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HomeMy WebLinkAbout1968 06-03 CCM Special Session 93 Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota June 3, 1968 The City Council met in special session and was called to order by Mayor Philip Cohen at 7 :38 P. M. Roll Call: Philip Cohen, John Leary, Howard Heck and Theodore Willard. 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 John Leary and seconded by Theodore Willard to approve the minutes of the May 20, 1968 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against: none, Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption; RESOLUTION NO. 68 -126 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -42 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -43 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, 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 -127 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -45 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -46 AND ORDERING PREPARATION OF PLANS 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, 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 -128 RESOLUTION ESTABLISHING STREET SURFACING IMPROVE MENT PROJECT NO. 1968 -44 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 91 The City Manager discussed Resolution No. 68 -129 in light of the City's consultations with the Soo Line Railroad. Mr. Poss related that the railroad had conducted a study of the problem and their study produced data similiar to that developed by the City and that the railroad had indicated they would not oppose the petition of the City, He went on to say that the approval of the petition and the decision on whether state funds would be made available for installing the signals is up to the Public Service Commission. Member Howard Heck introducea the following resolution and moved its adoption: RESOLUTION NO. 68 -129 RESOLUTION PETITIONING THE PUBLIC SERVICE COMMISSION OF THE STATE OF MINNESOTA TO REQUIRE THE INSTALLATION OF SIGNAL DEVICES AT THE INTERSECTION OF THE SOO LINE RAILROAD AND FRANCE AVENUE NORTH IN BROOKLYN CENTER 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, 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 -130 RESOLUTION TO ESTABLISH REGULATIONS AND AUTHORIZE SIGNATURES FOR SPECIAL CHECK CASHING FUNDS FOR THE MUNICIPAL LIQUOR STORES 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council next discussed the request .by the Little League of America, Inc, to renew their lease on the property located at 70th and Dupont Avenue North and owned by the City. Discussion of granting a lease for a period of longer than 1 year, as is now the case, ensued. Motion by Theodore Willard and seconded by Howard Heck to table action on the request to renew the lease to allow the staff to prepare a new lease which would be for a period of 2 years with a 2 year renewal option. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The Mayor announced that the meeting was open for the consideration of proposed Street Grading, Base & Surfacing Improvement Project No. 1968 -10. 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 May 30, 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -131 RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1968 -10 -2- 89 The motion for the adoption of the foregoing resolution was duly seconded by fnember John Leary, and upon vote being taken thereon.. the following voted In favor thereof: Philip Cohen, John Leary, 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 -11. The Clerk produced an affidavit of ublication of notice of hearing ring on the proposed improvement showing two weeks' publication thereof in the official newspaper, r the last i Pa t ublica P : publication being on May 30, 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 -132 RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER IMPROVEMENT PROJECT NO 1968 -11 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, 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 proposea Water imprdve•mem Projdct 790. T96°8 =T8. 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 May 30, 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 -133 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO, 1968 -18 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, 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 ordinance; moved to declare a second reading, and further moved its adoption, provided however, that for the purposes of the minutes of the proceedings of the City Council, -3- 87 the text of the ordinance shall be contained in the Official Ordinance Book for 1968 of the City of Brooklyn Center: ORDINANCE NO. 68 -10 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES BY REPEALING THE AMENDED 1957 VERSION OF THE "ZONING ORDINANCE" AND BY ADDING THE 1968 VERSION OF THE "ZONING ORDINANCE" The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary, and upon vote ring taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Theodore Willard introduced the following ordinance and