Loading...
HomeMy WebLinkAbout1970 01-19 CCM Regular Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota January 19, 1970 The City Council met in session and was called to order by Mayor Philip Cohen at 7 :35 P. M. Roll Call: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard, Also present were; Donald Poss, Paul Holmlund, Charles Van Eeckhout, Richard Schieffer, Robert Haarman, James Merila and S.E. Peterson, Reverend Mattson of Berean Evangelical Free Church offered the invocation. Motion by Howard Heck and seconded by John Leary to approve the minutes of the January 5, 1970 meeting as submitted, Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to confirm Mayor Cohen`s appointments to the Conservation Commission as follows: Mrs. Sylvia Winkleman, 6337 Orchard Avenue North, Mr. William Price, 5555 Dupont Avenue North, for terms of three years effective January 1, 1970; Mrs, Rozella Gunderson, 801 - 69th Avenue North and Mr. Peter A. Simmons, 5330 Camden Avenue North for terns of two years effective January 1, 1970; Mrs. Bonnie Snater, 906 - 72nd Avenue North and Dr, Brian Murn, 5421 East Twin Lake Blvd. for terms of one year effective January 1, 1970. Voting in favor were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -9 RESOLUTION COMMENDING DETECTIVE IARRY GOGA OF THE BROOKLYN CENTER POLICE DE PART NT 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, Vernon Ausen, Howard Heck and Theodore Willard; 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. 70 -10 RESOLUTION DECLARING THOSE CERTAIN BUILDINGS LOCATED AT 1101 - 73RD AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, DILAPIDATED BUILDINGS A;Np ORDERING THEM TO BE REMOVED 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, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Howard Beck and seconded by Vernon Ausen to approve the Brooklyn Center Fire Department Relief Association investment as proposed in a letter from the Association dated January 16 1970. Voting in favor were. Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -1- At this time Mayor Cohen expressed concern to the Council and staff regarding the accessibility of cigarette machines in local business establishments and aGked for Council comment regarding the feasibility of limiting the number of cigarette licenses or asking a replacement of the cigarette machines so they are not accessible to young people. After some discussion among the Council and ,City staff and a consensus agreement that the staff study ways to inhibit accessibility of cigarettes to young people, a motion was made by John Leary and seconded by Howard Heck to approve the following licenses: Bowling Alley License Lynbrook Bowl 6357 North Lilac Drive Cigarette License Automatic Sales Co. 6810 Osseo Road Belt Line "66" 5001 Drew Avenue North Boutell's 5701 Xerxes Avenue North Brookdale Chrysler Plymouth 6111 Osseo Road Brooklyn Center Mobil 6100 Osseo Road Chuck Wagon Inn 5720 Morgan Avenue North Denny's Standard 69th & Humboldt Avenue North Donaldson's Brookdale Center LaCrosse Dairy 5845 Lyndale Avenue North Lynbrook Bowl 6357 North Lilac Drive Shopper's City 3600 - 63rd Avenue North William's Cafeteria Brookdale Center Food Establishment License Sears Roebuck & Co.,, Inc. 1297 Brookdale Center Garbage and Refuse HauLI ,License Drury Sanitary Service 424 Decatur Avenue North Elvine Rubbish Service 5916 Garwood Road North Gallagher's Service 8566 Jefferson Avenue N.E. Kersten Truck Service 2045 Bronson Drive LaBelle Sanitary Service 2939 Vera Cruz Avenue North Bergstrom Trucking 5558 Vera Cruz Avenue North Gasoline Service Station License Bill West Pure Oil 2000 - 57th Avenue North Brookdale Car Wash 5500 Osseo Road Brookdale Mobil, 5710 Xerxes Avenue North Brookdale Pure Oil 6840 Humboldt Avenue North Brookdale Shell Service 1505 - 69th Avenue North Brooklyn Center Shell Service 6245 Osseo Road Brooklyn Pure Oil Service 6901 Osseo Road Dan Ryan's "66" 6850 Osseo Road Denny's Standard 6900 Humboldt Avenue North Joe's Standard 6600 Lyndale Avenue North Langren's Mobil Service 6100 Osseo Road Phillips Petroleum 6548 Lyndale Avenue North Randall Company 6830 Osseo Road Sears Roebuck Co. 1297 Brookdale Center Shopper's City 3600 - 63rd Avenue North Sipe Bros. Texaco 6810 Osseo Road Sipe - Gray Oil Co. 4861 Osseo Road Standard Solvent 4906 France Avenue North Superamerica 1901 57th Avenue North No - Intoxicating Malt Liquor "Off -Sale" License Chuck Wagon Inn 5720 Morgan Avenue North LaCrosse Dairy Store 5845 Lyndale Avenue North Shoppees City 3600 - 63rd Avenue North -2- Non - Intoxicating Malt Liquor "On -Sale" License Chuck Wagon Inn 5720 Morgan Avenue North Lynbrook Bowl 6357 North Lilac Drive Pool Billiard License Lynbrook Bowl 6357 North Lilac Drive Taxi Cab License Town Taxi. Corp, 7440 Oxford Street Voting in favor were: Philip Cohen, John Leary,, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 69063 submitted by