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HomeMy WebLinkAbout1968 08-12 CCM Regular Session 227 Minutes of the Proceedings of the City Council of the City of Brooklyn Ce ter In the County of Hennepin and State of Minnesota August 12, 1968 The City Council met in regular session and was called to order by Mayor Pro-tem Howard Heck at 7 :38 P. M. Roll Call: John Leary (arrived at 7 :48 P. M.), Earl Rydberg, Howard Heck and Theodore Willard. Also present were: D.G. Poss, Paul Holmlund, Charles VanEeckhout, Richard Schieffer, Jerry Dulgar and Thomas O' Hehir. Motion by Earl Rydberg and seconded by Theodore Willard to approve the minutes of the August 5, 1968 meeting as submitted. 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 to approve the minutes of the August 8, 1968 meeting as submitted. Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against werel none. Motion carried unanimously. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -190 RESOLUTION REINSTATING SPECIAL ASSESSMENT TO HENNEPIN COUNTY TAX ROLLS FOR SANITARY SEWER AND STORM SEWER ON LOT 7, BLOCK 1, AND LOT S BLOCK 2, LUNDGREN 3rd ADDITION, PLAT 89559, PARCELS 3500 AND 6000; AND LOT 19, PARCEL 2210, AUD. SUB # 309, PLAT 89104 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following vote( in favor thereof: Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declarec duly passed and adopted. The Council next considered Application No. 68007 submitted by Sign- crafters for the Phillips Oil Station at 6850 Osseo Road requesting a variance for a freestanding sign. The City Manager reviewed the application for the Council. Motion by Theodore Willard and seconded by Earl Rydberg to deny Applicc tion No. 68007, Voting in favor were: Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Application No. 68011 submitted by Howard Olson for Shell Oil Company at 69th and Humboldt Avenue North requesting a special use permit for the rental of trailers from the station, The City Manager reviewed the application for the Council. Motion by John Leary and seconded by Theodore Willard that Application No, 68011 be denied inasmuch as the rental of trucks from the service station property would tend to be detrimental to the adjacent properties, and the appli- cant has repeatedly failed to appear before the Planning Commission and Counct to explain and justify the request. Voting in favor were: John Leary, Earl Rydbe Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager discussed with the Council the North Star Research Development Institute police radio survey and system design for Hennepin County and its component muncipalities. The City Manager said that after reviewing the proposal and the implementation and financing plan, it was his recommendation the City participate in the area -wide police radio network -1- l 225 Member Earl Rydberg introduced the following resolution and moved Its adoption RESOLUTION NO. 68 -191 RESOLUTION REGARDING PARTICIPATION IN EXPANDED POLICE COMMUNICATIONS SYSTEM 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. The Council next discussed a draft Christmas tree sales ordinance and requested that the City Manager prepare such an ordinance for introduction at a future meeting of the Council. The Council next reviewed a memorandum from the Director ct Public Works regarding a water assessment policy for Brooklyn Center properties which are connected to the Minneapolis water system. Motion by Theodore Willard and seconded by John Leary that since such Brooklyn Center properties derive certain benefits from the existence of the Brooklyn Center water system, including better fire protection, fire insurance rates and a more extensive balanced tax base, the following policy shall prevail: Brooklyn Center properties connected to the Minneapolis water system shall be assessed the cost difference between the Minneapolis hook -up charge and the Brooklyn Center assessment rate which prevails when a Brooklyn Center lateral water main is made available to a respective property. Voting in favor were: John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member John Leary introduced the foilowi ng resolution and moved its adoption: RESOLUTION NO. 68 -192 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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 wa s declared duly passed and adopted. The City Manager and the Council then discussed the ordinance amending Chapter 35 which had received its first reading on July 8, 1968, The City Manager reported that the Planning Commission recommended that Section 3 of the proposed ordinance be deleted to allow for further study by the Commission. It was determined that Section 3 was necessary at this time to clarify an ambiguity in the present ordinance. Member Theodore Willard introduced the following ordinance and moved its adoption: ORDINANCE NO. 68 -12 AN ORDINANCE A�NG CHAPTER 35 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -320. C1 SERVICE/OFFICE DISTRICT, 1. Permitted uses, preamble is hereby amended to read as follows: -2- r 223 The following service/office uses are permitted in the C1 district Erojdded that the height of each establishment or building shall not exceed (two stories:) three stories, or in the event that a basement is proposed, three stories plus basement: Section 2: Section 35 -400, TABLE OF MINIMUM DISTRICT REQUIRE- . MENTS, footnote (3), is hereby amended to read as follows Garages must be set back at least 3 feet from an interior side lot line (.) the setback distance shall be measured from the exterior wall of the building, and no_ part of any roof cornice or_any appendage to the structure shall project more than 1 foot into the minimum side yard setback. Interior side yard set - back requirements may be waived in commercial and industrial districts where abutting commercial and industrial property owners wish to abut