HomeMy WebLinkAbout1967 05-29 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
Minnesota
May 29, 1967
The City Council met in special session and was called to order by
Mayor Pro -tem Howard Heck at 7 :35 P. M.
Roil Call: John Leary, Gordon Erickson, Howard Heck and Theodore
Willard were present. Mayor Philip Cohen was absent. Also present were:
D. G. Poss, T. L. Hadd, P. W. Holmlund, Charles Van Eeckhout and James
Johnston.
Reverend Paul Bubna of the Northbrook Alliance Church offered the
invocation.
Motion by Gordon Erickson and seconded by Theodore Willard to
approve the minutes of the May 15, 1967 City Council meeting as recorded.
Motion carried unanimously.
Mayor Pro -tem Howard Heck announced that the meeting was open to
consider the proposed vacation of James Avenue North between 65th and 69th
Avenues North. After hearing comments presented by the staff relative to the
proposed vacation and comments offered by affected property owners and the
public, member John Leary moved and Theodore Willard seconded to declare
a first reading of the following titled ordinance and direct that said ordinance
be placed on the June 26, 1967 agenda for adoption:
AN ORDINANCE VACATING THAT PORTION OF JAMES AVENUE
NORTH LYING BETWEEN 65TH AVENUE NORTH AND 69TH
AVENUE NQRTH AS A P UBLIC
Motion carried unanimously.
Motion by John Leary and seconded by Gordon Erickson to authorise
the Mayor and City Manager to execute a lease agreement with Dayton
Development Company relative to Liquor Store No. 3 in Brookdale Shopping
Center. Voting in favor of the motion: John Leary, Howard Heck and Gordon
Erickson. Abstaining: Theodore Willard. Motion carried.
Member Theodore Willard introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -160
RESOI&TION IQ APPR VE P R HAS HE R
The motion for the adoption of the foregoing resolution was duly seconded by
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member Gordon Erickson, and upon vote being taken thereon, the following
voted in favor thereof: Howard Heck, John Leary, Gordon Erickson 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. 67 -161
RESOLUTION AUTHORIZING THE PURCHASE OF ONE NATIONAL
WE
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: Howard Heck, John. Leary, Gordon Erickson and
Theodore Willard, and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.
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The Mayor announced that the meeting was open for the consideration
of proposed Water Main Improvement Project No. 1967 -26
The Clerk produced an affidavit of publication of notice of hearing on
the proposed improvement showing two weeks` publication thereof in the
official newspaper, the last publication being on May 25, 1967, which
affidavit was examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of said
Improvement, member John Leary introduced the following resolution and moved
its adoption:
RESOLUTION NO. 67 -162
RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN
IMPROVEMENT PRQJJCT NQ. 1967 -26
The motion for the adoption of the foregoing resolution was duly seconded by
member Gordon Erickson, and upon vote being taken thereon, the following
voted In favor thereof; Howard Heck, john Leary, Gordon Erickson and
Theodore Willard, and the following voted against the same; none,
whereupon said resolution was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Sanitary Sewer Improvement Project No. 1967 -27.
The Clerk produced an affidavit of publication of notice of hearing on
the proposed improvement showing two weeks publication thereof in the
official newspaper, the last publication being on May 25, 1967, which
affidavit was examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of
said improvement, member Theodore Willard introduced the following resolu-
tion and moved its adoption:
RESOLUTION NO. 67 -163
RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER
IMPROVEMENT VZONCT NO. 1967 -27
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. Howard Heck, john Leary, Gordon Erickson and Theodore
Willard, and the following voted against the same: none, whereupon said
resolution was declared duly passed and ad*VW.
Mayor Cohen entered the meeting at 8:15 P. M. and assumed the chair.
The Mayor announced that the meeting was open for the consideration
of ro sed Storm Sewer -
28.
S er Im roveme 1
p Po Improvement P roject No. 967
p j
The Clerk produced an affidavit of publication of notice of hearing on
the proposed improvement showing two weeks publication thereof in the
official newspaper, the last publication being on May 25, 1967, which
affidavit was examined and found satisfactory and ordered placed on file.:
The Mayor then called upon all property owners present to present
arguments either for or against the proposed Improvement. After hearing and
considering all objections, and the property owners appearing in favor of
said improvement, member Gordon Erickson introduced the following
resolution and moved its adoption:
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115
RESOLUTION NO. 67 -164
RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER
IMPROVE T ZWZCT NO 1967 -25
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, Howard Heck, Gordon Erickson
and Theodore Willard and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Street Surfacing Improvement Project No. 1967 -29.