moved its adoption, provided however, that for the purposes of the minutes of the proceedings of the City Council, the text of the ordinance shall be attached to the minutes and be a part thereof: ORDINANCE NO. 6 8 -11 AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES BY REPEALING PORTIONS THEREOF AND ADDING PORTIONS THERETO 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -134 RESOLUTION ACCEPTING QUOTATIONS FOR RAZING THE DILAPIDATED STRMTURE AT 5536 BRYANT 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Theodore Willard and seconded by Howard Heck to approve the list of Fire Relief Association investments set forth in a letter of May 23, 1968. The investments have been reviewed by City Treasurer Paul Holmlund and found to be consistent with statutory standards. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the following licenses: Non - Perishable Food Vendina Machine License Polar Distributor, Inc. 12116 12th Avenue South Food Establishment License Lane & Ernst Groceries 6912 Osseo Road Itinerant Food Establishment Licenae Brooklyn Cneter Jaycees 58th & Xerxes Avenue North -4- L 85 Voting in favor were: Philip Cohen, john Leary, Howard Heck and Theodore Willard, Voting against: none, Motion carried unanimously. The meeting recessed at 8 :50 P.M. and resumed at 9 :12 P.M. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION ISO. 68 -135 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECTS NO. 1968 -3 AND 1968 -10 AND CURB & GUTTER IMPROVEMENT PROJECTS NO. 1968 -4 AND 1968 -11, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1968 -D) 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 Cohenk john Leary, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council next considered Application #68004 submitted by Shell Oil Company. The application requests approval of site and building plans and special use permit for their station located at 63rd Avenue North and Osseo Road. Mr. Schiell representing Shell Oil Company discussed the application with the Council and stated that at the present time, anyway, his company had not revised their plans to include a 15 ft. no- activity green strip adjacent to Osseo Road. At the May 20th meeting the Council had requested that the plans be revised to reflect this provision. Motion by Theodore Willard and seconded by ]John Leary to direct the City Manager to draft a resolution setting forth the findings enumerated by the City Council and denying Application #68004. Voting in favor were: Philip Cohen, john Leary, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The Council next considered Application #67070 submitted by Gordon Christiansen requesting a variance from the 35 ft, front yard set -back as required in Chapter 35 of the City Ordinances. The Council discussed the application and the provisions of Section 35 -221 (Standards for Variances) of the City Ordinances at length. Motion by Theodore Willard that Application #67070 be approved in that the conditions upon which the application for a variance are based are unique to the parcel of land for which the variance Is sought and are not applicable, generally, to other property within the same zoning classification, namely that the applicant's lot is a pie - shaped fronting on a curved street and the property to the west (3018 Mumford Road) is a corner lot with a 25 ft. side yard set -back and the property to the east (3013 Nash Road) has a 35 ft, front yard set -back and therefore the applicant's proposed garage would not protrude beyond a reasonable set -back transition curve drawn between 3018 Mumford Road and 3013 Nash Road. After twice calling for and failing to get a second to the motion, Mayor Cohen passed the gavel to Mayor Pro-tam Howard Heck, Mayor Cohen then seconded the foregoing motion. Voting in favor were: Philip Cohen and Theodore Willard. Voting against: Howard Heck and John Leary. Motion failed and the application was not approved. Mayor Cohen reassumed the Chair. The Council next considered Application #67060, submitted by Brooklyn Auto Sales requesting lighting plan approval. Lighting plans were not submitted by the applicant or considered by the Council when site and building plans were approved on November 13, 1967. -5- 83 The City Manager and staff discussed with the Council the lighting plans and the consultations that were held with the lighting designer. Motion by Theodore Willard and seconded by john Leary to approve the revised lighting plans for the used car display area of Brooklyn Auto Sales - property located at 6801 Osseo Road, as described on sheet Rl and in an Electrical Specifications Manual dated September 25, 1967. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The City Manager reviewed with the Council the Library Acquisition Policy of Hennepin County as it relates to Brooklyn Center and the City Library. A general discussion of the County Library Acquisition program ensued. Motion by Theodore Willard and seconded by Howard Heck to instruct the staff to investigate the feasibility of acquiring the Trinity Presbyterian Church building, located at 62nd Avenue North and Xerxes Avenue North, for possible use as a community or teen center, as suggested by the Park and Recreation. Voting in favor were: Philip Cohen, john Leary, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The Council acknowledged receipt of a report from City Sanitarian, Robert Hutchison. Mayor Cohen left the meeting at 11 :02 P. M. and Mayor Pro -tem Howard Hock assumed the Chair. Councilman Heck then reported to the Council on his attendance at a hearing before the legislative committee considerin ri the split liquor ro g P proposal. Mayor Cohen returned to the meeting and reassumed the Chair at 11: 08 -If. M. The discussion of the split liquor proposal continued. Motion by Howard Heck and seconded by john Leary to direct the staff to investigate the possibility of requesting an opinion of State Attorney General Douglas Head concerning the issuance of private on -sale liquor licenses while retaining municipal off -sale. Voting in favor were: Philip Cohen, john Leary, Howard Heck and Theodore Willard. Voting against; none. Motion carried unanimously. The City Manager and the Council discussed the proposed Fireman's Relief Association by laws. Motion by john Leary and seconded by Howard Heck that the meeting be adjourned. Voting in favor were: Philip Cohen, john Leary, Howard Heck and Theodore Willard, Voting against: none. Motion carried unanimously. The City Council meeting adjourned at 12 :08 A. M. Clerk Mayor -6- CPIY OP NOOK= C�NTER ORD[ go. AN ORDINANCE Ah6NDMG CHAP?ER 3 OF TEE CITY OMDMWjNCZS 11EOF AND AiaDLlsa MF=Om IMTO THE CM COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOI.LOW91 Section 1: Chapter 3 of the City Ordinances is hereby amrpded bir the repeal of the following sections: Mection 3 -903. MdUMpaNT OF CERTIFICATE OF OCCUPANCY' OR CERTIF'CA?E OF COMP Upon the completion of any builddiag of structure Intended for human occupancy or habfttbm, and for which a permit has been Issued,, it shall be the duty of the BuMb g Inspector to "Main such buiidiM or structure bs ascertain whether or not the provisions of this Code and the Soakq Ordinance of Brooklyn Center have been complied with. 1'f and when he so he shall issue to the owner a Certificate of Occupancy which shall sot foedc (a) The location of the promises. {b) The serial number and date of the building permit under which the construction, improvements, or alterations were made. (0) The nature of the structure or improvements or alterations. Upon completion of any other building or structure for which a permit has been issued, it shall be the duty of said Inspector to examine such building or structure to ascertain whether or not the provisions of this Code and the Zoning Ordinance have been complied with. N and when he so finds, he shall issue to the owner a Certificate of Compliance which shall not forth substantially the same information as the Certificate of Occupancy above referred too. The Building Inspector shall file a duplicate copy of this certificate with the City Clerk for the permanent records of the City. ) Section 2: Chapter 3 of the City Ordinances is hereby amended by the addition of the following: 12290 3 - 903, REOUBMAGNT OF CERTIFI= OF ggCU Cy JZRM the completion of any building or structure and ich 2Mlt s been issued, it shall bo the duty of the Building ��r h to tin suc Uw or s rr�twy to ascertain whe�oc isbns W e - Code a the kl n j2291K bav w Ordinance No. ctxon 3 -903 t ­ && €ter final L" ®e oa when c m e - I th the ors ct C enter k a cou the follawi a i ate of wh ch n n9 ON: Buildings oc struc »s RIAssifted u I a 9ERNP1 s s in heicht. er two l -- buildim permit number 2 The address and local d0sarlvtion f the bujii 3 The name of the owner. 4, A statement that th® buildiW complies with the reQUire- s of occupanC�► in which the '° oQCc;v is 'cthasifled 5 The signature of the Building Inspector. additional Ce firms+ *A �s Oura;;; shah ,ice for anv subse uent Chan a of terra is a r a chap e o c which s not nstitute lasso SUb to another Class or Sub- lass. Afro ertifica a of shall be iced for additions alts rePaiars which involve no change in Class of OccupancY motions and o ur p se. ion of the for which, in the s actor, a Certificate of occu2gaa would serve t� Or use any building o Lawful to occupy r structure f which „ a va It shall be 'n riate a fate has not revio a sued as a sal be any blic service QQEDMUOU e Ucept s e ent f the i to vide service to a building, r IMMSM s ce for used bu in construe n ss a f to of rNq^ ­RncY has been iss ed therefor, or un ass e f rnishi of such service is authorized b the Inspector of Buildi Section 3: This ordinance shall be effective after adoption and upon thirty (30) days following its legal publication. Adopted this 3rd day of June 968. ATTEST: Mayor C erk Published In the official newspaper Ma 23 y 1968 Effective Fete, June 3 , 1968 (Brackets indicate matter to be deleted, underline indicates new matter)