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HomeMy WebLinkAbout1967 08-21 CCM Special Session 2 Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota August 21, 1967 The . City Council met in special session and was -called to order by Mayor Philip Cohen at 7:30 P. M. Roll Call: Philip Cohen, Howard Heck, John Leary and Gordon Erickson were present. Councilman Willard arrived at 7 :40 P. M. as noted below. Also present were: D. G. Poss, Charles Van Eeckhout, Richard Sohieffer, Paul Holmlund, Thomas O'Hehir and Richard Cihoski. Motion by Howard Heck and seconded by John Leary to approve the minutes of the City Council meeting of August 14, 1967 as submitted. Motion carried unanimously. Member john Leary introduced the following Ordinance, moved to declare a complete second reading and further moved it's adoption: M ORDINANCE NO. 67 -14 AN ORDINANCE AMENDING CHAPTER 35 BY THE V ADDITION OF CERTAIN PROPERTIES TO THE R -B 1RESIDENCE- BUSINESS) ZONING CLASSIFICATION THE COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -815 of the City Ordinances, entitled RESIDENCE- BUSINESS DISTRICT (R -B) BOUNDARIES, is hereby amended by the addition thereto of the following: Tracts B and C, Brooklane Addition Section 2: This ordinance shall be effective ,after adoption and thirty days following its legal publication. Adopted this 21st day of August, 1967. The motion for the adoption of the foregoing Ordinance was duly seconded by member Gordon Erickson, and upon a 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 ordinance was declared duly passed and adopted. Mr. Poss read to the Council the proposed Ordinance relating to junk Vehicles, and discussed the various provisions which had been drafted for the Council's review. (Mr. Willard arrived during Mr. Puss's initial discussion). A lengthy discussion of the proposed Ordinance ensued between the City Manager, the Council, and the City Attorney regarding the enforcability of the provisions. Following this discussion, the Clerk read a letter received from Mr. and Mrs. Fred Strong relating to the Junk Vehicle Ordinance, as well as hearing comments on the same subject from Eugene Polydisky and Frank Hallberg who were in attendance at the meeting. As public hearings had been scheduled for the evening's meeting, the Mayor asked the City Manager that the junk Vehicle Ordinance be set aside until either later in the meeting if time was available, or to schedule it for another meeting in the very near future. The Mayor celled to order the public hearing on the proposed change in the schedule of the rates and fees for the use of and connection to the sanifaary sewer system of the City of Brooklyn Center. Mr Poss explained -1- 2 that the revisions to the schedule were to provide lower rates for users of the system. Mayor Cohen called for comments from the audience with relation to the proposed rate reductions, but none were forthcoming, whereupon the following action was taken. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -263 RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER 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. The Mayor announced that the meeting was open for the consideration of proposed Street Surfacing Improvement Project No. 1967 -46. M The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the V official newspaper, the last publication being on August 10, 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 -264 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING MPR VE N PRO C NO. 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, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen stated to those present for the hearing on Project 1967 -46 that the City Staff would inquire further into the history of the utilities in the vicinity of the project, to determine if the City should assume any responsibility for past actions with relation to utilities installation in the area, and if such liability on the part of the City is found, it could be taken into account prior to the assessment of the costs of the present improvement project. A representative of Home Federal Savings and Loan Association at Brookdale was present with relation to several projects along Northway Drive for which hearings were scheduled, and urged the Council and City Staff to do all within their power to complete installation of the improvement projects adjacent to the new Home Federal site prior to the coming of winter. The Mayor announced that the meeting was open for the consideration of proposed Sanitary Sewer Improvement Project No. 1967 -48. 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 August 10, 1967, which affidavit was examined and found satisfactory and ordered placed on file. -2- The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all obj ections, and the property owners appearing in favor of said improvement, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -265 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT P ROJECT NO. 1967 -48 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. The Mayor announced that the meeting was open for the consideration of proposed Storm Sewer Improvement Project No. 1967 -52. 