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HomeMy WebLinkAbout1967 09-11 CCM Regular Session 29 Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota September 11, 1967 The City Council met in regular session and was called 't order by Mayor Philip Cohen at 7 :35 P. M. Roll Call: Philip Cohen, John Leary, Gordon Erickson, H and Heck and Theodore Willard were present. Also present were: D. G. ss, Paul Holmlund, Charles Van Eeckhout, Richard Schieffer and Richard', Cihoski. Reverend Paul Swedberg of the Luthern Church of the Mas er offered the invocation. Motion by Howard Heck and seconded by John Leary to approve the minutes of the City Council meeting of September 5th, 1967 as submitted. Motion carried unanimously. M Member John Leary introduced the following resolution a' nd moved CZ) its adoption: U RESOLUTION NO. 67 -279 RESOLUTION ACCEPTING WORK (CONTRACTED By ,CITY,) 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 a opted. Member Theodore Willard introduced the following resolut on and moved its adoption: RESOLUTION NO. 67 -280 RESOLUTION ACCEPTING WORK (CONTRACTED 0 Y CITY} The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon,', he following voted in favor thereof: Philip Cohen, John Leary, Gordon Ericks',o , Howard Heck and Theodore Willard, and the following voted against the''s me: none, whereupon said resolution was declared duly passed and adopted Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -281 RESOLUTION ACCEPTING WORK (CON TRACED BY CITY) 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. Member Howard Heck introduced the following resolution nd moved its adoption: -1_ ', RESOLUTION NO. 67 -282 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY 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. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -283 RESOLUTION ACCEPTING WORK CONTRACTED BY CITY? The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following c:J 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 -284 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -285 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITYZ 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 Gordon Erickson and seconded by John Leary to approve the Registered Land Survey submitted by Dayton Development Company encompassing the future "Brookdale Square" development between County Road #10 and 56th Avenue North to the west of Xerxes Avenue. Further, the Mayor and Clerk are directed to sign the same. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to table action on the request of Brookdale Chrysler /Plymouth for a Class "A" Automobile Dealers license until the Council meeting of September 18, 1967. Motion carried unanimously. -2- _ rr a Notion by Howard Heck and seconded by Gordon Erickson to approve the following licenses: Cigarette License Red Owl Stores, Inc. 5425 Xerxes Avenge North Food Establishment License Red Owl Stores, Inc. 5425 Xerxes Avenue North Non- Intoxicating Malt Liquor-"Off Sale" License Red Owl Stores, Inc. 5425 Xerxes Avenue North Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -286 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES + The motion for the adoption of the foregoing resolution was duly seconded M 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, V whereupon said resolution was declared duly passed and adopted. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -287 RESOLUTION APPROVING APPLICATIONS 67026 and 67027 SUBMITTED BY DARREL FARR 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. Motion by Howard Heck and seconded by Theodore Willard that the public hearing on Application #67040 previously closed at the Council meeting of September 5th be reopened. Motion carried unanimously. The next item to be considered was the request of Robert Keller, Application #67040, requesting rezoning of the property bounded by 65th, Camden, 64th (extended) and Bryant Avenues from its present R -1 Single Family Residence to R -5 Multiple Family Residence, Mr, Poss reviewed the past discussion of this Application before the Council on September 5th, and presented further information relating to the matter, which had been requested by members of the Council. Mr. Schieffer, City Attorney, in response to questions from the Mayor and members of the Council, presented a memorandum and oral comments to the Council relating to the legal responsibilities and rights of the City and the Applicant. Following these presentations by the Staff, the Mayor called for comments from the Applicant and those persons notified of the hearing. Motion by Theodore Willard, seconded by Gordon Erickson, that the public hearing on Application #67040 be closed. Motion carried unanimously. The Council then considered the merits of the Application at length. Motion by Theodore Willard, seconded by Gordon Erickson, to direct the City Manager to prepare a Resolution to accomplish the rezoning of the -3- s property contained in Application #67040 to the R -5 Multiple Family zoning requested, such Resolution to incorporate the facts reviewed by the Council relative to the Application, and to include the following findings, among others. 