HomeMy WebLinkAbout1970 03-30 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 30 1970
The City Council met in session and was called to order by Mayor
Philip Cohen at 7 :34 P. M.
Roll Call: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and
Theodore Willard. Also present were: D. G. Poss, Paul Holmlund, James Merila,
Richard Schieffer, Bambridge Peterson, Thomas O'Hehir,, Robert Haarman, anti
Jean Murphey. Others present were: Ed Theisen, CAAC member; Robert Pierce
and George Dunham of Cerny Associates, Inc.
Motion by Howard Heck and seconded by John Leary to approve the
minutes of the March 9, 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.
At this time the City Manager announced to the Council the results
of the Civic Center bids opened on Thursday, March 26, 1970. He reviewed
with the Council the various alternates for the General,. Mechanical and
Electrical bid tabulations. After considerable discussion it was the consensus
of the Council to defer any action on awarding bids for the Municipal Civic
Center until later in the evening.
The Council next considered Planning Commission Application No. 70005
submitted by Shell Oil Company requesting site and building plan approval for
a storage room addition to an existing Shell Oil Station at 1505 - 69th Avenue
North.
Following an overview by the City Manager and an introduction by staff
member Haarman, Council discussion followed regarding the Planning Commission's
condition of a "perpetual maintenance and upkeep bond" to assure proper house-
keeping at the site. The City Attorney commented to the effect that there could
be no such thing as a "perpetual bond ". The City Manager - stated. that ' the
Planning Commission's concern could be satisfied by better enforcement of existing
City Ordinances against litter and debris.
Motion by Howard Heck and seconded by John Leary to approve
Application No. 70005 requesting site and building plan approval for a storage
room addition upon the following conditions:
1. The area behind the station be cleared of junk cars, trash,
tires and other debris prior to the issuance of the building permit;
2. Building plans are subject to the approval of the Building Inspector
with respect to applicable building codes;
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 and on the above conditions.
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. 70008
submitted by Baran Builders requesting a variance from the required 25 ft.
yard setback on corner lots. The variance request is for an 18 ft. side yard
setback at 5160 Drew Avenue North.
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Following an overview 'by the City Manager and introduction by staff
member Haarman, a motion was made by Vernon Ausen and seconded by
)John. Leary to approve Application No. 70008 requesting a variance from 25 ft.
to 18 ft. on the side yard setback requirement at 5160 Drew Avenue North for
the following reason: 52nd Avenue North extended and abutting the property
is not a throughway street and therefor the imposition of the street setback
requirement would create a hardship to this specific property. 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. 70009
submitted by Roy Busse requesting a variance from Section 35 -400 of the
City Ordinances which requires a 75 ftj lot width. The subject lot is located
at 5329 James Avenue North,
Following an overview by the City Manager and introduction by staff
member Haarman, a motion was made by Theodore Willard and seconded by
Howard Heck to approve Application No. 70009 requesting a variance from the
required 75 fits lot width be approved for the following reasons,
1. Because this vacant lot lies between two developed residential
lots,, a hardship exists in that there is no chance for a combination
j of land parcels which could create a standard size lot;
2, The 50 ft. lot size is compatible with the neighborhood lot sizes,
particularly to the south;
3, A precedent exists within the Humboldt Addition for granting
similar variances to the minimum lot width.
Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and
Theodore Willard. Voting against were; none. Motion carried unanimously.
The next item for Council consideration was Planning Commission
Application No, 69052 submitted by Carl Anderson requesting a variance from
ordinance requirements of Section 35 -400 (10 ft, setback); Section 3 -102,7
(Automatic Fire Extinguishing Systems) and plan approval for an addition to
Anderson Automatic Screw Co. located at 4912 France Avenue North.
Following an overview by the City Manager and an introduction by
staff member Haarman, along with a brief discussion with the applicant, a
motion was made by John Leary and seconded by Theodore Willard to approve
that part of Application No. 69052 relating to a variance from the ordinance
requiring 10 ft. setbacks because the addition is an extension of the existing
building which has a setback of 1 ft; and to approve that part of Application
No, 69052 relating to plan approval subject to the following conditions:
1 Building plans are subject to the approval of the Building
Inspector with respect to applicable building codes;
2, 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 clean -up and the delineation of 22
parking stalls.
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 9:07 P. M. and resumed at 9:25 P. M.
At this time the City Council returned to the Civic Center bid tabulations
and heard an explanation of the draft resolution to award bids from the City
Manager. After considerable discussion of the bids the City Manager discussed
with the Council an updated Capital Projects budget dated March 30, 1970.
