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HomeMy WebLinkAbout1967 10-16 CCM Special Session 89 Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota October 16, 1967 The City Council met in special session and was called to order by Mayor Philip Cohen at 7 :30 P. M. Roll Call: Mayor 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, Jerzy Dulgar, and Robert Jensen. i Reverend Vick of the Berean Evangelical Free 6hurch offered the invocation. Motion by John Leary and seconded by Theodore Willard to approve the minutes of the October 2, 1967 Council meeting as ! submitted. Motion carried unanimously. Motion by Howard Heck and seconded by Gordon Erickson to approve the minutes of the October 4, 1967 Council meeting assubmitted. Motion i carried unanimously. Member Gordon Erickson introduced the following Ordinance, moved to declare a complete seconded reading and further moved its adoption: ORDINANCE NO. 67 -16 I AN ORDINANCE AMENDING CHAPTER 35 BY TIE ADDITION OF CERTAIN PROPERTIES TO THE R -5 (MULTIPLE GAMILY RESIDENCE) ZONING CLASSIFICATION, THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -817 of the City Ordina *ces, entitled "Multiple Family Residence District" OR -5), is hereby amended b� the addition thereto of the following: Lot 6, Mendenhall's Outlots, Section 36, k*nship 119, Range 21. Section 2: This Ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 16th day of October, 1967. The motion for the adoption of the foregoing ordinance as duly seconded by Theodore Willard, 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 a d adopted. Member John Leary introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 67 -17 AN ORDINANCE AMENDING CHAPTER 17 PROVIDING FOR A POLICE DEPARTMENT SIDEN POLICY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: _,1 _ 63 Section 1: Section 17 -104 -4 of the City Ordinances is hereby amended to read as follows: 4. Residency Policy. Within eighteen months after original appointment, police officers shall reside within the following described boundaries: East of Mississippi River - An area bounded by Mississippi St. on the north, Central Avenue( iwy #65) on the east, and Lowry Avenue on the south. West of Mississippi River - -That, t area of Hennepin County bounded on the south by 26th Avenue No. textended), and on the west by State Highways #55 and #101. (4. Residency Required. Any officer of the Police Department shall become a resident of the City within eighteen months after the original appointment and shall remain a resident of this City thereafter during such employment.) Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 16th day of October, 1967. The motion for the adoption of the foregoing ordinance was duly seconded by Howard Heck, 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 discussed with the Council the proposed second reading and adoption of an ordinance vacating Halifax Avenue North within Sunrise Manor Addition, noting that the Minneapolis Gas Company still was serving customers on Halifax Avenue. He recommended, therefore, that the adoption of the ordinance be tabled at this time. Motion by John Leary and seconded by Gordon Erickson, to table the second reading and adoption of the vacation of Halifax Avenue until the meeting of October 30, 1967. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -303 RESOLUTION AMENDING CERTIFICATION OF DELINQUENT SEWER SERVICE ACCOUNTS FOR 1966 TO HENNEPIN COUNTY TAX ROLLS 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 and moved its adoption: RESOLUTION NO. 67 -304 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM 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. -2 65 Motion by Theodore Willard and seconded by Gordon Erickson to approve Water Main Improvement Project No. 1967 -36 and Storm Sewer Improvement Projec t No. 1967 -38. Further, the Mayor and City Manager are directed to sign the same. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -305 RESOLUTION DIRECTING THE DISBURSEMENT OF CASH ESCROW FOR HALEK'S 5TH ADDITION 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 Gordon Erickson introduced the following resolution and moved Its adoption: RESOLUTION NO. 67 -306 RESOLUTION ACCEPTING WORK (CONTRACTED BY VILLAGE 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -307 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 duly passed and adopted. Member Theodore Willard' introduced the following resolution and moved its adoption: RESOLUTICN NO. 67 -308 RESOLUTION ACCEPTING WORK tCONTRACTED BY CITY) 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 John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -309 -3- 67 RESOLUTION ACCEPTING WORK ( CONTR 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 duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -310 RESOLUTION ACCEPTING WORK CONTRACTED X CITY) 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 -311 RESOLUTION ACCEPTING WORK ,LCONTR�CTED 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 -312 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -6 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -7 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 Gordan Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -313 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -8 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -9 AND ORDERING PREPARATION Or PLANS AND SPECIFICATIONS -4- 91 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 Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 67 -314 RESOLUTION ESTABLISHING STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1968 -10 AND CURB & GUTTER IMPROVE- MENT PROJECT NO. 1968 -11 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -315 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -2 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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: r RESOLUTION NO. 67 -316 RESOLUTION ESTABLISHING WATER STORAGE TANK & TOWER IMPROVEMENT PROJECT NO. 1968 -1 