HomeMy WebLinkAbout1975 09-08 CCP Regular Session AGENDA
City Council of Brooklyn Center
` September 8, 1975
City Hall
1. Call to Order - 7:30 p. m.
2 Roll Call
3 0 Invocation
t r
4. Approval of Minutes ® August 18, 1975
i 5 ® Presentation of 1975 'Budget
6® Final Plat Approval
7; Declare, Surplus Property
8. Resolutions:
s ® Authorizing Issuance of Temporary Improvement Dotes (.dam - 4
b, Declaring Appreciation for Service (3)
c. Authorizing Purchase of Color Film Processing Equipment
Gk d c Accepting Work for Improvement Project No. 1974'9
0 eo Accepting Mork for Improvement Projects Comprehended by Contract 197$ -F
f Directing Final Payment for Contract 1973 -F
9. Establishing Improvement Project No, 1975 -6
by Authorizing, Mayor and City Manager to Execute Agreement
1. Outlining Disposition of Planning Commission Application No. 7SO12
f j Outlining Disposition of Planning Commission Application No, 75018
k. Confirming Special Assessments
°9e Special Assessment Hearing (8:00 p.m.)
1Q ® Planning Commission Items (8:45 p.m.):
e. Application No. 75030 submitted by Steve Nelsen
' b. Application No, 75031 submitted by Cross of Glory Lutheran Church
. 11.? Ordinances:
a. Amending Chapter 1
L2, Discussion Items:
a . A partment Licenses
130 Licenses �
I -'
14 ® Adjournment
f;
{e t
CITY MANAGER'S COMMENTS
Item 5
Presentation of 1976 Budget
�
The City Charter requires the City Manager to present his anwa bkWgVt
at the first regular monthly meeting of the Council in September, and
provides for adjourned meetings from time to time until the budget has
been deliberated and adopted. Budget deliberations cons.tute a public'
.r
hearing
v,
Disposition ;
Item 6
Final Piet Approval m
r
V1t'+e will be prepared Monday evening to recommend final approval of the
plat for the ]Fred Nelson Addition located at 6816 Lyndale Avenue."
Disposition
k
ftem 7
Declare Surplus Property
It is recommended that the City Council declare an obsolete
01
megaphone and an obsolete foosball table as surplus equlpmoftAq be
j
disposed of at the City auction on September 20, °191
Disposition ;
Item 8aa
Authorizing Issuance of Temporary Improvement Notes
The attached resolution is recommended for the purpose of authoftia
temporary improvement notes to provide interim financitV for public
improvement projects approved by the City Council.,
~K"
Disposition
Item 8b
Declaring Appreciati for Service (3)
The attached resolutions are presented in response to City Council
direction for the purpose of expressing appreciation for public service.
Disposition
CITY MANAGER'S COMMENTS
Page 2
Item 8c Authorizing Purchase of Color Films Processing Equipment
' The attached resolution is recommended .for the Wposw of autborft
R. the purchase of color film processing equipment for whitab $1,491 was
x
appropriated in the 1975 budget.
s
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Disposition
" .. Item 8d Accepting Work for Improvement Project 90,0 1914
The attached resolution is recommended for the purpose of accepting
' work related to .storm sewer Installation in Earle Brown D
#v6,. ,
Disposition
}
' Item 8e Accepting Work for Improvement Projects Co�riprehended -by Co t: 19- -F
Thq attached resolution is recommended for the purpose of accepts :,
work for various sidewalk projects comprehended its Contract 1978 -F.
D i sposition
v
Item '8f Directing final Payment for Contract 1978 -F
The attached resolution is recommended for the purpose of authmUlng
the final payment related to Contrast 1973 -F to the HemepUtCOunty.
District Court for distribution to claimants againstAhe contr air.
The Director of Public Works will be prepared to furritsh any necessary
f _
c larifications not contained in th resoluti
n
Disposition
e � Item 8g= Establishing Improvement Project No. 1975 -6
The attached resolution is recommended for the purpose of establishim-
a storm sewer
project to resolve a draiAage gem in ]Fair ldows
Second Addition. The Director - of Public Works will be prepared to
explain .the background related to this proposal and the aitetnatives
..,r for resolution.
Disposition
7 7
�. ,
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CMI' T_tMNfiGEP'S COMMENTS
Page 8
Item 8h Authorizing , Mayor and City Manager to Execute -Agreement
The attached resolution is recommended for the purpose of authorizing
execution of, an agreement with Hennepin County w-herein certain •°
„. ditions are agreed to as a condition of Federal furAing for traffic
signals on County Read 10 at Northway Drive and, at Logan Avenue
North. The Director of Public Works will be prepared to furor
elaborate Monday evening.
Disposition
CrTY MANAGER'S GC31ildMENTS
Wage 4
A Item 11a Amending Chapter l
The attached ordinance amending Chapter i was first read on
August i8 m 1975, published on August 28, 1975, and is offered
this evening for second reading and adoption.
Disposition
a:.
