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HomeMy WebLinkAbout1968 04-29 CCM Special Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota April 29, 1968 The City Council met in special session and was called to order by Mayor Philip Cohen at 7:35 P.M. Roll Call; Philip Cohen, John Leary, Earl Rydberg Theodore Willard and Howard Heck (arrived at 7;42 P.M.). Also present were: D. G. Poss, Paul Holmlund, Charles Van Eeckhout, Richard Schieffer, Dick Cihoski, Jerry Dulgar and Thomas O` Hehir. Reverend Amos LeVang of the Brooklyn Center Assemblies of God Church offered the invocation. Motion by John Leary and seconded by Theodore Willard to approve the minutes of the April 15, 1968 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard. Voting against: none. Motion carried unaimously. Motion by Theodore Willard and seconded by Earl Rydberg to approve the minutes of the April 22, 1968 meeting as submitted. Voting in favor were; John Leary, Earl Rydberg, and Theodore Willard 1philip Cohen abstained). Voting against: none. Motion .carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption; RESOLUTION NO. 68 -96 RESOLUTION APPROPRIATING FUNDS FOR THE ACQUISITION OF OPEN SPACE LANDS 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 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 -97 RESOLUTION AMENDING AD VALOREM TAX LEVY SCHEDULE FOR $9,500.00 EQUIPMENT CERTIFICATE OF INDEBTEDNESS AS CON- TAINED IN RESOLUTION NO ,,67 -245 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 and Theodore Willard; and the following voted against the same: none, whereupon said resol- ution was declared duly passed and adopted. Motion by Earl Rydberg and seconded by John Leary to authorize the Mayor and City Manager to execute a contract with Bury and Carlson, Inc. for projects 1968 -22 and 23. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against; none. Mo- tion carried unaimously. Motion by Theodore Willard and seconded by Howard Heck to authorize the Mayor and City Manager to execute contracts with the following: -1- F r- Barber Oil Co. for MC -800 and RC -800 Bituminous Oil, L. N. Sickels for CRS -1 and CRS -2 Bituminous Oil,, Anderson Aggregate for BA -2 Gravel and Buckshot, C.S. McCrossan for Class 5 and FA -1 Gravel, Bryan Rock for Crushed Rock, C,S. McCrossan for Plant -mixed Bituminous Materials, Viking Steel Products for Corrugated Metal Pipe, and Elk River Concrete Products for Reinforced Concrete Pipe Member Howard Heck introduced the following emergency ordinance and moved its adoption, provided however, that for the s es of the minutes utes of the proceedings of the City Council, the text of the ordinance shall be attached to the minutes and be a part thereof: AN EMERGENCY ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Motion by Earl Rydberg and seconded by Howard Heck to approve a Registered Land Survey combining Lot 1, Block 1, Brookdale First Addition with Tract D of R. L. S. No. 1161. 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 to approve the investment made by the Brooklyn Center Fire Relief Association as set forth in the letter from the Association dated April 24, 1968. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The City Manager related that as directed by the Council on April 22, 1968 the sign graph had been revised to reflect the changes the Council Judged as being desirable. The consensus of the Council was that the new graph re- flected their suggested changes and should be used by the Council in its re- vised form. The Council next considered Planning Commission Application #67045 submitted by B and G Realty (for Big Boy Restaurant) requesting a variance to permit erection of a freestanding sign. Mr. Wiggins representing Big Boy was present. Motion by Howard Heck and seconded by Theodore Willard to grant the variance with the following conditions and stipulations: 1. The total height of the sign shall not exceed 25 feet above the elevation of the first floor, 2. the total area of the sign shall not exceed 155 square feet as measured by the City's standard method; 3. the sign shall have a minimum vertical clearance of 8 feet; 4, no part of the sign shall project beyond the property on which the sign is located. 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 proposed Water Main Improvement Project No. 1968 -35. 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 April 25, 1968, which affidavit was -2- � 7 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, member Earl Rydberg introduced the following resolu- tion and moved its adoption :. RESOLUTION NO. 68 -98 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROTECT NO, 1968 -35 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, where- upon said s po a resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Street Surfacing Improvement Project No. 1968 -36. 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 April 25, 1968, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present argu- ments either for or against the proposed improvement. After hearing and con - sidering all objections, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -99 RESOLUTION ORDERING CANSTRUCTION OF STREET SURFACING IMPROVEMENT PROTE T NO., 1968 -36 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 delcared duly passed and adopted. Motion by Theodore Willard and seconded by John Leary to approve the following licenses: Non - Intoxicating Malt Liquor Ugense Brooklyn Center Country Boy 4401 - 69th Avenue North Food Establishment License Shopper's City Bakery 3600 - 63rd Avenue North Brooklyn Center Country Boy 4401 - 69th Avenue North A & M Drive In 4801 France Avenue North Class A Motor Vehicle License Iten Chevrolet 6701 Osseo Road ,Class B Motor Vehicle License J. C. Penney Company 1265 Brookdale Center Sears, Roebuck & Company 1297 Brookdale Center Halverson Marine 6756 Osseo Road Cigarette License Brooklyn Center Country Boy 4401 - 69th Avenue North Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. 