The Clerk produced an affidavit of publication of notice of hearing
on the proposed improvement showing two weeks publication thereof in the
official newspaper, the last publication being og May 25, 1967,, which
affidavit was examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of
said improvement, member Theodore Willard introduced the following resolu-
tion and moved its adoption:
RESOLUTION NO. 67 -165
RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING
IM UMMI MQMT NO. 1967 -29
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, Howard Heck, Theodore Willard
and Gordon Erickson, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Sanitary ewer Improvement -
31,
ary pro nt Pro ect No. 1967
Project
The Clerk produced an affidavit of publication of notice of hearing on
the proposed improvement showing two weeks publication thereof in the
official newspaper, the last publication being on May 25, 1967, which
affidavit was examined and found satisfactory and ordered placed on file,
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of
said improvement, member Howard Heck introduced the following resolution
and moved its adoption:
RESOLUTION NO. 67 -166
RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER
1967-31
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, Howard Heck, Gordon Erickson
and Theodore Willard, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Water Main Improvement Project No. 1967 -32.
The Clerk produced an affidavit of publication of notice of hearing on
the proposed improvement showing two weeks publication thereof in the
official newspaper, the last publication being on May 25, 1967, which
affidavit was examined and found satisfactory and ordered placed on file.
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113
The Mayor then called upon all property owners present to present
arguments either for or against the proposed Improvement. After hearing and
considering all objections, and the property owners appearing in favor of
said improvement, member Gordon Erickson introduced the following resolu-
tion and moved its adoption:
RESOLUTION NO. 67 -167
RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN
PR MENT PROZgJ KQ. 1967 -32
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, Howard Heck, Gordon Erickson
and Theodore Willard, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Street Surfacing Improvement Project No. 1967 -33.
The Clerk produced an affidavit of publication of notice of hearing on
the proposed improvement showing two weeks publication thereof in the
official newspaper, the last publication being on May 25, 1967, which
affidavit was examined and found satisfactory and ordered placed on file,
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of said
.improvement, member Theodore Willard introduced the following resolution
and moved its adoption:
RESOLUTION NO. 67 -►168
RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING
IMPR OVEMENJ P O 1967 -33
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 Lary. Howard Heck, Gordon
Erickson and Theodore Willard, and the following voted against the same:
none, whereupon said resolution was declared duly passed and adopted,
Member Gordon Erickson introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -169
RESOL TION AQCErnKQ Bip AND Afp CONTMQT F RM
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, Howard Heck, Gordon Erickson
and Theodore Willard, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
The City Council then considered Planning Commission Application
No. 67405 submitted by Bruce Hasselberg, said application being a request
for rezoning, and a special use permit to authorize the operation of a service
station. At the request of the Mayor, the City Manager summarized the
previous actions of the Council and the Planning Commission relative to the
subject application. The City Manager further informed the City Council that
preliminary design drawings of a Highway # 140 - France Avenue North Inter-
change complex prepared by the Minnesota Highway Department indicated that
the subject property would be eventually enveloped within the proposed inter-
change right -of -way. The City Manager informed the City Council that
because of recent legislative actions appropriating additional funds to the
Minnesota Highway Department, the Highway Department was scheduling
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construction of said interchange in its 5 -year construction program which 121
would be published in July 1967.
Thereafter, the Mayor called upon interested parties in attendance for
comments. After receiving comments from the applicant and a representative
of Shell 411, and such comments as interested residents offered related thereto,
member Howard Heck moved and John Leary seconded that the public hearing
on Application No. 67005 be closed. Motion carried unanimously.
After due deliberation on the information presented in regard to Applica-
tion No. 67005, member Howard Heck moved and Gordon Erickson seconded
that the City Manager and City Attorney be directed to draft a resolution deny-
ing Application No. 67005, said resolution to be based on Council facts and
findings enumerated to the City Manager and City Attorney this evening, said
resolution to be submitted to the Council for consideration at its meeting June
12, 1967.
Motion by Theodore Willard and seconded by Howard Heck to direct
the City Manager and City Attorney to draft a resolution rejecting the request
for a special use permit as requested in Application No. 67005, since the
zoning classifications of the subject property do not permit the operation of
an automobile service station. Said resolution shall be submitted to the
Council for consideration on June 12, 1967. Motion carried unanimously.
Motion by John Leary and seconded by Gordon Erickson to table
Application No. 67019 submitted by Bermel- Smaby Realty Company until the
June 12, 1967 meeting,, at the request of the applicant. Motion carried
unanimously.
