequences of approving the subject rezoning request would result in generating a similar rezoning request from the west side of Osseo Road with similar undesirable interface between commercial land uses and the existing single family residential neighborhood. The Mayor expressed his opinion that there is a need for land to be devoted to C -1 uses and that the Comprehensive Plan and the new Zoning Ordinance was intended to provide a balance of land uses for a well rounded community. The Mayor referred to Attorney Reilly's previous reference regarding the potential $40,000 annual tax income to the City from the proposed development by suggesting the tax revenue to the City was not significant compared to the undesirable features which would be produced by approving the rezoning request, Councilman Heck stated that he was confused by the applicant's conflicting claims that a buffer could be provided between the subject properties and the existing single family residential neighborhood and a subsequent statement that it was not possible to provide such a buffer.. Mayor Cohen commented that if the subject property were rezoned as requested, then a C -1 or multiple family transitional zoning would be required further to the east, Councilman Leary referred to Application No. 68006 which involved some of the subject properties and which was somewhat similar to Application No. 68077. He cited the fact that Application No. 680 06 had been denied by the City Council after diligent consideration and reference to the Comprehensive Plan, 5- 283 Applicant Attorney Reilly requested the floor and responded to Councilman Heck's concern regarding the apparent buffer contradiction. Attorney Reilly stated he was referring to the applicant's ability to provide a space buffer or a fence buffer rather than a transitional land use buffer. He also stated that he had discovered this very evening that certain provisions of the City Ordinances would prohibit the erection of a service station on his client's properties. He also stated that he had met with residents of the single family neighborhood in an effort to reduce the conflicts that the proposed development would create, but conceded that the residents were probably still opposed to the rezoning. Mr. Reilly complimented Councilman Willard for the objectivity expressed in his memo to the Council and then went on to state that while the Comprehensive Plan had merit and that its integrity should probably be preserved, the City Zoning Ordinance did contain provisions for rezoning. At this time Attorney Reilly requested that the Council table the entire matter to provide him the opportunity to review Councilman Willard's memo and to reappear at a following meeting to rebut the memo. The City Manager recommended to the City Council that public hearings should serve as fact and information gathering sessions and not as argumentative or adversary sessions and, since Attorney Reilly stated that he had no new Information to present, and since the City Council had already considered the matter at great length, the City Council should render a decision this evening. Councilman Willard stated that Attorney Reilly would be furnished with a copy of his memo and he stated his opinion that the Council should make a decision on the matter this evening. Councilman Willard inquired of the City Attorney regarding the legal ramifications of permitting or not permitting a rebuttal to his memorandum. The City Attorney responded that there are no ramifications aAnoe ihe Council had adequately satisfied the requirements for a public hearing. Councilman Leary stated his position that the Council should proceed to a decision this evening. Councilman Heck stated his willingness to listen to a rebuttal from Mr. Reilly, but only if new information was presented. Attorney Reilly stated that the fact that he first became aware this evening that provisions of the City Zoning Ordinance would prohibit erection of a service station on his client's property constituted new information. Councilman Willard stated that the proposed service station was not relevant to the zoning application and thatApplication No. 68077 dealt with rezoning only, and not with a special use permit for a service station nor with plan approval of any other proposed land uses. He stated that three of the five Councilmen had been directly involved in the development of the Comprehensive Plan and that one of the remaining Councilmen sat in Council meetings during much of its development, and it seemed to be the conclusion of these four Councilmen that the requested rezoning conflicts with their interpretation of the Comprehensive Plan. At this time Mr. Reilly withdrew his request for a tabling action. Mayor Cohen elaborated on the diligent participation of individual Councilmen in the development of the Comprehensive Plan and the new Zoning Ordinance. Motion by Theodore Willard and seconded by Howard Heck that the City Manager be instructed to prepare a draft resolution denying Application No. 68077 requesting rezoning from C -1 to C -2, which draft resolution shall include the chronological sequences of the application and findings of fact enunciated by the Council, including the following: -6- 285 1. That the present Comprehensive Plan and its implementing device, the Zoning Ordinance, was developed after years of thorough study with full participation of the citizens of this community. 2. That at the time the subject property was proposed and ultimately zoned to its present classification, the owners of said property in no way protested the determination by the Council of its highest and best use consistent with the welfare of the neighborhood, and that when the current zoning ordinance was being studied and developed, one of the present owners on June 27, 1967 petitioned for and was granted rezoning to an R -B classification to permit erection of an office building which under current zoning ordinance is defined as a C -I use, 3. That the applicant in his petition for rezoning has presented no argument to show any significant change in circumstances since adoption of the present C -1 zoning. 4. That the Planning Commission and Council review of the Comprehensiv Plan and the Zoning Ordinance finds the two in their entirety consistent with respect to the subject property. 51 That the present C -1 designation provides a reasonable return to the applicant without substantially destroying the value of the adjoining properties and without destroying the possibility of achieving the Osseo Road development goals. 6. That the City Council has been consistent in its interpretation of the Comprehensive Plan and with regard to the subject area as evidenced by the denial of a C -2 rezoning request as contained in Application No. 68006. 7. That the City Council interprets the phrase "immediate vicinity of its (Osseo Road) interchange with interstate freeway 94" as contained on page 43 of the Comprehensive Plan relating to the Osseo Road Development Goals to mean property contiguous to the north side of freeway 94 as illustrated in the Comprehensive Plan map. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council recessed at 9 :37 P. M. and resumed at 9:59 P. M. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 69 -167 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 -168 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 resolu- tion was declared duly passed and adopted. -7- Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -169 RESOLUTION ACCEPTING WORK (CONTRACTED By 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 -170 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 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 -171 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. 69-172 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 -173 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. -8- 289 Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -174 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 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 -175 RESOLUTION ACCEPTING WORK (�RACTED 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 -176 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 -177 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 Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -178 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 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. I 291 Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -179 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 -180 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 -181 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 Theodore Willard introduced the following resolution and moved its adoption. RESOLUTION NO. 69 -182 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 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 -183 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. -10- 293 Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -184 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 ' 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 -185 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 „krillard; 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 -186 RESOLUTION DENYING APPLICATION 69013 SUBMITTED BY JERRY E. HARRINGTON 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 Council next considered Planning Commission Application No. 69014 submitted by Richard Eidem which had been tabled on April 14, 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. Councilman Heck informed the City Council that the applicant had modified his plans to conform to the ordinance setback and that the applicant no longer desired a variance. Motion by Theodore Willard and seconded by John Leary to deny the variance requested through Planning Commission Application No, 69014. 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 Earl Rydberg to study and make a recommendation on the matter of residential setbacks abutting public open spaces. 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 -187 RESOLUTION RECOMMEDNING LEGISLATION WHICH WOULD AMEND 1967 MINNESOTA STATUTES 429.061 REGARDING THE MAXIMUM. INTEREST RATE WHICH A MUNICIPALITY MAY COLLECT ON SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS -11- 295 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 resolu- tion was declared duly passed and adopted. The Council, City Manager and City Attorney discussed a new draft of a proposed density credit ordinance amending Chapter 35 -400. Motion by Theodore Wi llard and seconded by Howard Heck to refer the ordinance proposal to the Planning Commission for its study and recommendation. 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 approve the Mork Well Company well drilling license. 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 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 11:14 P. M. Clerk Mayor -12-