5 The City Manager related to the Council that Mrs. James P, Baker of 5012 Abbott Avenue North had submitted a written claim to the City regarding the fact that her two children's snow suits were ruined by coming in contact with a grease laden pole in a City Park. , Mr. Poss said that after reviewing the situation he felt the claim was justified and recommended that the Bakers be reimbursed a mutually agreeable sum of $20.00 for damage to the snow suits. Motion by Earl Rydberg and seconded by John Leary to reimburse Mrs. Baker $20.00. Voting in favor were: Bhilip 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 to table Plan- ing Commission Application #68004 until May 13 with the concurrence of the applicant. 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 Howard Heck to approve the final plat of Twin Lake North Addition and authorize the Mayor and Clerk to sign the same. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard . Heck and Theodore Willard. Voting against: none. Motion carried unanimously. Mr. William Hannay, Chairman of the Citizens Committee on Teen Programs and Activities reported on the survey his committee had conducted to determine interest in activities and programs by the youth of the City, The Council discussed the survey results with Mr. Hannay and members of his committee and thanked the committee for performing a thorough job. The meeting recessed at 9 :03 P. M. and resumed at 9 :35 P, M. The next item considered by the Council was a development guide plan for the area bounded by Lyndale Avenue, 67th Avenue, Bryant Avenue and 69th Avenue. The City Manager explained that the guide plan in question was not hastily developed but was the result of three years of work by the engineering staff that culminated in an informal hearing vitth the residents of the area that was conducted by Director of Public Works VanEeckhout and attended by Councilman Heck. Mr. VanEeckhout discussed the guide plan at length with the Council. Motion by Howard Heck and seconded by John Leary to adopt the devel- opment guide plan for the area bounded by Lyndale Avenue, 67th Avenue, Bryant Avenue and 69th Avenue as presented to the property owners of the area on April 18, 1968, and to the Council on April 29, 1968. 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 -100 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT PR,QZCT NO, 1968 -12 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 -101 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT PROTECT NO. 1968 -14 -4 -' 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, where - upon said resolution was declared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -102 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVE MENT PROJECT NO. 1968 -13 AND PROVIDING FOR REIMBURSE A9E NT OF UNASS$SSED COST OF WATER IMPROVEMENT NO 1960 -1 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote berg taken thereon, the following voted In favor thereof: Philip Cohen, John Leaky, 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 and the Council reviewed the final draft (dated April 26, 1968) of the proposed zoning ordinance and the proposed zoning map as published in the Brooklyn Center Post on April 25, 1968. The City Manager related to the Council the procedure that would be used in conducting the informational hearings on the proposed comprehensive rezoning that are scheduled for May 6th and May 9th. Motion by Theodore Willard 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 meeting adjourn at 11:33 P M. f Clerk Mayor -5- CITY OF BROOKLYN CENTER ORDINANCE NO. 8- AN EMERGENCY ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANOW THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: PREAMBLE. W)MREA8, prior to August 16, 1965, Section 35 -707 of the City Ordinances provided for site and building plan review of apartment house developments; and WHEREAS, on August 16, 1965, Chapter 35 was amended in such a manner as to create R3, R5, and R7 Multiple Family Residential Zoning Districts with the result that said zoning districts are not covered by the provisions of Section 35 -707; and WHEREAS, the resulting absence of review provisions of site and building plans for multiple dwelling developments in said zoning districts is deemed to endanger the public welfare, it is therefore necessary for the public welfare of the citizens of Brooklyn Center to declare this ordinance an emergency ordinance and adopt it under the procedures set forth in Section 3.06 of the City Charter. Section 2; Chapter 35 of the City Ordinances is hereby amended by the repeal of the following section: ( election 35 -707 SPECIAL REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS. Prior to any construction, the owner or developer shall submit the following to the Planning Commission :) (1. Survey drawing by a registered surveyor showing all existing conditions accurately dimensioned.) (2. A complete set of preliminary architectural drawings by a registered architect showing: Site plan (parking layout, landscaping, including trees and planting size, location species, fences, wall, p lighting standards, street furniture and curbs), floor plans, elevations, sections, outline specifications (including materials proposed) and any additional information that is applicable.) Ordinance No. 68 -9 (Section 35 -707. Continued) ( 3. A performance, agreement by a land owner or developer that within a reasonable time to be fixed in the agreement the site improvements will be completed and providing that if such improvements are not completed VA thin the time specified the Village may construct or complete such improvements and assess the cost thereof against the owner. Such agreement may further provide for standards of maintenance of the site improvements and p authorizing the Village to provide such maintenance and assess the cost thereof against the owner if the owrer fails to provide such maintenance after notice by the Village that he is in violation of such agreement.) 