HomeMy WebLinkAbout1967 09-18 CCM Special Session 619
Minutes of the Proceedings of the City
Council of the City of Brooklyn Center
in the County of Hennepin and State of
Minnesota
September 18, 1967
The City Council met In special session and was called to order by
Mayor Philip Cohen at 7 :34 P. M.
Roll Call: Mayor Philip Cohen, Gordon Erickson, Howard Heck and
Theodore Willard. John Leary arrived later in the meeting at 7 :36 P. M. Also
present were: D. G. Poss, Richard Schieffer and Richard Cihoski.
Reverend Kern of the Brooklyn Center Church of Christ offered the
invocation.
Motion by Howard Heck and seconded by Gordon Erickson to approve
the minutes of the September 11, 1967 Council meet ing as submitted. Motion
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Motion by Theodore Willard and seconded by John Leary to approve the
minutes of the September 13, 1967 Council maetin as submitted. Voting in
V favor were Philip Cohen, John Leary, Howard Heck and Theodore Willard.
Gordon Erickson abstained from voting. Motion carried.
Mr. Poss then read the letter from Civil Dlefense thanking the City
Council for playing in the donkey baseball game on September 10, 1967.
Member Gordon Erickson introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -2�8
RESOLUTION REGARDING COOPERATIVE PURCHASING
AGREEMENT WITH HEN ,]!3EPIN COUNTY
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 E ckson, Howard Heck and
Theodore Willard and the following voted against a same: none, whereupon
said resolution was declared duly passed and adopted.
Member Theodore Willard introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67-299
RESOLUTION APPROVING APPLICATI13N NO. 67040
SUBMITTED BY ROBERT KELLE
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 Theodore
Willard, and the following voted against the same: Howard Heck, whereupon
said resolution was declared duly passed and adopted.
Member Howard Heck introduced the following resolution and moved
its adoption:
RESOLUTION NO. 67-290
RESOLUTION APPROVING APPLICATION NO. 66056
SUBMITTED BY LECON P
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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 john Leary and seconded by Gordon Erickson to declare
a first reading of the following ordinance:
AN ORDINANCE AMENDING CHAPTER 35 BY THE ADDITION
OF CERTAIN PROPERTIES TO THE B -3 (GENERAL BUSINESS
DISTRICT ) ZONING CLASSL ICATION
Motion carried unanimously,
Mr. Poss explained to the Council that Lecon Properties, the Applicant
in Application #66087 requesting rezoning a portion of the land south of 69th
Avenue and west of Osseo Road, had requested that the Council allow him to
amend his application to include other property in the rezoning request, which
property has now been platted as Northtown Plaza, 2nd Addition. Motion by
CV 0 1 1 Gordon Erickson and seconded by Howard Heck t allow Lecon Properties to
amend Application #66087, and resubmit it to the Planning Commission for its
review and recommendation. Motion carried unanimously.
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The Mayor then announced that the meeting was open for consideration
of objections to any of the assessments for the following improvements:
Sanitary Sewer Improvement Projects No 1966 -15, 41, 42, and 1967 -21;
water Improvement Projects No. 1966 -1 43, and 1967 -1, 22, 23;
Street Improvement Projects No. 1966-1(, 27, and 1967 -6;
Grading, Base and Surfacing Improvement Projects No. 1966 -46, 47;
Curb and Gutter Improvement Projects No. 1966 -44, 45.
The Clerk produced affidavits of publication of notice of hearing on the
above mentioned assessments with the original notice published August 31, 19 §7,
and corrections published on September 7 and 14,' 1967, and the aforementioned
affidavits having been examined and found satisfactory, were ordered placed on
file,
The Mayor then called upon all owners present to present any objections
they might have regarding the above mentioned assessments. After all persons
desiring to speak thereon had been heard, it was (,determined to act on the
hearings on certain assessments as indicated in the following motions:
Motion by Howard Heck and seconded b Gordon Erickson to declare
favorable the assessment hearing on Sanitary Sewer Improvement Project No.
