HomeMy WebLinkAbout1969 05-05 CCM Special Session Minutes of the Proceedings of the City 2
Council of the City of Brooklyn Center
In the County of Hennepin and State of
Minnesota
May 5, 1969
The City Council met in special session and was called to order by
Mayor Philip Cohen at 7 :32 P. M.
Roll Call: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and
Theodore Willard. Also present were: D. G. Foss, Paul Holmlund, Charles
Van Eeckhout, Richard Schieffer, Thomas O'Hehir, jean Murphey and
Bambridge Peterson.
Reverend William Broker of St. Alphonsus Church offered the invocation.
Commander Watson Eggerud of the American Legion Duoos Post #630
presented the City with a gas operated "Flame of Freedom" torch for use at
the City's discretion.
Motion by Howard Heck and seconded by Earl Rydberg to accept the
torch with gratitude as a gift from the American Legion Duoos Post #630.
Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and
Theodore Willard. Voting against were: none. Motion carried unanimously,
Motion by john Leary and seconded by Howard Heck to approve the
minutes of the April 21, 1969 meeting as submitted. Voting in favor were:
Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard,
Voting against were: none. Motion carried unanimously.
Member Theodore Willard introduced the following ordinance# moved
to declare a complete second reading and further moved its adoption:
ORDINANCE NO. 69 -10
AN ORDINANCE AMENDING CHAPTER 3 TO INHIBIT UNAUTHORIZED
ENTRY INTO MULTIPLE DWELLINGS BY REQUIRING SECURITY LOC,�KS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
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FOLLOWS:
Section 1: Chapter 3 of the City Ordinances is hereby amended by
the addition of the following:
4 Section 3 -102.4
(5) Security System and Devices
(a) For the purpose of providing a reasonable amount
Of safety and general welfare for persons occup ing
multiple family dwellings, a n approved security system
Shall be provided for each multiple family building to
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control access. The security system shall consist of
locked building entrance or foyer doors,, and locked doors
leading from hallways into individual dwellingunitss,,,
Dead latch type door locks shall be provided with lever
knobs (or doorknobs) on the inside of building, entrance
doors and with key cylinders on the outside of building
entrance doors. Building entrance door latches shall
of atype that are permanently, locked from the outside
and permaneogy unlocked from the inside.
fib) Every door that is designed to provide ingress or
egress for a dovelling unit within a multiple family binding
shall be equipped with a lock that has a deadlocked bolt
that cannot be retracted by end pressure, provided however,
that such door shall be openable from the Inside without the
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use of a key or any special knowledge or effort,
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C0 A description of proposed building security systems
Gc lu_ding types of door locks and keying provisions, shall
be sub_ bmitted for approval of the Building Inspector.
_(d) All existing multiple family buildings not conforming
with subsection (b) shall be corrected, modified, adjusted
or otherwise made to comply with the above requirement not
later than November 1, 1969
Section 2: This ordinance shall be effective after adoption and thirty
(30) days following its legal publication.
Adopted this 5th day of May, 1969
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, Earl Rydberg, Howard Heck and Theodore
Willard; and the following voted against the same: none, whereupon said
ordinance was declared duly passed and adopted.
Member Theodore Willard introduced the following resolution and moved
its adoption, and further moved that his related memorandum to the City Council
dated April 18, 1969 be incorporated into the minutes of this meeting:
RESOLUTION NO. 69 -188
RESOLUTION DENYING PLANNING COMMISSION APPLICATION
N0.68077 SUBMITTED BY R. WILLIAM REILLY
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, 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 briefly discussed a resolution providing for the issuance
and sale of bonds. The City Manager recommended to the Council that action
be deferred until May 12, 1969 to permit some modifications.
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The City Council next considered Planning Commission Application
No. 69023 submitted by Fireside Realty, requesting rezoning from R -1 (one
family residence) to the R -2 (two family residence) classification, property
generally located in the 5400 block of Russell Avenue North. The City Manager
gave a brief overview of the application to the Council.
f Mayor Cohen then called upon the applicant, Mrs. Ethel Magnuson of
'a Fireside Realty, to discuss the subject application.
