Loading...
HomeMy WebLinkAbout1969 08-11 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 August 11, 1969 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :32 P. M. Roil Call: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard (arrived at 8 :06 P. M.), Also present were: D. G. Foss,, C.E. VanEeckhout, Paul Holmlund, Richard Schieffer, B,E. Peterson and Robert Haarman, Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -266 i RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM FOR ATHLETIC FIELD AND HOCKEY LIGHTING 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. The Council next considered Planning Commission Application No. 69047 submitted by Midwest Federal Savings and Loan requesting site and building plan approval of an office to be located at 5545 Xerxes Avenue North. The City Manager gave a brief overview of the subject application and called upon Planning Commission Secretary Robert Haarman to explain the site and building plans to the Council, After a review and discussion with the applicant a motion was made by Howard Heck and seconded by Earl Rydberg to approve Planning Commission Application No. 69047 subject to the following conditions: 1, That the concrete apron at the entrances to this site should rise so as to accomodate sidewalks; 2. The width of the parking spaces in the parking lot shall be increased to at least 8 ft. 8 in. in conformance with Ordinance standards; 3. That utilities and drainage plans are subject to the approval of the City Engineer; 4. That building plans are subject to the approval of the Building Inspector (with respect to applicable building codes) 5. That a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements designated on the plans submitted; 6. That signs are subject to provisions of the Sign Ordinance. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -1- The Council next considered Planning Commission Application No. 69048 submitted by St. Alphonsus Church requesting site and building plan approval for a single story,, 1600 sq. ft. youth center. The City Manager gave a brief review of the application and Planning Commission Secretary Robert Haarman explained the site and building plan to the Council. After a review and discussion with the representative of the application, Michael Adams,, a motion was made by Theodore Willard and seconded by John Lea to approve Planning Commission Application o 69048 J Leary PP g C pp N subject j to the following conditions: 1. That utility and drainage plans are subject to the approval of the City Engineer; 2. That building lans are subject to the ap of the buildin P 7 PP g Inspector with respect to applicable buildin g codes, 3. That 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. Voting in favor were; Philip Cohen,, John Leary, Earl Rydberg, Howard Heck and Theodore Willard 'I Voting against were. none. Matson carried unanimously. I The City Council next considered Planning Commission Application No. 69007 submitted by Edward Woody requesting site and building plan approval for a Tom Thumb Store to be located in the 6800 block of Humboldt Avenue North. At this time the City Manager gave an extensive review of the subject application pointing out that the Council had reviewed the application at its meeting of March 24,, 1969. He also related to the Council that since that time he has had numerous meetings with a representative of Tom Thumb Stores, Mr. Engstrom,, and that he has been unsuccessful in conveying to Mr. Engstrom that the proposed site and build plans were el building p unreliable and inadequate in that they were not prepared by professional people and they lacked satisfactory information on drainage or elevations of adjacent property. The City Manager then presented the site and building plans to the Council for review. Mayor Cohen called upon City Engineer an Eec Po tY g V knout for his opinion on the subject application, Mr. Van Eeckhout responded that in his opinion the site and building 1a Po p g s were plans Inadequate in that they did not convey adequate and reliable information necessary to make a reasonable decision. The City Manager then commented that the Building inspector found that the structural plans met the bare minimum requirements. Mayor Cohen explained to the applicant,, Mr. Engstrom, what the role of the City staff is and how the Council relies on the City staff's recommendation. Mr. Engstrom stated that he would have an architectural firm draw the site and building plans,, but that he had hoped that he could get approval from the Council this evening so that Mr. Woody could divide his . ro ert P P Y After the discussion a motion was made by John Leary and seconded by Theodore Willard to re -table Planning Commission Application No. 69007 because the applicant failed to meet the conditions stated by the City Council on March 24,, 1969. 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 Earl Rydberg to approve the minutes of the July 28,, 1969 meeting as submitted. Voting in favor were; Philip Cohen,, Earl Rydberg and Theodore Willard (John Leary and Howard Heck abstained). Voting against were: none. Motion carried. The meeting recessed at 9:10 P. M. and resumed at 9 :22 P.M. At this time Mayor Cohen announced two appointments to the Brooklyn Center Human Rights Commission,, Mrs, Jeri Niznik and Mr. A. P. W) Weyruach to replace Human Rights Commissioners Mr. Floyd Anderson and Mr. James Knight respectively. -•2- Motion by Theodore Willard and seconded by Earl Rydberg to confirm Mayor Cohen's appointment of Mrs. Teri Niznik of 7112 Major Avenue North to replace Mr, Floyd Anderson and Mr. A. P. {Al) Weyruach of 6407 Orchard Avenue North to replace Mr. James Knight on the Human Rights Commission. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Vct ing against were: none. Motion carried unanimously. