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HomeMy WebLinkAbout1967 07-24 CCM Regular Session 285 Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of M„Lnnesota July 24, 1967 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:33 P. M. Roll Call: Philip Cohen, Gordon Erickson, Howard Heck and John Leary were present. W. Willard arrived later in the meeting as noted. Also present were D. G. Poss, Charles Van Eeckhout, Paul Holmlund, James Johnston, Thomas O'Hehir and Richard Cihoski, Reverend Ernest J. Vick of the Berean Ev. Free Church offered the invocation. Motion by Howard Heck and seconded by John Leary to approve the minutes of the July 10, 1967 City Council meeting as submitted, Motion carried unanimously. Civil Defense Director, Ed Coleman, was present to discuss the City's Civil Defense program, especially the high quality training program for the CD personnel, which has made the Brooklyn Center Department of Civil Defense one of the best in the state. He outlined the activities of Civil Defense, and distributed the Civil Defense activity schedule through May of 1968. He then recommended that if and when a future City Hall is constructed that there definitely should be installed within that City Hall a permanent emergency operating center for Civil Defense operations, Member Gordon Erickson introduced the following Ordinance, moved to declare a complete second reading, and further moved its adoption: ORDINANCE NO. 67 -13 AN ORDINANCE PROHIBITING GOLF ACTIVITIES IN CITY PARKS AND PROVIDING PENALTIES FOR VIOLATION THEREOF THE COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS.. Section 1: Chapter 19 of the City Ordinances is hereby amended by the addition thereto of the following: Section 19 -1201 GOLF ACTIVITIES PROHIBITED IN CITY PARKS. No L)e rson shall PjjiX or practice golf nor use olf eqWpment of agy kind in a ublic park within the Ci ty Of Brooklyn Center, exce t under the direct su22rvis Lon of an employee of the De artment of Parks and Recreation or as a scheduled Mrt of the City's Park and Recreation Rrogram. Section 1, 2 -1202 PENA=. „&Z Person violatingLthe provisions of this ordinance u n conviction, shall be punished by a fie of Bgt more than one hundred dollars or I& im risonme t for not more than 90 da s . Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 24th day of July, 1967. The motion for the adoption of the foregoing Ordinance was duly seconded by member John Leary, and upon a vote being taken thereon the following voted In favor thereof: Philip Cohen, John Leary, Gordon Erickson and Howard Heck, and the following voted against the same: none, whereupon said Ordinance was declared duly passed and adopted. -1- 237 Mr. Poss then explained that two final plats were before the Council for final approval this evening: "Twin Cities Interchange Park "; and "Northtown Plaza Second ,Addition ". He stated that during his absence from the City during the previous week, a letter had been received from the State of Minnesota describing new statutory requirements relating to platting which required the approval of state and/or county highway departments whenever property to be subdivided abutted or included within itself, a state or county highway. He further stated that since we had been unaware of this statutory requirement previously (since its adoption in the 1967 Legislative Session) the Staff had not had an opportunity to present these plats to the respective highway departments for their review. Mr.. Lushine of Brooklyn Center Industrial Park Inc. was present to discuss the "Twin Cities Interchange Park" with the Council. Following the discussion of the final plat of "Twin Cities Interchange Park",, the following action was taken. Motion by Howard Heck and seconded by john Leary to authorize the Mayor and Clerk to sign the final plat of "Twin Cities Interchange Park" upon receipt of favorable comment relating to this sub- . divis from the State and County Highway ,Departments. Motion carried unanimously. As only part of the final plat of "Northtown Plaza Second Addition" had been brought in by the representative of the applicant, Lecon Properties, the Mesyor asked the Manager to set this item aside until the next meeting of the Council. The Mayor announced that the meeting was open for the consideration of proposed Grading, Baga. and wing ftprovememt Pict No. 1967 -10 and Curb and Gutter Improvement Project o. 19 -1 j N 67 1. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvements showing two weeks publication thereof in the official newspaper, the last publication being on July 20, 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 improvements. After hearing and considering all objections, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -233 RESOLUTION ORDERING CONSTRUCTION OF GRADING, BASE AND SURFACING IMPROVEMENT PROJECT NO. 1967 -10 AND CURB AND GUTTER IMPROVEME PRO C N% 1967 -11 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being aken thereon the following g , 9 voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, and Howard Heck, 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 ro sed Grading, ase P Fo 9 and Surfacing Improvement g I p ement Project No. 1967 -12 and Curb and utter G Improvement . Project No. 1967 -1 p 3 j The Clerk produced an affidavit of publication of notice of hearing on the proposed improvements showing two weeks publication thereof in the official newspaper, the last publication being on July 20, 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 improvements. After hearing and considering all objections, member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -234 -2- 289 RESOLUTION ORDERING CONSTRUCTION OF GRADING, BASE AND SURFACING IMPROVEMENT PROJECT NO. 1967 -12 AND CURB AND G=& IMPROVEWNT PR CT NO 1967-13 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, Gordon Erickm n,, and Howard Heck, and the following voted against the same: none, whereupon said resolution was declared passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Grading, Base and Surfacing Improvement Project No. 1967 -14 and Curb and Gutter Improvement Project No. 1967 -15. 