Motion by Theodore Wllerd and seconded by Gordon Erickson to table
Application No. 67024 submitted by Roland Erickson until the June 12, 1967.
meeting, said tabling for the purpose of allowing the applicant an opportunity'
to submit a revised preliminary plat to the staff for review. Motion carried
unanimously.
The City Council then considered Application No. 67025 submitted by
Wiensch Construction Company, said application being a request for the
approval of the preliminary plat of "Wiensch Addition", and further, the
approval of site and building plans of a townhouse development to be built
on the property within Wiensch Addition. After due consideration of the
Planning Commission's recommendations in regard to the subject application,
the Mayor called upon interested parties in attendance for their comments.
Following due deliberation of information presented in regard to the subject
application, member Howard Heck moved and Gordon Erickson seconded that
the City Council approve the preliminary plat of "Wiensch Addition" as sub-
mitted in conjunction with Application No. 67025. Motion carried unanimously.
Member John Leary moved and Theodore Willard seconded that the City
Council approve the site and building plans for a 92 -unit townhouse develop-
ment to be built upon future Lot 1, Block 1, Wiensch Addition subject to the
following stipulations and conditions:
1. That a transition and buffer plan for the western boundary of
the proposed development be devised through consultation
between the developer and adjacent residential property
owners to the west of the development, with said plan to be
re- submitted to the City Council for approval.
2. That the interior curbing along parking .and driving areas is
to be of concrete construction, subject to the approval of
the City Engineer.
3. That approval of the building plans submitted is contingent
upon final apprpval of the building inspector as to applicable
building codes.
4. That no building permits are to be issued until satisfactory
utility plans have been approved by the City Engineer.
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5. That a performance agreement and performance bond (the
amount to be determined by the City Manager) be sub+
mitted to the City to guarantee the site improvements Iset
out in the approved plans and as stipulated herein or required
by ordinance, the bond and agreement to be for a period of
30 months from the date of issuance of the building permit.
6. That the final plat of "Wiensch Addition" is to be recorded
prior to the issuance of building permits for the project,
Motion carried unanimously.
Motion by john Leary and seconded by Theodore Willard to amend the
special use permission granted in regard to Application No. 66041 to permit
the erection of a freestanding sign 24.4 feet high, said sign not to exceed
90 square feet, at the American Oil Company service station at 6900 Humboldt
Avenue North. Motion carried unanimously.
Motion by Howard Heck and seconded by Gordon Erickson to amend the
special use permit granted in regard to Application No. 66038 for the Shell Oil
Company service station at 6545 Lyndale Avenue North to permit the erection
of two freestanding signs of the following heights and dimensions;
(a) One sign 18 feet high, 36 is w"qua to be placed
along 66th Avenue North.
(b) One sign 26.5 feet high, 64 square feet in area to be C
placed along Lyndale Avenue North.
Motion carried unanimously.
Motion by Gordon Erickson and seconded by John Leary to amend
special use permit granted in regard to Application No. 66039 for the Shell
Oil Company service station at 1505 - 69th Avenue North, to permit the
erection of a freestanding sign 24 feet in height and not to exceed 90 square
feet in area. Motion carried unanimously.
Member Theodore Willard introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -170
RESOLUTION AUTHORIZING REFUND OF OVERPAYMENT Or
1966/67 INSTALLMENT ON LEVY 3440, SANITARY LATERAL
65A -15 ON lMgTT E a R. L,_S. t 936
The motion for the adoption of the foregoing resolution was duly! seconded by
member Howard Heck, and upon vote being taken thereon, the fallowing
voted in favor thereof. Philip Cohen, Gordon Erickson, Howard Heck and
Theodore Willard; and John Leary; abstained from voting. and the following
voted against the same: none, whereupon said resolution was declared duly
passed and adopted,
Member Howard Heck introduced the following resolutioh and moved
its adoption:
RESOLUTION NO. 67 -171
RESOLUTION AMENDING THE BYLAWS OF THE CAPITAL
IMPROVEMENTS REVIEW BOARD AS SET OUT IN COUNCIL
SO 66.95
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, Jahn Leary, Howard Heck, Gordon Erickson
and Theodore Willard, and the following voted against the samet. none,
whereupon said resolution was declared duly passed and adopted.