Mayor Cohen called upon CAAC member Ed Theisen for his comments regarding
the bids received for the Municipal Civic Center. CAAC member Theisen stated
that he was very pleased with the bids received for the Civic Center. Following
this discussion the Council, staff and Cerny Associates established April 18,
1970 as a groundbreaking ceremony date for the Civic Center.
Member Howard Heck Introduced the following resolution and
moved Its adoption:
RESOLUTION NO. 70-34
RESOLUTION AWARDING BIDS FOR MUNICIPAL CIVIC gENTER
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, Vernon Ausen, Howard Heck and
Theodore Willard; and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.
At this time Mayor Cohen announced to the Council that he has not yet
received from all of them their recommendations for appointments to the Teen
Council Steering Committee. After some discussion the matter of appointments
to the Steering Committee was deferred until the April 13, 1970 Council meeting.
The Council next discussed at considerable length a proposed resolution
submitted by Councilman Ausen establishing an Advisory Youth Commission.
I' Councilman Ausen contended that a Youth Commission, advisory to the Council.,
was essential as a "buffer" between youth and the Council. Mayor Cohen
contended that the matter should properly be referred to the Teen Council
Steering Committee for its recommendation, thereby avoiding the establishment
of adult confinements on the committee's deliberations. Mayor Cohen and
Councilman Ausen concurred in meeting together to examine alternatives that
may be available in establishing an Advisory Youth Commission,
Member John Leary introduced the following resolution and moved
Its adoption:
RESOLUTION NO. 70 -35
RESOLUTION ESTABLISHING DEEP WELL IMPROVEMENT PROJECTS
NO. 1970 -1B, 1970 -1C & 1970 -1D WELL #7) AND ORDERING
PREPARATION OF PLANS AND SPECIFICATIONS
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 Iffillard; and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.
Member Theodore Willard introduced the following resolution
and moved its adoption:
RESOLUTION NO. 70 -36
RESOLUTION AUTHORIZING THE PURCHASE OF AN ELECTRIC CHECK
VALVE FOR DEEP WELL IMPROVEMENT PROTEGT NO. 1970 -1B (WELL #7)
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, Vemon Ausen, Howard Heck and
Theodore Willard; 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. 70 -37
RESOLUTION ACCEPTING QUOTATION FOR EXTENDING SANITARY
SEWER, STORM SEWER AND WATER MAIN SERVICES TO THE NEW
CITY HALL AND COMMUN=,CENTER
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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, 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 -38
RESOLUTION APPROVING SPECIFICATIONS FOR 1250 GPM FIRE
PUMPER A ND DIRECT, I1�TG ADVERTISEMEAIT FOR BIDS
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 Vernon Ausen introduced the following resolution and
moved its adoption;
RESOLUTION NO. 70 -39
RESOLUTION APPROVING AMENDMENT TO BROOKLYN CENTER
FIRE DEPARTMENT RELIEF ASSOCIATION
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, 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 Howard Heck introduced the following resolution and
moved its adoption:
RESOLUTION NO. 70 -40
RESOLUTION DECLARING THOSE CERTAIN BUILDINGS LOCATED AT
5839 MAJOR AVENUE NORTH, BROOKLYN CENTER, MINNESOTA,
DILAPIDATED BUILDINGS AND ORDERING THEM TO BE RE MOVED
i
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 Theodore Willard introduced the following ordinance and
moved its adoption:
ORDINANCE NO. 70 =5
AN ORDINANCE AMENDING CHAPTER 9 BY REQUIRING BURIAL OF
CERTAIN E LECTRIC AND COMMUNICATION LINES
THE CITY COUNCIL, OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1: Chapter 9 of the City Ordinances is hereby amended the
addition of the following:
Section 9-301. UNDERGROUND INSTALLATION OF CERTAIN ELECTRIC
AND COMMUNICATION LINES. All new electric distribution lines fexcludl� main
line feeders and hi h =voltage transmission' lines) new electric services and new
telephone service lines constructed within the confines of and providing service
to customers in the following areas shall hereafter be buried undergroun
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(a) New single and two - family [t-1 and R -2) dwellLn subdivisions
consisting of eight S8) lots or Mor
(b) New multiple family dwelling (R -3 through R-7) complexes consist -
ing of seven (7) or more dwelling units;
(c) New industrial and commercial !71,,1-2, 0-1, C -lA and C -2)
developments of any magnitude,, -
F
The owner or owners of above described developments shall submit
to the Ci ty of gMklyn Center a written instrument from the utilities companies
showin that the neces§M arrangements have been made with the utilities
involved for the installation of underground facilities. Easements shall be
provided to the utilities for the installation of such facilities, If lines are to be
installed underground in public rights -of -way, the location thereof shall be
approved by the City Engineer.
