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Home My WebLink About1969 06-30 CCM Special Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota June 30, 1969 The City Council met in special session and was called to order by Mayor Philip Cohen at 7 :33 P. M. Roll Call: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Also present were: D.G. Poss, C.E. Van Eeckhout, Richard Schaeffer, James Merila, Thomas O' Hehir and B.E. Peterson. c offered e h Reverend Wayne e s of Cross o to Lutheran Church yne M n ing C f Glory L I I the invocation. I Motion by Howard Heck and seconded by Earl Rydberg to approve the minutes of the June 16, 1969 meeting as submitted. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Councilman Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -255 RESOLUTION RELATING TO $2 GENERAL OBLIGATION BUILDING AND IMPROVEMENT BONDS OF 1969, FIXING THE FORM AND SPECIFICATIONS, DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Earl Rydberg introduced and read the following written resolution and moved its adoption: RESOLUTION NO. 69 -256 RESOLUTION RELATING TO $755 IMPROVEMENT BONDS OF 1969, FIXING THE FORM AND SPECIFICATIONS THEREOF, DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilman Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, 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 City Manager related that he had secured quotations from Crown Iron Co. and from Norman Ganz in the amounts of $864.00 and $1361.00, respectively, to install 180 ft. of 10 foot high chain link fencing at BeUvue Park. He stated that the fence installation would reduce the nuisance frequency of balls landing in yards and gardens adjacent to left field of the Bellvue ball field. Motion by Howard Heck and seconded by Theodore Willard to authorize the City Manager to cause the installation of such fencing by Crown Iron Co. at the cost of $ 864.00. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -1- At this time the City Manager informed the Council of a notice of claim from the law office of Attorney Roger A. Johnson filed on behalf of Roger Dunkle# as parent and natural guardian of Cynthia Dunkley and Brian Dunkley, said notice pertaining to an accident which occured on May 22 1969 along Awing Avenue North between 57th and 58th Avenues. Motion by Theodore Willard and seconded by Earl Rydberg to acknowledge the notice of claim received June 16, 1969. Voting in favor were: Philip Cohen,, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager related that 1969 -70 Workman's Compensation Insurance proposals were received from Allied Mutual Insurance Co. and Sentry Insurance Co. and recommended that the dividend schedule of Allied Mutual Insurance Co. would likely be most advantageous to Brooklyn Center. Motion by Earl Rydberg and seconded by Howard Heck to award Workman`s Compensation Insurance to Allied Mutual Insurance Co. Voting In favor were: Philip Cohen, 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 -13 AN ORDINANCE VACATING THAT PORTION OF 72ND AVENUE LYING WIT,�'.-IIN �1=RENE ADDITION P, LAT 2 . IYOb1Yl � THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: That ,00rtion of 72nd Avenue North_, lyfna within Nazarene Addition Plat 2 g ity of Brooklyn Center Cou= of Henne in is hereby vacated da asa_ public street. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 30th day of June,, 1969. 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, 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 Howard Heck introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 69 -14 AN ORDINANCE AMENDING CHAPTER 35 -400 RELATING TO MINIMUM, USE DISTRICT REQU_IREMENTS ,_______, . THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Section 35 -400 is hereby amended as follows: Section 35 -400, TABLE OF MINIMUM DISTRICT REQUIREMENTS. ry= use o€ w thin he Cit of enter shall co arm to the . la d following minimum req uirements which are apj2lkcable to the Land Use District in which such use is contemplated. Section 2: Section 35 -400 (1) is hereby amended by the following additions: -2- _(c) Where development is contemplated in R -3 L R --4, R -5, R -6 +��rnr—.wr.■.rrr.r..rr.n.r rrr.� _W.....r1, , Lr. �..rrr.r.rrWrWrr■r■ or_R_7_Land use Districts, the minimum land area per dwelling unit may be reduced, as hereinafter provided, upon a findi - - - ■ rrrrlrr r..rwrr.�i �rrrnr� rmr.w—�. ■ r■r1 . I by City Council that the following standard, s have been met: 1., the proposed development is in a section of the City which is in need of Public Open Space facilities. � -r. I �WI..rII�r� I� Mr■� 2... the property owner has demonstrated a willingness to convey lands to the City for Public Open Space . purposes. W ril ■.. l.r■Ii W.r r 3. the physical relationship between the buildings within i _r. r rr �.r.rralrr�.rri _ r L. r the proposed development and the proposed Open Space Area afford to the occupants thereof a reasonable measure - I ■ r' .r�.r�rr.r�..r.r..rr■�. rr I of visual relief from the mass and bulk of the buildings r...r....