HomeMy WebLinkAbout1968 05-13 CCM Special Session - 65
Minutes of the Proceedings of the City
Council of the City of Brooklyn Center
In the County of Hennepin and State of
Minnesota
May 13, 1968
The City Council met in special session and was called to order by
Mayor Pro -tem, Howard Heck at 7 :40 P. M.
Roll Call: Philip Cohen (arrived at 8 :17 P. M.), John Leary, Earl Rydberg,
Howard Heck and Theodore Willard. Also present were: D. G. Poss, Paul
Holmlund, Charles VanEeckhout, Richard Schieffer, Dick Cihoski, Jerry Dulgar,
and Thomas O' Hehir.
Mr, Peter Noeth, Civil Defense Communication Officer, appeared before
the Council and read a proclamation drafted by the Civil Defense Department
challenging the City Council to participate in a "Donkey Baseball Game" on
September 8, 1968. Although the Council's reaction seemed somewhat less than
enthusiastic, it did appear that they accepted the challange.
Member Theodore Willard introduced the following' resolution o ution moved
its adoption:
RESOLUTION NO. 68 -109
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER
MPIN IMPROVEMENT PROJECTS NO. 1968 -2, 6, 8, 13, 16, 18,
24, 29, 31, & 35; SA1 SEWER IMPROVEMENT PROJECTS
NO. 1968 -14 & 15; AND STORM SEWER IMPROVEMENT PROJECT
NO 1968 -12 • G AD AND DIRECTING RTISEMENT FOR BIDS
ADVERTISEMENT
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: 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 -110
RESOLUTION AMENDING RESOLUTION NO. 67 -314 ADOPTED
OCTOBER 16, 1967
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: 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 -111
RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED
STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT
NO. 1968 -10 AND CURB & GUTTER IMPROVEMENT PROJECT
NO. 1968 -11
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: John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and
the following voted against the same: none, whereupon said resolution was de-
clared duly passed and adopted. -1-
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Member John Leary introduced the .following resolution and moved its
adoption:
RESOLUTION NO. 68 -112
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
WATER MAIN IMPROVE MEIT PROJECT NO. 1968 -18
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: 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 Theodore Willard to establish
a Board of Review Meeting for July 9, 1968 at 8 :00 P. M. Voting in favor were:
john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against:
none. Motion carried unanimously.
Motion Ly Earl Rydberg seconded by John Leary to declare a first reading
on the following ordinance;
AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES
BY REPEALING POPTIONS THEREOF AnTD ADDING PORTIONS THERETO
Voting in favor were: john Leary, Earl Rydberg, Howard Heck and Theodore
Willard. Voting against: none. Motion carried unanimously.
Motion by john Leary and seconded by Theodore Willard to authorize
the Mayor and City Manager to execute a standard utilities maintenance agree-
ment for maintenance utilities within the Federal Lumber Company property loca-
ted at 4810 Lilac Drive. Voting in favor were: 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 authorize
the Mayor and City Manager to execute a standard utilities maintenance agree -
ment for maintenance of utilities within the Twin Lakes North Development
located on the City's westerly boundary and bound by County Highway 10 on the
south and Kylawn Park on the North. Voting in favor were: John Leary, Earl
Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion
carried unanimously.
Motion by Earl Rydberg and seconded by john Leary to approve the fol-
lowing licenses:
Heating License
Advance Heating & Aix Conditioning 6225 University Ave. N.E.
Air Comfort, Inc. 3300 Gorham Ave.
Anoka Plumbing & Heating 2209 Main Street
C. 0. Carlson Air Conditioning Co. 709 Bradford Ave. No.
Commercial Air Conditioning, Inc. 707 South 7th Street
Conditioned Air Equipment Co. 3010 Clinton Ave. So.
Cronstroms Heating & Sheet Metal, Inc. 4410 Excelsior Blvd.
Crystal Heating & Sheet Metal Co. 6324 Bass Lake Road
Domestic Heating & Cooling Co., Inc. 9110 Grand Ave. So.
Egan & Sons Air Conditioning Co. 7100 Medicine Lake Road
Fairson, Inc. 2021 W. Co. Road C
Fred Vogt & Company 3260 Gorham Ave.
Geo. Sedgwick Heating &
Air Conditioning 1001 Xenia Ave. So.
Hoglund Heating Company 7420 West Lake Street
H.S. Hortwitz, Inc. 1411 - 11th Ave. So.