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Motion by Theodore Willard and seconded by Howard Heck that the City
Manager be instructed todraft a resolution approving Application No. 69023
requesting rezoning from R -1 (one family residence) to the R -2 (two family
k residence) classification that property generally located at the northeast comer
of 54th and Russell Avenues, which draft resolution shall incorporate the following:
1, That the subject application is consistent with Comprehensive Plan
guidelines cited on page 24 of the City's Comprehensive Plan and that the
subject application is not inconsistent with Plan recommendation No, 3
on page 56 of the City's Comprehensive Plan.
2. That the subject property is a corner lot contiguous to an R -2 zone
on one side and that another side faces a park..
3. The subject property is substantially in excess of the minimum ,
requirements for R -2 use thereby providing adequate open space for
compatibility with the neighborhood.
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4. The implications of the Planning ' Commission to favor a division
of subject property into two substandard R -1 lots is not consistent
with the policy of the City Council for the southeast area.
S. The possibility that the subject property is a corner lot may create
setback requirements problems if divided into two substandard R -1 lots.
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.
69024 submitted by Super Valu Stores, Inc,, requesting site and building plan
approval for a super market to be located at 5801 Xerxes Avenue North. The
City Manager gave a brief overview of the application to the Council. Mayor
Cohen called upon the applicant to discuss the site and building plans and
model with the Council.
Motion by john Leary and seconded by Earl Rydberg to approve Planning
Commission Application No. 69024 with the following conditions and stipulations:
1. The fence along Northway Boulevard shall be extended easterly
to a point approximately fifty (50) feet from the north entrance of
the parking lot.
2. The greenstrip along Northway Boulevard between the north
entrance to the parking lot and Xerxes Avenue shall be constructed
in a berm -like manner and at least five (5) feet above the parking
lot elevation.
3. The proposed incinerator method of waste disposal is not approved.
4. Utility and drainage plans are subject to the approval of the
City Engineer.
5. Building plans are subject to the final approval of the Building
Inspector with respect to applicable building codes.
6. 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 Council next considered Planning Commission Application No.
69025 submitted by Miles Construction Co. requesting amended site and building
plan approval for garages which are a part of the apartment project (Application
No. 67022) approved February 5, 1968.
Motion by Howard Heck and seconded by john Leary to approve
Planning Commission Application No. 69025 with the following conditions,
and stipulations
1. wilding plans are subject to the approval of the Building Inspector
with respect to applicable building codes.
2. The performance bond and performance agreement covering approval
of site improvements for the apartments (Application No. 67022)
apply to this application as well.
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 :58 P. M. and resumed at 9 :17 P. M.
In the absence of Mayor Cohen, Mayor Pro-tem Howard Heck assumed
the Chair.
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Motion by Theodore �ATillard and seconded by John Leary to direct the
City Manager to institute necessary procedures to prohibit parking on the east
side of Halifax Avenue, 69th to 71st Avenues and on the west side of Halifax
Avenue from 69th to 70th Avenues. Voting in favor were: John Leary, Earl Rydberg,
Howard Heck and Theodore Willard. Voting against were: none. Motion carried
unanimously.
Mayor Cohen returned to the meeting at 9:25 P. M.
Motion by Theodore Willard and seconded by Earl Rydberg to approve
the Brooklyn Center Fire Department Relief Association's purchase of a Federal
Land Bank bond at the cost of $5,003.13 and at the interest rate of 6.8% which
will mature on February 23, 1971. Voting in favor were: Philip Cohen, John Leary,
Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none.
Motion cattied unanimously.
Member John Leary introduced the following ordinance, moved to declare
a complete second reading and further moved its adoption:
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ORDINANCE NO. 69 -11
AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES
BY REPEALING SECTION-7-601 THROUGH SECTION 7 -605 THEREOF
THE CITY COUN1'CIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN
AS FOLLOWS:
Section 1: Chapter 7 of the City Ordinances is hereby amended by the
repeal of the following sections:
(Section 7601. TIME USED RESTRICTED. No auto trailer shall be
permitted to be used as a home or parked in the Village of Brooklyn Center to
exceed sixty days (60) from the time of arrival in said Village.