Drs. Swenson and Mum requesting rezoning from R -5 to C -1 property located generally in the southwest corner of the intersection of 65th Avenue North and Osseo Road. The City Manager reviewed events relative to this application whereupon Administrative Assistant Robert Haarman explained In detail to the Council said area considered for rezoning, After some discussion among the Council, Mr. Bernard Ziznpfer, attorney for the applicants, spoke on behalf of the applicants. After discussion of the merits of the matter, a motion was made by John Leary and seconded by Vernon Ausen to approve Planning Commission Application No. 69063 requesting rezoning from R -5 to C -1 that property located generally in the southwest corner of the intersection of 65th Avenue North and Osseo Road, Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered that park of Planning Commission Application No. 69067 submitted by United National Investors requesting a variance from the setback requirements for the Country Club Market located in the Northbrook Shopping Center, The City Manager reviewed events relative to this application and Mr. Haarman explained to the Council in detail the plans for the Country Ciub Market and the request for a variance from the setback requirement. Following a discussion among the Council, staff, and applicant, Mr. Blake, a motion was made by John Leary and seconded by Howard Heck to approve that part of Application No. 69067 requesting a setback variance for the following reasons: 1. A long existing Northern States Power Company easement located southerly of the proposed building site limits any movement of the proposed building in a southerly direction; 2. Parking lot traffic patterns and parking layouts for other portions of the shopping center have been previously determined by the location of now vacated Morgan Avenue and any movement of the proposed building in an easterly direction would be limited thereby; 3, The fact that the setback relates to T.H. 100 which has the spatial characteristics of a freeway greatly diminishes any resulting deleterious effects on the health, welfare and safety of the community. Vo ting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The next matter considered by the Council consisted of that part of Planning Commission Application No. 69067 submitted by United National `.mre3tors requesting site and building plan approval for construction of a new Country Club Market, Mr, Haarman explained the conditions outlined by the :Planning Commission and then reviewed the site and building plans with the Council and the applicant. After some discussion among the Council and staff it was the consensus of the Council to defer action for 30 days on the solid � waste disposal system to be utilized in the proposed Country Club Market -3- (specifically regarding a vertical multiple chamber incinerator versus a stationary compactor container waste disposal method). After additional discussion among the Council and City staff a motion was made by John Leary and seconded by Howard Heck to approve that part of Application No. 69067 requesting site and building plan approval for Country Club Market with the following conditions; 1. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 2. Utility and drainage plans are subject to the approval of the City Engineer prior to the issuance of the building permit; 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 site Improvements as designated on the plans submitted; 4. The site plans shall incorporate a five foot buffer strip along the line of State T.H. 100; 5, All perimeter driving and parking areas shall be bounded by concrete curbing; all interior parking lot delineations may consist of filled bituminous curbing; 6. All mechanical outdoor roof top installations shall be fenced with an opaque screening device at least one foot higher than the elevation of the mechanical units themselves. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting • g gainst were, none. .Motion carried unanimously. The Council recessed at 9 -.40 P.M. and resumed at 10:05 P. M. The Council next considered planning Commission Application No. 69068 submitted by Brede Sign Company requesting a variance from Section 34 -140 of the Sign Ordinance (size of sign 162 sq. ft. proposed, 104 sq. ft. permitted) for 6110 Osseo Road, the site of Burger King Restaurant. Following an explanation of the application by the staff, there was a discussion among the Council, staff and City Attorney regarding the standards for granting a variance. The - applicant requested that the matter be considered as though the old sign were in place and that a variance for a replacement wa's being sought. Following comments from each of the Councilmen, a motion was made by John Leary and seconded by Vernon Ausen to deny Planning Commission Application No. 69068 because the applicants have not met the standards for granting a