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HomeMy WebLinkAbout1969 07-14 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 July 14, 1969 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:37 P. M. Roll Call: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Also present were: D. G. Poss, Paul Holmlund, Charles Van Eeckhout, Richard Schieffer, B.E. Peterson, Thomas 0' Hehir and Robert Haarman, Reverend Roy Lindquist of Brookdale Covenant Church offered the invocation, Motion by Howard Heck and seconded by Earl Rydberg to approve the minutes of the June 30, 1969 meeting as submitted. Voting in favor were: Philip Cohen, Earl Rydbero, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to approve the minutes of the July 7, 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. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO: 69 -259 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR ATHLETIC FIELD AND HOCKEY LIGHTING AND DIRECTING ADVERTISEMENT FOR BIDS 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 John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -260 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM FOR BASEBALL BACKSTOPS 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 -261 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES -1- The motlon 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 john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -262 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A LIBRARY SALE FUND 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 Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -263 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (M. S.A. CONTRACT 1969 -F) 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 Howard Heck and seconded by Theodore Willard to authorize the Mayor and City Manager to execute a standard agreement regarding water main, sanitary sewer and fire hydrant inspection maintenance at the Brookdale Theater. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unani- mously. Motion by Theodore Willard and seconded by Howard Heck to authorize the City Manager to rent available contractor's equipment to perform works related to Capital Projects provided that bi- monthly reports outlining expenditures and related appropriations are presented to the City Council. 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. 69019 submitted by Pearson and Swanson Co. requesting site and building plan approval for a three story, 66 unit apartment building to be located at 6535 Osseo Road. The City Manager gave a brief overview of the application and then called upon the Planning Commission Secretary Robert Haarman to present the application to the Council. Motion by Theodore Willard and seconded by john Leary to approve Planning Commission Application No. 69019 submitted by Pearson and Swanson subject to the following conditions: 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; -2- 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 to be submitted and subsequently approved by the City Council; 4. The intention of the Minnesota Highway Department to require the developer to install a right turn lane on Osseo Road onto the property is acknowledged by the City Council and is herewith made a condition of plan approval. Assurance of compliance a form approved by the City Manager shall be furnished prior to issuance of a building permit; S. The berm which is being installed where the R -5 zone abuts the R -1 zone will be constructed to an elevation of 862.00. In this manner the berm shall be constructed to a height of at least 4 feet. 6. The applicant shall prepare and submit for Council approval a revised landscaping plan illustrating the dense planting of evergreen materials to serve as a screen along the west and south property lines. The plan shall be submitted and approved by the City Council and installed prior to issuance of any occupancy permits for the project. `Doting 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. 69036 submitted by Zollie Baratz for the Bar -Ett Investment Co. requesting preliminary plat approval. for property generally located at 7015 Osseo Road. Motion by Howard Heck and seconded by Earl Rydberg to approve Planning Commission Application No. 69036 requesting preliminary plat approval. 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. 69037 submitted by Mrs. Thomas Huesmann requesting a Special Use Permit for a special home occupation (beauty shop) to be located inthe basement level of her home at 7243 Newton Ave. No. After the City Manager presented a brief review of the application a motion was made by Earl Rydberg and seconded by John Leary to approve Planning Commission Application No. 69037 with the following conditions: 1. The Special Use Permit shall be reviewed by the Planning Commission in one year with an automatic extension for two additional years if it is determined that no problems exist in regard to the operation of this special home occupation; 2. The R -1 (residential) character of the site shall not be altered and any proposed site alterations must be submitted for review by the City. 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. 69038 submitted by Donald Schwegel requesting a variance from Section 35 -400 (6) of the City Ordinances, The Table of Minimum District Requirements, which states that "except as otherwise provided, garages shall be permitted to be constructed to within 5 ft. of the rear property line. " The property is located at 5317 Logan Ave. No. Motion by Theodore Willard and seconded by john Leary to approve Planning Commission Application No. 69038 in such a manner as to allow the applicant to build a garage one foot from his rear property line on the basis that the existing ordinance structure does not provide adequate standards relating to garb setbacks along alleys. Voting in favor were: Philip Cohen, john Leary Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -3- Motion by Theodore Willard and seconded by Howard Heck to direct the City Manager to request the Planning Commission study setback provisions as they relate to garages abutting alleys. Voting in favor were; Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Noting against were: none. Motion carried unanimously. The meeting recessed at 9:12 P. M. and resumed at 9 :24 P. M. The Council next considered Planning Commission Application No. 69039 submitted by lied Goener and David Betland requesting a variance from Section 15 -104 of the City Ordinances, which would permit subdivision without platting. The property is located at 7120 and 7130 Logan Ave. No. respectively. Motion by john Leary and seconded by Theodore Willard to approve Planning Commission Application No. 69039 requesting a variance from the Platting Ordinance to permit subdivision without platting, with the following conditions: 1. The existing lots will retain 138 ft. of depth and therefor not violate back yard setback requirements; 2. A drainage and utilities easement will be executed by the applicants as requested by the City Engineer. 