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HomeMy WebLinkAbout1967 11-13 CCM Regular Session 141 Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of N;innesota 4 November 13, 1967 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :32 P. M. Roll Call: Mayor Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard (arrived at 7 :34 P. M.). Also present were: D. G. Poss Paul Holmlund, Charles Van Eeckhout, Richard Schieffer, Richard Cihoski, Jerry Dulgar and Thomas O' Hehir. Reverend Harold Zart of Harron Methodist Church offered the invocation. Motion by Gordon Erickson and seconded by Howard Heckto approve the minutes of the October 30, 1967 Council meeting as submitted. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the minutes of the November 7, 1967 Canvass as submitted. Motion carried unanimously. Motion by John Leary and seconded by Theodore 'Millard to approve the minutes of the November 9, 1967 Council meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Vuillard. Gordon Erickson abstained from voting. Motion carried. Mayor Cohen explained that the Council had received the preliminary C. I. R. B. report on November 9th. Mayor Cohen then introduced Mr. Edward Theisen, Chairman of the Capital Improvements Review Board, who presented the Council with work books compiled by C. I. R. B. and gave another short summation of C. I. R. B. work. Motion by Gordon Erickson and seconded by Howard Heck to accept the final report of the C. I. R. B. with the Council's sincere thanks to Mr. Theisen, the C. I. R. B. , and Task Force members who helped compile the report. Motion carried unanimously. Mr. Theisen thanked the Staff in general and Mr. Cihoski in particular for their assistance in compiling the report. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -331 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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 -332 -1- RESOLUTION ACCEPTING BID FOR PARK DEPARTMENT TRACTOR WITH HYDRAULIC SYSTEM, FRONT END LOADER, POWER STEERING AND ALL - WEATHER STEEL CAB ° 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 Howard Heck and seconded by Theodore Willard to authorize advertisement for bids on five (5) police cars, three (3) trucks and the 1967 -68 salt supply, through the County Purchasing Agreement. Motion carried unanimously. k Mr. Poss explained that the present equipment would not be traded in but would be sold at an auction along with existing "trade -in" equipment, of the other participants in the Agreement. Motion by Theodore Willard and seconded by Howard Heck to authorize the Mayor and the City Manager to execute a water main agreement regarding Terrace Apartments located at 53rd Avenue North and T. H. #100. Motion carried unanimously. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -333 RESOLUTION ACCEPTING WORK (CONTRACTED BY C�,,TY) The motion for the adoption of the foregoing resolutionwas 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 -334 RESOLUTION ACCEPTING WORK (CONTRACTED BY C= 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 Vuillard, 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 -335 RESOLUTION ACCEPTING WORK (CO R BY Cam____ 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. -2- 139 The Council then discussed Application #67052 submitted by Village Builders requesting rezoning from R.:1 Single Family Residence to R -3 Multiple Family Residence - Townhouse. Mr. Robert Ubelhoer, a resedent of the area,, presented a petition signed by residents of the area stating opposition to the rezoning. Mr. Kaufman of Village Builders explained the planned develo ment was the highest and best use and in accordance with the comprehensive plan of the City. He stated that Village Builders intended to blend the townhouses into the neighborhood and that the townhouses would be a proper buffer between residential area and industrial area. Mr. Elsen, part owner of the grope , said that he wanted to sell the property and that the only way for the owner to get just compensation was for the plot to be developed as townhouses. Motion by John Leary and seconded by Theodore Willard to close the public hearing on Application #67052 to allow for deliberation on the part of the Council. Motion carried unanimously. The Council then discussed the size of the plot in relation to present and future townhouse developments. The possibility of the plot being developed into a park area was also discussed. Motion by Theodore Willard and seconded by John Leary to table the application until the December 11th Council meeting. Motion carried unanimously.. The meeting recessed at 9 :25 P. M. and resumed at 9 :43 P. M. The Council then discussed Application #67033 submitted by L. H. Haug anc Mrs. Virgil Schafbuch requesting rezoning from the present R -1 and R -B to R -5. Motion by Gordon Erickson and