�r within the development. r�I�.r1�1■ ..r..r. 4, the physical relationship among the buildings within the propose development afford to the occupants thereof a ■ i ■ rrlrr�r.�.. ..r r reasonable measure of visual relief from the mass and bulk of the buildings within the development. S. the phxs relationship b etween the buildings within the proms d development and the proposed Open Spa, ce Area afford to the occupants thereof a reasonably proximate recreational area. 6. the proposed development plan provides, through land_ - sc„ aPLng, plantings, natural or artificial buffering, or placement,, that vehicle storage facilities, vehicle and pedestrian traffic movements, and other accessory structures and uses within the development are designed to avoid disruption of pedestrian activities and allow the maximum use of open space areas, . r both public and private, for recreational purposes. Willingne_ ss to donate land,, as provided in standard 2 above shall be evidenced by land conveyance documents in a form satisfactory to the-My Anorne describing th�els to be�conveyed, signe I& the fee owner thereof and placed in escrow with the City Attorney_ at the time of the filing of the Application for Rezoning if a rezoning of lands is contemplated, or,, If no rezoning is contemplated at the time of,f, i ink an Application for Plan Approval as provided .—...r...rrlr.l_r in Section 35-230 of this Ordinance. The amount f reduction in minimum land area requirements shall be calculated in terms of Density Credits. One Credit shall consist of the following, respectively: Zoning District One Density gLedit rr.— ..rrLi�..r.�r. +wrrW rrr R3 8 dwelling units per acre R4 12 dwelling units per acre R5 16 dwelling units Per acre R6 24 dwellings per acre R7 31 dwelling units per acre The number of Density Credits allowable shall be determined by the City Council on Plan Approval as provided in Section 35 -230 of this Ordinance. The number of Density Credits allowable shall be limited as the public interest demands, such limitation being based upon the extent to which the proposed development conforms to the standards as hereinbefore set forth, but in no case shall exceed dneDensity Credit for each acre of land to be conveyed for Public Open Space purposes. -3- Section 3: This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 30th day of June, 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, 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 Earl Rydberg introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 69 -15 AN ORDINANCE CHANGING THE NAME OF OSSEO ROAD TO BROOKLYN BOULEVARD THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 25 of the City Ordinances is hereby amended by the addition thereto of the following: Section 25 -412, OSSEO ROAD - BROOKLYN BOULEVARD. To the extent that it is located within the City of Brooklyn Center, State Trunk Highway 152, also known as Osseo Road is hereby renamed Brooklyn Boulevard effective October 17, 1970. Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 30th day of June, 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, 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 ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 69 -16 AN ORDINANCE AMENDING CHAPTER 35 REGARDING SIGN REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 35 of the City Ordinances is hereby amended by the repeal of the following section: (Section 35 -1240. SIGN REGULATIONS. With the exception of signs which Legally existed prior to June 23, 1969" it shall be unlawful for any person, firm or corporation to erect, place or maintain any freestanding business sign or cause or permit the same to be done without the express approval of the City Council. Whoever does any act or omits to do any act which thereby constitutes a breach of this ordinance shall upon conviction thereof by lawful authority, be punished by a fine not to exceed bne hundred dollars ($100.00) or by imprisonment not to exceed ninety (90) days.) Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 30th day of June, 1969. -4- 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,, Earl Rydberg, Howard Heck and The odore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration Y 9 P of proposed Curb & Gutter Improvement Project No. 1969 -75, The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on June 26, 1969, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor reminded the Council of a petition previously presented by Mr. John Gulenchyn of 6130 Bryant Avenue North requesting removal of the 6100 block on Bryant Avenue North from the curb and gutter improvement area. A discussion ensued regarding the ramifications of the request. The Mayor then called upon property owners present to present arguments either for or against the proposed improvement. (Councilman Theodore Willard left the meeting at 8 :67 P.M.). After hearing and considering comments from affected property owners, a motion was made by Howard Heck and seconded by Earl Rydberg to close the public hearing on Curb & Gutter Improvement Project No. 1969 -75. Voting in favor were: Philip Cohen, Earl Rydberg, 'and Howard Heck. Voting against were: none. Motion barried unanimously. Council members proceeded to discuss the matter with specific reference to the possible removal of the 6100 block of Bryant Avenue North from the project area. A consensus of the City Council developed to approve the public hearing and order construction of Curb & Gutter Improvement Project No. 1969 -75 with the direction to the City Engineer that no curb and gutter construction shall take place in the 6100 block of Bryant Avenue until specific conformation is issued by the City Council at its meeting of July 14, 1969. It appearing that the majority of property owners were in favor of said improvement project, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -257 RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER IMPROVEMENT PROJECT NO. 1969 -75 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, Earl Rydberg, and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The meeting recessed at 9 :23 P. M. and resumed at 9:53 P. M. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -258 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CURB & GUTTER CONTRACT 1969 -E) 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, Earl Rydberg and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -5- At this time the City Manager reported to the Council regarding the special election of July 15, 1969 and informed the Council that the City Clerk has set up the election machines and that the informational brochure on split- liquor will be mailed to all residents on Wednesday, July 9, 1969. The City Manager next announced to the Council that the Council and the Citizens Architectural Advisory Committee (CAAC) will be meeting on Wednesday, July 9. 1969 to review construction drawings relating to the mintcipal service building and the east side fire station. The City Manager reported that Cerny Associates are in the process of enlarging the preliminary drawings of the Civic Center in order to better coordinate functional relationships. The City Manager responded to Mayor Cohen's question regarding bid opening dates for the East Side Fire Station and the Municipal Service Building by stating that bids would probably be opened approximately three or four weeks from July 9, 1969. The City Manager next brought to the Council's attention a letter from Northern States Power Co. dated June 24, 1969, setting forth the company's future rate policy relating to the installation of underground electrical facilities for residential areas. At this time the City Manager brought to the Council's attention a claim from Richard L. Sorreils regarding reimbursement for a day of work lost when he was subpoenaed as a witness to an event which occurred while he was performing as a volunteer in the Brooklyn Center Police Reserve. The City Attorney advised the Council that approval of such a claim may be legally improper, whereupon the matter was referred to the City Attorney for review and recommendation. Motion by Howard Heck and seconded by Earl Rydberg to approve the final plat of Grosser Addition. Voting in favor were: Philip Cohen, Earl Rydberg, and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Howard Heck to approve the following licenses: Food Establishment License King's Food Host U. S.A. 5601 Xerxes Ave. No. Rog & Jim's Superette 6912 Osseo Road Garbage and Refuse Hauling License Bautch Disposal Service 2931 Marshall Street N.E. Gas Piping License Pierre- Aircon Co. 1322 Ricb Street, St. Paul Heating License Pierre- Aircon Co. 1322 Rice Street, St. Paul Gasoline Service Station License Dan Ryan's Brooklyn Center "66" 6850 Osseo Road Non - perishable Food Vending Machine License Rog & Jim's Superette 6912 Osseo Road Sign Hanger's License Lake Way Signs & Displays 10810 Wayzata Blvd. Voting in favor were: Philip Cohen, Earl Rydberg and Howard Heck. Voting against were: none. Motion carried unanimously. -6- Motion by Howard Neck and seconded by Earl Rydberg to adjourn the meeting, Voting in favor were; Philip Cohen, Earl Rydberg and Howard Heck. Voting against were; none. Motion carried unanimously. The Council meeting adjourned at 10:30 P.M. Cl k Mayor I -7-