1966 -15. Motion carried unanimously.
Motion by Theodore Willard and seconded by john Leary to declare
favorable the assessment hearing on Water Improvement Project No. 1966 -16.
Motion carried unanimously.
Motion by Gordon Erickson and seconded by john Leary to declare
favorable the assessment hearing on Street Improvement Project No. 1967 -6.
Motion carried unanimously.
The Mayor noted that Storm Sewer Improvement Project No. 1966 -40,
listed in the information sheet distributed by the City Manager, did not require
Council action, as the cost of the project had alr dy been agreed to and paid
by the developer of the property.
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Motion by Theodore Willard and second d by Howard Heck to declare
favorable the assessment hearing on Sanitary Se Improvement Project No.
1966 -41. Motion carried unanimously.
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Motion by Howard Heck and seconded by John Leary to declare
favorable the assessment hearing on Water Improvement Project No. 1966 - 43.
Motion carried unanimously.
Motion by John Leary and seconded by T eodore Willard to declare
favorable the assessment', hearing on Curb & Gutt r Improvement Project No.
1966 -44. Motion carried' unanimously.
Motion by Gordon Erickson and seconded y John Leary to declare
favorable the assessment hearing on Grading, Base and Surfacing Improvement
Project No. 1966 -46. Motion carried unanimously
Motion by Theodore Willard and seconded by Howard Heck to declare
favorable the assessment' hearing on Sanitary Seer Improvement Project No.
1966 -42. Motion carried unanimously.
Motion by Howard Heck and seconded by Gordon Erickson to declare
favorable the assessment' hearing on Curb & Gutter Improvement Project No.
1966 -45. Motion carried' unanimously.
Motion by John Leary and seconded by T eodore Willard to declare
�++ favorable the assessment hearing on Grading, Ba a and Surfacing Improvement
CY` Project No. 1966 - 47. Motion carried unanimously.
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Motion by Gordon Erickson and seconded by John Leary to declare
U favorable the assessment' hearing on Sanitary Sewer Improvement Project No.
1967 -21. Motion carried', unanimously.
Motion by Theodore Willard and seconded by Gordon Erickson to declare
favorable the assessment' hearing on Water Improvement Project No. 1967 -22.
Motion carried unanimously.
Motion by John Leary and seconded by Theodore Willard to declare
favorable the assessment' hearing on Water Improvement Project No. 1967 -23.
Motion carried unanimously.
Motion by Howard Heck and seconded by Gordon Erickson to declare
favorable the assessment'' hearing on Street Improvement Project No. 1966 -27.
Motion carried unanimously.
Motion by Theodore Willard and seconded by John Leary to declare
favorable the assessment hearing on Water Improvement Project No. 1967 -1.
Motion carried unanimously.
Motion by John Leary and seconded by ordon Erickson to declare
favorable the assessment hearing on Street Impro ement Project No. 1966 - 10.
Motion carried unanimously.
The next item of business to be conside ed was Application #67045
submitted by B & G Realty for the Big Boy Restaurants. The application
originally requested approval of site and building) plans of the proposed Big
Boy Restaurant at 5440 Osseo Road, and a variance to permit erection of a
freestanding sign on that ,same property. The Pla ning Commission, at its
meeting of September 7, 1967, had recommended pproval of the plans submitted,
but had tabled action on the freestanding sign request. Messrs. Eugene .Kilberg
and Benjamin Marcus representing the Big Boy chain were present to discuss the
Application with the Council. Following this discussion, member John Leary
moved and Howard Heck seconded that approval be granted to the site and
building plans submitted by B 6: G Realty for the Big Boy Restaurant at 5440 Osseo
Road, with the following exceptions and stipulations:
1. No roof sign is to be permitted;
2. The parking and driving areas shall conform to the City's
dimensional standards;
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3. The building plans are subject to the Building Inspector's
approval as to applicable building codes;
4. The Applicant shall submit a performance agreement and bond
guaranteeing the installation of the site improvements as
delineated on the plans being approved.