4 ( A performance bond b the he land owner or developer will be required ui ed to insure q n ure that the improvements set out in the site p lan will b e con- structed but such bond shall not be required with respect to provisions of the agreement relating only to the maintenance of such improvements.) ( S. The above items shall be submitted at least 10 days prior to the meeting at which the application will be considered by the Planning Commission.) Section 3: Chapter 35 of the City Ordinances is hereby amended by the addition of the following: Section 35 -707. PLAN APPROVAL Every person, before commencing the construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, shall make application for plan approval from the C City Council. Plan approval may be required in conjunction with special use permit consideration. The following rules shall govern application for plan approval. 1. Procedures (a) A "Plan Approval" application shall be initiated by the affected P roperty owner or his authorized agent. The shall fill out and submit to the Secretary of the Planning Commission a "Plan Approval" application, copies of which are available at the municipal offices, together with a fee of $5.00. The application shall be filed wiht the Secretary of the Planning Commission at least fourteen 14 days s rior to the n ext re ular meeting the e rlanning Commission. (b) The Secretary of the Planning Commission shall refer the matter to the Planning ommission b lapin the application upon ends of the n the a g Y p g _pp_ p g Commission's next regular meeting; provided, however, that the Secretary may, with the approval of the Chairman of the Commission, place the application on the agenda for a special meeting of the Planning Commission. (c) The Planning Commission shall report its recommendations to the City Council not later than sixty (60) days following the date of referral to the Commission. The date of referral is defined as the date upon which the a2plication is first considered by the Planning Commission Ordinance No. 68 -9 (Section 35 -707. Continued) (d) The application and recommendation of the Commission shall be_p_laced on the agenda of the City Council within eighteen JI 8)_days following the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation, within seventy -eight (78) days of the date of referral to the Commission, ` (e) The City Council shall make a final determination of the application within forty -eight (48) days of the recommendation by the Planning Commission, or in the event the Commission has failed to make any tion, within one hundred and eight (108) days of the date of referral to the Commission. W The applicant or his agent shall appear at each meeting of the Commission and the City Council to answer questions regarding the maps, drawings, plans and to furnish such information as may be required (g) The Secretary of the Planning Commission, following the Commission's action upon the application, and the City Clerk following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A cony of this notice shall be kept on file as a part of the permanent record of the application. 2. Required Documents Concurrent with filing application for plan approval, the applicant shall submit,,.&s_ required, to the Secretary of the Planning Commission the following documents and information (a) A survey drawing by a registered land surveyor showing pertinent existing conditions, accurately dimensioned (b) A complete set of preliminary architectural drawings prepared by - a registered architect showing: (i) A scaled and dimensioned site plan indicating parkin layout including access provisions, designation of possible locations of accessory buildings, landscaping including trees and shrubbery with indication of species planting, size and location. (ii) Fences or walls or other screening including_ height and type of material. (iii) Lighting standards, type and location. (iv) Curbs Ordinance No. 68 -9 (Section 35 -707. Continued) v uildiPq floor plans, elevations, sections and outline specifications, including materials proposed. Mi) Proposed land elevations, drainage provisions, and utility provisions as may be required 3. Conditions and Restrictions the Planning Q2mmission may recommend and the City Council may impose such conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of the ordinance. The conditions may include the execution and submission of a Performance Agree- ment with a supporting financial guarantee that the subject property will be con - structed and developed in formance with the plans, specifications and standards. Section 4; This ordinance shall become effective April 29, 1968. Adopted this 29th day of April 1 1968. ATTEST-., Mayor Clerk t Effective Date 2 A ril 9 p , 1968