The URL can be used to link to this page

Home My WebLink About1970 03-09 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 March 9, 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, Howard Heck, Vernon Ausen and Theodore Willard. Also present were: D. G, Poss Paul Holmlund, James Merila, Richard Schieffer, and B.E. Peterson, Reverend Paul L. Swedberg of the Lutheran Church of the Master offered the invocation. Motion by Theodore willard and seconded by Vernon Ausen to approve the minutes of the February 16, 1970 meeting as amended. Voting in favor were: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none., Motion carried unanimously. Motion by Vernon Ausen and seconded by Howard Heck to approve the minutes of the February 23, 1970 meeting as submitted. Voting in favor were: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to authorize the taking of bids on April 7, 1970 for the annual supply of City construction materials consisting of corrugated and reinforced concrete pipe, gravel, aggregate and bituminous materials. Voting in favor were: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously, Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -29 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM MEEP WELL IMPROVEMENT PROJECT NO, 1970-1A) 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, Vernon Ausen, Howard Heck and Theodore Urillard; 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. 7030 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1970 -A WATER MAIN IMPROVEMENT NO. 1970 -2) 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, Vernon Ausen, 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 considered a draft resolution approving an incinerator operation relative to Planning Commission Application No. 69067, During the discussion Councilman Leary arrived at 7 :50 P. M. It was the consensus of the Council to modify sections of the draft resolution. -1- Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -31 RESOLUTION APPROVING INCINERATOR OPERATION RELATIVE TO PLANNING COMMISSION APPLICATI10N NO. 69067 The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen and Theodore Willard; and the following voted against the same: Howard Heck, whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: S 7 RESOLUTION NO. -32 0 RESOLUTION AUTHORIZING THE PURCHASE OF 84" LAWN MOWER 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. Motion by j ohn Leary and seconded by Vernon a Ausen to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 9 BY REQUIRING BURIAL OF CERTAIN ELECTRIC AND COMMUNICATION LINES Voting in favor were: Philip Cohen John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. Member Theodore Willard introduced the following ordinance and moved its adoption: ORDINANCE NO. 70 -3 AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:" Section 1: Section 27 -903 (7), is hereby amended by the deletion of the follows ng: (Within the City limits of the City of Brooklyn Center between the hours of 10 :30 P. M. to 8 :00 A. M. , except that it shall not be unlawful to operate a snowmobile until midnight on Friday and Saturday.) Section 2: Section 27 -903 (7), is hereby amended by the addition of the following: Within the Ci rte limits of the City of Brooklyn Center between the hours of 11:04 P. M. to 7.00 A.M. , except that it shall not be 4 unlawful to operate a snowmobile until midnight on Friday and Saturday. Section 3; This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 9th day of March, 1970. 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. -2- Member Vernon Ausen introduced the following ordinance and moved its adoption. ORDINANCE NO. 70.4 AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 17 -110, Subdivision 4b (2) is hereby amended as follows; SUPERVISORY AND INVESTIGATIVE PERSONNEL. Supervisory and Investigative persohnel shall accrue. hours in fulfillrftent of the minimum work year at the actual rate of hours (worked and shall not be eligible for overtime compensation) spent on regular scheduled duty, training, .. and scheduled extra duty, with appropriate credit for holidays, used .�..� _vacation, and used sick leave. Sergeants and Investigators shall be compensated for required appearance at court during off -duty hours at the rate of 150° of the normal hourly wage with a minimum of 2 hours pay at the overtime rate to be paid for each such session of court at which the employee is required to be present. Section 2: Section 17 -114, Subdivision 1 shall be amended by the addition of the following: Emplo„lTees with 20 consecutive years of service shall earn vacation leave at the rate of 1 2/3 worked days for each calendar month of full time service or major fraction thereof. Section 3: Section 17 -120, Subdivision 4 is hereby amended as follows: Overtime. Employees who work a normal Monday through Friday schedule who are required to be on duty on any holiday as set out in paragraph 2 as qualified by paragraph 3, and Police Patrolmen who are required to be on duty on Christmas and Thanksgiving days, shall be paid time and one - half for the hours worked in addition to the holiday pay. Section 4: Section 