Motion carried unanimously.
The Council then considered Application 67048 submitted by Mr. and Mrs.
Joseph Clark, requesting a variance from Section 35 -401 to permit construction
of an addition to an existing attached garage to be closer to the side property
line on the property at 6043 Ewing Avenue North than the five feet permitted by
ordinance. Mrs. Clark was present, and discussed the desire of herself and
her husband that a variance to 3 1/2 feet be permitted to allow the construction
of a double garage on their property. Mr. Poss reviewed the minutes of the
Planning Commission relating to this application and the comments of several
of its members with regard to the issuance of variances for sideyard setbacks.
A lengthy discussion of the Planning Commission's comments ensued. Motion
by Howard Heck and seconded by John Leary to approve the variance from
Section 35 -401 requested in Application #67048, to permit the construction of
an addition to an existing attached garage to be 3 1/2 feet from the south side
property line of the property at 6043 Ewing Avenue North. Motion carried
unanimously.
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The Council then reviewed Application #67046 submitted by Walter
V J. Smith, requesting a variance from Section 35 -401 to permit construction of
V an addition to an existing attached garage to be closer to the side property
line than the five feet permitted by ordinance, on the property at 3013 67th
Avenue North. Mr. Smith explained that it would be impossible for him to build
a two stall garage structure without a variance from the setback requirements
and that he desired to build a 19 foot wide garage, causing the side setback
from his west side property line to be two feet. Again the comments of the
Planning Commission with regard to this application were reviewed by the Council
and discussed. Motion by John Leary and seconded by Theodore Willard to
approved the variance requested in Application #67046, to permit the construction
of an addition to an existing attached garage to be 2 feet from the west side
property line of the property at 3013 67th Avenue North. Motion carried
unanimously.
Motion by John Leary and seconded by Theodore 'Millard that the Council
agrees with and acknowledges the Planning Commission's desire to study the
subject of setback variances, and directs the Staff to proceed with the study
requested by the Planning Commission. Motion carried unanimously.
The Council then considered Application #67049 submitted by Mr. and
Mrs. Fred Strong, requesting a variance from Section 35-310 to permit
construction of an addition to an existing garage which would cause the total
square footage of accessory buildings on the property at 516 - 62nd Avenue North
to exceed the 660 square feet permitted. Mr. and Mrs. Strong were present to
discuss the Application with the Council, explaining that they plan to remove
two of the buildings presently on the property following the alterations of the
garage, so that the total square footage of the garage would be 600 square feet
and the total area of all accessory buildings on the property would be
approximately 808 square feet. Following discussion of the application by the
Council the following action was taken.
Motion by Theodore Willard and seconded by Gordon Erickson to
approve the variance request contained in Application #67049 for the property
at 516 - 62nd Avenue North to permit alterations and additional construction to
the existing garage to be made, to bring the total area of the garage to 600
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square feet; however, because of the number of buildings on the property, th
variance approval is contingent upon the applicant agreeing to the following
conditions in writing;
square feet and the
1. The concrete block Structure containing 148 s q
27 square foot dog house shall be removed within 90 days of
completion of cons on of the garage;
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2. The altered garage structure shall be constructed in conformance
with the building codes of the City.
Motion carried unanimously.
The meeting recessed al 10 :05 P. M. and resumed at 10 :20 P. M.