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. 69040 submitted by Daryl McCarthy requesting a variance from Section 15 -104 of the City Ordinances which would permit subdivision without platting, a property located at 1601 - 73rd Ave. No, Motion by john Leary and seconded by Earl Rydberg to approve Planning Commission Application 140. 69040 requesting a variance from the Platting Ordinance to permit subdivision without platting on the conditions that: 1. A 10 ft. drainage and utility easement centered on the dividing line of the two properties will be executed by the applicant; 2. That the north 30 ft. of Woodbine Lane abutting the subject property be dedicated to the City. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. noting against were; none. Motion carried uanimously. The Council next considered Planning Commission Application No. 69042 submitted by jolly Green Giant Restuarant, Inc. requesting a variance from Section 34 -140.3 a (2) (a), which would permit the installation of a larger freestanding identification sign than allowed by ordinance for the restaurant located at 5540 Osseo Road. After an extensive discussion among the Council and staff and a representative of the Naegele Outdoor Advertising Co. it was the consensus of the Council that the applicant failed to demonstrate a hardship, and further, that since the Council and Planning Commission had very recently formulated new sign ordinance provisions, there is no reason to consider modifications of said provisions -4- I Motion by Howard Heck and seconded by John Leary to not approve Planning Commission Application No. 69042. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. doting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 69043 M submitted by Homedale Builders requesting site and building plan approval for garages (40 units) to be added to the apartment complex generally located at 65th and Humboldt Ave. No. Motion by Theodore Willard and seconded by Howard Heck to approve Planning Commission Application No. 69043 requesting site and building plan approval for garages on the following conditions: 1. That existing performance bond guaranteeing site improvements with a completion date of July 1, 1970, be used to guarantee site work associated with the addition of these garages; 2. The garages be located no closer than 3 feet from the westerly property line 3. A revised landscaping plan providing for installation of trees consistent with Section 35 -410 shall be submitted and approved by the City Council and implemented before release of the performance bond. 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 Applicam No. 69044 submitted by the Brooklyn Center State Bank requesting site and builds plan n9 P approval, for expansion on the east side of the existing bank building. After review of the subject application by the Planning Commission Secretary and discussion with the applicant a motion was made by john Leary and seconded by Earl Rydberg to approve Planning Commission Application No. 6904 requesting site and building plans for an addition to the east side of the existing bank building with the following conditions: 1. Utility and drainage plans are subject to 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; 4. ' The applicant shall update the existing site plan, to include contours and elevatlons�. for approval by the City Engineer. 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 reviewed factors relating to Curb & Gutter Improvement Project No. 1969 -75 which was considered at a public hearing on June 30th. Mayor Cohen stated that Councilman Heck, Councilman Rydberg, City Engineer Van Eeckhout, and he made an inspection visit to the 6100 block of Bryant Ave. No. July 12, 1969. Following an extensive discussion among the Council, staff and affected property owners, a motion was made by Theodore Willard and seconded by John Leary to confirm the inclusion of the 6100 block of Bryant Ave. No. as part cf the Curb & Gutter improvement Project No. 1969 -75 as approved by Resolution No. 69 -257 on July 14, 1969. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. doting against were: none. Motion carried unanimously. -5- At this time Mr. John CuIenchyn registered a complaint that his new water service was not properly located at his front property line. City Engineer Van Eeckhout acknowledged that the contractor had installed several water services along Bryant Ave. No. short of the property line and that this matter had been generally resolved, Motion by John Leary and seconded by Howard Heck to acknowledge receipt of the annual audited financial report for the year ended December 31, 1968. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting agadnst were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Rydberg to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ORDINANCES REGARDING UNCLAIMED PROPERTY AND MOTOR VEHICLES 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 Theodore Willard to approve the final plat of the Chrysler Realty Addition. 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 approve the final plat of Elnickey`a Addition. 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 St, Alphonsus Church 4113 - 71st Ave, No. Cigarette License Donaldson's Hwy. 100 & Osseo Road Gasoline Service Station License Brookdale Chrysler - Plymouth 6111 Osseo Road Heating License toy Plumbing and Heating Co, 7217 - 77th Ave. No. Richmond's and Sons Electric 2810 Major Ave. Nor Itinerant Food Establishment St. Alphonsus Church 7031 Halifax Ave. No. Non - perishable Food Vending Machine License Viking Enterprise 714 Park Ave. 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 adjourn the meeting. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Neck and Theodore Willard. Voting against were: none. Lion carried unani- mously. The Cou 1 meeting adjourned at 11 :48 C lerk Mayor -6-