J. McClure Kelly Company 2601 Stevens Avenue So.
Loosen Plumbing & Heating, Inc. Long Lake, Minnesota
Mill City Heating & Air Conditioning 13005B 16th Ave. No.
Modern Heating & Air Conditioning 1007 Main St. N.E.
Minneapolis Gas Company 8th St. & Marquette Ave.
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Heating Licenses (continued)
Pierre Aircon 1322 Rice Street
Quality Heating & Air Conditioning 3035 Lyndale Ave. So.
Royalton Heating & Cooling Co. 4626 Lyndale Ave. No.
Roy N. Welter Heating Co. 4637 Chicago Avenue
Siegler Minnesota 106 East Lake Street
Standard Heating Co. 410 West Lake Street
Superior Furnance Co. 6121 - 42nd P_ve. No.
Thomas Air Conditioning Co. 815 - 14th Ave. S.E.
Thompson Air Conditioning Co. 5115 Hanson Court
Well DriLUng License
Hadden Well Company 4455 Main St. N.E.
Gas Piping License
Advanced Heating & Air Conditioning 6225 University Ave. N.E.
Conditional Air Equipment Co. 3010 Clinton Ave. So.
Cronstroms Heating & Air Conditioning 4410 Excelsior Blvd.
Domestic Heating & Cooling Co. 9110 Grand Ave. So.
Fred Vogt & Co. 3260 Gorham Avenue
Geo. Sedgwick Heating &
Air Conditioning Co. 1001 Xenia Ave. So.
Mill City Heating & Air Conditioning 13005B 16th Ave. No.
Minneapolis Gas Company 8th St. & Marquette Ave.
Pierre Aircon Co. 1322 Rice Street
Quality Heating & Air Conditioning 3035 Lyndale Ave. So.
Royalton Heating & Cooling Co. 4626 Lyndale Ave.
Roy N. Welter Heatirtg Co. 4637 Chicago Ave.
Standard Heating Co. 410 West Lake Street
Superior Furnace Co. 6121 - 42nd Ave. No.
Class A Motor Vehicle License
Brookdale Chrysler Plymouth, Inc. 6111 Osseo Road
Brookdale Motors, Inc. 2500 Co. Road 10
Voting in favor were: john Leary, Earl Rydberg, Howard Heck and Theodore
Willard. Voting against: none. Motion carried unanimously.
City Finance Director, Paul Holmlund, discussed the purpose of and the
need for the resolution regarding the establishment of a method of determining
interest �Ates on loans from the investment trust fund to other funds of the City.
Member john Leary introduced the following resolution and moved its
adoption:
RESOLUTION NO. 113
RESOLUTION ESTABLISHING A•METHOD TO DETERMINE AN INTER-
EST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO - OTHER
FUNDS OF THE CITY OF BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was duly seconded by
member Theodore Willard, and upon vote Ding taken thereon the following voted
in favor thereof: 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 -114
RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY
IMPROVEMENT NOTES
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The motion for the adoption of the foregoing resolution was duly seconded by
member Earl Rydberg, and upon vote Ding 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.
Councilman Willard left the meeting at 8 :19 P. M.
The Council next considered Planning Commission Application #68006
requesting rezoning of the property bounded by France Avenue, 65 1/2 Avenue,
Trunk Highway No. 152 and Interstate Highway No. 94; and also the first two
properties lying south of 65 1/2 Avenue on the east side of Trunk Highway 152.
The City Manager reviewed the Planning Commission action on Applica-
tion #68006 for the Council. Residents of the area in question were present and
spoke in favor and against the requested rezoning. One resident presented a
petition in opposition to the rezoning.
Motion, by John Leary and seconded by Howard Heck to close the public
hearing on Application #68006. Voting in favor were: Philip Cohen, John
Leary, Earl Rydberg, and Howard Heck. Voting against: none. Motion carried
unanimously„
Action on the application itself was deferred until later in the evening
to allow time for a re resentative of Lore Realty. to appear P ry R lty the Councij..
The Council next considered Planning Commission Application #68005
requesting a variance from the City's parking standards and approval of site
and building plans for an addition to the P. B.C. Medical and Dental Center.
The City Manager reviewed the Planning Commission action on the application
for the Council. Mr. Poss and Richard Cihoski, Planning Assistant, further
discussed the application with the Council.
Councilman Willard returned to the meeting at 8 :58 P. M.