Item 12a Apartment Licensee
The Director of Planning and Inspection will be prepared Monday
evening to report to the Council on the latest round of apartment
licenses being recommended for , approval.
Disposition....,
E ,
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a
Member introduced the following resolution;
and moved its adoption:
RESOLUTION NO.,
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION ?
. FOR THE DEDICATED PUBLIC SERVICE OF MR. ROBERT HARVEY
,
WHEREAS; Mr. Robert Harvey served as a member'. of the Brooklyn.: �r!'
Center Bicentennial Commission from January, 1975, through
August, 1975; and
i WHEREAS his devotion to the _tasks and responsibilities of
k ' this Commission contributed substantially to the sound progress`
and - development of`the City; and
.,_
r WHEREAS, his public service and civic effort for the better
ment of the community merit the gratitude of the citizens .oaf. Brooklyn =
F ,
Center:
k NOW, THEREFORE, ,BE IT RESOLVED by the City Council of the
L of Brooklyn Center that:
The dedicated public service of Mr. Robert Harvey as .. �`
a member of the Brooklyn Center Bicentennial Commission
and citizen is recognized and appreciated by the City
of Brooklyn Center.
�y t�
t7
i
3k�. ai
�:. Date Mayor
yL
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof: #
h ' and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.? ,x
ya
t y _
yi
Membe r introduced the following rests. ut..tr-
and
moved its adoption:
CL4mer NO
.= RESOLMON ZXPRESSZW PZCOMITION OF AND APPRECIATION FOR
13
.r
PJW, Jr. James Brehny served as a member of the Park
Re creation Ccwmission from March, 1974, through August. 1975,
WHEIM his devotion to the tasks &S14 responsibilities of
` i issi contributed eubstatztially to the sound progress'
and dwmlasn of the City; and
WUNIMAS, his public service and civic effort for the better
sent of the a unity me rit the gratitude of the eit hens of
Stooldys Center:
.,
T=RZFOU, H1 IT RE$oLVSD by the City Council of the City
of ar lyn Cutter that
The dedicated public service of Mr. .dames Srenny as.
a member of the Parr and Recreation Ceass sa,on and
citiman is recognized a p W ciatsd by tho City
of smoklyn Cente
Date mayor
A T%
Clerk
7tlaa mo tion for the adoPti of the foregoing resoluti ®t� was i�a�ty
coed *d by member and ,upon vote be i t taken #`
ther9on the following voted in 'favor thereof x
and the following voted against the same
Wo 'rsu said resolutio , was declared duly ssed��an l adOPt d ..
Fs -
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION
FOR THE DEDICATED PUBLIC SERVICE OF MRS. SHIRLEY KOESTLER
WHEREAS, Mrs. Shirley Koestler served as a member of the
Brooklyn Center Bicentennial Commission from January, 1975 through
August, 1975; and
WHEREAS, her devotion to the tasks and responsibilities of
this Commission contributed substantially to the sound progress
and development of the City; and
WHEREAS, her public service and civic effort for the better-
ment of the community merit the gratitude of the citizens of Brooklyn
Center:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that:
t
` The dedicated public service of Mrs. Shirley Koestler
as a member of the Brooklyn Center Bicentennial Com-
mission and citizen is recognized and appreciated by
the City of Brooklyn Center.
Date Mayor
ATTEST
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:;
�-° whereupon said resolution was declared duly passed and 'adopted.
f
gC >y
fi ?
Member Intleduced the . following 1
rsnved its ad t o Cie;
ReSOLUTION NO
a
R' OL AV=ORMMG TRZ PVRCW4t OF PROM
WHEPIU, Section 5 :05 of the City Charter of the City Of YS COMW
*0 CUI
dons require that the City rapt first obtain the approval Of
Council prior to or 1 contracts p f
materials or equipment, Or any kind of constmaCtiOn work wfien the amo
such contract exceeds one thousand nd dollars ($ 1,000) but is lose than y
s five hundred dollars ($2,500 )t and
WHERLAS, the City Manager has obtained quotations on the purchase
of photo color processing equipment and lass determined thatthe Quotation of
Treck PhotoGraphic, Inc in the amount of $1,500 is the hest quotation
submitted:
NOW, THMWM 52 IT MOVED C C U Of dW CMF 09
4 Brooklyn Center that than Cy MaMer be authorized to ccmtmct ftr 00
purchase of photo color processing equipment in the amount Of 41, X00 bon
Treck PhotoGraphic Inc.
cv,
Date Mayor
ATTES J1 `s
Clerk
at.
r .
' µ The motion for, the ado of the fdregoing resolution was duly s
> mam ber and upon taken thwoft the
following, voted in favor thereof:
and the following voted against the sate:
whereupon said resolution was declared duly passed and adopted.
1 i
s.
y K
S
l
remolutico
Rembe introduced the fo
ZY
s
ME
Date Mayor
,u^
ATTEST;
Clerk
she m otion for the adoption of the forego ing resolution yeas 'duly
{ and upon vote being taken
ze..e.v..cied by member
hereon, the following voted in favor`thereofa
and the following ed Wainst t3w Games j
£ ` hare�apcn said resolution was declared duly passed and sdciptsd.
