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HomeMy WebLinkAbout1968 10-14 CCM Regular Session 29, Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota October 14, 1968 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :33 P. M. Roll Call: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard (arrived at 8 :03 P.M.). Also present were: D. G. Poss, Paul Holmlund, Charles Van Eeckhout, Richard Schieffer, Jean Murphey and Jerry Dulgar. Pastor Amos LeVang of the Brooklyn Center Assemblies of God Church offered the invocation. Motion by Earl Rydberg and seconded by Howard Heck to approve the �., minutes of the October 7, 1968 meeting as submitted. Voting in favor were: C t Philip Cohen, John Leary, Earl Rydberg and Howard Heck. Voting against were: none. Motion carried unanimously. V U Mr. William Arrell representing the Citizens' Committee for Better Government, then appeared before the Council and stated that the Citizens' Committee for Better Government at its quarterly meeting had adopted a resolution supporting the municipal bond issue which will be voted on November S, 1968. Motion by Howard Heck and seconded by John Leary to acknowledge receipt of the resolution from the Citizens' Committee for Better Government. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Howard Heck. Voting against were: none. Motion carried unanimously. Mayor Cohen then thanked Mir. Arrell for his appearance before the Council and the support of the Citizens' Committee for Better Government and noted that the Citizens' Committee was the first civic group in Brooklyn Center to support the bond issue. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -242 RESOLUTION DIRECTING THE DISBURSEMENT OF CASH ESCROW FOR GEORGE'S TERRACE 2ND ADDITION 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, John Leary, Earl Rydberg and Howard Heck; 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 -243 RESOLUTION DIRECTING THE DISBURSEMENT OF CASH ESCROW FOR GEORGE'S TERRACE 3RD ADDITION 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, Earl Rydberg and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -244 RESOLUTION DIRECTING THE DISBURSE MENT OF CASH ESCROW FOR NORTHTOWN PLAZA 2ND ApDITION 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, Earl Rydberg and Howard Heck; 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 -245 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by U member Howard Heck, and upon vote being taken thereon, the following voted U in favor thereof: Philip Cohen, john Leary, Earl Rydberg and Howard Heck; 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 LUTION NO. 68 246 RE, SOLUTION AUTHORISING THE ESTABLISHMENT OF A CAPITAL PROTECTS FUND 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, john Leary, Earl Rydberg and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Earl Rydberg and seconded by Howard Heck to authorize the Mayor and City Manager to execute a rental,/purchase contract with Trestman Music Company for the use of and eventual acquisition of musical instruments for the civic, band. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg and Howard 'Heck. Voting against were: none;, Motion carried unanimously. Motion by john Leary and seconded by Howard Heck to authorize the disposal, by burning if necessary, of City -owned houses at 803 55th Avenue North and 65 : th and Bryant Avenue North. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Howard Heck. Voting against were: none. Motion carried unanimously. Member Howard Heck introduced the following ordinance and moved its adoption: ORDINANCE NO. 68 -17 AN EMERGENCY ORDINANCE AMENDING CHAPTER 35 OF THE CITY' ORDINANCES THE CITY COUNCIL OF THE QTY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: PREAMBLE. -2- 2 �. WHEREAS, prior to June 23, 1968, Chapter 35 of the City Ordinances provided regulations concerning signery in the various land use cstricts 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 therefore necessary to declare this ordinance an emergency ordinance and adopt it under procedures set forth in Section 3.06 of the City Charter. Section 2 Chapter 35 of the City Ordinances is hereby amended by the addition thereto of the following: Section 35 -1240. SIGN REGULATIONS, With the exception of signs 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 Citv Council. Whoever does any act or omits to do any act which thereby constitutes a breach of this ordinance shall upon con - to viction thereof by lawful authority, be punished by a fine not to exceed one C:3 hundred dollars ($100.00) or by impri sonment not to exceed ninety (90) days Section 3. This ordinance shall become effective upon adoption. Adopted this 14th day of October, 1968 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, Earl Rydberg and Howard Heck; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Earl Rydberg and seconded by Howard Heck to approve the following licenses: Cigarette License Brookdale Mobil Service 5710 Xerxes Avenue North Gasoline Service Station License Brookdale Mobil Service 5710 Xerxes Avenue North Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Howard Heck. Voting against were: none. Motion carried unanimously. The Council next considered Application No. 68057 submitted by Brooklyn Center Assemblies of God Church requesting site and building plan approval. The City Manager reviewed the application for the Council. Pastor Amos LeVang representing the church discussed the application with the Council. Motion by John Leary and seconded by Theodore Willard to approve Application No. 68057 with the following conditions and stipulations: 1. Utility and drainage plans are subject to approval by the City Engineer; 2, Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A performance bond and agreement (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements shown on the approved plans. -3- 2e Voting in favor were: Philip ohen John Lea Earl Rydberg, Howard Heck P . J Leary,, Y �, and Theodore Willard. Voting against were: none. Motion carried unanimously, The Council T C ncil next considered App lication No 68052 submitted PP by Embretson and Woody Construction Company requesting rezoning of property located at 69th and Humboldt Avenue North. The City Manager reviewed the application for the Council. Mr. Stanley Sopcyzk representing Embretson and Woody Construction Company discussed the application with the Council. Motion by Howard Heck and seconded by John Leary to deny Application No. 68052. 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 Application No. 68053 submitted by Strand Construction Company for Roger Humble requesting a variance from the 35 foot set -back requirement of the City Ordinances. The City Manager reviewed the application for the Council. Mr. Humble discussed the application with the Council. Motion by John Leary and seconded by Earl Rydberg to approve Application No. 68053 to build a garage with a 30 foot set -back with the compelling reason being that the garage at 5807 June Avenue North has a 32 foot set -back, the garage at 5813 June Avenue North has a 30 foot set -back and the garage at 5819 June Avenue North has a 30 foot set -back. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, and Howard Heck. Voting against were: Theodore Willard. Motion carried. Motion by Howard Heck and seconded by Theodore Willard to request the Planning Commission to submit a report regarding set -back revisions as referred to in the Commission's October 3, 1968 minutes. 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 Application No. 68055 submitted by Chrysler Realty Corporation requesting site and building plan approval and special use permission. The City Manager described the site for the Council. Motion by Theodore Willard and seconded by Earl Rydberg to table Application No. 68055 until October 28, 1968 and to direct the staff to notify all property owners within 150 feet of the subject property of the public hearing on the plan approval and special use permission. 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 Application No. 68056 submitted by Mr. Joseph Kennedy requesting a variance. The City Manager reviewed the applica - tion for the Council. Mr. Joseph Kennedy, the applicant, discussed the applica- tion with the Council. Motion by John Leary and seconded by Theodore Willard to approve the variance requested in Application No. 68056 and to allow Mr. Kennedy to sub - divide his property at 5447 Bryant Avenue North into two substandard lots which are to be 64 feet wide and 135 feet deep. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously, Mayor Cohen left the meeting at 9:57 P. M. and Mayor Pro -tem Howard Heck assumed the chair. The Council next considered Application Nos. 66030 and 68058 submitted by Superamerica Stations, Inc. regarding special use permission and approval of site and building plans respectively. The City Manager reviewed the applications for the Council. Councilman Willard then read a statement in reference to the application and requested that the statement be included in the minutes. -4- 8 The statement read as follows: This Council is now in the unhappy situation of having been ordered by a court of the land to permit the operation of a Superamerica business which our collective experience and accumulated testimony assures us will take value from the owners of surrounding residential properties without providing them with compensation for that loss in value. Yet the court said that this fact has no bearing on the case. The Council determined that the proposed use by Super- america would constitute a hazard to citizens of our community. Yet the court called us arbitrary, unreasonable and discriminatory. The Council determined that years of experience with our parking regulation: demonstrated their validity. Yet the court called them unreasonable and excessive. The Council, after analysis of the district court's findings, determined that the law being formulated by these decisions were, in their opinion, unfair and not carefully derived. Therefore, we ordered an appeal. However, the legal firm retained by the City to conduct the