seconded by John Leary to direct the Planning Commission to hold a public hearing on rezoning the Haug, Schafbuch and Dorn properties to an R -5 classification, stipulating that the Council's intent was only to gather facts concerning the matter. Motion carried unanimously. The Council then discussed Application #67006 submitted by Home Federal Savings and Loan Association, requesting a variance from Section 35 -330 to erect a freestanding sign on the property at 2901 Northway Drive. Motion by Theodore Willard and seconded by Howard Heck that the request for a variance to erect a freestanding sign be granted since a hardship does in fact exist in relation to freestanding signery for commercial property, due to the fact that the present zoning ordinance does not take into account this common and necessary type of business activity (freestanding signing), but that the approval for such freestanding sign at the location shown on the site plans submitted is conditioned upon the following: 1. That the sign shall not exceed 90' square feet in area and 18 feet in height measured from the finished floor grade of the Home Federal building. Motion carried unanimously. The Council then discussed Application #67056 submitted by Lowry Realty requesting a variance from Section 35 -315 to permit the erection of a freestanding sign on the property at 7006 Osseo Road. Motion by John Leary and seconded by Gordon Erickson to approve the request for a variance to erect a freestanding sign in that a hardship does in fact exist in relation to freestanding signory for commercial property, due to the fact that the present Zoning Ordinance does not take into account this common and necessary type of business activity (freestanding sign) but that the approval is conditioned upon the following: 1. The sign shall not exceed 36 square feet in area and 8 feet in height and shall be setback a minimum of 10 feet from the Osseo Road right -of -way line. Motion carried unanimously. -3- 1-27 The next application to be considered was Application No. 67057 submitted by Freeway Shell Oil, requesting special use permission to allow the storage and rental of trucks and trailers on the service station property at 6545 Lyndale Avenue North. Motion by Howard Heck and seconded by Gordon Erickson to approve Application No. 67057 and award a special use permit to allow storage and rental of trucks and trailers as requested, subject to the following conditions: 1. That a maximum of 14 rental units in any combination of trucks and trailers be permitted on the station property at any one time; 2. That there shall be no parking of the rental units in such a manner so as to block the entrances to the station site, and no parking of such units in front of the station building; 3. No signing is being approved at this time for advertising the availability of such rental units; 4. The special use permission shall be reviewed in one year from the date of Council approval to consider the effect of this rental activity on the station site with the possibility at the time of reviewal of raising or lowering the number of units permitted and to examine the question of whether the presently vacant rear portion of the station property should be paved or covered with crushed rock. Motion carried unanimously. The next' application to be considered was Application No. 67058 submitted by Kentucky Fried Chicken Inc., requesting approval of site and building plans of a commercial establishment and a variance from Section 35 -330 to permit erection of a freestanding sign, both for the property at 5512 Osseo Road. Motion by Gordon Erickson and seconded by john Leary that approval of the site and building plans in Application #67058 be granted with the following conditions: I. The building plans are subject to the final approval of the Building Inspector; 2. A performance agreement and performance bond (in an amount to be determined by the City Manager) be submitted by the applicant to the City to guarantee the installation of the site improvements shown on the plans. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to table the matter of the freestanding sign variance until the Council meeting of November 27th, so that the Council can further study the sign ordinance and graph guideline used for sign regulations. Motion carried unanimously. The Council discussed Application #67059 submitted by Howe, Inc., requesting approval of plans for an addition to an industrial office building at 4821 Xerxes Avenue North. Motion by john Leary and seconded by Theodore Willard to approve the plans submitted by Howe, Inc.,, for an addition to their office building, subject to final approval of the building plans by the Building Inspector. Motion carried unanimously. The last Planning Commission item to be discussed was Application #67060 submitted by Brooklyn