REMOTION !IoM,.,..,.;.....,..,
�
F
RRMLM CCp U ,±• WORK
`yT 0000
S o Pursuant to • a Written fact t M
`
city of Brooklyn t4s. Iti�waoola. M �r it+es
has satisfactorily the foi is ilk'
ance with said contracts
Storm S' r Imp rovement J . 1974.9 (Cbi�a►tt
Proposed Earle ar Drina frM approximately 900 feet
northeasterly of Summit Drive 'forth, to approximately
2,000 feet northeasterly o it Drive North.
u .
MOW, TRERfFORB, BE IT Rl'.BOLVgU by the City Council of th+1►
�,..
City of Brooklyn Center
1, The work completed under said contract is hereby
:.
,
accepted and approved.
A
2. The value of tuft pasted is lose tit tlr lstsi
contract a}%ount by $16.75 because of a general overestimation Of
plan quantities.
3. It is'heseby directed that final POYMMU b* an
,.
said contra talking the Contractor's receipt in lull. "Is total
"
amount to be paid for said contract for said improvement Project
s hall be $5,222.55.
s
ME
Date Mayor
,u^
ATTEST;
Clerk
she m otion for the adoption of the forego ing resolution yeas 'duly
{ and upon vote being taken
ze..e.v..cied by member
hereon, the following voted in favor`thereofa
and the following ed Wainst t3w Games j
£ ` hare�apcn said resolution was declared duly passed and sdciptsd.
,
Member introduced the following resc lutirnOt
or ,
and moved its adoptions
w
RMLUTIOH so
PJW WTIOR ACCSP'tm 1dk>n
tC0�1T�►CT=D By C�[�'�l'
MHEMS, Pursuant to • Written eomtract ° ei �riilah t'!le
C ity o f or* ok lyn Center Maneseta , M4684M ` i l COMIAt
Contra following
Contractors, Inc., has satisfactorily completed the
improvement in ; accordance with said contract:
4
Sidewalk Improvement Contract No 1973 -F
NOW, TEYEREIORB, BE IT EVOLVED by the City Cvw"il of the
v.. City of Brooklyn Center
1. The work completed under said contract is hereby
accepted and approved. x:
,.
2 The value of work performed is loss than the or*gimsl
contract amount by $9,528.33 because:
s* a. On September 10, 1973, the City Council deleted
portions, of the following projects
.r: Deleted
°# Pro „!£.t lacstAgn
1973 -24 !'ranee Place frog► Halifax Avenue
to 57th Avenue North
a 1973 -25 France Avenue from 53rd Avenue
to'Eckborg Drive 5,970.88
1973 -29 Beard Avenue from 65th Avenue
to 66th Avenue 2M172.44
. ± TOTAL $l3, 331.28.
b. General underestimation seoaatimg to 66.574.06
� Pro jets Ub: 1972 - 14, 1"3 - 20 1972 - 22, l"343 d 30730
c, General overestimation on Proj loo. 19 73 -21, 1973 -26
1973 -28 and 1973 -30 &mounting to $2,771.13.
3. The various projects included in this ctraet 004' the
'
final cost of each individual project are as follev:
Project No. We ..,..
1972-14 69th Avemn free t he 'fit
corporate limits to shingle
Creed Parkway.
ter.
" . ..
RESOLUTION 140.
Lmiect Bo S P1rM1 Est
1973 - 20 7 2nd AVeMe from Bryant Avenue
to Logan Avenue North. ; 1S
1973 -2 ant Avem from 87th Avenue
t o Tiod Awe woetb
1973 -z2
idt 'Arwsntte tma STO UPOW . . ti
s" to 59t k Avenue? 59th Avenue f wa
Dupont Avenue to Nora Lilac Drive. 6 15
<: 1973 -23 8woboidt hose lrosi, 59th Avenso to
North Lilac Drive. S.062.42
1973 -24 tiortt ort Drive fzM courtly Goad
T .R. �
�< 10 to $ 152 rioe PUCO amt
$ � Prance Avenue fs�at Mali �►vMQlle
to r Drive, 11,,433. 4
1973 - 25 Balffax,fteaae f our Co. Rd. 10
to France Placer 53rd Avemn fx=
France Avenue to T.R. 152; Prance
Avenue from Eckbtrg Drive to
Lakebroese Aven North. $ 24.710.52
1973 -26 55th Avenue !North ` frm Canden
Avenue to Resell Avenue. 6 <16
1973 - June Avenue from Seth avenue to
Avrr� •srth. 6 1S,uM9.3S
C; 1973 -28 France Avenue from 69th Avenue
r to 73rd Avenues North. # 9„9016.90
1973 -29 $earl Ave=* iron 60th Ave, to
63rd Ave.. and 65th Ave. tb 6bth
Aver 60th Ave. from Beard Ave. to
Brooklyn Blvd. 9,435.06
1973 -30 NaUie Ave. five 61st Ave to 63rd
AV*. r 61st Ave: fts ftble A vefte
to Lee Avenue North.