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 July 20, 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 improvements. After hearing and considering all objections, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -235 RESOLUTION ORDERING CONSTRUCTION OF GRADING, BASE AND SURFACING IMPROVEMENT PROJECT NO. 1967 -14 AND CURB AND TTER IMPROVE NT P O O 1967 -15 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, Gordon Erickson, and Howard Heck, 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 -236 RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT NO. 1967 -52 AND ORDERING PREPARATION OF PLANS AND SPEMLCATIO S 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, Gordon Erickson and Howard Heck, 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 -237 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1967 -53 AND SANITARY SEWER IMPROVEMENT PROJECT NO. 1967 -54 AND ORDERM P N OF El ANS AND SPE IFICATIONS 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, Gordon Erickson, and Howard Heck, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. _3- 271 Member John Leary Introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -238 RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT NO. 1967 -55, AND ORDERING PREPARATION OF PIA AND SPEC ICATIONS 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, Gordon Erickson, and Howard Heck, 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. 67 -239 APPROPRIATION OF STATE AID FUNDS TO COUNTY RQAD 10 PROJECT The motion for the adopsn 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, Gordon Erickson, and Howard Heck, 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 consideration of proposed Water Main Improvement Project No. 1967 -36. The Clerk produced an affidavit of publication thereof in the official newspaper, the last publication being on July 20, 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 comments made both in favor of and opposed to said improvement, member Howard Heck moved, and John Leary seconded, to close the public hearing on Water Main Improvement Project No. 1967 -36. Motion carried unanimously. Councilman Willard arrived at this point in the meeting, at a :55 P. M. The Mayor announced that the meeting was open for consideration of proposed Street Surfacing Improvement Project No. 1967 The Clerk produced an affidavit of publication thereof in the official newspaper, the last publication being on July 20, 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 comments made both in favor of And opposed to said improvement, member John Leary moved, and Theodore Willard seconded, to close the public hearing on Street Surfacing Improvement Project No. 1967 -37. Motion carried unanimously. The Mayor announced that the meeting was open for consideration of proposed Storm Sewer Improvement Project No. 1967 -38, The Clerk produced an affidavit of publication thereof in the official newspaper, the last publication being on July 20, 1967, which affidavit was examined and found satisfactory and ordered placed on file. -4- 200 The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all comments made both in favor of and opposed to said improvement, member Gordon Erickson moved, and Howard Heck seconded, to close the public hearing on Storm Sewer Improvement Project No. 1967 -38. Motion carried unanimously. After hearing and considering all comments made during the public hearing earlier this evening on Water Main Improvement Project No. 1967 -36, member Howard Heck introduced the fallowing resolution and moved its adoption: RESOLUTION NO. 67 -240 RESOLUTION ORDERING CONSTRUCTION OF WATER 1 MMQVEMEK1 PRO T O 1967 -36 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, Gordon Erickson, and Howard Heck, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mr. Willard abstained from voting due to his arrival during the hearing. After hearing and considering all comments made during the public hearing earlier this evening on Street Surfacing Improvement Project No. 1967 -37, member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -241 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFA IN IMP&=MENJ PAMQ.T NQ 1967 -37 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, Gordon Erickson, Howard Heck and Theodore Willard and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. After hearing and considering all comments made during the public hearing earlier this evening on Storm Sewer Improvement Project No. 1967 -38, member John Leary introduced the following resolution and moved its adoption: ' _ RESOLUTION NO. 67 -242 RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT PROTECT XQ. 1967 -38 , 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, Gordon Erickson, Howard Heck, and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. resumed at The meeting recessed at 9:35 P. M. and re , 9. 