Auto Sales, requesting approval of site and building plans for the proposed new and use car dealership at 6801 Osseo Road. -4- 133 Motion by Howard Heck and seconded by Theodore Willard to approve Application #67060, with the following stipulations and conditions: 1. The actual layout of the used car sales area, which parking layout has not yet been finally determined, may be at the discretion of the applicant, except that it may not encroach on the perimeter service drive, and the used car sales office may be moved from its designated location to coordinate with the layout of such used car area, as long as the revised location is in accord with the setback requirements of the Zoning Ordinance; 2. The building plans are subject to the approval of the Building Inspector with regard to applicable building codes; 3. The utilities plan for the development and the driveway accesses from he property a the approval of om o re subject to P P rtY j PP the City's Engineering Department; 4. No freestanding sign approval is being considered in the approval of these plans; 5. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted by the applicant to the City to guarantee the site improvements contained on the plan submitted. 6. Lighting plans shall be separately submitted to the Council for approval. Motion carried unanimously. Member Gordon Erickson introduced the following Ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 67 -18 AN ORDINANCE VACATING 66th AVENUE NORTH WITHIN CHRISTOFERSON ADDITION AS A PUBLIC STREET THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWc Section 1: 66th Avenue North lying between the east line of Bryant Avenue North and the east line of Christoferson Addition is hereby vacated as a public street; provided that the City of Brooklyn Center excepts from this vacation proceedings and reserves to itself and its assigns an easement for all public utility purposes. Section 2: This ordinance shall be effective after adoption and upon 30 days following its legal publication. Adopted this 13th day of November, 1967. The motion for the adoption of the foregoing Ordinance was duly seconded by member john Leary, 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. Motion by john Leary and seconded by Gordon Erickson to authorize the release of Shopper's City Improvement Bond. Motion carried unanimously. -5- 129 Motion by Gordon Erickson and seconded by Theodore Willard to approve the following licenses: Cigarette License Humboldt Dairy 1500 - 55th Avenue North Vending Machine License Kenneth Berglund 5812 James Avenue North Well DrilliO2 License Hadden Well Company 4455 Main St. N.E. Non - Intoxicating Malt Liquor License Humboldt Dairy 1500 - 55th Avenue North i Motion carried unanimously. The next item considered was a request from the F A for permission q H r F. P to hook -up the home at 5302 Morgan Avenue North to the Minneapolis Water System. Motion by Gordon Erickson and seconded by Howard Heck to deny this request because no hardship has been shown, and it is expected that Brooklyn Center municipal water should be available to this property within a reasonable time. Motion carried unanimously. Mr. Poss informed the Council that the City could technically appeal the Sunday Sales decision of the Hennepin County Municipal Court with relation to Shopper's City, but that he would not advise such action as Bloomington is taking a similar case to the State Supreme Court and the decision in that case would be applicable to all communities in the state. Motion by Theodore Willard and seconded by Gordon Erickson to direct the City Manager not to proceed with further litigations on the Sunday Sales law, Motion carried unanimously. Motion by Gordon Erickson and seconded by Howard Heck that the City deny the request of Mr. Petrovich, owner of property within Brooklyn Park to the north of 73rd Avenue between Aldrich and Bryant Avenues, to provide him with water, sewer, and storm sewerage for a 10 acre apartment development. The Village of Brooklyn Park did not request such and Brooklyn Center should not consider this or other utilities hook -ups of properties in abutting municipalities unless such services are requested by the governing body of such municipalities. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to release the performance bond for street work completed in the Fair Meadows 2nd Subdivision. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the final plat of "Twin Lake North Addition ". Motion carried unanimously. Councilman Heck reported on a meeting of the Hennepin County League that he and Theodore Willard attended. Councilman Erickson reported on a meeting of the S. S.D. A. that he attended. Motion by Theodore Willard and seconded by Howard Heck to adjourn. Motion carried unanimously. The City Council adjourned at 12 :01 A. M. Clerk Mayor -6-