Section 9-302. EXCEPTIONS. The City Council, after study and
recommendation b y the Plannin g Commission mgy pavide for exceptions from the
requirements of Section 9 -301 if it is found that:
(a) The placing of utilities underground would not be compatible
with the development which is planned; or
(b) TapoMphical, soil,, or other conditions make the underground
installation unreasonable or impractical.
Section 9-3303, PENALTIES, AU person, firm or corporation who shall
fail to comply with the provisions of this ordinance shall upon conviction thereof
by_ lawful authority, be punished by a fine not to exceed three hundred dollars
($300.00) and imprisonment not to exceed ninety (90) days.
Section 2: This ordinance shall be effective after adoption and thirty
days following its legal publication.
Adopted this 30th 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.
The next item brought to the Council's attention by the City Manager
were Change Orders M -1 and G--1 for the East Side Fire Station. Following
an explanation by the City Manager a motion was made by John Leary and
seconded by Vernon Ausen to approve Change Order M -1 consisting of a
$440 contract deduction for deleting the mechanical piping portion of the
previously deleted generator system and Change Order G-1 consisting of a
$580.80 contract addition to the general contract for additional labor and
materials required to lower interior footings approximately 2 ft, because of
unstable soil conditions. Voting in favor were: Philip Cohen,, John Leary,
Vernon Ausen,, Howard Heck and Theodore Willard. Voting against were: none.
Motion carried unanimously.
At this time the City Manager reviewed the March 27, 1970 equipment
rental report related to Capital Improvements Projects, He informed the Council
that a major portion of the grading and excatrating was completed at the Civic
Center and that the structural area is completed and available to the contractors.
Following this the City Manager announced his intention to commission
Cerny Associates to design a travel display of the Civic Center costing $1 ,,000
to $2,000 and funded from the Capital Projects Fund. It was the consensus of
the Council that such a display would serve to positively inform citizens of
the community relative to the project.
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The following announcements were made to the Council by the
City Manager;
1. The City Manager and City Clerk are cooperating with
Independent School District 281 (tobbinsdale) in establishing
a system of voter registration using City registration files for
that portion of the City in School District 281,
2. That a $25,000 performance site improvement bond on Brookdale
Gardens is due to expire on April 4, 1970. However, due to
numerous site deficiencies the bond will not be released at that
time and the City Council will be requested to inspect the project
as a body, since the Administrative Staff has been accused of
harassment by the developer,
3. The Council was asked to consider a liquor bottle club policy
for the City of Brooklyn Center,
4. An improvement bond issue is being prepared for bids when the
bond market is favorable.. The issue is intended to finance
19681969 special assessment improvement ,projects which have
temporarily been financed through the investment Trust Fund.
5. The draft housing maintenance and occupancy ordinance has been
refined and will be submitted to the Council on April 13, 1970
for cursory review.
6. A $3.00 distemper shot will be required for all dogs brought
by the City Animal Control Officer to the City pound which is
currently Dr. Dudley's Pet Hospital. .
7. The City will purchase a tranquilizer gun for use by the Animal
Control Officer,
Motion by Howard Heck and seconded by Theodore Willard to approve
the following licenses:
Food Establishment License
American Legion Post #630 4307 - 70th Ave, No,
(Bat Service Only)
Brooklyn Center Babe Ruth 5400 James Ave, No.
Brooklyn Center National Little League 3807 - 57th Ave. No.
Evergreen Elementary hool 7020 Dupon Ave .N .
po
Ideal Northbrook Drug 5740 Morgan Ave, No.
Ga ;q License
Blue Flame Contractors, Inc, 5309 Edina Industrial Blvd.
Heating License
Blue Flame Contractors, Inc. 5309 Edina Industrial Blvd.
Gasoline Service Station L icense
Brookdale DX Service 6501 Humboldt Ave. No.
Itinerant Food Establishment License
Brooklyn Center Jaycees 7030 Knox Ave. No,
Norr- Perishable, Food Vending Machine I,�ice,, nse
Northbrook Gulf 1912 - 57th Ave. NQ
Voting In favor were: Philip Cohen, john Lppory, Vernon Ausen Howard Heck and
Theodore Willard. Voting against were: none. Motion carried unanimously.
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Motion by Theodore Willard and seconded by john Leary to acknowledge
the 1969 Me Reli f Association report. Voting in favor were: Philip Cohen,
John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against
were: none. Motion carried unanimously.
The City Tvianager announced that the next two Council meetings will be
on April 13 and April 27, 1970 respectively.
Motion by Theodore `Hillard and seconded by Howard Feck to adjourn the
meeting. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen,
Howard Heck and Theodore Willard. Voting against were: none, M n carrie
unanimpusly, oog
Clerk Mayor