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 Council then considered Application #67053 submitted by Ronald Grams, requesting a variance from Section 35 -401 to build a detached garage on the property at 7206 Newton Avenue 3 feet from the south side property line rather than the 5 feet required by the ordinance. Mr. Poss reviewed for the Council the Planning Commission's action onthe subject application, and related this action to other actions on past setback variances. Mayor Cohen then asked Ms. Grams to comment with regard to the application, and Mr. Grams did so, in addition to delivering a letter from the owner of the property abutting his to the south, stating no objection to the variance. The Clerk read the letter submitted by Mr. Krogsta of 7200 Newton Avenue North. The Mayor then asked Mr. Jensen, Chairman of the Planning Commission, who was present for another matter, to comment on the Commission's action recommending approval of the variance request. _5_ r 73 Following comments by Mr. Jensen the Council entered into a lengthy discussion of the standards for the issuance of variances and their relation to the subject application. Following this discussion, member Howard Heck moved and member John Leary seconded (Mr. Leary commenting that his second was for the purpose of enabling further discussion), that Application #67053 submitted by Ronald Grams requesting a variance from Section 35 -401 on the property at 7206 Newton Avenue North to permit construction of a detached garage 3 feet from the south side property line rather than the 5 feet required be approved, with recognition by the City Council that the subject of setbacks should be studied by the City's Planning Commission with possible revisions to those ordinance requirements to be forthcoming. Further discussion on the subject of variances generally, and this variance specifically, ensued, during which a concensus of the Council was that no further variances should be granted to the setback requirements of the zoning ordinance until the Planning Commission has had an opportunity to review the ordinance requirements and to make proper recommendations to the Council thereon. Upon a vote being taken on the previous motion, the following voted in favor thereon: Philip Cohen, John Leary and Howard Heck, and the following voted against: Gordon Erickson and Theodore Willard, whereupon such motion was carried and the variance approved. Messrs. William Sipe and Jerry Berry were present to represent Mr. Sipe's request, Application #67032, for a revision of the approval previously granted by the Council of the site and building plans for alterations to the Texaco service station at 6810 Osseo Road, especially as that approval related to freestanding signery for the property. Following discussion of the application by the Council and the applicant, member Theodore Willard moved and John Leary seconded that Application #67032 be tabled until the meeting of October 30th, at the request of the applicant, to determine what actions had been taken in the past regarding freestanding signery at other service station locations. Motion carried unanimously. Mr. Stanley Wessin was present to discuss with the Council his request as contained in Application #66087 (revised), for rezoning of the property south of 69th Avenue and west of Osseo Road to a B -3 (General Business) classification. Mr. Wessin noted that this application had been revised since its initial submission in 1966 to include a larger area than had previously been under discussion. The Council then examined the proposed rezoning in relation to the Comprehensive Plan for the City, and heard comments from the City Staff with regard thereto. Motion by John Leary and seconded by Gordon Erickson to approve the rezoning requested in Application #66087 (revised) and proceed with the accomplishment of the rezoning of Lot 1 of Block 1 and Lots 1, 2, 3, and 4 of Block 2, Northtown Plaza Second Addition, to the B -3 (General Business) zoning classification. Motion carried unanimously. The meeting recessed at 9 :05 P. M. and resumed at 9 :20 P. M. Mr. Poss then reviewed with the Council the history of Application #67050 submitted by Davies Water Equipment Company, requesting a variance from Section 35 -402 to permit construction of an industrial building with less than the required setback of 100 feet on the property in the northeast quadrant of Azelia and Lakebreeze Avenues North. The application, previously considered by the Council at its meeting of September 25th, had been tabled to permit the City Attorney to research possible legal questions involved in the granting or refusal to grant the requested variance. A lengthy discussion of the factors involved in the application ensued, with comments being gathered from the applicant, adjacent residents, and Mr. Jensen, Chairman of the Planning. Commission. The central items of discussion were whether a hardship was being imposed on the applicant or adjacent residents by the imposition of existing zoning requirements, and whether better buffering to the residential elements west of the industrial property could be had by a landscaped area 35 feet in width in which no vehicular -6- 75 activity took place versus the required 100 foot setback with such vehicular I access and activity permitted b the existing zoning regulations. Mr. YP Y g g Jensen g J requested that, since it appeared a planning principle was central to the question of granting a variance, that the request be returned to the Commission for further study. Mr. Poss advised the Council that the applicant would have to appear before the Commission again in any event to submit his site and building plans for approval, and that the Commission could at that time make appropriate comments to the Council with regard to the setback,/buffer question under discussion. Mr. Jensen advised the Council that the Planning Commission would be having a meeting October 26, 1967, and could accept this item as an item for