The URL can be used to link to this page

Home My WebLink About1966 01-08 CCM Regular Session 223 Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota I January 8, 1968 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :35 P. M. Roll Call: Mayor Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard were present. Also present were: D. G. Poss, Paul Holmlund, Charles VanEeckhout, Richard Schieffer, Richard Cihoski, Jerry Duigar, C Thomas O' Hehir and Dale Hamilton. Father Broker of St. Alphonsus Church offered the invocation. Motion by John Leary and seconded by Howard Heck to approve the minutes of the January 2, 1968 meeting as corrected. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: I none. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Rydberg to declare one Gurley Survey Level, Serial #562479 as surplus equipment. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against: none. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -9 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER U LIC R MAIN IMPROVEMENT PROJECT NO 1968-8 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT PROTECT NO. 1964 -1 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, Earl Rydberg, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -10 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -9 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, Earl Rydberg, 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. 68 -11 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO 1968 -24 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT PROJECT NO 1960-1 -1- 225 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, Earl Rydberg, 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. 68 -12 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET SURFACING IMPROVEMENT PROTECT NO, 1968 -25 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager explained that the amendment of Chapter 3 was necessary because of recent court decisions and there was also a need to update the fee schedules for licenses and permits. Motion by Howard Heck and seconded by John Leary to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES By REPEALING PORTIONS THEREQF AND ADDING PORTIONS TjZRET Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. Member Theodore Willard introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 68 -1 AN ORDINANCE REGULATING THE OPERATING, PARKING, STORING, REPAIRING, SERVICING AND MAINTAINING OF TUNK VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section l: Chapter 19 (PUBLIC NUISANCES AND PETTY OFFENSES) of the City Ordinances is hereby amended by the addition thereto of the following: Section 19- 1301. INTENT AND CO_ NSTRUCTION, The collection of unused and unusable motor vehicle bodies arts en ines and related accessories having become a common occurrence in the community, and such collection havin become a source of danger to the physical and mental well bei02 of children and adults within the community, and such collection having become a source of concern and complaint by citizens of the communi!y. this Junk Vehicle Ordinance is enacted for the purpose of prohibiting the collection and maintaining of such motor vehicle bodies, parts, e clines and related accessories . Section 19 -1302, DEFINITIONS. The following words and terms wherever they occur in this ordinance are defined as follows: (a) PERSON: Person means any natural person, firm, association, p artnership or co ration and agent of an of the aforesaid except duly licensed New and Used Car Pealers, while engaged in the operation of their business. -2- 227 (b) JUNK VEHICLE: Within the context of Section 19 -1301, sunk vehicle _means any motor vehicle which is not properly licensed for operation within the State of Minnesota by the State of Minnesota, or not proR@rly licensed an other state for operation within that state, and which is not in operable condition or which is partially dismantled or which is used for sale of parts, or as a source of repair or rej2lacement parts for other vehicles or which is kept for sera in dismantling, or salvage of any kind. Section 19-1303, E&WNG AND STgBho No 2erson shall park, kee place or store, or permit the parkinci or or of a junk vehicle Qn a public street or alley or on any private lands or premises which he owns occupies, or controls unless the junk vehicle shall be within a building on such premises. Section 19 -1304. STORAGE Of PARTS, ENGINES AND RELATED ACCESSORIES. No person shall store or keep parts, engines and related accessories on a public street or alley or on any private lands or premises which he owns, occupies, or co„ ntrols , unless such parts, engines, and related accessories are kept or stored within a building, Section 19 -1305. CONSTRUCTION AND APPLICATION. Nothing in f this ordinance shall be construed to permit any act prohibited by___any other ordinance, Statute, or rule of law. Section 19 -1306. SEPARABILITY. Should any section, subdivision, clause, or other RLovision of this ordinance be declared by a court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the ordinances as a whole nor of any part thereof other than the part so declared to be invalid. Section 19 -1307. PENALU. Any person violating the provisions of this ordinance, upon conviction,. shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than 90 days. Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 8th day of January, 1968. The motion for the adoption of the foregoing ordinance was duly seconded by member Earl Rydberg, and upon a vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Millard, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager reviewed the Council's past action concerning Application #67052 and related that City Engineer Van Eeckhout and the engineer representing Village Builders had met and had determined that the drainage problem could be resolved. The City Attorney discussed with the Council a legal opinion he had prepared generally indicating that matters of drainage, economic feasibility, and aestheticts related to the subject application are not proper matters upon which to base a rezoning decision. After hearing comments from the applicant and several adjacent property owners a motion was made by John Leary and seconded by Howard Heck to approve the application for the following reasons: 1. The proposed rezoning is consistent with the Comprehensive Plan. 2. The proposed rezoning is a logical extension of existing zoning to the south and east, rather than a "spot rezoning" of 4 -1/2 acres. 