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Home My WebLink About1970 04-13 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 April 13 1970 The City Council met in session and was called to order by Mayor Philip Cohen at 7 :33 P. M. Roll Call; Philip Cohen, john Leary, Vernon Ausen Howard Heck and Theodore Willard, Also present. were: Donald Poea # Paul Holmlund., . James Merila r Richard Schieffer, Robert Haarman, and Thomas O`Hehir. Reverend Roy Lindquist of Brookdale Covenant Church offered the invocation, Motion by Theodore Willard and seconded by john Leary to approve the minutes of the March 30, 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. Member Howard Heck introduced the following resolution and moved its adoption RESOLUTION NO. 70 -41 RESOLUTION ACCEPTING BID FOR FURNISHING BITUMINOUS OM 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 fallowing 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 -42 RESOLUTION ACCEPTING B M FOR PLANT -M]XED BITUMINOUS MATERIAL 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 -43 RESOLUTION ACCEPTING BID FOR STABILIZED GRAVEL AND FINE AGG'REGATF, FOR SEAL COAT 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. ..1_ Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70-44 RESOLUTION ACCEPTING .BID FOR CORRUGATED METAL PIPE 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 Lear, 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--45 RESOLUTION ACCEPTING BID FOR REINFORCED CONCRETE PIPE 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 resolution and moved its adoption: RESOLUTION NO. 70 -46 RESOLUTION REAPPROPRiATING FUNDS FOR THE ACQUISITION OF OPE SPACE LANDS 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. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 70 -47 RESOLUTION TO TRANSFER SURPLUS FUNDS FROM VARIOUS SPECIAL ASSESS FUNDS TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote Ding taken thereon, the following voted in favor thereoft 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 deolared that his vote for the resolution was not to be construed as an agreement to the policy of transferring surplus funds from various Special Assessment Fun's to the Capital Projects Fund.) Member Theodore Willard introduced the following resolution and mar ed its adoption: RESOLUTION NO. 70 -48 StLUTION TO TRANSFER FUNDS FROM SPECIAL ASSESSMENT FUND NO. 9 (1957 A B FUND) TO SPECIAL ASSESSMENT FUND N O. 19 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. -2- Mayor Cohen next announced it was time for consideration of the Planning Commission recommendations to the City Council. The first Planning Commission Application to be considered was No. 69066 submitted by Henry Stenquist requesting a special use permit for group dance lessons in the Stenquist residence at 7100 Willow Lane. The City Manager introduced the application and indicated that Mr. Stenquist had modified his application in light of an opinion from the City Attorney of which he had no knowledge prior to his original application. Mr. Stenquist was called upon to explain his application and his most recent letter dated April 2, 1970 requesting a special use permit to conduct group dance lessons in his home through June 3, 1970. Following Mr, Stenquist's comments and at his request, Mayor Cohen read a letter from an interested neighborhood property owner who suggested that there was no adverse affect on the neighborhood or on the individual properties because of this activity. Following the reading of that letter the Council heard comments from those interested property owners in the audience. Motion by Howard Heck and seconded by Vernon Ausen to deny Planning Commission Application No. 69066 with the following condition: 1. The applicant shall have until June 3, 1970 to cease and desist operation of the dance studio. 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 Council considered Planning Commission Application No. 70010 submitted by Fred Ledin requesting rezoning from R -4 to R -5 the vacant property commonly described as being within the southwest corner of the intersection of Stith Avenue North and Osseo Road. Following its introduction by the City Manager Mr. Ledin answered questions for the Council. Following a discussion of the application with the staff and applicant, individual Councilmen cited the reasonableness of the present R -4 zoning and the possibility that any change in zoning would not be consistent with the Comprehensive Plan goals. Motion by Howard Heck and seconded by John Leary to deny Application No. 70010 because the application is not consistent with Comprehen- sive Plan goals and the applicant has not demonstrated that the rezoning would be in the best interest of the City of Brooklyn Center. 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. 