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HomeMy WebLinkAbout1969 11-17 CCM Special Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Mi nn�sora November 17, 1969 The City Council met in special session and was called to order by Mayor Philip Cohen at 7 :31 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, Robert Haarman, Thomas O' Hehir and Bambridge Peterson. Motion by Theodore Willard and seconded by john Leary to approve the minutes of the October 27, 1969 meeting as submitted. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg and Theodore Willard, Voting against were: none. (Howard Heck abstained). Motion carried. Motion by Earl Rydberg and seconded by john Leary to approve the minutes of the November 4, 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 Howard Heck and seconded by Theodore Willard to authorize the Mayor and City Manager to execute an agreement with Moen and Penttila, independent Certified Public Accountants, to perform the audit of 1969 City funds. 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 appoint Charles Otis Vandervort, a Dayton Development Corporation employee, and Edwin Bahr, a Donaldson employee, to be special police officers at Brookdale Center at the respective stores, said officers not authorized to wear sidearms. 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 declare the forfeiture of a $100 bond deposited with the City by Radke Tree Farms for failure to clean up after 1968 Christmas tree sales in the Shopper's City lot. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member Theodore ',rillard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -311 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR EAST SIDE FIRE STATION AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member jo'-n 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 Bald resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved is adoption. RESOLUTION NO. 69 -312 RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF U1 :COLLEC CHECKS 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 -313 RESOLUTION AUTHORIZING THE PURCHASE OF 72 - 5/8 x 3/4 WATER METERS 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 therof: 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 -314 RESOLUTION TO ESTABLISH A WEED INSPECTOR'S FEE FOR THE CUTT OF NOXIOUS WEEDS BY THE CITY OF BROOKLYN CENTER 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. The Council next considered Planning Commission Application No. 69054 submitted by U -Haul Co. on behalf of the Sipe and Gray Texaco Service Station located at 4861 Osseo Road requesting a special use permit that would allow trailer rentals. Following a presentation of the application by the City Manager and by Planning Commission Secretary Haarman a discussion ensued. A motion was made by John Leary and seconded by Earl Rydberg that Application No. 69054 requesting a special use permit be approved with the following conditions: 1. The number of trailers to be parked at the station will not exceed eight in number; 2. The special use permit shall be reviewed by the City in one year; 3. Notice of this action shall be sent to the Minnesota Highway Department. �., nag 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 an amendment to Planning Commission Application No. 65018 submitted by Iten Chevrolet which originally approved the c- ;xisting identification sign (three -sided pylon) on the premises at 6701 Osseo Road. - Following a presentation of the application by the City Manager and by Planning Commission Secretary Haarman an extensive discussion ensued among the Council, staff and City Attorney. A motion was made by Theodore Willard and seconded by John Leary to approve an amendment to Planning Commission Application No. 65018 to permit substitution of a logogriph within the sign body on the basis that the requested modification does not constitute a material alteration on the sign area, structure or geneva appeaxc.nce and that the approval be conditioned by the following: 1. That the proposed substitution will not affect the height or area requirements as originally approved; 2. That this and any future sign substitutions be limited to identification, monograms or logographs. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. The next item for consideration related to an extension to Planning Commission Application No. 69022 submitted by Iten Chevrolet approving a special use permit for the placement of a mobile home trailer on the premises of Iten Chevrolet to serve as a temporary truck sales office until October 31, 1969. Following a presentation of the matter by the City Manager and by Planning Commission Secretary Haarman the applicant, Joe Iten, explained to the Council the need to extend the mobile office permit until July 1, 1970. Motion by Howard Heck and seconded by Earl Rydberg that Application No. 69022 be amended by extending the time limit for the special use permit until July 1, 1970. 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. 