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -267 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM _(M. &A. CONTRACT 1969 -F) 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. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -268 RESOLUTION AMENDING THE PUBLIC UTILITIES DIVISION RATE SCHEDULE AS IT PERTAINS TO METER DEPOSITS 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. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -269 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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 declard duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -270 RESOLUTION AMENDING REIMBURSEMENT POLICIES 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 (Theodore Willard abstained); and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following ordinance and moved its adoption: ORDINANCE NO. 69 -18 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RE ING ADMINISTRA IVE PERMITS -3- THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -800 is hereby amended as follows: No person shall use his property or /and assist, countenance or allow the use of his or of anther's property located within the municipality for any of the following purposes or uses without first having obtained a permit from the City zoning official. The use shall not for the duration of the permit, considering the time of year,, the parking layout for the principal use, the nature of the proposed use and other pertinent factors, substantially impair the parking capacity of the principal use or impair the safe and efficient movement of pedestrian and vehicular traffic either on or off the premises. A waiver from (the) certain_ provisions of the sign ordinance and from certain parking require- ments of this ordinance is implied by the granting of an administrative permit, but only for the duration of the permit and to the extent authorized by said permit. Section 2: Section 35 -800,, Subdivision 2 (b) is hereby amended as follows: Miscellaneous out of door retail sales or displays or promotional events ( (not including licensed motor vehicle dealer sales) ) for periods not to exceed 10 consecutive days. Two such 10 day permits may be allowed per premises per calendar year. The permit fee shall be $2.00. Section 3: This ordinance shall become effective after adoption and upon 30 days following its legal publication. 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, 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: ORDINANCE NO. 69 -19 AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 34 -130, Subdivision 3 is hereby amended as follows: Signs that resemble any official marker (enacted) eructed, by a governmental agency or that display such words as "Stop" or "Danger ". Section 2: Section 34 -130, Subdivision 6 is hereby amended as follows: Signs or sign structures that obstruct any window,, door,, fire escape, stairway or opening intended to provide ingress or egress for any building structure. With reference to commercial and industrial districts signs painted on the inside glass portion of windows or doors are permitted. Section 3: Section 34 -130, Subdivision 9 is hereby amended as follows: Portable signs, except as provided in Section 34 -140, Subdivision f. unless approved in conjunction with an administrative permit as provided in Section 35 -800 of the City Ordinances -4- Section 4: Section 34 -140, Subdivision 1 -a is hereby amended as follows: Where a (business) sign is illuminated, the beam of light shall not shine directly upon any part of a residence or into the street. Section 5: Section 34 -140, Subdivision 1 -b is hereby amended as follows: No (wall or) projecting sign shall (project more than 96 inches out from the wall to which it is attached.) _project more than 96 inches out from the wall to which it is attached; extend above the roof line; exceed the area of a freestanding sign which might be permitted according to Table 34-A of this ordinance. Section 6: Section 34 -140, Subdivision 2 -b is hereby amended as follows: Freestanding site pedestrian, vehicular - traffic, and parking directional signs (are) as appropriate, provided such signs are less than thirty -six (36) square feet in area. Section 7: Section 34 -140, Subdivision 2 -f is hereby amended as follows: Portable and freestanding political signs for a period of not more than sixty (60 ) days before and ten (10) days after an election provided no one sign is greater than sixteen (16) square feet in area. Free- standing (Such) political signs may be installed only upon private property with the permission of the property owner who shall be responsible for removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal political sign shall be held responsible therefore. Section 8: Section 34 -140, Subdivision 3 A (1) is hereby amended as follows: Wall Signs, Projecting Signs and Roof Signs. Each establishment or enterprise may have wall signs and projecting signs on each wall, provided the aggregate area of such signs does not exceed 30% of the area of the wall supporting the signs. Each establishment or enterprise eligible for a freestanding sign may instead elect to have a roof sign for identification in lieu of a freestanding identification sign, (provided that the sign does not exceed the respective area and height as prescribed in (2) (a) below.) provided that the sign does not extend more than six _(6) feet above the roof line or more than the respective height as prescribed in Table 34A, whichever is lesser, and further provided that the sign does not exceed the respective area as prescribed in Table 34 A. Section 9: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. 