1) the requested rezoning is consis ent with the objectives of the Comprehensive Plan; 2) the requested rezoning has been ecommended by the Planning Commission; 3) the Council approves the requested rezoning. Further, the Council will expect that, in a subsequent plan approval prior to development of the property, that the developer will have considered the following design criteria in the d velopment of his plans: a) access rights from the development onto Bryant Avenue be conveyed to the City; b) that a 100 foot greenstrip be provided along Bryant Avenue following dedication of an additional 13.5 feet of right -of -way for Bryant Avenue; c) that any garages placed along the Bryant Avenue side of the property be located either underground or effectively covered or screened by a landscaped erm. Voting in favor of the motion were: Philip Cohen, john Leary, Gordon Erickson �., and Theodore Willard. Voting against: H ward Heck, on the basis that the M requested rezoning is only partially consi tent with the objectives of the comprehensive plan. G� U U The meeting recessed at 10:15, and resumed at 10:30 P.M. The Council then considered Applica ion #66056 submitted by Lecon Properties, requesting rezoning of residential and vacant property between (generally) 69th Avenue and Interstate #94 to the west of the property line between Grimes and Halifax Avenues. Mr Poss reviewed the history of this Application, noting that it had originally been submitted in July of 1966, had been recommended with a minor revision to the Council, and following the Council's hearing on the matter at that time.. had been tabled by the Council with the permission of the Applicant for an indefinite period to allow the Applicant to work out details of the Applic tion. He noted further that the Applicant had amended his request for rezc ning at the time of the Council's consideration of the matter to coincide wit i the Planning Commission's recommendation as to the amount of props y to be rezoned to the B -3 classification. Mr. Wessin of Lecon Properties, Mr. Velie of Velie Oldsmobile (the future developer of the property), and Mr. Schoen (Mr. Velie's architect) were present to discuss their future developmen plans with the Council. The Mayor then called for comments from those notifi d of the hearing. Motion by Howard Heck and second d by Gordon Erickson to close the public hearing on Application #66056. Mo ion carried unanimously. Following further discussion of the roposed rezoning, Mr. Leary moved, and Mr. Heck seconded that the City Man ger be directed to prepare a Resolution approving the rezoning to B -3 as requested in Application #66056 (as amended), incorporating therein the following points, among others: 1) the proposed use of the property Is in accord with the Comprehensive Plan of the City of Brooklyn Center; 2) the proposed use of the property Is in accord with the Planning Commission's recommendation thereon. Motion carried unanimously. Application #67047, heard next, was the last Planning Commission item to be considered. Submitted by Beim Cons uction Company, it requested approval of the site and building plans of a proposed industrial building, and a variance from the setback requirements o the Zoning Ordinance to permit the sideyard setback to be 5 feet rather than tf, e 10 feet required. Mr. Black, representative of Beim Construction Company, was present, and discussed the requests with the Council. After discussion of the requests contained in the 4- Application, the gathering of comments of Mr. Dallas Holm who had been notified of the hearing, and the review of the plans submitted, the following action was taken. Motion by John Leary and seconded by Theodore Willard, to approve the site and building plans submitted for the industrial building at 3500 - 48th Avenue, but with denial of the sideyard setback variance being requested, in that no hardship or other mitigating circu nstances exist which would cause the existing 10 foot sideyard setback req iirement to be varied as requested in Application #67047. Motion carried unar imously. Motion by Gordon Erickson, and s onded by John Leary to reconvene the 1968 Budget Hearing previously adjo ed at the meeting of September 5th. Motion carried unanimously. A brief dis ussion of the schedule of meetings to be used in the study of the Budget ens ed. Motion by Theodore Willard and se onded by John Leary that the 1968 Budget Hearing be adjourned until the nwt Council meeting on Wednesday, September 13th, at 8 :00 P. M. Motion ca rried unanimously. Motion by Theodore Willard and seconded by Gordon Erickson, that the �,, meeting be adjourned. Motion carried unanimously. The meeting adjourned Cr at 12 :10 A. M, U U Clerk Wyor -5-