vaAance as cited in Section 35- 240.2. Voting in favor were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. A discussion then ensued regarding provision for an interim identification sign to serve until a conforming sign could be constructed and erected. It was the Council consensus that the matter should be resolved administratively. The City Manager presented the first draft of the Civil Defense Ordinance explaining that it was generally based on a model ordinance developed by the State of Minnesota Department of Civil Defense in conjunction with the League r,;A Ninnesota Municipalities and that it is consistent with the provisions of the Council Manager form of government. Civil Defense Director Edwin Coleman stated his enthusiastic endorsement of the proposed ordinance. After a review of each of the sections of the ordinance a motion was mabaa by john Leary and seconded by 'Theodore Willard to declare a first reading can the following ordinance: -4- AN ORDINANCE REPEALING CHAPTER 31 OF THE CITY ORDINANCES ENT37'1.ED "WAR AND CIVIL DEFENSE" AND ADDING A NEW CHAPTER 31 - "C DEFENSE ORD CE" Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck i and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered a second reading of the snowmobile ordinance. The City Manager related that the Minnesota Conservation Commissioner had Indicated that he would approve only those snowmobile ordinances which contained curfew provisions no more limiting than it P.M. to 7 A, M. It was recommended that the ordinance be enacted as first read and that the curfew section be amended at a later date. Member Theodore Willard introduced the following ordinance and further moved Its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council, the text of the ordinance shall be attached to the minutes and be a part thereof: ORDINANCE NO. 70-1 AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES A ND ERMIMANALIZEA O W01ATION The motion for the adoption of the foregoing ordinance was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted, The City Manager next related to the Council the status of various stages of Capital Projects, The City Manager next referred the Council to a water treatment plant report and called upon its author, the Director of Public Works, to discuss it with the Council, After considerable discussion a motion was made by Theodore Willard and seconded by Howard Heck to accept the water treatment plant report b%:7 the Public Works Director and to authorize the City Manager to seek a proposal from consulting engineers Black and Veatch for the purpose of updating information from their 1963 water. system studies and to ascertain the ability of the City to finance water treatment facilities. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen►, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by john Leary to commend Public Works Director Charles Van Eeckhout for his outstanding three years of service to the City of Brooklyn Center In the capacity of Public Works Director and City Engineer, Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Pioward Heck and Theodore Willard. Voting against were.. none, Motion carried unanimously. The City Manager next discussed with the Council backyard burning regulations and informed the Council of his meeting with three haulers who serve the majority of City residences. The City Manager related the problems of private solid waste collection manpower shortages and the need to acquire additional refuse collection vehicles.. He suggested to the Council that it would be In the best interests of the community if the City would coordinate the implementation of backyard burning regulations with other communities so that private haulers could have time to gear up their disposal services in order to handle the estimated 40:'b to 60% increased refuse that will result from banning backyard burning. Motion by john Leary and seconded by Vernon Ausen to adjourn the meeting. �Poting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Thc-.odO -e Willard. Voting against were none. Motion carried unanimously. The meeting adjourned at 1:58 P. M. Mayor ,5� CITY OF BROOKLYN CENTER - ORDINANCE NO. 70 -1 AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1; Chapter 27 of the City Ordinances is hereby amended by the addition of the following; Section 27 -901, STATEMENT OF INTENT. It is the intent of this ordinance to supplement Sections 84.81 through 84.89 and Chapter 169, Minnesota Statutes, with respect to the operation of motorized vehicles commonly called snowmobiles. This ordinance is not intended to allow what the State Statutes prohibit nor to prohibit what the State Statutes expressly allow:, Section 27 -902, DEFINITIONS The terms used in this ordinance shall have the following meanings: Person - means an individual, partnership, corporation, and any body of persons, whether incorporated or not. Snowmobile - means