TOTAL AMCWT - ODUTFACT 1973 6174.181.1'
e. It is hereby directed that final payment be made on said
"
contract, taking' the contractor's receipt in.-full Tbe total a at
,. to be paid for said contract for said improvement pvola is *hall be
G �k
$170,781.17.
CIOX
The for the adopt Lon of the
Dim romolutim me duly
seconded by =em&or and upon-vote takes
-thereon, the followlaq voted in favor thereoft
, and the hAlowing votad agabset. the *�j
whereupon said resolution was declared duly passed a" adopted.
� Menber introduced the follo ?reso��ti �
i d mop; ed its a 1p't ion s
RESOLUTIo8' gQ
FX90U1TZ'3 ► DIRECTYBG PAyX T Ta' THE PIS
RI
COURT FOR PIJRL DISPW ITION op 0 Mtt'r
WiMRFAS, Od Octobe 1973, t1w City of
inttc, a Contract with I m u dscn it
Zrc, thaaa+in+afte° re to as raer «I... log. tAa►. q .►
aitr�ous locations Within the City,
*xid contractor posted a par fosls"co by l
$180,30S,50 wwh the S
Insu Y Of
t; 'W:01.7 LaraLtae per forms nce ot. said contract and
P r ' Of,' WdZ-- tcnt ractors , ursuartt to lawl and
¢ 20, 1974, the City r eined notice from s a i 3 surety ttht t tt :e said contractor had not paid, a
sub az A gftsrl&,L aMta, s 'rte
the remaining baZaat(c* of tlse c ,tract price t�tinq to $5� 023
be retained its esic =lW y the ' City of 9100kly oul ter until foilh or
h . notice; and
` Efi. A,S :,iM Lakes Landscaping, a sub f" oa ; -.
contractor, filed a cltaIM in the amount of $7,315.86 with ttbe'
Hennepin County y Dietrich Court against,
gainst the Cd3:9trlilCt+Ctr, hid Nu a ci the City Of E lyn Cantor for PVROUt of rm& iAing ba
du from t°Ys ntrala for work
� perfo t and
WHEREAS, on JL -29Q8t ,15, 1975, they Rennepin County lastrift
Court ordered the Citty of Brooklyn Cantor to
Y over be
of Dis`tric't, Court retai agas L the amount of $ � 569 «Z3 to be
awarded to and
among; the vari.nwQs parties` as their interests
r;
ultimately appear and dismiss with prejudice the clauses of L ino
Lakes Landscaping and all other parties making identical cl aims - 1 11
against` the City;
tiOW, THEREFORE, BE IT RESOLV21D by the City council of . tom
City of Brooklyn Can tor, Minnesota that the City treasurer is
hereby di r ected to pay th t of $5 9 ®23 to "'k of
Hennepin County District Court as final poymortt of Sidevolk
Contract 1973-P.
Date mayor
k
r
Clerk
t
.. .RESOWT'ION
.''.r,. 4
The motion for the adoption of tM fosvqoing resolution "w, dtiy
seconded by member . and upon vie beLft
thereon the f011ovring voted In favov thereof:
and the following voted against the sum
whereupon said vesolution was declared ' duly pose"
f t.
_
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,
w,
d.
vil
Storm saw r northerly for a distance of app
70 feet along the east gutter Lino of Ortbard Avemao
North from a point 91 feet north of the 63rd Avow*
centerlines thence easterly -for ,a distance of apprw-
imately 255. feet overlying utility easements across
Block 2, BorgetromIs Ignaide Manor, and a portion of
Lot 9. Slodt 3, Pair Maeftwe 2nd Addition.
Date Mayor
Member introduced the following reftlxti=�,
and moved its adoptions
Clark
03
111 izm =I
The motion for the adoption of the fore"ing resolution was duty
RMLUTION IMEMBLIORM MbK MMM 130 00 1
PROJWT 90. 197S-6 AND OUNUM P8XFM?= W
WVULMS, a letter dated July 2S 1979s EXON 11►1044 Go
Jorgenson has be" presented to the -city commit
id
atom $war t ftvjeft No. IMS-6r.und'
has Indicaud a will'i to
'04.
pay for one-half (1/2) of the project cost or up to ,,000 00,p
whicbever amount is least and has posted with the City of &r*OUTIft
Center a financial in the amount of ft and
WHEREAS, the City Council demo it necessary to initiate
the above mentioned improvement projeatt
WN, THEIMFORE, BE IT RESOLVZD by the City Council of
the City of Brooklyn Center to direct the City Engineer to
prepare plans and specifications for said improvement projects
described as follows
1975-6 Storm Sawar Imoravement ProUct No. 19T3-6
Storm saw r northerly for a distance of app
70 feet along the east gutter Lino of Ortbard Avemao
North from a point 91 feet north of the 63rd Avow*
centerlines thence easterly -for ,a distance of apprw-
imately 255. feet overlying utility easements across
Block 2, BorgetromIs Ignaide Manor, and a portion of
Lot 9. Slodt 3, Pair Maeftwe 2nd Addition.