Mr. Al Erickson, representing P. B.C. Medical and Dental Center, dis-
cussed the application with the Council. Mr. Erickson stated his opinion that
the parking requirement should be based upon "net" floor area rather than "gross"
floor area of the building. He further stated that the P. B.C. Clinic was staffed
by medical specialists who practice part of the time downtown, thereby lessen -
ing the need for parking. Mr. Erickson agreed that the ordinance requirement
might be appropriate if the clinic were staffed by General Practitioners rather
than specialists. He stated that approximately 50 people would be employed
at the clinic. Mr. Erickson presented his analysis which indicated that approx-
imately 100 parking spaces might be required at peak periods under the present
specialist practice,
The City Manager and the staff discussed the application and the City's
parking requirements with the Council. The City Manager pointed out that
experience at the Northbrook Clinic in Brooklyn Center, which provides parking
spaces in excess of the ordinance requirements, would indicate that the
ordinance requirement is an appropriate minimum standard for Brooklyn Center
medical land uses. He stated that the trend of making greater use of medical
technologists, due to shortages of doctors, would have the tendency to create
a greater need for parking spaces due to the increased number of employees and
the increased number of patients which could be served. Mr. Cihoski related
ordinance requirements in other communities.
Area residents were present and commented on the proposed zoning and
project.
Motion by Howard Heck and seconded by Theodore Willard to deny the
variance requested in Planning Commission Application #68005 because the
applicant has not demonstrated by evidence that the standards established by
ordinance for granting variances have been met; and furthermore the Council
finds that the applicant has not demonstrated that the minimum parking standards
established by ordinance are unreasonable. Voting in favor were: Philip Cohen,
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Earl Rydberg, Howard Heck and Theodore 1,V1. lard (John Leary abstained). Voting
against: none, Motion carried. unanimously.
The meeting recessed at 9 :25 P.M. and resumed at 9 :50 P.M.
Motion by John Leary and seconded by Howard Heck to table Planning
Commission Application #68006 submitted by Lowery Realty to a time convenient
to the City Council schedule, due to the failure of a representative of Lowery
Realty Company to appear, the applicants concurring in the tabling action.
Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and
Theodore Willard. Voting against: none. Motion carried unanimously.
The Council next considered Planning Commission Application #68013
requesting approval of a preliminary plat. The City Manager reviewed the
i
Planning Commission action on the application for the Council. Duplicate prints
of the 1
p at and other visual aids were observed by the Council. Mr. Norman
Chazin, the applicant, discussed the plat with the Council.
Motion by John Leary and seconded by Theodore Willard to approve the
preliminary plat as
p arY P requested in Application #68013 with the dimensional
deficiences on a corner lot being noted. Voting in favor were: Philip Cohen,
John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against:
none. Motion carried unanimously.
The Council next considered Planning Commission Application #67035
requesting approval of site and building plans of an apartment development at
65th and Humboldt Avenue North. The City Manager reviewed the Planning
Commission action on the application for the Council. Mr. Norman Chazin, the
applicant, discussed the application with the Council.
Motion by Theodore Willard and seconded by Earl Rydberg to approve
Application #67035 with the following conditions, and stipulations:
1. The building plans are subject to the Building Inspector's
final approval with respect to applicable building codes;
2. the drainage and utility plans are subject to the approval of
the City Engineer;
3. the perimeter of all parking and driving areas shall be
delineated with six inch poured -in -place concrete curbing
(as described on the plans submitted);
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 site improvements described on the
plans or as required by this approval;
S. the Council requests that the applicant revise his landscaping
plans to provide some larger trees consistent with the land-
scaping schedule in the City's new zoning ordinance,,.
Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard heck and
Theodore Willard. Voting against: none. Motion carried unanimously.
The Council next considered Planning Commission Application #67005
as submitted on behalf of Shell Oil Company requesting site and building plan
approval and a special use permit for a service station at France Avenue and
Trunk. Highway #100. The City Manager reviewed for the Council the Planning
Commission's action on the application and the events that had proceeded that
action. Planning Commission Resolution No. 68 -3 was read in whole by Mr.
Poss. The Council reviewed the proposed site and building plans and considered
the requested special use permit.