70011 submitted by Brooklyn Center Industrial Park requesting preliminary approval of a Registered Land Survey which comprehends the realignment of Lushine Drive. The matter was introduced by the City Manager who indicated that the realignment of Lushine Drive was necessitated by the redesign of its intersection with state highway 100 and that the City had previously acquired a deed for the realigned Lushine Drive. A motion was made by John Leary and seconded by Theodore Willard to approve Application No. 70011. 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 Council considered Planning Commission Application No. 70012 submitted by Darrell Farr requesting site and plan approval for a land use plan for townhouses along County Road #10 adjacent to the development known as Twin Lake North apartments. -3- Following its introduction by the City Manager who indicated that exi ^ting Brooklyn Center ordinances and plan approval procedures do not adequately rec.ognize this type of townhouse development, particularly with respect to seetback requirements and the usual procedural sequences, Mayor Cohen recognized Mr. Charles Van Eeckhout who spoke on behalf of the application. Discussion of the application with Mr. Van Eeckhout, the Council, staff and interested neighborhood property owners centered on: 1. Landscape and berm treatment and extent of the open space between the townhouse development and the rear yards of neighboring property owners with the possibility that this work would be done as the first phase of the project developments 2. The make -up of a home owner's association development corporation or condominium agreements which would provide for maintenance of the common land areas associated with this type of townhouse development. 3. The probability of platting the development after it is completed, rather than before which is the usual requirement. 4. The possible installation of an interim period snow fence on the development to inhibit the blowing of dirt and debris onto neighboring residences. I Motion by John Leary and seconded by Vernon Ausen to approve the site and building plan concept embodied in Application No. 70012 and to direct the City Manager to develop and recommend methods of resolving inconsistencies and conflicts between the subject proposal and the present ordinance structure. 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 9:40 P.M. and resumed at 10:00 P.M. The next item of business to be considered by the Council was Planning Commission Application No. 69043 submitted by Homedale Builders requesting approval of a landscape plan providing for the installation of trees consistent with Section 35 -410 of the City Ordinances. The landscape plan was required by previous action of the City Council on July 14, 1969. Following a review by the City Manager a motion was made by John Leary and seconded by Theodore Willard to approve that part of Application No. 69043 submitted by Homedale Builders requesting landscape plan approval. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. If At this time the Council considered a resolution which would award group life and accidental death and dismemberment insurance for its permanent full -time employees. The City Manager explained that the terms of the contract provided for a $5,000 term life insurance policy with a waiver of premium in case of disability for each permanent full-time employee. He further explained that there were three best proposals and, consistent with established policy in such a case, consideration was granted to the two local proposals. The award recommendation was settled by a flip of the coin by Councilman Willard and witnessed by Mayor Cohen, City Manager Donald Poss, and Finance Director Paul Holmlund. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -49 RESOLUTION AWARDING CROUP LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT In§URANCE CONTRACT 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, -4- Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70-50 RESOLUTION AUTHORIZING THE PURCHASE. OF TWO (2) HORIZONTAL UNDERGROUND STORAGE TANKS FOR THE MUNICIPAL SERVICE GARAGE 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. An explanation of a recommendation to correct a special assessment levy was presented by Director of Public Works, James Merila, Member VernonAusen introduced the following resolution` and moved Its adoption: RESOLUTION NO. 70 -51 RESOLUTION CORRECTING STREET ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1967 -37, ON PLAT $9010, PARCEL 2810 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. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -52 RESOLUTION O I N CORREGTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1968 -46, ON LOT 8, BLOCK 1, ELLSWORTH ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote Ding 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. The next item of business to be considered by the City Council consisted of a petition from owners of abutting property that portion that that portion of Humboldt Avenue North between old highway 100 and freeway 94 be vacated. The City Manager recommended that no public need existed for the subject street segment. Motion by Howard Heck and seconded by Theodore Willard to declare a first reading on the following ordinance: AN ORDINANCE VACATING THAT PORTION OF HUMBOLDT AVENUE NORTH LYING BETWEEN OLD. T. H. #100 AND F.A.I. # 94 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 discussed a staff study which concluded that there was an inconvenience to the bicycle owner and the city administrative system under the biennial bicycle licensing program and went on to recommend that henceforth a one -time $2.00 (two dollars) license be acquired by a resident for his bicycle. _5_ Following a discussion of the license fee a motion was made by John Leary and seconded by Howard Heck to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 23 RELATIVE TO BICYCLE LICENSING Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Vernon Ausen to establish May 12, 1970 at 2:00 P. M. Central Daylight Savings Time as the bid date for water meters. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. Motion by Vernon Ausen and seconded by Theodore Willard to acknowledge the April 8, 1970 letter of the Brooklyn Center Fire Department and approve the Fire Department Relief Association investment. 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 recommended that the City Council approve Change Order G-1 relative to the Municipal Service Garage, consisting of a $71.07 addition to the general contract, for adding keyed locks on certain doors within the structure. Motion by Theodore Willard and seconded by John Leary to approve Change Order G -1 relative to keyed locks on certain doors within the Municipal Service Garage. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -53 RESOLUTION AMENDING THE 1970 GENERAL FUND BUDGET 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 arfd Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. As the next item d business the City Manager reviewed the April 13, 1970 Equipment Rental Report related to Capital Improvement Projects. Following that review Director of Public Works James Merila discussed engineering work and a proposed design for site grading within the Central Park/Civic Center complex. There was no Council objection to proceeding with implementation of the plan which included construction of parking lot berms for screening, con - struction of a pond and water channel, etc. Motion by John Leary and seconded by Theodore Willard to approve the following licenses: Cigarette License Pat- Nik, Inc. 3521 Elm Lane Class " A " Motor Vehicle Dealers License North Star Dodge, Inc. 6740 Osseo Road Pontiac of Brookdale 6801 Osseo Road Class "B" Motor Vehicle Dealers License J.C. Penney Company 1265 Brookdale Center -6- Heating Licenses Conditioned Air Equipment 3010 Clinton Ave. So. Fred Vogt and Co. 3260 Gorham Ave. Pierre Aircon 1322 Rice Street Suburban Heating 2050 White Bear Ave. Gas Piping License Conditioned Air Equipment 3010 Clinton Ave. So. Non- Perishable Food Vending Machine license Allied Vending 8481 N. Meadow Lake Road Brooklyn Center High School 6500 Humboldt Ave. No. Canteen Co. of Minnesota 6300 Penn Ave. So. Continental Sign & Adv. 4315 - 70th Ave. No. Perishable Food Vending Machine License Allied Vending 8481 North Meadow Lake Road Readily-Perishable Food Vending Machine License Canteen Co. of Minnesota 6300 Penn Ave. So. Sign Hagger's License Brede, Inc. 2211 Broadway N.E. Lawrence Sign Company 945 Pierce Butler Route LeRoy Signs, Inc. 3101 North 2nd Street Nordquist Sign Co... Inc. 312 West Lake Street Well Driller's License Hadden Well Company 4455 Main Street N.E. Mork Well Company 9025 - 36th Ave. No. 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 related to the Council a staff meeting held with the principals of Brookdale Garden Apartments. He recommended that the Council grant an extension of time on the Performance Agreement and Performance Bond as a result of that meeting because, among other things, it was too early in the spring to determine the adequacy or condition of the site work and landscaping within the project. The consensus of the Council was that the recommendation of the City Manager to grant a 120 day extension of the performance agreement and performance bond would be appropriate. The remainder of the meeting consisted of a discussion of the Housing Maintenance and Occupancy Ordinance. Prior to adjournment, Councilman Ausen suggested establishment of a regular meeting schedule for City Council meetings and suggested the desirability of occasional non - public "committee of the whole" meetings to discuss certain sensitive matters. Motion by John Leary and seconded by Theodore Willard to adjoum 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 meeting adjourned at 12 :20 A.M. I Clerk Mayor -7-