5 5 P. M. The Mayor informed the Council that several persons from the 57th and Bryant Avenue area had asked to appear before the Council to discuss the urgent need for municipal water in that area, and asked Mr. Poss to explain the water situation in that area for the Council's benefit and for that of the audience. Mr. Poss reviewed the past history of water in the southeast neighborhood, following which comments were heard from the residents requesting that the water be installed as soon as possible. The _5- 267 r, Mayor then promised that if it were possible to install the utilities and resurface the streets prior to the onset of the winter season, a hearing would be held this fall on the projects. If it would be impossible to reinstall the street before winter, the public hearings would be held later this fall and installation would begin next spring, assuming the projects to be favorable. The Council then considered Application No. 67030 submitted by Harry DeZiel for United Land Inc. The application requested rezoning of the property at 6236 Osseo Road, from R -1 (Single Family Residence) to B -2 (Regis . Business). Mr. DeZiel was present before the Council, and asked that the Council permit him to withdraw his application to allow him further time to restudy the potential uses for the property, due to the possibility that the original use proposed by him (a Quik -Pik dairy store operation) might be too intensive for the property. Motion by Theodore Willard and seconded by Howard Heck to permit the withdrawal of Application No. 67030 to allow the applicant sufficient time to consider other uses for the property at 6236 Osseo Road which would be more compatible with the existing neighborhood. Motion carried unanimously. Certain adjacent property owners who had been notified of the hearing stated to both the Council and the applicant that it would be wise for the applicant to consider transitional land uses such as were proposed in the City's Comprehensive Plan. Application No. 67034 submitted by Edward and Lois Bergerson was heard next. The application requested a variance from Section 35 -315 to permit the erection of signs on the R -B zoned property at 7006 Osseo Road in excess of the size permitted by the zoning ordinance. Following the discussion of the application, member Theodore Willard moved and member Howard Heck seconded that the variance requested in Application No. 57034 be granted to permit the erection of two wall signs, neither sign being greater in area than 10 percent of the area of the wall on which each is placed on the property at 7006 Osseo Road, in that an undue hardship would in fact result if the existing sign regulations were strictly appliced to the proposed commercial office use. Further, however, approval of the two signs is contingent upon 1.) The approval of the Chief Building Inspector with regard to the issuance of a business certificate of occupancy for the proposed office use, a written report to be submitted to the Council from the Building Inspector on this matter, and 2.) That paving for the parking and driving area -be installed as shown on the site plans submitted to the City. Motion carried unanimously. The Council then reviewed preliminary site and building plans submitted in conjunction with Application No. 67035 requesting approval of site and building plans for an apartment project in the northwest quadrant of the intersection of 65th and Humboldt Avenues North. Motion by Willard, seconded by Erickson to deny the plans submitted and the principle embodied in them, for the apartment project at the northwest corner of 65th and Humboldt Avenues North, so that the plans can be revised by the developer to incorporate the property to the south of this property which is designatedais a comer lot, ta that it appears that Twin Cities Industrial Park is attempting to coerce the Council into approving a future service station on the separate parcel at the corner by making it unusable for the multiple dwelling purpose for which it is presently zoned Following discussion of the proposed motion, during which the City Manager advised the Council that the comer lot being discussed could in fact be used for multiple dwelling purposes by itself, member Gordon Erickson withdrew his second to the motion, and the motion died for lack of a second. Motion by John Leary, seconded by Howard Heck, to approve the site plans submitted by Homedale Builders in conjunction with Application No. 67035 in principal, with finalized site and building plans to be submitted at a future date, at which time a performance agreement and a performance bond would be set for the project. Voting in favor. Howard Heck, Gordon Erickson, Philip Cohen, and john Leary; voting against: Theodore Willard. Motion carried. Mr. Joe Iten of Iten Chevrolet, and his architect, Mr. Dick Shane, were present to discuss Application No. 67036 with the Council, which application requested approval of site and building plans of additions and alterations to the present Iten Chevrolet commercial development. A discussion ensued between -6- L the Council and the applicant, primarily with regard to the existing and Proposed lighting for the Iten Chevrolet property. Mr. Iten noted that he was unhappy with the lighting that existed on the property and that hopefully, in the near future, he would be able to redesign completely the lighting setup for the entire property. Motion by Theodore Willard and seconded by John Leary to approve the site and building