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HomeMy WebLinkAbout1967 09-05 CCM Special Session 9 Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota September 5, 1967 The City Council met in special session and was called to order by Mayor Philip Cohen at 7 :34 P. M. Roll Call: Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard were present. Also present were: D. G. Poss, Paul Holmlund, Charles Van Eeckhout, Richard Schieffer, Richard Cihoski and Thomas O'Hehir. Motion by Howard Heck and seconded by Gordon Erickson to approve the minutes of the City Council meeting of August 28, 1967 as submitted. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to approve the Registered Land Survey of the Claesson property at 72nd and Logan Avenues North, but to withhold signing the R. L. S. pending the opinion of the City Attorney that the question of the public right to the east half of V Logan Avenue as contained in the R. L. S. is resolved. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -277 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM _ 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, 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -278 RESOLUTION ACCEPTING QUOTATION TO FURNISH, INSTALL AND MAINTAIN A REMOTE STATION BURGLAR ALARM SYSTEM 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 Millard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council then considered Application #67043 submitted by Robert Brennan, requesting a variance from Section 35 -310 of the City's Zoning Ordinance to allow the construction of an accessory building in excess of the 660 square feet permitted. Mr. Brennan was present, and explained to the Council that he wished to build a garage 22' x 24' in size, with an attached patio area under the same roof covering the garage, yielding a total square footage for the building of 748 square feet. Following discussion of the request by the Council, the following action was taken. -1- 'k 3 Motion by Gordon Erickson, and seconded by Howard Heck to approve the variance requested in Application #67043 and permit the erection of a 22' x 24' garage with an attached 22' x 10' patio area on the property at 3718 Woodbine Lane, due to the fact that the Zoning Ordinance does not recognize this popular and acceptable type of residential construction, the garage /patio combination, and therefore, the strict application of the zoning regulations would create an undue hardship in this case. Motion carried unanimously. The next item to be considered was Application #67038 submitted by Brooklyn Center industrial Park Inc. on behalf of Sun -Ray DX, requesting a special use permit to permit construction and operation of a service station at 6501 Humboldt Avenue, including approval of plans for the proposed station. The request had been discussed recently by the Council during the rezoning of the property to a B -2 classification, and such discussion continued at this point between the Council and Mr. Goracke, representative of Sun -Ray. Following review of the plans by the Council and comments from the City Staff, the following action was taken. Motion by john Leary and seconded by Gordon Erickson,, that inasmuch as the standards for the issuance of a special use permit have been met by the Applicants in Application #67038 as those standards relate to a service station tr special use, that special use permission is granted for the construction and M operation of a service station on the property at 6501 Humboldt Avenue, such U service station to be constructed in accordance with designs and plans submitted to the Council, the site and building plans of which are also approved. Further, however, that the following stipulations and conditions shall apply to these approvals; 1) a freestanding sign not exceeding 18 feet in overall height (measured from finished floor grade of the building on the property) and 90 square feet in area, with a clear space of at least 8 feet between the ground and the sign is permitted; 2) the building plans approved by the Council are subject to UMAI approval of the Building Inspector with respect to applies j , building codes; 3) a sidewalk and roadway easement for the easterly 17 feet of the property is to be granted to the City; 4) a performance agreement and performance bond (the amount to be determined by the City Manager) shall be submitted by the developer to the City to guarantee installation of on -site improvements as shown on plans approved with this Application; 5) an agreement relating to the right of the City to close the southerly driveway onto Humboldt Avenue from the station site at the City's discretion shall be submitted by the developer. Voting in favor of the motion were Philip Cohen, john Leary, Howard Heck and Gordon Erickson. Theodore Vuillard abstalned,fr . voting, stating that he had no objection relating to the specific site and building plans submitted,, but to the entire concept of a service station at this site. Motion carried. Motion by john Leary and seconded by Howard Heck to approve the lighting plan and specifications as to type of lighting fixtures to be used on the service station at 6501 Humboldt Avenue as submitted in conjunction with Application #67038. Voting in favor were: john Leary, Howard Heck, Philip Cohen, and Gordon Erickson. Theodore Willard. ,abstained from voting for the same reason stated for the previous motion. Motion carried. The next Application to be heard was No. 67040 submitted by Mr. Robert Keller. The request, heard previously by the Council on August 14th, had been tabled to allow for further study of the requested rezoning from R -1 to R -5 of the property bounded by 65th, Camden, 64th (extended), and Bryant Avenues. Mr. Poss reviewed for the Council and those present the background to the Application, following which Mr. Keller and his Engineer, Mr. Dolan, presented alternative development plan concepts for the property. Mayor Cohen then -2- 5 called for comments from those present with regard to the requested rezoning, and the concept of a large open area as a transitional use on the east side of Bryant Avenue versus a strip of single or multiple dwellings. Motion by Theodore Willard and seconded by Howard Heck to close the public hearing on Application No. 67040 to allow for deliberation on the part of the Council. Motion carried unanimously. The Mayor called for a recess in the meeting at 10 :00 P. M. The meeting resumed at 10 :25 P. M. The Council then proceeded to discuss the facts gathered during the hearing, and the comments and recommendations of the Planning Commission. In addition, the City Attorney was referred to in regard to the likelihood of defending the retention of single family residential zoning on a 150 foot deep strip of land on the east side of Bryant Avenue. Motion by Theodore Willard, and seconded by Gordon Erickson, to table Application #67040 until the Council's meeting of September 11, 1967. Motion carried unanimously. M Motion by John Leary and seconded by Howard Heck to acknowledge receipt of the proposed 1968 Budget for the City of Brooklyn Center from the U City Manager, and to convene the public hearing thereon. Motion carried unanimously. Mr. Poss presented his budget message to the Council, and reviewed the estimated revenues and expenditure summaries developed for the 1968 Budget, relating these items to recent legislation . affecting them. Discussion on these items ensued between the Council and Mr. Poss. Motion by Gordon Erickson and seconded by Howard Heck to adjourn the public hearing on the 1968 Budget until the Council meeting of September 11, 1967. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to table the request by Brookdale Chrysler /Plymouth Inc.. for issuance of a Class "A" Automobile Dealers License until the meeting of September 11th. Motion carried unanimously. The Mayor left the meeting at 11 :54 P. M. and turned the chair aver to Mayor Pro -tem Howard Heck. The Mayor returned and assumed the chair - at 11 :56 P.M. Mr. Poss discussed with the Council the establishment of an Education Incentive Policy for the Police Department, and his comments related thereto as contained in a memo previously distributed to the Council. Following this discussion, a consensus of the Council was expressed as being in favor of such a policy, and requesting the Manager to proceed with its implementation. The Mayor advised the Council of a forthcoming meeting of the Hennepin County League of Municipalities at which questions related to the transfer of public functions by the City of Minneapolis to Hennepin County would be discussed. He noted that he would attempt to be in attendance at the meeting with Councilman Heck Motion by Howard Heck and seconded by Gordon Erickson that the meeting be adjourned. Motion carried unanimously. The meeting, adjourned at 12 :30 A. M. Cl rk Mayor i I -3-