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 August 10, 1967, which affidavit was examined and found satisfactory and ordered placed on file. C3 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: RESOLUTION NO. 67 -266 RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT P__ ROJECT NO 1967 -52 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. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1967 -49. 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 August 10, 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 -267 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO. 1967 -49 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 g voted a gainst the same; none whereupon said resolution was declared duly passed and adopted. -3- 1.9 The Mayor announced that the meeting was open for the consideration of proposed Street Grading, Base & Surfacing Improvement Project No. 1967 -50. 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 August 10, 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: RESOLUTION NO. 67 -268 RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1967 -50 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote Ding taken thereon, the following voted M in favor thereof: Philip Cohen, john Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none U whereupon said resolution was declared duly passed and adopted. U The Mayor announced that the meeting was open for the consideration of proposed Curb & Gutter Improvement Project No. 1967 -51. 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 lost publication being on August 10, 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 -269 RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER IMPROVEMENT PROJECT NO, 1967 -51 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. The Mayor called for a recess in the meeting at 9 :15 P.M., and the meeting resumed at 9 :35 P. M. Applications 67037 and 67038 submitted by Brooklyn Center Industrial Park Inc. , were next heard. The applications requested, respectively, the rezoning of property at the northwest corner of 65th and Humboldt Avenues North to B -2 (Regional Business) from the present R -5 (Multiple Residence), and issuance of a special permit for the installation and operation of a service station on the property so zoned. Mr. James Lushine, a principal in Brooklyn Center Industrial Park, Inc., was present along with his associate Mr. Wilson and two representatives of Sun -Ray DX Oil Company, the proposed future owners of the commercial site. Mr. Poss reviewed for the Council the history of the application, following which an extremely lengthy discussion of the proposed rezoning and special use ensued between the applicant, the oil company's representatives, and the City Council and Staff. Motion by Gordon Erickson and seconded by Theodore Willard that the City request a -4- 7 a planning conference with Hodne Associates, the City's former planning consultant with respect to this request for commercial zoning and special permission for a service station, but the subject matter d such a conference to be limited to the desirability and possible ramifications of such commercial type development at this and other entrances to the Industrial Park in relation to the Comprehensive Plan, such conference to be held as soon as is possible. Voting in favor of the motion were Gordon Erickson and Theodore Willard, voting against were Philip Cohen, john Leary and Howard Heck. The motion failed for lack of a majority. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -273 RESOLUTION APPROVING APPLICATION NO. 67037 SUBMITTED BY JAMES LUSHINE FOR BROOKLYN CENTER INDUSTRIAL PARK, INg The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following �r voted in favor thereof; Philip Cohen, John Leary, Gordon Erickson and Hovaard Heck and the following voted against the same: Theodore Willard, whereupon said resolution was declared duly passed and adopted. V The Council then discussed further the use which had been proposed for the property on Lot 2, Block 1, Twin Cities Interchange Park Addition, that of a Sun -Ray DX Service Station. The applicant had explained to the Council that the Sun -Ray DX Company proposed to install a colonial style service station structure on the property at 6501 Humboldt Avenue. The Council reviewed preliminary plans which had been submitted by the applicants and received comments relating to the proposed use from the City Staff. Motion by Howard Heck and seconded by john Leary that the City Council will approve the issuance of a special use permit for the construction and operation of a service station at 6501 Humboldt Avenue North (Lot 2, Block 1, Twin Cities Interchange Park Addition) provided that the following conditions are met which will satisfy the standards for the issuance of special use permits, and other requirements of the Zoning Ordinance: 1) that final, detailed site and building plans of the service station be submitted to the Council for final review and approval, including the details embodied in the preliminary site plan submitted to the Council, and the colonial style station building described to the Council, with emphasis Ding given to the lighting plans contained in these plans so that no glare is emitted