plans submitted by Iten Chevrolet in conjunction with Application No. 67036 with the following stipulations and conditions: 1. That approval of the building plans submitted is contingent upon final approval of the building inspector as to applicable building codes; 2. That a performance agreement and a performance bond (the amount to be determined by the City Manager) be submitted to the City to guarantee the site improvements set out in the plans submitted; 3. That the applicant is to submit a lighting plan during the year 1967 which will eliminate the direct glare presently emanating from the lights on the property, primarily the string lighting used in the used car area; 4. That the concept of the perimeter drive as established by the City in 1961 is to be retained on the Iten Chevrolet property; S. That the additional land being acquired and becoming a part of the Iten Chevrolet site shall be incorporated into the Iten site by appropriate subdivision as soon as is practical. Motion carried unanimously. Motion by john Leary and seconded by Howard Heck to approve the following licenses: No Intoxicating Malt Liquor "On -Sale" License St. Alphonsus Holy Name Club 719 & Halifax Food Establishment License ideal Drug 5740 Morgan Avenue North Meson carried unanimously. Motion be Gordon Erickson, seconded by john Leary, to table discussion of the police residency requirement and the temporary disability policy until the month of August. Motion carried unanimously. II � Dale Hamilton, Superintendent of Engineering for the City, had just returned from a meeting at the State Highway Department offices in St. Paul involving the State Highway Department scheduling of highway improvements throughout the State. He reported to the Council on the improvements proposed to be made by the highway department during the next five years in the Brooklyn. Center area. Mr. Puss discussed with the Council a letter he had rec d c from m the Governor of the State of Minnesota relating to the Federal Highway Safety Act of 1966 and the implementation of safety programs throughout the State. The Governor asked that the Council appoint a safety coordinator for the City to aid in the implementation of these programs. Mr. Poss recommended that Mr. Van Eeckhout be appointed to this position. Motion by Howard Heck and seconded by john Leary to appoint Charles Van Eeckhout, Director of Public Works, to the position of Traffic Safety Coordinator for the City of Brooklyn Center. Motion carried unanimously. Mr. Poss reported to the Council on his progress in hiring an Administrative Assistant, noting that there were several applicants who appeared promising, but certain were outstate and out-of- state, which might cause them some difficulty in coming to Brooklyn Center for an interview. He asked that the Council authorize him to spend up to $50.00 per applicant to offset the travel costs of these applicants in coming to Brooklyn Center for an interview. Motion by Theodore Willard and seconded by Gordon Erickson to authorize the City Manager to expend up to $50.00 per applicant in reimbursing applicants for the position of Administrative Assistant for their travel expenses to Brooklyn Center for an interview in relation to their possible appointment. Motion carried unanimously. �7- 269 Motion by john Leary and seconded by Theodore Willard to table the Automobile Dealers License being request by Brookdale Chrysler /Plymouth until the next Council meeting, and direct the City Manager to continue his efforts to eliminate the distasteful lighting characteristics of the lighting on the site. Further, if such action is not successful, to consult with the City Attorney to determine the City's possible legal procedures to assure compliance. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67-243 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1967 -10, CURB & GUTTER IMPROVEMENT PROJECT NO. 1967 -11, STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1967-12, CURB & GUTTER IMPROVEMENT PROJECT NO. 1967 -13, STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1967 -14, AND CURB & GUTTER IMPROVEMENT PROJECT NO. 1967 -15, AND DIRECTING ADVEEMMENT F R BMS 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, Gordon Erickson, Howard Heck, 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 -244 RESOLUTION ACCEPTING BID AND APPROVING F ORM_ The motion fore the adoption of the foregoing resolution was duly seconded by member ohn Lea J Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, 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. 67 -245 RESOLUTION AUTHORIZING THE ISSUANCE OF EQUIPMENT R ICA S or 9 S00 00 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, Gordon Erickson, 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. 67 -246 RESOLUTION AUTHORIZING THE PURCHASE OF 1 ,0 000 FEET W2 14 B -LA The motion for the adoption of the foregoing resolution was duly seconded by 24 member Howard Heck and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, 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. 67 -247 RESOLUTION RECOMMENDING THE SELECTION OF MAYOR JOHN W. GROGAN, MAYOR OF THE CITY OF CRYSTAL, AS THE REPRESENTATIVE OF THE FIFTH COUNCIL DISTRICT FOR THE TWIN CITIES kZTROEgWM COUNCIL 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, Gordon Erickson, 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 Gordon Erickson that the meeting be adjourned. Motion carried unanimously. The City Council adjourned at 12: 5 5 A. M. Clerk Mayor T9 -