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HomeMy WebLinkAbout1968 02-05 CCM Special Session MUmtes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota February 5, 1968 The City Council met in special session and was called to order by Mayor Philip Cohen at 8 :07 P.M. Roll Call: Mayor Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Also present were: D. G. Poss, Paul Holmlund, Charles Van Eeckhout, Richard Schieffer, Thomas O' Hehir, Dale Hamilton and Jerry Dulgar. Motion by john Leary and seconded by Theodore Willard to approve the minutes of the January 22, 1968 meeting as submitted. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The Mayor announced that the meeting was open for the consideration of ro ose d Water Main Improvement P P Imp o ement Project No. 1968 -19. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showiug two weeks' publication thereof in the official newspaper, the last publication being on February 1, 1968, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections and the ro ert owners appearing n favor o said P P Y PP g i f id improvement, member Howard Heck introduced the following resolution and moved its adoption; RESOLUTION NO. 68 -25 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT MOILE9T NO, 1968 -19 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 drily passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Sanitary Sewer Improvement Project No. 1968 -20. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on February 1, 1968, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -26 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT PROTECT NO. 1968 -20 -1- 279 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 Mayor announced that the meeting was open for the consideration of proposed Street Grading, Base & Surfacing Improvement Project No. 1968 -22. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on February 1, 1968, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -27 RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROTECT NO, L 1968 -22_ The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being aken thereon the following voted g . g 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 Mayor announced that the meeting was open for the consideration of proposed Curb & Gutter Improvement Project No. 1968 -23. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on February 1, 1968, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -28 RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER IMPROVEMENT PROTECT NO, 1968 -23 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, 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 -29 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF _IMPROVEMENT BONDS -2- 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 Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -30 RESOLUTION AMENDING AND CORRECTING THE MINUTES OF MEETINGS OF THE COUNCIL OF THE CITY OF BROOKLYN CENTER MINNESOTA 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 Council then discussed Application No, 67071 submitted by American Construction Company, requesting approval of the site and building plans of a proposed commercial building at 6535 Lyndale Avenue North. Motion by Theodore Willard and seconded by Howard Heck to tentatively approve the site and building plans with the following conditions and stipulations: 1. perimeter curbing shall be installed on the north, east and south sides of the property, with paving and drainage of the site to be subject to the approval of the City Engineer; 2. the building plans are subject to the final review of the Building Inspector for conformance with the City's building codes; 3. there is no freestanding sign approval being considered in this approval; 4. a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the installation of site improvements on the property; S. the shape of the site being approved is a rectangle (approximately) 76 feet in north -south dimension by (approximately) 280 feet east -west dimension; a revised site plan incorporating this area shall be prepared and submitted to the City Council. Voting in favor were: Philip Cohen, John Leary, Earl RydberO. Howe rd Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The next application to be considered was No. 66012 submitted by John Horbal, requesting approval of the preliminary plat of "Horbal Addition" , consisting of the property lying between 69th and 71st Avenues North to the west of Humboldt Avenue. i Motion by John Leary and seconded by Howard Heck to approve the preliminary plat of Horbal Addition as submitted with Application #66012. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimlously. . -3- I 283 Member Theodore Willard introduced the following resolution and moved its adoption: I RESOLUTION NO. 68 -31 I RESOLUTION APPROVING APPLICATION NO. 67072 SUBMITTED BY MILES LUMBER COMPANY 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. The meeting recessed at 9 :20 P.M. and resumed at 9;45 P.M. The City Manager explained to the Council the Dayton Development Co. request for the release of a snow fence easement along Xerxes Avenue, south of 56th Avenue. He stated that in two or three previous instances, ease- ments had been released; that there was no need for such an easement. Motion by John Leary and seconded by Earl Rydberg to authorize the Mayor and City Manager to execute the subject snow fence easement release. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Vuillard to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 BY THE DELETION OF CERTAIN PROPERTY FROM THE RB (RESIDENCE- BUSINESS) AND 12 (INDUSTRIAL PARK) ZONING CLASSIFICATIONS, AND THE ADDITION OF CERTAIN PROPERTY TO THE R3 (TOWNHOUSE), R5 (MULTIPLE FAMILY RESIDENCE), AND B2 (REGIONAL BUSINESS) ZONING CLASSIFICATIONS 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 -32 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREE MENT 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, Earl Rydberg, 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. 