Date Mayor
ATTEST:
Clark
The motion for the adoption of the fore"ing resolution was duty
seconded by member and wpm vots beift takes,
thereon, the following voted in faveethereats R.
and the following voted a"Imst the same:
whereupon said resolution me declared ftly passed and afartede
Member introduced the following moolution
and moved it,s adoptlon
RZWUMOX 8D*
RrJOLVTIOW AVMRISUM ZXDCtpnoN Op WM-=C� -
AGMUNUM go. P.W. S82W= Tax CITY or
BROOKLYN CMIM AM =8 COWArr OF XWMMWM MA
BE IT PJWOLVzD' the the City of ftw*17U Cantor as a
condition of the receipt by the County of Iftmepin'of rat
Pede
..unds for the construction, reconstruction or improvement of any
Aid Highway within the City enter into agreement 3b. P.W.
Statc
14-02-75 with the County, a copy of which was before the City
council�
BE IT PUR=Jt RMLVRD that the Mayor and City Manager
be and they hereby are authorized to sKociate said Apillm
1� I for
ard on behalf of the city.
'AhL
Date Mayor
ATTESTi
Clerk
The motion for the adoption of the foregoing resolution was duly
aeconded by member and upon vote beinq-�taken
thereon, the following voted in favor thereofl
and T-ne following voted against the same:
wh'creapon said resolution was declared duly passed and a4opted.
k
e µ
14
Member In troduced the following r"01Ytiaft #d moMrd its
adoption
... RESOLUTION NO.__ -_-__
RESOLUTION RWARDING DIUMMIlm OF !'CANNING
���• OM M§3LQjj A"LIM011 140 nol a •
WHEREAS, PlawUng_Commission Application No. 75012 ryas submiftid by
Taus Inc., on behalf of Daimon - Hudson Properttes, owner.. on Aptil 30, 1f7$,
requesting resoning from Cl -A (Swvice- Office) to 0-2 .(Con mwce) of dW poo
described as part of Tract A, R.L.S. No. 1262 bounded by Comity Road' Mo. 10
Northway Drive, T. H. 152 and York Avenue North, wdended and
3' WHF,aFAS, pursuant to Section 35 -210 of the City Orditupiaoa, the atiosi►
was heard by the Planning Commission at a duly called public hearing an Afty
1975 at which time testimony was taken both for and against the proposals OW
WHEREAS, the application was tabled and referred to the Contful aQd
Advisory Group which submitted to the file a letter dated ,June 24, 1975 recoserapd#riQ
that thi3 C1 - toning not'be changed: and '
WHEREAS, the Planning Commission reconsidered the Appl at ow on June 2i,
fir. ..
197S, takinct additional testimony from the applicant, the owner, and ne
prone.ty owners; and
€ s WHEREAS, the Planning Commission reviewed the provisions of the-
Andft
Comprehensive Plan and the Zoning Ordinance with respect to the Zoe -i
zoning classification of the subject pwperty as being service-office ra Ahm-
retail ir. character and
WHEREAS, Planning -
' .. nis3ng `Coml�isston Resolution. No. ' 75 4 was adopted eb ;
July 10, 1975, recommending to the City Council that the application be dented,
and
. rp
4 ' ' WHEREAS, the City Council considered the applicationt at a daly oat2ed
public hearing, on August 4, 1975 and heard testimony both for and against dw
Pei Ilion,
NOUN, THEREFORE, SE IT RESOLVED, by the City Coaecil ej the CAIP at
Brooklyn Center:
r.
That Planning Commission Application No. 75012 submitted
d Titus, Inc. is hereby denied, noting the following:
F
q..
Y' y
e
a..�tri kt a
-.6
RESOLUTION NO.
I The subJect property 11" 44jecart to a ba"
residential Including the Gordon ciy
area,, consisting of �arlts_l churches schools and sittlal
'fa -A zoning C14281fiCaU40
ndly dwellings, antl the C1
represents a suitable Intermediate land use between the
residential neighborhood and the regional Brookdal*
retail donter. The proposed rezoning would effWUV*IY
eliminate that buffer and wdend the retail commercial
Influence directly into the residential district. Noise,
glare, odor and other retail activities would substantially,
lessen the quality - of life In the residential neighborhood,
reducing its desirability for.sing;e family living.
2. The report of the Planning Connission,, the report at, the,
Central Neighborhood Advisory Group, and analysis by
the City staff load to the conclusion that the proposed
zoning change is not necessary to achieve the highest
and best us* of the property, and In detrimental to the
overall developatent of the City because:
a Notz*, glare, traffic, and general conmercial
W -1
activity in the rosidential area would be
increased.
b. There is substantial avoiJable vacent IOW
zoned C-2 In the City.