Motion by John Leary and seconded by Howard Heck to approve Applica-
tion #67005 with the following conditions and stipulations:
1. An opaque fence or wall be installed along the south property
line of the station site, such fence or wall to be 6 feet in
height, extending no closer to the France Avenue right -of -way
line than 15 feet, and extending westward from France Avenue
to a point at least 150 feet therefrom;
2. the shrubbery indicated on the site plan be designated in a
landscaping schedule as to type, size, number, and location;
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3. the freestanding sign proposed for the property shall be no
larger than 90 square feet in area (point -to -point perimeter
measurement) and 24 feet in height above finished floor
grade of the building;
4. the plans and construction are subject to the Building Inspector's
approval as to applicable building codes;
S. a performance agreement and performance bond or escrow
(in an amount to be determined by the City Manager) shall
be submitted to the City to guarantee the installation and
initial maintenance of the site features designated on the
plans, or as required herein;
6. the two parcels presently making up the site shall be
incorporated into a single parcel by plat or Registered
Land Survey prior to the issuance of building permit.
Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and
Theodore Willard. Voting against were: none. Motion carried unanimously.
The Council next considered Planning Commission Application #68019
submitted by Darrel Farr requesting that his property at 65th and Willow Lane
be rezoned. The City Manager reviewed the Planning Commission action on the
application for the Council. Area residents were present and discussed the
request with the Council. Although notified of the hearing, Mr. Farr was not
represented at the meeting.
Motion by Theodore Willard and seconded by Howard Heck to direct the
City Manager to draft a resolution setting forth the findings of the City Council
in denying the requested rezoning. Voting in favor were: Philip Cohen, John
Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were:
none. Motion carried unanimously.
Planning Commission Application #68004 was next considered by the
Council. The City Manager related the Planning Commission action on the
application to the Council. The Council discussed the application in reference
to the applicable requirements of the City. It was the Council consensus that
the service station renovation constituted a major alteration, tantamount to
the erection of a new structure and that the application should therefor be con-
sidered and reviewed as if it were a new structure, meeting the usual established
standards for plan approval of new structures. Mr. Schiell and Mr. Dryer repre-
senting Shell Oil Company discussed the application with the Council.
Motion by Theodore Willard and seconded by John Leary to table the
application to June 3, 1968, with the recommendation that the applicant revise
the site and building plans to incorporate the 15 foot no activity greenstrip on
the property and meet other ordinance requirements as applicable. The fore-
going action was taken with the concurrence of the applicant. otin in fa
yr
9 g Voting o
were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore
Willard, Voting against, none. Motion carried unanimously
Planning Commission Application #68014 was considered next by the
Council. The City Manager related that the tabling of the application on April
15, 1968 was conditioned on the comprehensive rezoning progressing as then
scheduled. The schedule being met, to date, necessitates the Council taking
action on the application at this time.
av a fon : -, John Leary and seconded by Theodore Willard to declare
concurrence with the principle of the request as illustrated by the proposed
C -1 designation, but to formally deny the request on the basis that the RB
zoning district will be eliminated under the proposed zoning ordinance. Voting
In favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodoet
Willard. Voting against: none. Motion carried unanimously.
The City Manager explained that in reviewing the zoning district map
there were some suggested modiciations which the Council might consider. The
specific matters referred to consisted of changing from R4 to Cl designation that
property between Osseo Road and Beard Avenue, 59th and 60th Avenues; changing
from R4 to R5 designation the western portion of parcel 3500, Auditors Subdivision
No. 25. -6-
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The Council concurred with the recommenod modL:lcatiuns,
Mr. Bayer, representing the owners of the Layne and Ernst Center
located at the corner of 69th and Osseo Road, discussed the proposed zoning
of his client's property with the Council.
Notion by Theodore Willard and seconded by John Leary to table Plan-
ning Commission Application #67070 to May 20, 1968. Voting in favor were:
Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard.
Voting against: none. Motion carried unanimously.
Motion by Howard Heck and seconded by Earl Rydberg to declare a first
reading on the following ordinance:
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
BY ESTABLISHING ZONING REGULATIONS AND LAND USE CLASSIFICA-
TIONS, AND DESCRIBING ZONING DISTRICTS, SAID ORDINANCE BEING
KNOWN AS THE BROOKLYN CENTER ZONING ORDINANCE
Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and
Theodore Willard. Voting against: none. Motion carried unanimously.
Mayor Cohen announced that in accordance with Resolution No. 68 -44
he was appointing Councilman Theodore Willard as the Ex- Officio member of
the Human Rights Commission.
I Motion by Howard Heck and seconded by John Leary to accept the
preliminary draft of the League of Women Voters Education Study. Voting in
favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore
Willard. Voting against: none. Motion carried unanimously.
Motion by Howard Heck and seconded by John Leary 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 t 12 :07 A. .
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Cl erk Mayor
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