68 -33 RESOLUTION APPROVING CLASSIFICATION LIST "642 -C" 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. -4- F r- A4ombei Toha Leary introduced the following resolution and moved its a<3vpt.3oa2; RESOLUTION NO. 68 -34 RESOLUTION DESIGNATING AS STATE AID STREET A PORTION OF 66TH AVENUE NORTH AND REVOKING THE STATE AID DESIGNATION OF A SECTION OF 65TH AVENUE NORTH 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. adoption: Member Earl Rydberg introduced the following resolution and moved its RESOLUTION NO. 68 -35 RESOLUTION ACCEPTING BID FOR WATER TOWER PAINTING 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. I Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -36 RESOLUTION ACCEPTING BID FOR ONE PANEL VAN TRUCK The motion for the adoption of the foregoing resolution 9 g was duly seconded by member Howard Heck, 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. adoption: Member Earl Rydberg introduced the following resolution and moved its RESOLUTION NO. 68-37 RESOLUTION ACCEPTING BID FOR ONE 3/4 TON PICKUP TRUCK 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 -38 RESOLUTION ACCEPTING BID FOR ONE 27, 500 GVW DUMP TRUCK -5- r 287 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. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -39 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -29 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -30 AND ORDER PREPARATION OF PLANS LA NS 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, 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 next application to be considered was No. 67068 submitted by Mr. William Gallien, requesting a variance to permit subdivision of the existing lot at 5320 Colfax Avenue North into two substandard residential building sites. Mr. Gallien was not present, but the Council chose to proceed with the application to clear it from the agenda. The present lot, which is occupied on its northern half by Mr. Gallien 's home, consists of a lot with 126 feet of street frontage and 110 feet of depth, with Mr. Gallien desiring to subdivide the lot into two equal portions, each with 63 feet of street frontage, or about 6930 square feet in area in each. The Council noted that the lot so subdivided would be similar to the majority of lots in the vicinity, and in fact would be larger than some nearby properties Motion by John Leary and seconded by Earl Rydberg to approve Application No. 67068 with the following qualifications: It is not the Council's intention to change the general requirement of 9500 square feet of land area for a mid -block single family dwelling building site. The Council recognizes that the area south of 55th Avenue and east of Humboldt Avenue has been a substandard area of the City as far as single family lot sizes are concerned, which recognition has been reflected by past approvals of the Council relating to variances to permit construction on already platted substandard lots. In permitting construction on previously existing lots, the Council is guided by Section 35 -601 of the City's Ordinances, which applies a criterion of 70% of the lot size ordinarily required to a substandard lot in question. The Council finds that given the nature of this area south of 55th Avenue, the comparison of this proposed division to the 11 70% standard" of Section 35 -601 is not illogical, but would emphasize that the Council would look differently upon applications which would consist of two vacant lots under a single ownership or a single vacant lot which meets the standards of the existing ordinance for a duplex dwelling, and would consider a denial of such a request to be appropriate. 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 Howard Heck to approve the following licenses: _Cigarette Licenses Brookdale Chrysler 6111 Osseo Road Ideal Northbrook Drug 5740 Morgan Avenue North Pizza Inn 5720 Morgan Avenue North Purity Dairy & Food Store 902 - 53rd Avenue North -6- 291 Non- lntox4ating Malt Liquor Off Sale Licenses Pizza Inn 1 5720 Morgan Avenue North Purity Dairy & Food Store 902 - 53rd Avenue North fin -j le Club Liquor Licenses Duoos Bros. American Legion 4307 - 70th Avenue North Non- Intoxicating Club Malt Liquor On -S ale License St. Alphonsus Holy Name Club 71st & Halifax North Vending Machine Licenses Brookdale Chrysler 6111 Osseo Road Bench Licenses - 14 Locations U.S. Bench Corp. 3300 Snelling Avenue 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. 66 -40 RESOLUTION APPROVING PRELIMINARY PLANS FOR THE IMPROVEMENT OF T.H. 152 SOUTH OF T. H. 100 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. The City Manager related that the Public Works Director had brought to his attention the fact that problems were arising in the City's water assessment policy. He explained what the problem consisted of and advised that the Public Works Director had prepared a report on the subject and the Council members would soon receive a copy of such. The City Manager reported that commercial radios were being installed in the now poUce cars for both emergency and convenience purposes, with policies governing the use of the radios being formulated by the staff. An agreement with the Policemen's Association that they purchase and maintain the radios has been drafted by the City Manager, and will be entered into by the Association. Theodore Willard reported rt d on the activities of the Metro Council po t M C G Solid Waste Disposal Advisory Committee. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -41 RESOLUTION ENCOURAGING AkZNDMENT OF MINNESOTA LIQUOR CONTROL STATUTES 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. Motion by John Leary and seconded by Earl Rydberg 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 a urned at l l :10 P. M. _ CIe k Mayor -7-