There is a demnd for servico-office facilities
C.
In the City as evidenced by the many office
buildings which continue to be buHt in the
vicinity of the subJect parcel.
The proposed rezoning is inconsistent with the Conprehentive
Plan wW Zoning Ordinance in that;
The land in deaMpated kw nowstall sees
such as general office buildings, professional
service buildings,, xodical clift", oft.
I MA., 41"
b. The Comprehens I" Plan prohibits the fartMor
extension of retail shopping uses in-th* am
of Brooklyn Boulevwd except at maJor Mer-
changes such as T.H. 100 and F.A.l. 94.
A
k s
n
1 9
RPSOLUT'ION NO.
C. Y pder to the advent of
the C.omprehe S&V Pima indicate tit
the subJoct parcel has been consistently
designated for nonretall purposes.
Date hiyor
ATTEST:
,:. Cl*rk
The motion for the edoptica of the foregoing resolution Was duly es ecoaded by
member
and upon vote being taken thereon, th® foU
" t voted In favor thereof:
' and the following voted against the same:
whereupon said resolution was declared duly passed and adopted. '
J�
tom. ;
t.
FW
Member introduced the followins.reselution
and moved its adoption:
RESOLUTION NO.
RdipiMION iK&MINd 013MITION Of
A„ . M.AiNtiNd l l�=dStOp MP1 lCAttON NO. nel®
WHEREAS, W. R. Busch, 5837 Brooklyn Boulevard, submitted Planning
Commission lication No. 75018 on June 10 1975 as a t1
� App un petition for a t
variance from Section 35 -111 (Nonconforming Uses), of the City Ordinances
t to Permi construction of an accessory addition to the dwelling at said
premises which is zoned C -1 (Service - Office Commerce) and
WHEREAS, said dwel is a residential nonconforming use of ran-
residential zoned land under the provisions of Section 35 -111 which also ss:
stipulates, in part, that no such nonconforming use of land shall be en-
larged or increased or occupy a greater area of nand than that occupiod.
by such use at , the time o f the adoption the ordinance; and
WHEREAS, pursuant to Section 35 -240 the application was Merl by
the Board of Adjustments and Appeals at a duly called Public Bear=ing on
*` July 10. 1975; and
WHEREAS, the Board of Adjustments and Appeals. upon consideratioh of
the facts; of the applicant's petition and testimony; of the provisions of
the Comprehensive Plan; of the nonconforming use restrictions of Section
35 -111; and of the 'Standards for Variances. of Section 36.240, recoraeWkd3
to the City Council that the application be denied, noting that the r"u"t
was not consistent with the intent of the nonconforming use restrictions
and that the "Standards for Variances' wort not met; and
E WHEREAS, the application was heard by the City Council at a dely.talled
Public hearing on July 21. 1975 and was deferred to permit additional review
of the matter of nonconforming uses; and
WHEREAS the c
City Council reconsidered the application on lust 18,
1975 and submitted to the file reports by the City Attorney and Planning
Di rector
regarding the legal, planning, and zoning foundations of the non-
'� conforming use restrictions and the ramifications of the subject variance"
request; and
WHEREAS. said reports cited, in part, the necessity of nonconforming
use restrictions to promote the highest and best 'uses of land within the
zoning districts bstebtlAad threw the Casrrehasive Plan; the rmifica-
Lions of granting a variance which would constitute a use Variance held
illegal by the courts, and which involved a property whose characteristics
ti `tl were not unique from other properties in the C-1 District; the fact that
the subject promises would.be ineligible for additional accessory structures
if the zoning were reverted to R - 1, due to the dimensions of,the dwelling and
number of existing accessory uses; and possible alternatives to the variance
procedure, including elimination of the nonconforming use restrictions and
rezoning of all nonconforming residential properties in the C - zone to
Y
RESOLUTION 40.
NOW, THEREFORE. BE IT RESMVE0 by the City Council of the City of
Brooklyn Center:
*.
That Planning Commission 4plieation No. 75018 submitted bar V. it
e.
Busch is hereby denied, noting the following.
t
1. The premi constitutes a nonconfoming residential use
of nonresidential toned property as Offned by Soctioa x-111
and is subject to the restrictions of that Section.
A
�
2.. The variance request is not consistent with the intent of the
i
planning principles reflected by the Ordinance (a to elinineto
nonconforming :uses over time; (b) to achiever the highest arnd
...
best land use- (c) to establish the exclusive zoning district as
'
determined by Comprehensive Planning and Zoning.
detriment to other nonconforming properties in the:nei
. ;.
3. The factsand circumstances of the request do not meet .the "Standards
for Variances" of Section 35 -240, in that:
�. ;.
a. There is no identifiable hardsMtp. versus a IIr1!M'e Nor$
{
or design preference, due to the physical: character of the
land.