17 -120, Subdivision 5b is hereby amended as follows; Except as provided in.gMgraph 4 of this section and paragraph c below, overtime pay shall not be authorized to those persons working Irregular shifts for hours worked on holidays when such work is part of the planned schedule. Section 5; Section 17 -120, Subdivision 5c is hereby amended as follows: Compensation for holidays in the form of time and one -half pay in addition to h oliday pay may (shall) be authorized for employees working irregular shifts only when the head of the department in which they work deems it imperative that such compensatory time as may be accrued be waived, with the employees consent, in the best interest of the City. Section 6: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 9th day of March, 1970 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, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. -3- Member Howard Heck introduced the following ordinance' and moved its adoption; ORDINANCE NO. 70 -5 AN ORDINANCE AMENDING CHAPTER 35 By REDEFINING THE BOUNDARIES OF CERTAIN PROPERTY WITHIN SECTION 35 -1100, SECTION 35 --1140 AND SECTION 35 -1170 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -1130 (Multiple Family Residence District R -4) is hereby amended by including property described as follows: ?„ 1 of Block 1 and Lots 1 and 2 of Block 2, Thomas Construction Co. 2nd Addition. Section 2: Section 35 -1140 (Multiple Family Residence District R -5) is hereby amended to read as follows: Lots 1 and 2. Block 10, Northgate Addition, exce t that rt of Lot 2 Block 10 North ate 1 in Northeaster) of the followin described line: Beginning at the Northwest or more Westerl corner of Lot 1 Block 10• said Addition; thence Northwesterly and parallel with the Southwesterl line of Osseo Road to its intersection with the Southerly line of 65th Avenue North. Section 3: Section 35 -1170 Service /Office District C -1) is hereby amended by including property described as follows: That part of Lot 2,, Block 10 Northgate Addition lying Northeasterly of the following described line; 2ginni. at the Northwest or more Westerly comer of Lot 1 Block 10 said Addition thence Northwesterly and 2MUel with the Southwester) ,y Line of Osseo Road to Its intersection with the Southey& line of 65th Avenue North. Section 4; This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 9th day of March, 1970. 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, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none.. whereupon said ordinance was declared duly passed and adopted. Motion by John Leary and seconded by Vernon Ausen to approve the following licenses: Bulk Food Vending Machine License Ken's Vending 5812 James Ave. No,, Lemke Vending Rt. 3, Box 429 Food Establishment License Beacon Bowl 6525 Lyndale Ave. No, Burger King, Inc. 6110 Osseo Road Chuck Wagon Inn 5720 Morgan Ave. No. Country Club Market 5712 Morgan Ave, No, FarrelPs Ice Cream Parlour 5524 Osseo Road Fran's Purity Dairy 902 -- 53rd Ave, No. J.C. Penney Co.,, Inc. 1265 Brookdale Center King's Academy 6120 Xerxes Ave. No. Kim's Food Nost U.S.A. $601 Xerxes Ave. No. St. Alphonsus Church & School 7025 Halifax Ave. No. Woodshed 5742 Morgan Ave. No. N.W. Bell Telephone 5910 Shingle Creek Pkwy. European Health Spa 2920 County Rd. 10 G rbage and Refuse Collection Vehicles D. Shobe & Sons 3621 - 85th Ave, No. Hilger Transfer Co. 6721 - 59th Ave, No. Oscar's Rubbish Hauling 5717 Hampshire Ave, No, Itinerant Food Establishment License St,, Alphonsus Church 7031 Halifax Ave. No, Non- Perishable Food Vending Machine License Anderson Automatics, Inc. 4912 France Ave. No. B - K Vending Co,, Inc. 4417 Rutledge Ave. Beacon Bowl 6525 Lyndale Ave, No, Brooklyn Printing 6956 Osseo Road Coca Cola Bottling Co. , Inc. 101 Central Ave. Country Club Market, Inc. 5712 Morgan Ave, No. Crystal Clear Ice Co. P, O. Box 27012 Denny's Standard 6900 Humboldt Ave. No. Harold's Beverage Service Rt. 5 Box 154 Johnson Tobacco Co., Inc. 251 E. Grand Ave. Metropolitan Life Insurance Co. 2950 County Road 10 Midwest Vending Co. 8645 - 5th Ave. So, N.Y. Bell Telephone Co. 655 - 20th Ave. N.E. Northbrook Minnesota Fabrics 5702 Morgan Ave. No, Northomation Systems, Inc, 4565 West 77th Street Viking Enterprises, Inc. 714 Park Ave. So. i Readily- Perishable Fool Vending Machine License Northomation Systems, Inc, 4565 West 77th Street Special Food HandliM Establishment License Denny's Standard 6900 Humboldt Ave. No. Voting in favor were: Philip Cohen John Leary, Vemon Ausen, Howard Heck and Theodore Willard, Voting against weave: none, Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to acknowledge with appreciation a letter and $30 received from the tax exempt Maranatha Conservative Baptist Home for services rendered b the Brooklyn enter Y ire C F y Department in extinguishing a vehicle fire upon their property. 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 Harvard Heck to confirm Mayor Cohen's appointment of Wayne Finley, 6006 Bryant Ave. No. to replace Roger Hansegard for the balance of his three year term expiring December 31, 1971. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 8:55 P.M. and resumed at 9 :12 P.M. At this time the City Manager briefly reviewed the status of capital Improvement projects. The City Engineer informed the Council that 40% of the grading and 90% of the excavation work was completed on the Community Civic Center site. The City Manager explained to the Council the March 6, 1970 capital improvement projects equipment rental rental report regarding equipment rental expenses incurred on the various projects. The City Manager then stated that a tentative park development schedule has been formulated proposing that by June 1, 1970 grading, leveling and seeding will be completed in the following five parks: East and =West Palmer Lake Parks, Riverdale, Freeway and Fire House Parks. The next tiem brought to the Council's attention by the City Manager was a Change Order regarding the emergency electrical system of the East Side Fire Station. Following an explanation by the City Manager, a motion was made by John Leary and seconded by Theodore Willard to approve Change Order No. E -1 deleting the emergency electrical system for the East Side Fire Station as specified under Section 1626 and in lieu thereof to furnish a pull box as per the base bid in the amount of a deduction of $4600„ Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. -5- The next item discussed was a tentative schedule for the Housing Maintenance and Occupancy Ordinance review, The following Housing Code review schedule was proposed: 1. The draft ordinance will be refined and submitted to the Council by early April for cursory review. 2. The draft ordinance would then be referred to the Planning Commission for recommendations by early May. 3. The proposed ordinance would be publicly heard during the latter part of May to the first part of June, 1970, Mayor Cohan suggested that the Council hold public hearings on the east and west sides of Brooklyn Center. The following announcements were made to the Council by the City Manager, 1 An Anoka- Hennepin District #11 invitation too dinner conference at the Roosevelt jr. High School on April 2, 1970 for Council members, City Managers and staff members, 2 An invitation to meet with the Twin Cities Area Metropolitan Transit Commission on March 12 or on April 8, 1970; 3, The 1970 HUD Open Space contract for acquisition of seven parcels on upper and lower Twin Lakes will be signed and mailed to HUD before the March 14th deadline, The City Manager next discussed with the Council Brooklyn Park's sewer problems relative to their need to provide additional sewer connections to be discharged through Brooklyn Center, He related that the Metropolitan Council Sewer Board recently sold bonds, thus enabling construction of an Interceptor sanitary sewer crossing the Mississippi River from Brooklyn Park to the NSSSD interceptor in place on the east side of the river, said river crossing interceptor sanitary sewer to be completed by October, 1970. The City Manager further stated to the Council that by April, 1971 a sewage pumping station will have been constructed to pump Brooklyn Park and Maple Grove sewage across the river, thus completing their connection into the NSSSD interceptor and relieving the need for sewer connections into Brooklyn Center. On the basis of such a schedule, the City Manager informed the Council that Brooklyn Park would be: allowed to Increase its presently limited 6350 equivalent sewer connections to 7600 equivalent sewer connections. At this time the City Manager reported to the Council on the results of the negotiating committees of the Metropolitan Area Manager's Association and Local #49 of the International Union of Operating Engineers, the latter representing members of the City Park Department„ Street Division and Public Utilities Division regarding wages and salaries for the year 1970. Member Howard Heck introduced the following resolution and moved its adoption. RESOLUTION NO. 70-33 RESOLUTION AMENDING RESOLUTION NO. 69 -3S5 BY SETTING PARK DEPAR T NT AND STREET AND PUBLIC UTILITIES PIMION WAG&S The .;lotion 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: Phillip Cohen,, john Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolu- tion was declared duly passed and adopted, Motion by Theodore Willard and seconded by John Leary to approve the City Manager's recommendation to reclassify Richard Nordstrom, Public Utilities Division employee from the classification of laborer to light equipment operator effective March 9, 1970. Voting in favor were: Philip Cohen,, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. -6- The City Manager recommended to theGounefl the $Sdoo term life accidental death and dismemberment insurance be extended to all permanent full -time City employees. After some discussion it was moved by John Leary and seconded by Vernon Ausen to authorize the City Manager to seek proposals for a group $5,,000 term life accidental death and dismemberment insurance policy for City employees commencing May 1, 1970. 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 Theodore Willard to adjourn the meeting. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 10 :55 P.M. .p er Clftk or -7-