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HomeMy WebLinkAbout1968 07-08 CCM Regular Session 149 Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota July 8, 1968 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7: 45 P. M. Roll Call: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Also present were: D.G. Poss, Paul Holmlund, Charles VanEeckhout, Richard Schieffer, Richard Cihoski, Jerry Dulgar and Thomas O' Hehir. Reverend Christensen of Brooklyn Center Evangelical Free Church offered the invocation. Motion by Theodore Willard and seconded by Philip Cohen to approve the minutes of the June 24, 1968 meeting as submitted. Voting in favor were: Philip Cohen and Theodore Willard Marl Rydberg and Howard Heck abstaining). Voting against were: none. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -141, RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT - JE NO. 1968 33 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED 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 being taken thereon, the following voted In favor thereof: Philip Cohen, 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 -142 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -34 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, 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. 68-143 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1968 -39 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT NO, 1960 -1 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, Earl Rydberg, Howard Heck and Theodore Willard.; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- 155 Memb"w"nModore Willard Introduced the following resolution and moved 1t3 adoption: RESOLUTION NO. 68 -144 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT PROTECT NO, 1968 -40 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, 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 -145 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET'SURFACING ThERO{M PROJECT NO, 1968-41 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, Earl be RYd rg, 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. 68-146 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1968 -42 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT NO 1960 -1 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, 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 -147 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET S FAC PROVE W - MOTECI NO 1968 -43 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the eam&. none, whereupon said resolution was declared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved Its adoption: RESOLUTION NO. 68 -148 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1968 -45 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT NO, 1960 -1 -2- 157 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, 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 -149 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET SURFACING IMPROVEMENJ PROTECT NO, 1968 -46 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, 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 -150 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, 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 -151 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)_ 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, 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 -152 RESOLUTION ACCEPTING WORK (CONTRACTED 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, 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 -153 RESOLUTION ACCEPTING WORK (CONTRACTED BYCITY,,,_} -3- 159 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, 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 -154 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, 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 -155 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, 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 -156 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, 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 -157 RESOLUTION ACCPPTING BID AND APPROVING CONTRACT FORM (STATE AID CONTRACT NO, 1968 -D) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote Ming taken thereon, the following voted in favor thereof: Philip Cohen, 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 -158 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES -4- 161 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, 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 Theodore Willard and seconded by Howard Heck to release the subdivision bond for the Adeline Hokanson Addition. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered the final plat of Shell's Brooklyn Center 2nd Addition. The City manager reviewed the progress of the application for the approval of the plat and related that the City had not yet received any written comments from the Minnesota Highway Department, but that he had been informed the comments were in the mail. Mr. Poss went on to say that the 15 day statutory waiting period for the Highway Department's comments had expired and that it was his recommendation that the plat be approved. Motion by Theodore Willard and seconded by Howard Heck to approve the final plat of Shell's Brooklyn Center 2nd Addition. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none Motion carried unanimously. The Council next considered an amendment of Chapter 35 of the City's ordinances. The City Manager explained that the amendment was necessary to correct and clarify certain portions of the new zoning ordinance. The City Manager, the staff and the Council reviewed the amendment. Motion by Howard Heck and seconded by Theodore Willard to declare a first reading of the following ordinance amendment: AN ORDINANCE AMENDING CHAPTER 35 Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Mayor Cohen left the meeting at 8 :15 P. M. and Mayor Pro -tem Howard Heck assumed the chair. The Council next considered Application No. 68020 submitted by Jack Arvidson requesting preliminary plat approval. The City Manager reviewed the application for the Council. Mr. Arvidson discussed the revised proposed plat with the Council. Motion by Theodore Willard and seconded by Earl Rydberg to approve the preliminary plat as revised and dated July 1 submitted by Mr. Arvidson on July 8 upon the condition that the final plat be amended to show the west side of Humboldt Avenue as 33 ft. wide instead of 30 ft. wide, the Council recogniz- ing that this action will create an 87 ft. wide substandard lot along 73rd Avenue at Humboldt Avenue. Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Application No. 68029 submitted by Northwestern Bell Telephone Company requesting approval of site and building plans for an addition to their building located at 65th Avenue North and Dupont Avenue North, The City Manager reviewed the application for the Council. Motion by Earl Rydberg and seconded by Theodore Willard to approve Application No. 68029. Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Application No. 68017 submitted by Gale Pierce (Fireside Realty) requesting rezoning. The City Manager reviewed the application for the Council. Upon receiving an opinion from the City Attorney that any action taken upon the application with only three Councilmen present may be improper, the Council decided to defer action on the application until later in the meeting when Mayor Cohen would be present. -5- The Council next considered Application No. 68022 submitted by 165 Charles Velie Jr. (Valle Motor Co.) requesting preliminary plat approval. The City Manager reviewed the application for the Council. Motion by Earl Rydberg and seconded by Theodore Willard to approve Application No. 68022, Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Zoning requirements in relation to special use permits were considered by the Council. Motion by Theodore Willard and seconded by Earl Rydberg to direct the staff to prepare an ordinance amending Section 35 -220 (Special Use Permits) of the City ordinances which would provide for expiration and review of special use permits for special home occupations. Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously, The Council then took action on a number of special use permits which had time limits fixed on them at the time of their approval. Motion by Earl Rydberg and seconded by Theodore Willard that special use permission granted by the Council on November 8, 1965 (Application No. 65084) be amended to permit a single ice machine to be used on the Shell Oil Company property at 6245 Osseo Road until November 8, 1969. Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Theodore Willard that special use permission granted by the Council on November 14, 1966 (Application No. 66076) be amended to permit the operation of the beauty shop special home occupation at 6325 Osseo Road until November 14, 1969. Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg that special use rmission granted b the Council on March 6, 1967 (Application No. 67007) Pe Y be amended to permit the rental of trailers on the property at 6044 Osseo Road until March 6, 1970. Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg that the special use permission granted by the Council on May 16, 1966 (Application No. 66031) be amended to permit the continued use of a metal building for a newspaper pick -up station on the property at 6830 Osseo Road until May 16, 1970. Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. tilotiion by Earl - Rydberg and seconded by Theodore Willard that the speci3 use permission granted by the Council on July 6, 1965 (Application No. 65045) be amended to permit tne.,operation of the beauty shop special home occupation at 6200 Osseo Road until July 6, 1971. Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 9:13 P. M. and resumed at 9 :42 P. M. Mayor Cohen returned to the meeting at 9 :40 P. M. and reassumed the chair following the recess. The Council next considered Application No. 68006 submitted by Lowry Realty requesting rezoning. The City Manager reviewed the application for the Council. Larry Severson representing Mobil Oil Co. and Charles West represent - ing the P. D. Q. Co. discussed the application with the Council on behalf of Lowry Realty and exhibited plans for a portion of the property for the Council and those present. Residents of the area also commented on the proposed rezoning. Motion by Howard Heck and seconded by Theodore Willard to close the public hearing. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council then reviewed the application at length with member Theodorc Willard reviewing and discussing the comprehensive plan projections for the arer in question. -6- T 167 Motion by Theodore Willard and seconded by Howard Heck to direct the staff to prepare a resolution denying Application No. 68006 and setting forth the findings of the Council. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 11 :10 P. M. and resumed at 11 :20 P. M. The Council next considered Application No. 68017 which was tabled earlier in the meeting. Motion by Theodore Willard and seconded by Howard Heck to deny Application No. 68017 inasmuch as the subject property was zoned to the C1 classification which will accomodate the use desired by the applicant. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Application No. 68028. The City Manager reviewed the application for the Council. The Council discussed the application and its relevance to the long range planning concepts of the area. Motion by Earl Rydberg and seconded by Howard Heck to deny Application No. 68020 in that the requested rezoning would not be consistent with the long range comprehensive plan concept of this area as a commercial rather than residential area. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager then discussed with the Council his and the Public Works Director's negotiations towards purchasing a lot located on the northeast corner of 65th and Bryant Avenue North for the City. Motion by Theodore Willard and seconded by Howard Heck to authorize the City Manager to purchase the vacant lot located at the northeast corner of Bryant and 65th Avenue North and to authorize the Mayor and City Manager to execute the purchase agreement for said lot. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Rydberg to authorize the City Manager to purchase six to eight inch diameter ash trees for the City at $150.00 each to a maximum of $2,250 with the funds to be provided by the Park and Recreation Department budget if possible, but if not, the funds shall be transferred from the Council's contingency fund. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council and staff discussed Application No. 68018, The City Manager related that he had been contacted by Steve Wooley, Assistant City Manager of Hopkins, in regard to a bill he was preparing to have introduced to the legislature concerning the 6 month waiting period for disposing of unclaimed vehicles. The bill as written would allow municipalities to dispose of unclaimed vehicles with greater ease. The Council discussed the proposal and directed the City Manager to prepare a resolution endorsing the proposed legislation. Motion by Howard Heck and seconded by Earl Rydberg that the meeting be adjourned. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 12 :08 A. M. Clerk 54Mayor -7-