`� uaxe r
` ATTEST:
The motion for the adoption of the'forWing resolution was duly seconded bOr
membe and upon vote being taken thereon, the following voted
in fa wnr +hAvalnf. .
and the following voted against the some:
whereupon said resolution was declared duly passed and adopted.
b. The condition is not unique to this parcel, and the situation
is common to twenty other nonconforming residential uses in
the C -1 tone.
c. The alleged hardship is based upon the applicant's desira sad
plans, and is not due to an ordinance requirement.
d. Granting the variance would establish a precedent weir to
the Comprehensive Plan and Zoning Ordinance intent as an un-
necessary extension of the life of a noneoenforwtng use. The
detriment to other nonconforming properties in the:nei
is the enhancement of such a property,.thereby artifiXily
increasing the value in spite of the planned commercial de-
�. ;.
vel opulent.
{
4. A variance would constitute a change o f use which, is prohibited
by Minnesota Statutes and is in violation of sound planning
principle;.
,nF
`� uaxe r
` ATTEST:
The motion for the adoption of the'forWing resolution was duly seconded bOr
membe and upon vote being taken thereon, the following voted
in fa wnr +hAvalnf. .
and the following voted against the some:
whereupon said resolution was declared duly passed and adopted.
r .R
u
Member introduced the follow Intion
and moved its ad0j)tiOrilz
o
RESOLMICdi MD.
RESOLUTION town so
AWESSMUM FOR NATBR
IMPROVEN S 1974.1, `1974 1974 -11, 1974
1974 -21 AND 1974 44r AIM SWITAIM SUM "
1974 -2, 1974 -5 AND 197E +491 AND MMK $
F
jxPa0VZNZM 197, 19!4-f. 074-19, AM 1974 -531
AN.j BRIDGE ImpnovENMT 1972 -201 AM STREET RESWPATI
IMf ROVMCN '1973 -32; AND STRZW SURMCING 714PRD S
1 973-37, 1974 -12, 1974 AND GRADING, BASE Am
SUF.FACIFG IXPROV S 1974 - 4 AND 19'74+ -10r ANI) 'BASE
r, "D SURFACING IMPROVEMENT 1974 -5= A ND CURB AND R
IMPROVEMENTS 1974 -6 AND 1974 -141 AN D DEP'BRRED WATER
75; AND PUBLIC UTILITIES` HATER I RUPS; APtD S EVER,
COMEC°TION ; M § INSTALIeIQN
BE IT RESOLVED by the City COanc of the City: of 5roc*1
.:. Cen ter, Minnesota, as f ollows:
1. The City Clerk has, with the assistance of the
,,eretofore selected by this Council for such ,purpose, Caleulat t
F t n , proper amounts to be specially assessed for thrt rov is
kr,.awr, as the improvements listed above Of said titlr agal4st e
r assessable lot, piece or parcel of land in acmrdascis with 4s
`., ,isions of lawj and has .prepared and filed with the City Clerk
t b_latad statements in duplicate showing; the proper d+ ipti
.J each and every lot, pees or parcel of to be specially
assessed and the amo calculated against the s .
2 . Notice bas �ftly published as ired ' w- t
this Council *mold meet in regular session on Monday, September S,
1 to pass on the proposed, assessments.
3 Said proposed assessments have at all time's been open to
6r.---pect -ior. anci copying by all persons interested, and opportunity
�. evn given to all interested persons to pa'esent their tabjes!tfonst
it ar v, t n ,uch proposed assessments, or to any item theretff. .
h? Council finds that each of the lots, p or
o: land enumeratod in said as s ats
specially benofitted by said improvement in the unt of a :aid pry
I,,sad assessment set opposite the description of each lot, piece
c: r raa rc � l of land, 'and that amaunt so salt out is hereby levied
each o£ the respective lots, pieces or reels of 1
ix. descrx bad.
5_ Such proposed assessments are adopted and coaf i
acs the sidms fined and r, in said proposed assessments are
v
affirmed, adapt and confirmed as the p special assessmen .
for each of said lots, pieces or. panels of laud respect9v+s1,�.
- Y
a; Said assaees nt, as adopts�d and 0031C is "d #bN►21 e °
cert ified to be the city Clerk and filed in his Offict«
L.:.E:XE'on be and constitute the special aseAssments for
of the a bove listed improv ts: y
7. The amounts assessed against each lat p ata� oY. pu
o f land shall basest
i nterest from the data hereof rti1:.. #, '
been paid at the rate Of eight (8.0%) pe an VM*
u .
e. Such assesesm ants Mall be p40I in 1
{
be
gfnning in the year JL97S 8a�yable on t lfith ► o
each 'succe+eding year and ritihuing until all of sai. iastl.t
shall have been paid, each installment to be 001140ted 'wigs tom=
taxes collectible during said year by the Director of Finance a
t ens ;epir. Ccunty.
A. w ater Main improvement No' 107�i-1, And 19'�!� -"
t1LtE:�r, (15) equal installments.
13 water ;Main Improvement No' a. 1974 -11., 1g 4-�'�. i9�" Z 1• q
as:d 1974 - 34 in twenty (20i' equal in stallments.