3. , The proposed rezoning provides and serves as a transition between R -1 residential and I -2 industrial zones. -3- 245 Further, it is the intention of the City Council to consider the subsequent development of the subject property in relation to its potential computability with the R -3 property to the southeast and with the R -1 property to the west and south. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The Council recessed at 10 :08 and resumed at 10:30 P.M. After thoroughly discussing Appli cation #67065 submitted by Petsuch Realty, member Howard Heck moved and John Leary seconded to approve the variance for the following reasons: 1. The property in question is unique because there is a 25 foot boulevard plus tNa required 30 foot setback. 2. The curb cut allotted for fihe property is inadequate and rather unique and is somewhat of a hardship for the applicant. Further, it is stipulated that the variance will expire on January 8, 1970 and the applicant is to submit a letter of concurrence to the time limit on the variance. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The next application to be discussed was Application #67063 submitted by Dayton Development Company requesting rezoning. The City Manager reviewed the application and the Planning Commission's action on it for the Council and Mr. Abbot, representing Dayton Development Co., discussed the future plans for the property with the Council. Motion by John Leary and seconded by Earl Rydberg to table the application with the concurrence of Mr. Abbot until January 22, 1968 so the City Engineering staff and Dayton Development Co. could study the feasibility of shifting the proposed east -west roadway to the south consistent with accepted roadway design principles, thereby making provision for greater depth between the east -west roadway and the north property line of the Dayton Development Co. property. Voting in favor were: Philip Cohen, John Leary, Howard Heck, Earl Rydberg and Theodore Willard. Voting against: none. Motion carried unanimously. Application #67061 submitted by Mr. Jerry Harrington requesting rezoning was discussed next. 'Mr. Harrington related his plans for the property in question to the Council. Several residents of the area voiced their opposition to the rezoning of the property. The Council discussed the rezoning as it related to the area as a whole and the Comprehensive Plan. Motion by Howard Heck and seconded by Theodore Willard to deny the application for rezoning because such rezoning would not conform to the Comprehensive Plan and would consitute a spot zoning incompatible with the general area. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Theodore Willard to table until January 22, 1968 Application #67066 submitted by Bridgeman Creamery requesting a sign variance. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against; none. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary that Application #67033 submitted by L.H. , Haug and Ivy's. Virgil Schafbuch and Application #67067 Initiated by the City of Brooklyn Center requesting rezoning be approved by the Council. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The City Manager explained to the Council that the ordinance amendment to Chapter 35 would bring the zoning of the property into line with the plat recently filed for the property. - 4- 231 Motion by John Leary and seconded by Howard Heck to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 BY THE DELETION OF CERTAIN PROPERTY FROM THE R -5 (MULTIPLE FAMILY RESIDENCE), R -7 (MULTIPLE FAMILY RESIDENCE), 0-1 (OPEN SPACE), AND I -2 (INDUSTRIAL PARK) ZONING CLASSIFICATIONS, AND THE ADDITION OF CERTAIN PROPERTY IN THE R -5 (MULTIPLE FAMILY RESIDENCE), B -2 (REGIONAL BUSINESS), AND B -3 (GENERAL BUSINESS DISTRICT) ZONING CLASSIFICATIONS I 'f Vo ting in favor were: Philip Cohen, John Leary, Earl Rydberg and Howard Heck. Voting against: Theodore Willard. Motion carried. Motion by John Leary and seconded by Theodore Willard to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY ORDINANCES RELATING TO SOURCES OF POULTRY AND POULTRY PRODUCTS Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -13 RESOLUTION SUGGESTING LIBRARY ACQUISITION PRINCIPLES The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote beingtaken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, 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 John Leary to approve the following licenses: Food Establishment License Kings Food Host 5601 Xerxes Avenue North Bowline License Beacon Bowl 6525 Lyndale Avenue North Cigarette Licenses Al's Osseo Road Service 6849 Osseo Road Beacon Bowl 6525 Lyndale Avenue North Besse's Eat Shop 3701 50th Avenue North Brooklyn Pure Oil 6901 Osseo Road Casey's Market 1900 - 57th Ave. No. Clymers' Dairy Store 5845 Lyndale Avenue North Country Club Market 5712 Morgan Avenue North Duoos Bros. American Legion 4307 - 70th Ave. No. LeRae Products 3715 50th Avenue North Metropolitan Life Insurance 3715 50th Avenue North Northbrook Gulf 1912 57th Avenue North Ole's Phillip "66" Station 6540 Lyndale North J.C. Penny - Brookdale Brookdale Center Quick Pic Superette 4401 - 69th Avenue North Sears Roebuck Brookdale Center Servomation Twin Cities Inc. 4301 - 68th Avenue North Snyder Bros. Drug 1296 Brookdale Center Brookdale Super Valu 5600 Xerxes Ave. No. _5 _ Non - Intoxicating Malt Liquor OffSale Licenses Brookdale Super Valu 5600 Xerxes Avenue North Caseys Super Market 1900 - 57th Avenue North Country Club Market Inc. 5712 Morgan Avenue North Clymer's Dairy Store 5845 Lyndale Avenue North Quik Pik Superette 4401 - 69th Avenue North Red Owl Store 5425 Xerxes Avenue North Snyder Bros. Drug 1296 Brookdale Center Non - Intoxicating Malt Liquor On Sale Licenses Beacon Bowl 6525 Lyndale Avenue North Duoos Bros. Post No. 630 4307 - 70th Avenue North Taco Towne 6219 Osseo Road Service Station Licenses Brooklyn Center 66 6850 Osseo Road Mobil Service Station 6849 Osseo Road Northbrook Gulf Service 1912 - 57th Avenue North Ole's Phillips 11 66" Station 6550 Lyndale Avenue North Sears Roebuck 1297 Brookdale Center Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Hovva rd Heck and Theodore Willard. Voting against: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck that the Council accept, with regret, the resignation of Mr. Verlin Atkins from the Capital Improvements Review Board. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Theodore Willard that the meeting be adjourned. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The City Council adjourned at 12 :15 A. zz Clerk or _6 _