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HomeMy WebLinkAbout1969 02-17 CCM Special Session 133 Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota February 17, 1969 The City Council met in special session and was called to order by Mayor Philip Cohen at 7 :35 P.M. Roll Call: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard (arrived at 7 :59 P. M.),- Also present were: D.G. Poss, Paul Holmlund, Charles Van Eeckhout, Richard Schieffer, Thomas O'Hehir, Gene Hagel, Robert Haarman and Bambridge Peterson. Motion by john Leary and seconded by Earl Rydberg to approve the minutes of the February 3, 1969 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Howard Heck. Voting against were none, motion carried unanimously. Motion by Howard Heck and seconded by john Leary to approve the minutes of the February 13, 1969 meeting as submitted. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, and Howard Heck. Voting against were: none. Motion carried unanimously. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -88 RESOLUTION AUTHORIZING PURCHASE OF PARK LANDS The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen, john Leary, Earl Rydberg and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -89 RESOLUTION DESIGNATING CERTAIN TAX FORFEITED LAND IN THE CITY OF BROOKLYN CENTER TO BE USED FOR PUBLIC PURPOSES 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, Earl Rydberg, and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Howard Heck and seconded by John Leary to declare an amended fii st reading on the following ordinance: AN ORDINANCE VACATING THAT PORTION OF JAMES AVENUE NORTH LYING SOUTH OF COUNTY ROAD NO. 130 BETWEEN OUTLOTS A AND B OF TWIN CITIES INTERCHANGE PARK ADDITION Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, and Howard Heck. Voting against were: none, Motion carried unanimously. Motion by Howard Heck and seconded by john Leary to declare a first reading and referral to Planning Commission for revie;. the _ollowing ordinance: AN ORDINANCE AMENDING CHAPTER 35 BY REDEFINING THE BOUNDARIES OF CERTAIN PROPERTY WITHIN SECTION 35 -1220 AND SECTION 35 -1160 -1- 143 Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, and Howard Heck. Voting against were: none. Motion carried unanimously. Member John Leary introduced the following ordinance,, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 69 -4 AN ORDINANCE AMENDING CHAPTER 23 RELATING TO GENERAL LICENSING REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS. Section 1: Section 23 -001 is hereby amended as follows: Section 23 -001. APPLICABILITY. The provisions of these sections shall apply to the application for and issuance and revocation of licenses in the (Village) City except as may otherwise be specifically provided in the ordinances pertaining to particular licenses. Section 2: Section 23 -008 is hereby amended as follows: Section 23 -008. CERTIFICATE OF OCCUPANCY REQUIRED. When a (Business) Certificate of Occupancy is required by Chapter (35) 3 of the Ordinances for the conduct of activities for which a municipal license is required, the re- quired license shall not be valid until said Certificate has been issued by the (Zoning Official) Building Inspector Section 3: Section 23 -010 is hereby amended by the addition of the following: Fee, annual un- e of Lic ense Required by Section License Expires less otherwise started Sign Hanger's license 34 -160 April 30 $ 20.00 Burglar Alarm Permit Resolution 67 -341 may 15 5.00 /month Fire Alarm Permit 5 -501 May 15 12.00 /month Christmas Tree Sales 23 -1301 Special 15.00 Section 4: Section 23 -012 shall be amended as follows: Section 23 -012, LATE FEES. 23- 012.01. All licenses shall be renewed annually prior to the expiration date set forth in Section 23 -010. In the event the applicant fails to renew his license before it expires, a fee of (10) 15 percent of the annual license fee for each week or portion thereof that the renewal is overdue shall be added to the license fee, to a maximum of (50) 45 percent of the annual fee, provided, however, that the penalty clause shall not apply to construction licenses. 23- 012.02. If an application for license renewal is not submitted within (fifteen 15) 21 days after expiration of the current license, the licensee shall cease the previously licensed activity. Continued activity after the (fifteen) 21 day period shall be an ordinance violation and upon conviction thereof, shall be punishable by a fine of not more than $100, 00 or imprisonment for not more than ninety days. Each day of such activity shall constitute a separate ordinance violation. Section 5: This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 17th day of February, 1969. -2- 141 The motion for the adoption of the foregoing ordinance was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Rydberg, and Howard Heck; and the following voted against the same: none whereupon said ordinance was declared duly passed and adopted. Member Earl Rydberg introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 69 -5 AN ORDINANCE AMENDING' CHAPTER 35 BY REDEFINING THE BOUNDARIES OF CERTAIN PROPERTY WITHIN SECTION 35 -1220 AND SECTION 35 -1200 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -1220 (Public Open Space District 0-1) is hereby amended to read as follows: That part of Outlots C and D, Twin Cities Interchange Park Addition, lying within lines drawn 150 feet from, and parallel to, the centerline of Shingle Creek (County Ditch No. 13) as described on the plat of Twin Cities Interchange Park Addition Tracts B, C and D of Registered Land Survey No. 1274. Section 2: Section 35 -1200 (Industrial Park District I -1) is hereby amended to read as follows. Outlots C and D, Twin Cities Interchange Park Addition, except that portion of said Outlots lying within Clines drawn 150 feet from, and parallel to, the centerline of Shingle Creek (County Ditch No. 13) as described on the plat of Twin Cities Interchange Park Addition.j Tracts B, C and D of Registered Land Survey No. 1274. Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 17th day of February, 1969. 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, Earl Rydberg, and Howard Heck; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by john Leary and seconded by Earl Rydberg to authorize sub - divison Bond No. 679843 for the Tower Terrace 2nd Addition to be reduced from $10,500.00 to $2,000.00. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to authorize the reduction of Subdivision Bond No. 679915 for the Northland Estates 3rd Addition from $39, 600.00 to $2,000.00. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -90 RESOLUTION AUTHORIZWTG TIME ISSUANCE OF TEMPORARY IMPROVEMENT NOTES -3- L r 139 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, Earl Rydberg, 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 Planning Commission items. The City Manager presented an over -view of Planning Commission Application No. 68008 submitted by the Federal Lumber Company. Motion by John Leary and seconded by Howard Heck to approve Planning Commission Application No. 68008. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 69002 submitted by William J. Lundberg for preliminary plat approval. Discussion ensued regarding advising the respective school districts on the division of the plat for assessment and service purposes. Motion by John Leary and seconded by Theodore Willard to approve Planning Commission Application No. 69002. Voting in favor were: John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: Philip Cohen. Motion carried. At this time the Council discussed Planning Commission Application No. 68006 submitted by Shoppers' City. The City Manager explained the history of this application to the Council for informative purposes. No motion or action was taken by the Council at this time. The Council next considered Planning Commission Application No. 68076 submitted by the Green Giant Company. Motion by Theodore Willard and seconded by Earl Rydberg to approve Planning Commission Application No. 68076 with the following conditions and stipulations: 1. Utility and drainage plans are subject to the approval of the City Engineer; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. That the location and design of the loading zone area is subject to approval from the City Engineer; 4. 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 Voting in favor were:, Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 8 :54 P. M. and resumed at 9 :11 P. M. The Council next considered Planning Commission Application No. 69001 as submitted by Brooklyn Center Industrial Park requesting subdivision approval of property in the 'Twin Cities Interchange nark Addition. Motion by John Leary and seconded by Theodore Willard to approve Planning Commission. Application No. 69001. Voting in favor were: Philip Coher John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -4- 137 The next item of business to considered by the Council was Planning Commission Application No. 68071 as submitted by Nordquist Sign Company prior to the adoption of the new Brooklyn Center Sign Ordinance, The City Manager, in reviewing this application for the Council, noted that the new Sign Ordinance does not provide or allow for a second freestanding used car sign that most automotive dealerships historically have had. Motion by Theodore Willard and seconded b Earl Rydberg er to den Y Y g Y Planning Commission Application No. 68071 because sign #2 does not meet the requirements established by the City's Sign Ordinance. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 68077 submitted b William Reilly. y. The City Ma stated tha tY 9 t Mr, Reilly had requested earlier in the day that the matter be deferred. Motion by Howard Heck and seconded by John Leary to table Planning Commission Application No. 68077 with the concurrence of the applicant, until the March 10, 1969 Council meeting. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none, �rotion carried unanimously. At this time the City Manager discussed the memo he prepared for the City Council dated February 14, 1969, regarding the recommended Park Capital Projects Program. A discussion ensued among the City Council, City Manager and Park and Recreation Director on the proposed recommended Park Capital Projects Program. '04th the additior, of blacktopping of the activity areas in the newer park areas, it was the consensus of the Council to accept the recommended program, Motion by John Leary and seconded by Theodore Willard to authorize the Mayor and City Manager to execute a contract to retain W.J. Sutherland and Assoc., Inc. for the purpose of designing and supervising installation of athlaic field anc hockey lighting at Grandview, Lions, Evergreen, and 1 Parks, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none, Mot carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -91 RESOLUTION OPPOSING THE LIQUOR FAIR TRADE LAW The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, 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. 69 -92 RESOLUTION SUPPORTING THE TEMPORARY FINANCING FOR THE MUNICIPAL TURN BACK ACCOUNT 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, Earl- Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -5- 135 Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -93 RESOLUTION SUPPORTING LEGISLATION AUTHORIZING AN ANNUAL MOTOR VEHICLE INSPECTION AS OUTLINED IN HOUSE FILE NO. 409 A ND SENATE FILE NO, 313 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none whereupon g • said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -94 RESOLUTION SUPPORTING HOUSE FILE NO. 493 WHICH WOULD PERMIT PROPERTY OF THE UNIVERSITY OR STATE OR ITS SUBDIVISIONS TO BE TAX EXEMPT ONLY IF SUBSTANTIALLY USED FOR GOVERNMENTAL OR EDUCATIONAL PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, and Theodore Willard, (Howard Heck abstained); 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. 69 -95 RESOLUTION SUPPORTING HOUSE FILE NO. 487 REGARDING: LEGISLATION ESTABLISHING TRAFFIC ORDINANCE PENALTIES 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, Earl Rydberg, Howard Heck, and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Theodore Willard and seconded by Earl Rydberg to approve the following licenses: Cigarette License Bunny's Dari Superette 1500 - 55th Ave. No. Northern States Power 4501 - 68th Ave. No. Rog & Jim's Superette 6912 Osseo Road Shoppers' City 3600 - 63rd Ave. No, Gasoline Service Station Licensa Erookdale Mobil Service 5710 Xerxes Ave. No. Brooklyn Center Mobil Service 6100 Osseo Road Shoppers' City 3600 - 63rd Ave. No. Non- Intoxieati Malt Liquor "O ff -Sale" 1•3.cense Bunny's Dari Superette 1500 - 55th Ave. No, Shoppers' City 3600 - 63rd Ave. No. I ,Jgn- Intoxicatim Malt Liquor "On -Sale" License Duoos Bros. Post No. 630 4307 - 70th Ave. No. k -6- Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager and Council next discussed an ordinance draft regulating the use and operation of snowmobiles. The Council requested the City Manager to establish a date when public comments could be heard in regards to a proposed snowmobile ordinance. Motion by John Leary and seconded by Theodore Willard to create the position of Acting Park Foreman at a salary of $688.00. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to adjourn the meeting, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council meeting adjourned at 11 :38 P.M. 6 Cle Mayor -7-