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 ordinancewas declared duly passed and adopted. -5- Member Earl Rydberg introduced the following ordinance and moved its adoption: ORDINANCE NO. 69 -20 AN ORDINANCE REDEFINING PENALTIES FOR MISDEMEANOR VIOLATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: The following penalty sections of the City Ordinances shall be amended to provide for a misdemeanor penalty not to exceed $300.00 and 90 days imprisonment: Section 1 -110. Penalty. Section 3 -906. Penalty for violations. Section 3 -1012. Penalties. Section 4 -701, Penalties. Section 5 -108 Penalties. Section 5 -211. Penalty, Section 5 -302. Penalty. Section 5 -402. Penalty. Section 7 -123. Penalty. Secticn 7 -402. Violation and Penalty. Section 7 -504. Violations and Penalty, Section 7 -704. Violations and Penalties. Section 8- 128.01. Penalty for Violation. Section 11 -115. Penalty, Section 11 -207 Enforcement and Penalty. Section 11 -304. Penalty. Section 11-405. Penalty. Section 11 -512. Penalties. Section 13 -202. Penalties. Section 15 -114. Violation and Penalty. Section 19 -102, Violation and Penalties, Section 19 -201, Loitering Section 19 -212, Cruel Treatment to Animals. Section 19 -215. Penalty. Section 19 -307. Penalties. Section 19 -404, Section 19 -502. Penalty. Section 19 -601.2 Acts Constituting Section 19 -702. Penalty. Section 19.805. Penalty. Section 19 -902. Acts Constituting. Section 19 -1005, Penalty. Section 19 -1103. Forbidden Conduct. Section 19 -1104, Section 19 -1105. Unlawful Assembly. Section 19 -1106. Section 19 -1108. Penalty. Section 19- 1126.. Penalty. Section 19 -1132, Penalty. Section 19 -1138. Section 19 -1202, Penalty. Section 19 -1307. Penalty. Section 21 -113. Penalty. Section 23- 012.02. Section 23 -107, Penalty. Section 23- 201.02. Penalty, Section 23- 209.06. Penalty. Section 23 -410. Penalty. -6- Section 23 -608, Penalty. Section 23 -607. Penalty. Section 23 -709. Penalty. Section 23 -805, Violations. Section 23 -1008, Penalty. Section 23- 1111, Penalty. Section 23 -1222. Penalty. Section 23 -1305. Penalty. Section 25 -102. Violation and Penalties. Section 25 -384. Violation and Penalty, Section 27 -107, Penalty. Section 27 -204. Penalty.. Section 27 -402. Penalty. Section 27 -602, Penalty. Section 27 -804. Penalty. Section 31 -110. Penalty. Section 31 -213. Penalty. Section 34 -210. Penalties. Section 35 -1040. Penalties, Section 2; This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication, 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, Howard Heck and Theodore Willard; and the following voted against the same; none, whereupon said ordinance was declared duly passed and adopted. Motion by john Leary and seconded by Howard Heck to approve the Brooklyn Center Fire Department Relief Association investment as proposed in a letter from the association dated July 31, 1969, 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 Earl Rydberg to approve the following licenses; Cigarette License Canteen Company of Minnesota 3410 - 48th Ave, No. R.E. Fritz, Inc. Brookdale (Dayton's) Gasoline Service Station License_ Brookdale Pure Oil 6840 Humboldt Ave. No. Gas Piping License Loosen Plumbing & Heating Long Lake, Minn. Kluck Plumbing 5226 Dupont Ave. No. Swenson Heating & Air Cond. 6648 West Broadway Heating, License Loosen Plumbing & Heating Long Lake, Minn, Swenson Heating & Air Cond, 6648 West Broadway Non- Perishable Food Vending Machine License Brookdale Fashion Beauty Salon 1256 Brookdale Center Brookdale Shell 1505 - 69th Ave. No. Brooklyn Center Shell 6245 Osseo Road Brooklyn Pure Oil 69th & Osseo Road Canteen Company of 1VIinnesota 6300 Penn Ave. So. Christy's Auto Service 5300 Dupont Ave, No. Coca Cola Bottling Co. 101 Central Ave. S.E. Continental Sign & Adv. Co, 4315 - 70th Ave, No, -7- Don Mason' a Northbrook Barber Shop 5708 Morgan Ave, No, R.E. Fritz, Inc. 8039 Lewis Road Lynbrook Bowl 6357 North Lilac Dr, Metropolitan Life Ins, Co. 2950 Co, Road 10 Northbrook Minnesota Fabrics 5702 Morgan Ave. No. Prudential Insurance Co. 5650 Lilac Drive Super America 1901 - 57th Ave. No. Verle's Freeway Shell 6545 Lyndale Ave. No. Western Stores, Div, 1400 So, Lilac Drive Readily Perishable, F� din Machine License Canteen Company of Minnesota 6 300 Penn Ave. So. Special Food Handling License Denny's Standard 6900 Humboldt Ave. No. Freddie's Super Service 6601 Lyndale Ave. No. Well Drilling License Wally Malenke Well Co. 9580 Quaker Ln., Osseo Voting in favor were; Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none, lviotion carried unanimously. After an extensive discussion of the proposed liquor ordinance, a motion was made by Howard Heck and seconded by Theodore Willard to declare a first reading on the following ordinance: AN ORDINANCE RELATING TO LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING PQUOR Voting in favor were; Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The next item of discussion related to assessment policies. The City Manager stated to the Council that interest rates have gone drastically up in the past year and also that the 1969 Legislature increased interest rates chargeable on special assessments to 8 %. Motion by John Leary and seconded by Howard Heck to establish an interest rate of 8% on all special assessments hereafter levied and further, that an assessment period of 15 years be established for storm and sanitary sewer and for water main assessments levied against Brooklyn Center Industrial Park. 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 -271 RESOLUTION ESTABLISHING MATER MAIN IMPROVEMENT PROJECT NO. 1969 -76 AND STREET SURFACING IMPROVEMENT PROJECT NO 1969 -77 AND ORDERING PREPA 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, 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 adjourn the meeting. Voting in favor were: Philip Cohen, ZJo arl Rydberg, Howard Heck and Theodore Willard. Voting against otion carri ed unanimously, The Council meeting adjo C erk -8- Mayor