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Member Theodore Willard introduced the following resolution and 107
moved its adoption:
RESOLUTION NO. 67 -172
RESOLUTION AMENDING THE 1967 GENERAL FUND BUDGET
OS P ME j THE PARK LABOR A CCOUNT
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, Howard Heck, Gordon Erickson 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. 67 -173
RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT
PROJECT NO. 1967 -34 AND SANITARY SEWER IMPROVEMENT
PROJECT NO. 1967 -35 AND ORDERING PREPARATION OF
PLANS AM 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, Howard Heck, Gordon Erickson
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. 67 -174
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
WATER IMPROVEMENT NO. 1967 -34 AND PROVIDING FOR
REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT
NO, 1960 -1
The motion for the adoption of the foregoing resolution was duly seconded by
member Gordon Erickson, and upon vote being taken thereon, the following
voted in favor thereof: Philip Cohen, john Leary, Howard Heck, 'Gordon
Erickson and Theodore Willard, and the following voted against the same:
none, whereupon said resolution was declared duly passed and adopted.
Member Gordon Erickson introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -175
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
SAN ARY R IMEMbZNT NQ, 1967 -
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, Howard Heck, 'Gordon
Erickson 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. 67 -176
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FO$t
WATER MAIN IMPROVEMENT PROJECTS NO. 1967 -9, 32 &134,
AND SANITARY SEWER IMPROVEMENT PROJECTS N0.1967 -0$,
31 & 35 &M DjMgZNG ADVZg=jaNT Egg BIDS
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105
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, Howard Heck, Gordon
Erickson 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 Gordon Erickson to declare
a first reading of the following titled ordinance and to direct that the proposed
ordinance be placed on the June 26, 1967 agenda for adoption:
AN ORDINANCE RESTRICTING VEHICULAR TRAFFIC ON PUBLIC
WALKWAYS AND PRESCRIBING PENALTIES FOR THE VIOLATION
T -or. .
Motion carried unanimously.
Motion by Theodore Willard and seconded by Gordon Erickson to declare
a first reading of the following titled ordinance and to direct that the proposed
ordinance be placed on the sine 26, 1967 agenda for final consideration:
AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES
AND REVISING THE STANDARDS FOR, AND RESTRICTIONS UPON,
TIM LICENSIM, OPERATION AND =NTERANCE Qf D 1ZNNgJ&
Motion carried unanimously.
Motion by John Leary and seconded by Howard Heck that the City
Council confirm the Mayor's appointment of Mr. Orlin Braun , 6112 Dupont
Avenue North, to serve as a member of the Capital Improvements Review Board.
Motion carried unanimously,
Motion by Gordon Erickson and seconded by Howard Heck that since:
1. the City Council has received a petition dated May 19, 1967
from Brooklyn Center Industrial Park, Inc. for the razing
of certain dilapidated structures on the Brooklyn Center
Industrial. Park property north of Interstate 94;
2. the buildings are not located in a built up residential
area; and
3, the buildings have proven to be an attractive nuisance to
children in the area, and have been the source of substantial
concern to the Fire Department and have been the object of
several fires;
that the Council authorize the City Manager to direct the City Fire Department
to raze the subject structures, Motion carried unanimously.
Motion by Theodore Willard and seconded by Gordon Erickson to
approve the following licenses:
Gas Pi2MS License:
Standard Heating Company 410 W. Lake St.
Hg§AM 14censes
Bancroft & Mitsch Plumbing & Heating Rt, 4, Osseo,, Minnesota
Bruce Plumbing Co. 4747 Twin Lake Ave.
Faixcon Inc. 2021 W. County Rd. C. Roseville
Electric Repair & Const. Co. 4024 Washington Ave, No.
Standard Heating Co. 410 W. Lake St,
Suburban A/C Co. 8419 Center Dr.
Food Establishment ,License
Brooklyn Center American Little League 6831 Regent Ave. No.
&ubbigh, HaUUM J"eWe
Robbinsdale Transfer, Inc. 3932 Xenia. Ave. No.
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Qlass A Motor vehicle Dealers L aR
Brookdale Motors, Inc. 2500 County Road 10
Iten Chevrolet Co. 6701 Osseo Road
Motor Vehicle Dealers License:
Center Salem Inc. 5756 Osseo Road
Motion carried unanimously.
Motion by Howard Heck and seconded by john Leary to table consider-
ation of Brookdale Chrysler application for an automobile dealer license until
the June 12 1967 meeting. Motion carried unanimously.
Motion by john Leary and seconded by Theodore Willard to authorize
the Mayor and City Manager to execute an agreement with McChesney
Construction Company relative to the maintenance of hydrants and water
mains in the McChesney apartment development at the southeast corner of the
intersection of Highway 100 and Osseo Road. Motion carried unanimously.
Motion by Cordon Erickson and seconded by Howard Heck to adjourn.
Motion carried unanimously. The City Council adjourned at 12 :50 A. M.
Mayor
Clerk
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