C . n i r' 1la�ro�a�nt goes. 197!4 -a Slid- 19744 � to
fifteen (15) equal installments.
D. _ Sanitary Sewer improvement No. 1974 -18 in twenty 4lttl}
equal is }stallme ts.
S. Storm Sewer Improvement 00's- 1974 -3 and 1974 -9 ifs
fifteei. (15) equal instalments,
, ' 5 y
r,. F. Storm Sarver ImprovewAnt so* a. 1974 -19 and 1974 -23 ,tar► 3
twenty (20) equal instal tS
Bridge hagr'o t No. 1972 -20 in fifteen talimen
H. Street Restoration Improvement No. 1973 -32 in s ®vaeSe' 173,
,:,jual installments.
x . S treet Surfacing Imgrovs Bent .Nol s. 1973 -37, 1974 -13, es+3
1974 -22 in seven (7) equal installments..
r
L
J. Grading® se urfaeing improvement 's. 1974$4 aid
E
19? -ltd' in i£t (IS) installments. �•h
K. Base & Surfacing Improvement No. 1974 -5 in fifteen 413
ec; . a l i ii sst a 1 lotents .
a
r
P-ESOLIrrl,ON NO.--
L. Curb and gatter lmpzov4wwmt No*&. 1974-6 mW 1974WA
in f ifteon (15) equal installments.
V
N. Deferred Water Inprovenwat 1964--1 in twenty (20) 1 , 4011
N-
Public Utilities Vat*r lbokups in fifteen (15)
installments.,
0. Public ftluft4w vbtw ifteft"'An "WeVAT, ("I'44"t
installments.
P- Sower Connections in twenty (20) equal instaluments.
0. Sewer Installation in twenty (20) equal' installftents.
Date
Mayor
A TT
EST
Clerk
The motion for the adoption of the foregoing resolution was duty
- - econded by member and upon vote bola talcon-
the following voted in f &voc th
Ai.d the following voted against the same
hereupon said resolution'was declared ftly passed and adopted.
s,
C OY Of WWOQ'XN C XNTU ONDOVOCE NO.
G�EEs1AiI0E A]lN,,,,,t?fN0 Ctl.�E
THE CITY CO UNC M Or 'TIE CI'f Y Op IRCK)ayX CENM Don OMW
Section It sectift 101 as Cay 01djawwoo is hweby ,�1i ! 1►�w►sa
Se 1 - 1i2 ANUM CONTROL OffICnt. ;
shall have the folloveAg duties;::.
b To impound any [dog, aRANI found w1thln Broo klyn C oft
rwudm at large off the Promi 'Of the axed out of 3
the immediate supervision and verbal command of the
owner or his agent.
Section 1 - 113. IMPOUNDMENT ADM ION. Tbs C hta
shall establish (dog] impoundanent proc edures Including de o
Impoundment facilities, provisions for n o tific ation ` and release to tbo oww 4
impounded [dogs] , disposiUm of umle
schedule of cberges InI to owner apprebuldon 6W fm
4
Section 2: This otdijW smil a fter
�.
upon thirty (30) da ys fo u* its 16941 ublkation.
Adopted t1us
day of 29
g h
Ma
,
ATTEBT
, s `.
CI
Date Publis
Effective Date
(Bracken LwIftte uwftw to be de a
underline s.
t
„ 4 -
a
License's to be approved by the City Council on September 8, 1975.
-
A3ECHA�il'ICAL SYS =MS LXCENSE
te n, ;
Ceatrai,re, Inc. 13025 Pioneer Trail ....'`
Controlled Air Corp. 3332 Hwy. 13 k
Suburban Air Conditioning Co. 8419 Center Dr.
Building Inspector
ter -
F.EADILX PEIRUI BLE ,Ot�U VEHICLE LZCESE
Mr., L's 6800 Humboldt "Ave N.
t S =�itarian
RENTAL DWELLING LICENSE ;
` Richard & Gloria $yens 7018 Brooklyn Blvd. •:
Ralph & Barbara virgillo' 5001 Ewing Ave. N.
Darrel A. Farr, Ray
Cunningham, Jim London
& Peter Nogueros 4207 Lakeside "Ave:
I:arold Anderson a John Feyo 4811 Lakeview
Richard & Elfreda P1oot 5319 -21 Queen Ave N .�.........Y._ a
Curtis Erickson 4809 -11 Twin Lake Ave. ..� a
Jack & Elizabeth Fahrenh:olz 620 53rd Ave. N.
Gary & Vickie Sodahl 610 53rd Ave. N.
Roger Lundquist 3910 65th Ave N.
Gladys Nelson 4006 65th Ave. N.
Dennis Madden, Barbara
Thompson, Roger Becklund
Lumir Proshek 3907, 3909, 3911 65th
Ave. N. ,� �X•a4!
s Di of
Planning and
inspection
p
A
^3
Re SIGNS$
Kaufman Outdoor Ad. Co. 3 N. Washington Ave.'
z. Vniversal Sign Co. 1033 Thomas Ave,
Building Inspector