discussion at that meeting, along with the plan approval request which would be forthcoming. Member Theodore Willard introduced the following motion. Whereas, the 100 foot setback requirement for industrial buildings where such industrial property faces residential properties across a street would permit vehicular parking and driving, (including trucks) along such boundary street; and Whereas, the use of this 100 foot setback for active vehicular usage would tendto negate the intent of the setback requirements, that of providing proper buffering for residential properties adjacent to the industrial use; Application #67050 submitted by Davies Water Equipment Company is therefore referred back to the Planning Commission for consideration of site and building plans incorporating a 35 foot setback/buffer along the west side of the property, including a 6 foot high solid (opaque) fence or wall parallel to the west property line and 35 feet from that line, with the setback,/buffer to be landscaped in a manner appropriate to a residential environment and with no use of this 35 foot buffer area for any parking, vehicular access, or any other activity related to the industrial business usage of the property in question along Azelia Avenue. The motion was duly seconded by member John Leary, and upon a vote being taken, the motion carried unanimously. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -317 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE CITY OPEN -SPACE APPLICATION 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 is 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 duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption; RESOLUTION NO. 67 -318 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE CITY OPEN -SPACE APPLICATION 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 duly passed and adopted. _7 - 69 Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -319 I RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE CITY OPEN -SPACE APPLIC,�ATION 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 duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -320 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE CITY OPEN -SPACE APPLICATION The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote Ding 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 duly passed and adopted. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -321 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE CITY OPEN -SPACE APPLICATION 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 duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -322 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE CITY OPEN -SPACE APPLICATION 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 duly passed and adopted. Motion by John Leary and seconded by Theodore Willard to authorize the Mayor and City Manager to sign an amendment to the City's Open -Space Contract with the Federal Government consisting of a correction of a legal description for the Hubbard property within the Palmer Lake Basin. -8- 71 Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -323 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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. Motion by Howard Heck and seconded by Gordon Erickson to authorize the taking of bids for a tractor and related accessories for the Park Department as approved in the 1968 Budget, with the delivery of this equipment to be after January 1, 1968. The opening date of such bids shall be October 30, 1967 at 10 :00 A. M. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -324 A RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT 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 duly passed and adopted. Motion by Theodore Willard and seconded by John Leary to table action on the release of the Brookdale Chrysler /Plymouth performance bond at the request of Mr. Willard, to allow him an opportunity to personally review the improvements on the Chrysler property. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to authorize the Mayor and City Manager to execute a contract with Automatic Alarm Corporation for the provision of burglar alarm service to the City. Motion carried unanimously. Motion by Howard Heck and seconded by Gordon Erickson to approve the investment made by the Brooklyn Center Fire Relief Association as set forth in the letter from the Association dated September 29, 1967. Motion carried unanimously. Motion by Theodore Willard and seconded by Gordon Erickson to approve the following licenses: Vending Machine License ARA Services ( Donaldson's) 611 - 20th Ave. N.E. Cigarette License Purity Dairy Store 902 - 53rd Ave. No. Non - Intoxicating Malt Liquor "Off Sale" License Purity Dairy Store 902 - 53rd Ave. No. Food Establishment License Donaldson's Brookdale Shopping Center Gas Piping License Conditioned -Air Equipment Co. 3010 Clinton Ave. So. -9- Heating License Conditioned -Air Equipment Co. 3010 Clinton Ave. So. Well Drilling License Wally Malenke Well Co. Osseo, Minn. Gasoline Service Station License Freeway Shell Service 6545 Lyndale Ave. No. House Moving License Robin Corp. 5016 40th Ave. No. Motion carried unanimously. Y Motion by john Leary and seconded by Howard Heck to table the second reading and adoption of an ordinance vacating 66th Avenue North to the east of Bryant Avenue with Christoferson Addition for a period of approximately 30 days. Motion carried unanimously. Mr. Poss discussed briefly with the Council the recent Attorney General's opinion relating to the calculation of taxes under the 1967 Tax Reform and Relief Act advising the Council that it is likely that he (Mr. Poss) would be submitting amendments to the Budget resolutions adopted by the Council at its October 4th meeting in light of this revised method of calculating the budget for the coming year. Motion by Howard Heck and seconded by Gordon Erickson that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11;15 P. M. C erk Mayor I I I i -10-