appeal advised against it. Thus, our situation is this: a court of the land has declared the rights of the holders of a few pieces of private property to be subordinate to the right c++ of one property holder; that right of a municipality to orderly control its de- M velopment to prevent deterioration of the value of residential property to be sub- ordinate to a developer's right to make a bigger profit. It is this reliance on the privilege of private property over human values that I abhor. It is this un- balance between the power of money and the weight of law it can impose that I object to. I believe that judicial attitudes are changing in the United States Supreme Court, but this change in attitude is yet to be observed in the antiquated court structure of the land. Because of these lopsided values, then, I will never be a party to a motion that puts into effect a court order such as this one. Mr. Hogenson and Mr. Hamren, representing the applicant, were present and discussed the application with the Council. Motion by John Leary and seconded by Earl Rydberg that special use per - mission be granted to Superamerica Stations, Inc. as requested in Application No. 66030 (amended) for the property at 5657 Logan Avenue North, taking due cog - nizance of the reasoning of the District Court in the case of "Donald Mason, et. al. vs. the City of Brooklyn Center ". Voting in favor were: John Leary, Earl Rydberg and Howard Heck. Voting against were: Theodore Willard. Motion carried. Motion by John Leary and seconded by Earl Rydberg to approve Application No. 68058 with the following conditions and stipulations: 1. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee installation and initial maintenance of the site details contained in the approved plans; 2. A utilities and drainage plan shall be submitted to and approved by the City Engineer; 3. The building plans are subject to the Building inspector's approval with respect to applicable building codes; 4. A 5 foot high basket -weave fence along the south property line shall be revised to be 6 feet in height and the fence shall extend to a point 10 feet distant from the Logan Avenue right -of -way line rather than 15 feet as shown on the plans; S. Additional deciduous and evergreen trees shall be provided along the south and east sides of the property in the manner shown in the site plan as altered by the Commission, 6. This approval does not apply to any signs proposed for the property; said signs to be subject to the provisions of the forthcoming sign ordinance; 7. The light lag Arlan is approved with concurrence of the applicant that the height of the light fixtures on the driveway entrances shall not exceed the height of the front parapet of the building and the gasoline pump lighting fixtures shall not exceed 15 feet in height. -5- Voting in favor were: John Leary, Earl Rydberg and Howard Heck. Voting against were: Theodore Willard. Motion carried. The meeting recessed at 10 :40 P.M. and resumed at 10 :58 P.M. Councilman Willard left the meeting at 10 :40 P. M. The Council next considered Application No. 68048 submitted by Darrell Farr requesting approval of site and building plans. This application was pre- viously heard by the Council on September 9, 1968, at which time the site and building plans were approved, but the rear lot line screening was not approved pending review of berm screening by the Council. Motion by John Leary and seconded by Earl Rydberg that in regard to A cation No. 68048 the rear lot line screening shall consist of a 6 foot opaque fie. Voting in favor were: John Leary, Earl Rydberg and Howard Heck. Voting against were: none. Motion carried unanimously. Mayor Cohen returned to the meeting at 11 :07 P.M. and resumed the chair. The City Manager and the Council then discussed a request from the M Hennepin County Municipal Court System that it be allowed to hold the Brooklyn Center court sessions in the Crystal City court facilities for purposes of increased efficiency. The City Manager stated that it was his recommendation that this be tried for a period of time, but that written guidelines be set up and agreed to. The Council concurred with the City Manager's recommendation that the transfer of court to Crystal be tried on a tentative basis. The City Manager then recommended that Lester Nielsen of the Public Utilities Department be reclassified from a laborer to a light equipment operator. Motion by Howard Heck and seconded by Earl Rydberg to authorize the City Manager to reclassify Lester Nielsen from the position of laborer to that of light equipment operator effective October 21, 1968. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg and Howard Heck. Voting against were: none. Motion carried unanimously. The Council then reviewed the proposed sign ordinance draft. Motion by Howard Heck and seconded by Earl Rydberg to adjourn the meeting Voting in favor were; Philip Cohen, John Leary, Earl Rydberg and Howard Heck. Voting against were: none. Motion carried unanimously. The Council meeting adjourned at 12:20 A. M. Clerk Mayor -6-