a self - propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis or runners Owner - means a person, other than a lien holder, having the property in or title to a snowmobile entitled to the use or possession thereof. I Operate means to ride in or on and control the operation of a snowmobile. Operator - means every 2erson who operates or is in actual physical control of a snowmobile. Roadway - means that portion of a highway or street which is improved, designed, or ordinarily used for vehicular travel. Section 27 -903. OPERATIONS. It is unlawful for any person to operate a snowmobile or for an owner to permit his snowmobile to be operated: (1) on the private property of another person without first securing the permission of the owner of said property or of the person entitled to possession and control of said property; (2) on publicly owned land and easements including schools, park property, playgrounds., and recreational areas under the jurisdiction of the City of Brooklyn Center except where expressly permitted and posted through resolution of the City Council; (3) on a street boulevard or anv sidewalk walkway or land designated for such use ORDINANCE NO. 70 -1 (4) directly across a City roadway unless: (a) the operator is 18 years or more of age; (b) an operator who is 14 years or more of age and less than 18 years of acre possesses a valid snowmobile safety certificate issued by the Minnesota Commissioner of Conservation; (c) the crossing is made at an angle of approximately 90 to the direction of the roadway and at a place where no obstruction prevents a d uick an safe crossing; d the snowmobile is bro to a - complete g P stop before crossing the roadway; (e) the driver yields the right -of -way to all on- coming traffic which constitutes an immediate hazard; (5) along a City roadway unless: (a) the operator is eighteen years or more of age; (b) the operator who is less than 18 years of age and at least 16 years of age possesses a valid snowmobile safety certificate issued by the Minnesota Commissioner of Conservation; (c) the' , operator who is less than 16 years of age and at least 14 years of age possesses a valid snowmobile safety certificate issued by the ]Minnesota Commissioner of Conservation and he is accompanied by a person 16 years or more of age who possesses such a snowmobile safety certificate and who is actually occupying a seat in or on the vehicle; (d) the snowmobile is brought to a complete stop at each street intersection which it encounters; (e) the snowmobile proceeds along the right hand side of the street in single file, (6) along a public street while towing a toboggan, sled, or similar device; (7) within the City limits of the City of Brooklyn Center between the hours of 10 :30 P. M. to 8 A. M. , except that it shall not be unlawful to operate a snowmobile until midnight on Friday and Saturday; (8) at a rate of speed greater than reasonable or proper under all surrounding circumstances; (9) carelessly or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger, or be likely to endanger, any person or property; (10) while under the influence of intoxicating liquor or narcotics or habit forming drugs; (11) without a lighted headlight when required for safety, said headlight having a minimum candle power of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions; (12) without a lighted taillight when required for safety, said taillight being red in ;color and having a minimum candle power of sufficient intensity to be plainly visible from a distance of 500 feet to the rea during hours of darkness under normal atmospheric conditions: ORDINANCE NO. 70 -1 Section 27 -903 (continued) ( 13) __ without at least 16 square inches of reflector material mounted on each side of the snowmobile forward of the handle bars; (14) without brakes adequate to control the movement of and to stop and to hold the snowmobile under any conditions of operation (15) without a safety or so- called "dead man" throttle in operating condition. Such throttle is defined as a device which when pressure is removed from the accelerator or throttle causes the motor to disengage from the driving track; 16 a muffler in g ood wOrkin order which is in constant o peration to ( ) g q p revent p p - excessive or unusual noise. Said muffler shall meet the minimum requirements established by the Minnesota Commissioner of - Conservation. Section 27 -904. PENALTIES,, Any person who shall violate the provisions of this ordinance shall, upon conviction thereof be punished by a fine not to exceed Three Hundred 300.00) Dollars and imprisonment not to exceed ninety (90) days. Section 2: This ordinance shall become effective after adoption and thirty days follo i Y own its lea ' Y g l eg al publication. Adopted this 19th day of January 1970. Mayor ATTEST: � �° �. �= :�,_,.._� j* Clerk Published in the official nempaper January 1, 1970 Effective date January 31, 1970 r