from the lighting fixtures proposed; 2) the final site plan shall contain a driveway arrangement which complies with the City's ordinances and are compatible with future street and sidewalk construction, and also has the approval of the City Engineer; further, that the City will retain, by written agreement with the owner of the property, the right to close or modify the southerly driveway along Humboldt Avenue, the form of such agreement to be determined by the City; 3) a 17 foot wide easement be granted by the owner of the property to the City for roadway and sidewalk purposes along the east side of the property; 4) that freestanding signing for the service station be limited to a single sign not greater than 18 feet in height above the finished floor grade of the station, and not greater than 90 square feet in area, with an unobstructed area beneath the sign message to a height of at least 8 feet; 5) that a performance agreement, and a performance bond to guarantee the accomplishment of the agreed -upon items, be entered into by the owner of the property to the City to guarantee the Installation of the site improvements shown on the final plans approved by the Council. Voting in favor of the motion were Gordon Erickson,, Howard Heck, Philip Cohen, John Leary. Voting against was Theodore Willard. Motion carried. - 5- 15 Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -270 RESOLUTION PLACING ON FILE AND OPENING FOR PUBLIC INSPECTION PROPOSED ASSESSMENTS 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 Cordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -271 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS M The motion for the adoption of the foregoing resolution was duly seconded by U member Theodore Vuillard, and upon vote being taken thereon, the following U voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, Howe rd Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor left the meeting at 11 :47 P. M. and turned the chair over to Mayor Pro-tem Howard Heck. Motion by Theodore Willard and seconded by John Leary to direct the City Manager to release the subdivision bond being held by the City with relation to Reimer's First Addition. Motion carried unanimously. The Mayor returned and assumed the chair at 11 :49 P. M. Mr. Lawrence Samstad of Itasca Engineering Company was introduced by Mr. Poss to the Council as the Engineer who had been engaged by Mr. Darrel Farr to examine the feasibility of the installation of an artificial lake area in Mr. Farr's proposed townhouse and multiple dwelling project, "Twin Lake North", to the north of Twin Lake. Mr. Samstad distributed to the Council copies of the report he had prepared for Mr. Farr so that the Council could review it prior to discussion of the fair rezoning and Platting (Applications No. 67026 and 67027) at the Council meeting of August 28, 1967. The Council discussed the report Mr. Samstad had prepared for Mr. Farr and thanked him for the information he had presented. Member Theodore Vuillard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -272 RESOLUTION AMENDING RESOLUTION NO. 67 -254 ADOPTED AUQVST 7, 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, Gordon Erickson, Howard Heck and Theodore Vuillard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Gordon Erickson and seconded by Theodore Willard to authorize the City Manager to increase the City's mileage payment for employees using their private vehicles on City business from the present _6 - 7 -1/2 cents per mile to 9 cents per mile effective January 1, 1968, in accordance with the new State Statute providing for payment up to 9 cents per mile for such use. Mr. Poss distributed a memo prepared by himself relating to an incentive program for police department education at the college level, and advised the Council that he would like to discuss the matter at the Council's next meeting. Mr. Poss discussed with the Council the desire of the County Road 10 contractor, Woodrich Construction Company, that a temporary concrete paving plant be set up on property to the north of Brookdale Ford, on industrially zoned land. He explained to the Council that he expected few problems from the operation and had advised the contractor to proceed. The Mayor advised the Council that he had received communication from Congressman McGregor stating that the City's request for reimbursement for $2,200 for Civil Defense equipment had been signed by President Johnson, and that the payment would be forthcoming shortly. Mr. Poss discussed with the Council the Sunday Sales Statute and its effect on Brooklyn Center. Motion by Theodore Willard and seconded by Howard Heck to table the request by Brookdale Chrysler /Plymouth Inc., for issuance of 0 Class "A" Automobile Dealers License until the meeting of August 28th. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to approve the following licenses: Bench License U. S. Bench Corp. 2912 Hiawatha Avenue Service Station License Lee's Texaco 6601 Lyndale Avenue North Food Vehicle License Pizza Inn 5720 Morgan Avenue North Motion carried unanimously. Motion by Howard Heck and seconded by Gordon Erickson that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:93 A. M. Clerk Mayor -7-