along a common wall built along the property line. Section 3: Section 35 -711. PARKING LOT SCREENING is hereby amended to read as follows: All open off -street parking areas having more than 6 parking spaces and all off - street loading and unloading spaces shall be effectively screened from any abutting residential lots by a solid wall or opaque fence 6 feet high, or by such other device as may be approved by the City Council. The screening device shall not extend within 10 feet of any street right -of -way. (Off -street parking areas within any yard which abuts a street shall be screened from street view by a screening device as approved by the City Council.) Such off - street parking and loading areas within any yard which abuts along - a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the City Council. See Section 35 -400 for limitation on the size_ of such screening devices. Section 4: Section 35 -1140. MULTIPLE FAMILY RESIDENCE DISTRICT (R -5) is hereby amended by the addition of the following: Lot 1, Block 1, Twin Lake North Addition That part of Lot 18 and 19,, Auditor's Subdivision No. 216 lying north of County Road No. 10 (Bass Lake Road) which is not inc_ luded within the plat of Twin Lake North Addition. The south 1/5 of the east 1/2 of Lot 1, Mendenhall's Outlots. Outlots A and B, Wiensch First Addition. Section 5: Section 35 -1220, PUBLIC OPEN SPACE DISTRICT (0-1), is hereby amended by the addition of the following: That part of Lots 31 and 32, Auditor's Subdivision No. .218 1Mina south of Twin Cities Interchange Park Addition, west of Shingle Creek Parkway, north of County Road No. 10, and east of County Ditch No. 13 (Shingle Creek). That part of Outlot 1, Twin Cities Interchange Park Addition, lying westerly of a line described as follows: Commencing at a point in the north line of the northeast 1/4 of the northwest 1/4 of Section 2 lying 200 feet east of the northwest corner of said northeast 1/4 of the northwest 1/4 of Section 2; thence southerly to a point 200 feet south of the north line of Section 2, and 170.08 feet east of the west line of Outlot 1 (said west line of Outlot 1 also being the most westerly line of Lot 62, Auditor's Subdivision No. 218); thence southerly parallel to, and 170.08 feet from the west line of Outlot 1 to its intersection with the south line of said Outlot 1 and there terminating. -3- r -- 221 Section 6: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 12th day of August. The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary, and upon v9te 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 ordinance was declared duly passed and adopted. Motion by Earl Rydberg and seconded by John Leary to request the Planning Commission to continue to study the provisions of Section 3 of the ordinance amending Chapter 35 and make a recommendation to the Council if so deemed appropriate. Voting in favor were: John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Councilman Theodore Willard left the meeting at 8 :35 P.M. The Council then discussed the proposal for changing the name of Osseo Road as petitioned by Osseo Road businessmen. After a thorough discussion of the matter, the Council indicated a willingness to favorably consider a change in the name of Osseo Road, but further indicated opposition to the name "Brooklyn Key Way" suggested by the petitioners. The meeting recessed at 8 :45 P. M. and resumed at 9 :07 P. M. Councilman Theodore Willard returned to the meeting at 9 :07 P. M. The City Manager presented a series of drawings illustrating the plans for Palmer Lake Park to the Council and discussed the plans as they had been presented to him by Brauer and Associates. The Council discussed the plans for the park and the work done by Brauer and Associates with the City Manager and the staff. The Council next discussed a letter received from Councilman Robert MacGregor of Minneapolis urging adoption of a gun control ordinance similiar to the one adopted by Minneapolis. The City Manager and Council then reviewed a draft of an emergency interim sign ordinance amending Chapter 35 of the City ordinances. Member John Leary introduced the following ordinance and moved its adoption: ORDINANCE NO. 68 -13 AN EMERGENCY ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: PREAMBLE. WHEREAS, prior to June 23, 1968, Chapter 35 of the City Ordinances provided regulations concerning signery in the various land use districts in the City; and WHEREAS, on June 23, 1968, Chapter 35 of the City Ordinances was amended in such a manner as to eliminate regulations concerning signery; and WHEREAS, the resulting absence of regulations concerning signery in Brooklyn Center is deemed to be adverse to the public welfare and it is there€cre necessary to declare this ordinance an emergency ordinance and adopt it under procedures set forth in Section 3.06 of the City Charter. -4- Section 2: Chapter 35 of the City Ordinances is hereby amended by the addition thereto of the following: Section 35 -1240. SIGN REG UTLONS. With the exception of suns which legally existed ,prior to June 23, 1968, it shall be unlawful for any person, firm or corporation to erect, place or maintain Any freestanding business sign or cause or permit the same to be done without the express approval of the City Council. Whoever does any act or omits to do any act which thereby constitutes a breach of this ordinance shall upon conviction thereof by lawful authority, be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment not to exceed ninety (90) days Section 3. This ordinance shall be become effective upon adoption. Adopted this 12th day of August, 1968. The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Motion by Earl Rydberg and seconded by john Leary that the meeting be adjourned. Voting in favor were: john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 11:20 P. M. s Clerk Mayor -5-