69058 submitted by Midwest Pattern requesting a variance from ordinance requirements of Section 35 -400 (the 10 foot setback) and site and building plan approval for an addition to Midwest Pattern Co. at 3525 - 48th Avenue North. Following a presentation of the application by the City Manager and by Planning Commission Secretary Haarman discussion ensued among the applicant, Mike Flaaten, and the City Council regarding the improvement of the parking lot at the site. It was concluded that the sealcoating of the parking lot recently completed by the applicant sufficiently satisfied prior deficiencies. A motion was made by Earl Rydberg and seconded by Howard Heck that Application No. 69058 be approved with building plans subject to the approval of the Building Inspector with respect to applicable building codes. 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. 69059 submitted by Allen Construction Co. requesting a variance from Section 35 -400 of the City Ordinance which requires a 25 ft. side corner setback. Following a presentation of the application by the City Manager and by Planning Commission Secretary Haarman discussion ensued. A motion was made by Theodore Willard and seconded by Howard Heck that Application No. 69059 be approved because Lake Breeze Avenue abutting the property is not a through traffic way to Twin Lake, and therefomthe imposition of a street setback require - ment would create a hardship to the specific property. Voting in favor were: Phillip 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. 69060 submitted by Northwestern Bell Telephone Company requesting a variance from Section 34- 130.11 of the City Ordinance which prohibits billboards, i.e. a sign located off the premise. Following a presentation of the application by the City Manager and by Planning Commission Secretary Haarman extensive discussion ensued among the r;ouncil and applicant, Mr. Johnson, and City staff. Concern was expressed about the potentially undercutting effect on the new sign ordinance which such a variance approval could precipitate. After further dialogue the mayor suggested that possibly a governmental directional sign could be erected which would accomplish the same thing as intended by the applicant's proposed commercial directional sign. The applicant concurred with this suggestion. -3- A motion was made by Howard Heck and seconded by Earl Rydberg to deny Application No. 69060, a variance from Section 34- 130,11 of the City Ordinance, and to authorize the City Manager to cooperate with Northwestern Bell Telephone Co, in causing a governmental directional sign to be erected in the vicinity of County Road 10 and Shingle Creek Parkway. 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. 69062 submitted by Bill Till requesting a variance from Section 35 -400 which requires a lot width of 75 ft. (63 ft. proposed) for a two family dwelling at 5344 Camden Avenue North. Following a presentation of the application by the City Manager and by Planning Commission Secretary Haarman discussion ensued. The Council queried the applicant, Bill Till, who responded that Mr. Munson, who he was representing, was issued a building permit in October of 1968 which had since expired, for the purpose of constructing a two family dwelling. Further discussion ensued among the Council and staff regarding the neighborhood precedent that would be established if said variance was granted and regarding the merits of the request in relation to ordinance standards. Motion by Theodore Willard and seconded by Howard Heck to table Application No. 69062 until December 1, 1969 with the concurrence of the applicants, in order to allow the Council time to make an on -site inspection of subject applicant's property as well as the neighborhood. 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 :55 P. M. and resumed at 10 :17 P.M. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -315 RESOLUTION AMENDING RESOLUTIONS NO. 69 -160 AND 69 -243 RELATIVE TO SOD 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 -316 RESOLUTION ESTABLISHING DEEP WELL IMPROVEMENT PROJECT NO. 1970 -1 (WELL #7) AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 resolu- tion was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -317 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES 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 Theodore Willard introduced the following ordinance and moved its adoption: ORDINANCE NO. 69 -25 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCE REGARDING GENERAL LICENSING REGULATIONS -a- THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 23 -010 is hereby amended by the addition of the; following: Type of License Required by Section License Expires Fees "On-Sales't Intox- icatin Liquors 11 -507 December 31 $10,000 Section 2: This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 17th day of November, 1969. 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. Motion by john Leary and seconded by Earl Rydberg to approve the following licenses: Christmas Tree Sales License Egna, Inc. 5040 Osseo Road Heating License Kal's Plumbing & Heating 7101 West; Palmer Lake Drive Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager next presented to the Council a draft snowmobile ordinance. He stated that the draft ordinance reflects the most stringent local regulations possible under the 1969 amendments to the State law and regulations ostablished by the Minnesota Conservation Commissioner. After some discussion the Mayor requested that the City Manager place the draft snowmobile ordinance on the City Council agenda December 1, 1969. c Motion by Theodore Willard and seconded by Earl Rydberg that the meeting be adjourned. Voting in favor were: Philip Cohen, John Leary,, * Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 11 :02 P. M. clerk Mayor -5-