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HomeMy WebLinkAbout1968 06-17 CCM Special Session 117 Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota June 17, 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, Howard Heck and Theodore Willard. Also present were: D. G. Poss, Charles VanEeckhout, Richard Schieffer, Richard Cihoski, Jerry Dulgar and Thomas O'Hehir. Motion by Howard Heck and seconded by John Leary to approve the minutes of the June 3, 1968 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -136 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES 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 authorize the Mayor and City Manager to execute a lease with the Brooklyn Center Little League, Inc. for the use of City property located at 70th and Dupont Avenue North. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to authorize the Mayor and City Manager to execute a contract with Spring Lake Park Bus Company, Inc. for bus service for the Park Department swimming program. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to authorize the Mayor and City Manager to execute a joint and cooperative agreement for use of police personnel and equipment. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -137 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM _- (CONTRACT C) The motion for the adoption of the foregoing re solution 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 Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -138 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM -1- 115 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. The Council next considered a draft resolution regarding Application No. 68004 submitted by Shell Oil Company. Attorney John Karalis, representing Shell Oil Company, addressed the Council in regard to the application. ' Discussion of the application and the draft resolution by the Council, Mr. Karalis and the staff ensued. iv °.:ember.Theodore.Willard introduced the following resolution and moved Its adoption: RESOLUTION NO. 68 -139 RESOLUTION REGARDING APPLICATION NO. 68004 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. The Council next considered Application No. 68020 submitted by Mr. Jack Arvidson requesting approval of a preliminary plat of a Registered Land Survey. The City Manager reviewed the application for the Council. Following consideration of the application by the Council and with the con- currence of the applicant, Howard Heck moved and John Leary seconded a motion that Application No. 68020 be tabled until the July 8, 1968 meeting of the Council so Mr. Arvidson can consider alternative plans for his property. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The Council next considered Application No. 68021 submitted by Norman and Myra Chazin requesting approval of a preliminary plat of Shell's Brooklyn Center 2nd Addition. The City Manager reviewed the application for the Council. Attorney John Karalis, representing Norman and Myra Chazin, addressed the Council and requested that the City issue building permits to Shell Oil Company immediately and prior to completion of the platting procedure. Mr. Poss dis- bussed the procedures normally followed in plat approval and related that the plat approval process in this case was proceeding at a normal pace and that according to state law the City Council cannot approve the plat until the State Highway Department reviews the plat and offers its comments on the plat or until the expiration of a stipulated time period after submittal. The City Attorney, in answer to a question by Councilman Willard, discussed the court order that related to the application and offered the opinion that the City Council was fulfilling the requirements of the court order. Motion by Theodore Willard and seconded by John Leary to approve Application No. 68021. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The meeting recessed at 8 :58 P. M. and resumed at 9 :17 P.M. The Council next considered Application No. 68018 submitted by Glad and Miller Construction Company requesting rezoning of a parcel of property }ordered by T. H. 100, Lakeside Avenue and Lower Twin Lake, from O -2 to R -5. The City Manager reviewed the application for the Council. Attorney Karl Herman representing Glad and Miller Construction Company discussed the application with the Council. Mr. Charles Nichols, representing the residents of the area aired objections that the residents of the area had to the rezoning. Mr. Glad and Mr. Miller, the applicants, were present and answered questions for the Council and residents. -2- r Motion by Howard Heck and seconded by John Leary to close the public hearing. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. At the request of the Council, the City Attorney discussed the application and the legality of an agreement the applicants had proposed concerning the future opening of Azelia Avenue. Motion by John Leary and seconded by Theodore Willard to table Application No. 68018 for a period not to exceed thirty (30) days. The applicants concurred in the tabling of the application. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 10 :53 P.M. and resumed at 10 :59 P.M. The Council next considered Application No. 68024 submitted by American Construction Company requesting approval of site and building plans. The City Manager reviewed the application for the Council. Discussion concerning the application ensued. Motion by Theodore Willard and seconded by Howard Heck to approve Application No. 68024 with the following conditions and stipulations: 1. that the building plans are subject to the Building Inspector's approval as to applicable building codes; 2. utilities and drainage plans are subject to the approval of the City Engineer; 3. 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 as designated on the plans submitted. 4. the joint use easement for driveway purposes is to be reflected in the deeds of both the respective property owners. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Application No. 68025 submitted by Gingold - Pink Architects requesting approval of site and building plans for a Li`1 General Center. The City Manager reviewed the application for the Council pointing out that the owner and proposed lessor of the property had not yet removed the accumulation of illegally stored equipment from the adjacent premises as often promised in the past. Mr. Paul Pink and Mr. John Akers, representing the applicant, discussed the application with the Council. Motion by John Leary and seconded by Howard Heck to approve Applica- tion No. 68025 with the following conditions and stipulations: 1. the six foot high redwood screen fence along the north property line shall extend from a point 10 feet from the easterly property line westerly to the west property line; but the fence that would ordinarily be required along the westerly property line need not be built at this time, if a performance bond to guarantee its installation at the time of construction on the lots west shall be submitted. 2. the building plans are subject to the Building Inspector's approval as to applicable building codes; 3. the drainage and utilities plans are subject to the City Engineer's approval; 4. this approval does not include approval of a free- standing sign except as to location as shown on the site plan; -3- 109 5, a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to guarantee the installation of the site improvements designated on the plans; 6. the perimeter of all parking and driving areas shall be delineated with six inch poured -in- place concrete curbing, Voting n favor • g r were. Philip Cohen, •J . John Leary Heck and Theodore ef 7 Willard. Voting against were: none. Motion carried unanimously. The Council next considered Application No. 68026 submitted by Rodney Bernu requesting approval of site and building plans. The City Manager reviewed the application for the Council. Mr. Jarvis, representing Cross of Glory Church which is located immediately adjacent to the proposed building site discussed the application with the Counci I. Motion by Howard Heck and seconded by John Leary to approve Applica- tion No, 68026 with the following conditions and stipulations: 1 the plans provide for the face of the building (on Osseo Road) to be two stories in height to comply with the two story limitation in the Cl zone, but that there may be three stories on the west side of the building; 2. the building plans are subject to the Building Inspector's approval as to applicable building codes; 3, the drainage and utilities plans are subject to the City Engineer's 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 the site improvements designated on the plans; 5. a four foot high redwood fence shall be installed on the north property line. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council noted that the normal buffering and screening between R -5 and R -1 uses was not being required of the applicant in this case because the R -1 property is being used as a church and not for residence purposes. The Council next considered Application No. 68027 submitted by Dr. Irving Herman requesting approval of site and building plans. The City Manager reviewed the application for the Council. Dr. Herman discussed the application with the Council. Motion by John Leary and seconded by Theodore Willard to approve Application No. 68027 with the following conditions and stipulations: 1 the building plans are subject to the Building Inspector's approval as to applicable building codes; 2, the utilities and drainage plans are subject to the approval of the City Engineer, 3. 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 as designated on the plans submitted; 4, trees shown on the site plan shall be of a hardwood species other than elm. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. -4- r 107 Motion by Howard Heck and seconded by John Leary to extend the special use permit for Sunray DX Oil Company for their property at 65th and Humboldt Avenue North until August 21, 1969. Voting in favor were: Philip Cohen, John Leary and Howard Heck (Theodore Willard abstained). Voting against were: none. Motion carried unanimously. The Council next considered Application No. 68023 submitted by Ethel Magnuson requesting approval of preliminary plat of Ryden's 4th Addition. The City Manager reviewed the application for the Council. The Council discussed the application. Motion by Theodore Willard and seconded by John Leary to approve Application No 68023. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against- were: none. Motion carried unanimously. The Council next reviewed the final plat of Northland Estates 4th Addition, Motion by John Leary and seconded by Theodore Willard to approve the final plat of Northland Estates 4th Addition. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Application No. 67060 submitted by Brooklyn Center Auto Sales requesting lighting plan approval. The City Manager reviewed the application with the Council and related to them that the lighting plans that were approved at their June 3, 1968 meeting were only for the used car portion of the facility. Motion by Howard Heck and seconded by John Leary to approve the complete lighting plans for Brooklyn Center Auto Sales. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager related to the Council that he had received a letter from the State Department of Human Rights inviting the Brooklyn Center Human Rights Commission, the Council and interested staff members to attend a Conference on Creative Concern in St. Paul on June 29th, Discussion of the conference ensued. Motion by Howard Heck and seconded by Theodore Willard to approve the following licenses: Food Establishment License Chuck Wagon inn 5720 Morgan Ave. No, St, Alphonsus Church 7031 Halifax Ave. No. Heating License Bruce Plumbing Company 4747 Twin Lake Ave. No. Itinerant Food Establishment License Brooklyn Center Civil Defense 7100 Osseo Road St. Alphonsus Church 7031 Halifax Ave. No. Non - Perishable Food Machine License Brookdale Motel 6500 Lyndale Ave. No. Voting in favor were: Philip Cohen John Leary, Howard Heck and Theodore Willard. Voting against were: 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, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. The City Council mee ng adjourned at 12 :47" Clerk Mayor -5-