Section 7 -602. NUMBER OF PERSONS USING RESTRICTED. The number
of persons occupying any such trailer shall not exceed the number allowed by
the State Health Laws regarding number of feet of air space per person.
Section 7 -603. GROUNDS TO BE KEPT CLEAN. The grounds upon which
said trailer is parked shall be kept clean and free from all garbage, cans and
refuse.
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Section 7 -604. SEWAGE DISPOSAL RESTRICTED. The disposal of sewage
from said trailer shall be taken care of in a way which will not pollute drinking
water of adjoining property.
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F Section 7 -605. VIOLATIONS AND PENALTY. Violation of any of the
provisions of this ordinance shall be punishable by a fine of One Hundred ($100.00)
Dollars or ninety (90) days in the county jail.)
Section 2: This ordinance shall be effective after adoption and upon
thirty days following its legal publication.
Adopted this 5th day of May, 1969.
The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted.
The Council next considered Planning Commission Application No. 69026
submitted by Robert Schultz requesting permission to repair the structural failure
of the enclosed swimming pool and attached shed on his property located at
5332 North 4th Street. The City Manager recommended to the Council that they
table this application to May 12th and make an on -site inspection, It was the
consensus of the Council that they would make an on -site inspection to subject
application's property at 9 :30 A. IM, Saturday, May 10, 1969.
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Motion by Howard Heck and seconded by Earl Rydberg to table until
May 12, 1969 Planning Commission Application' No. 69026 submitted by Robert
Schultz to permit the Council to personally inspect the subject property.
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 requested authority to advertise for bids for backstop
extensions at Grandview Park; base -line fencing at Grandview Park and protective
fencing at Riverdale Park. Funds for the backstop extensions are provided in
the 1969 operating budget. Funds for the base -line and protective fencing are
provided for in the Capital Projects Fund. Fencing costs are estimated to be
$3500.00 and backstop extensions estimates are $200.00.
Motion by Earl Rydberg and seconded by Howard Heck to authorize the
City Manager to advertise for bids for backstop extensions at Grandview Park;
base -line fencing at Grandview Park and protective fencing at Riverdale Park.
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 reported to the Council a claim that weed control
costs were assessed to the wrong property, specifically that of Mr. Dean
Bentley of 6731 Quail Avenue North. The City Manager recommended that
the claim was valid and that the error consisted of transposing legal descriptions.
He recommended to the Council that Mr. Bentley be reimbursed $51.50 and that
the reimbursement be paid out of the City Council's contingency fund.
Motion by Howard Heck and seconded by John Leary to approve the claim
and authorize the reimbursement to Mr. Dean Bentley for $51.50 that was
mistakenly levied against his property for weed assessment. Voting in favor
were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard
Voting against were: none. Motion carried unanimously.
The Council and City Manager next discussed propose legislation that
would deal with fiscal disparities in the metropolitan area. The City Manager
mentioned that within the three remaining weeks of the Minnesota State Legisla-
ture there could possibly emerge a bill redistribution of property tax
revenue in the metropolitan area. Limited discussion ensued over the proposed
legislation which would'freezd'a city's industrial- commercial tax base and
distribute 40% of commercial and industrial property tax growth throughout the
metropolitan area on a population basis.
Mayor Cohen pointed out to the Council that two years ago the Citizens'
r League submitted a tax sharing revenue bill which was favorably considered
by the (then) Council. It was the consensus of the Council to oppose the
proposal based upon information currently available since the proposal could
f possibly be detrimental to Brooklyn Center. It was the further consensus to
f rather favor the Citizens' League tax sharing revenue proposal of two years ago.
The City Manager announced that there wI11 'be•.a Capital .Improvements
meeting Thursday, May 8, 1969 at 7 :30 P. M. along with the Citizens Architectural
Advisory Committee to consider preliminary drawings and a model of the municipal
service garage and to consider schematic plans for the east side fire station,.
Councilman Heck announced to the Council that at the last monthly
meeting of the Hennepin County League of Municipalities Councilman Willard
was elected as Director.
Motion by Howard Heck and seconded by Earl Rydberg 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 unani-
mously. The Council meeting adjourned at 10:37 P. M.
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Clerk Mayor
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