The Council then consi ered Application #67025, relating to the site
plan approval of the Wiensch Townhouse project in the vicinity of 65th and
Camden Avenues North, which pl ins had been approved at the Council meeting
of May 29, 1967, with the excep ion of the approval of a screening device
to be installed along the western boundary of the Townhouse development. The
Council had, at the time of the a proval of site plans, requested that a
transition and buffer plan for the western boundary of the proposed development
be devised through consultation tween the developer and adjacent property
owners to the west of the develo ment with said plan to be resubmitted to the
City Council for approval. Mr, Poss reviewed with the Council the attempts
that had been made by the developer, Mr. Wiensch, to coordinate his western
screening plan with the adjacent single family home development, noting that
no consensus had been reached the developer and the adjacent property
owners, hence the placement of the subject before the Council at this meeting.
`:414 The Mayor called for comments ftom those persons who had been notified of the
�r discussion of this screening device, and also from the developer, Mr. Wiensch,
following which the Council disc ssed the matter at some length, reviewing its
and the Planning Commission's p evious actions with relation to the Townhouse
U project.
Motion by Gordon Eric" n and seconded by Theodore Willard that the
approval previously granted to th e site plans for the Wiensch Townhouse project
in Application #67025 shall be ai iended to require that an opaque fence 6 feet
in height be installed along the i restern boundary of the Townhouse project.
Motion carried unanimously.
Motion by John Leary a seconded by Theodore Willard that the City
Manager be directed to proceed i rith the establishment of public hearings to
accomplish the vacation of the s ub street of 66th Avenue to the west of the
Wiensch Townhouse project. Motion carried unanimously.
Motion by Gordon Erickson and seconded by Howard Heck to approve
the final plat of "Wiensch First Addition". Motion carried unanimously,
The Mayor then called upon Dwight Sundeen and Walter Kukich, the
applicants in Application #67044 to step forward. As the applicants were not
present, the following action was taken. Motion by John Leary and seconded by
Theodore Willard to table Application #67044 until such time as the applicants
are present. Motion carried unanimously.
Mr. Poss then discuss e with the Council the Police Residency Policy
which he had been directed top pare, which policy would result in the alteration
of the City's Personnel Ordinanc 1. to permit Police officers to reside outside
Brooklyn Center, but within a ce tain specified area. He reviewed with the
Council his recommendation as t what the outer limits of this area should be,
noting that east of the Mississippi River he would suggest that the area bounded
by Mississippi Street on the horth,, Central Avenue on the east, and Lowry Avenue
on the south should be adopted; 3nd on the west side of the Mississippi River,
that area of Hennepin County bot nded on the south by 26th Avenue North and on
the west by State Highways #55 and #101 should be used as an outer limit for
this area of residency. Motion I y Howard Heck and seconded by Gordon Erickson
that the Council agrees with the yeas described by the City Manager for future
Police residency, and directs th City Manager to prepare the necessary
ordinance amendments to the City's Personnel Ordinance to accomplish this
change in residence requirement for the Police Department. Motion carried
unanimously.
Motion by Theodore Willard and seconded by Gordon Erickson to table
the request of Brookdale Chrysler/Ply. for a Class "A" Automobile Dealers
license. Motion carried unanimously.
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Motion by john Leary and seconded by Howard Heck to approve the
following licenses:
Food Establishment License
Red Owl Stores, Inc. 5425 Xerxes Avenue North
(for Synder's Stores, Inc.)
Cigarette License
Red Owl Stores, Inc. 5425 Xerxes Avenue North
(for Synder's Stores, Inc.)
Motion carried unanimously.
Motion by Gordon Erickson and seconded by Howard Heck to reconvene
the 1968 Budget Hearing previously adjourned at the meeting of September 13th.
Motion carried unanimously.
A brief discussion of the schedule of meetings to be used in the study
of the Budget ensued.
Motion by Theodore Willard and seconded by Gordon Erickson that
the 1968 Budget Hearing be adjourned until the next Council meeting on
Wednesday, September 20, 1967 at approximately 8 P. M. Motion carried
unanimously.
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C� Motion by john Leary and seconded by Howard Heck that the meeting be
V adjourned. Motion carried unanimously. The meeting adjourned at 11 :48 P. M.
Clerk' Mayor
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