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Home My WebLink About1969 12-01 CCM Special Session r _ Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota December 1, 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, Theodore Willard, Earl Rydberg, Howard Heck and John Leary. Also present were: D. G. Poss, P. W. Holmlund, C. E. Van Eeckhout, Richard Schieffer, Thomas O'Hehir, Eugene Hagel and Robert Haarman. The Mayor announced that the first order of business would be consider- ation of a draft snowmobile ordinance. He called upon the City Manager to review the proposed ordinance and events leading up to the present public hearing. The City Manager stated that the draft ordinance reflects the most stringent local regulations possible under the 1969 amendments to the State law and under regulations as established by the Minnesota Conservation Commissioner. He reviewed with the Council comments and reactions received from an ad hoc committee of local snowmobilers. Following the City Manager's presentation, Mayor Cohen called upon interested citizens in the audience for their comments and information relative to the proposed ordinance. During this discussion, the Mayor recognized Jack V. Hoene, Director of Public Affairs with the International Snowmobile Industry Association. Mr. Hoene concluded that the provisions of the ordinance draft were generally reasonable and workable, subject to certain suggested modifications. Discussion of the proposed ordinance among the Council, staff, Mr. Hoene, and interested citizens related primarily to: 1. Operating a snowmobile on the private property of another person with or without first securing the written permission of the owner; 2 Whether or not a person more than 14 years of age but less than 18 years of age with a valid snowmobile safety certifi- cate should be accompanied by a person 18 years or more of age who is actually occupying the seat in or on the vehicle when merely crossing a public street at approximately a 90 angle; 3. Establishment of a reasonable nighttime curfew consistent with operating hours of adjoining communities; 4. Appropriate ways to prevent noisy operations and improper use; 5. Problems associated with multiple uses within City Parks. Following comments from individual Councilmen, Mayor Cohen announced the proposed snowmobile ordinance would again be considered December 15, 1969. The meeting recessed at 9 :03 P.M. and resumed at 9 :23 P.M. At this time, Mayor Cohen recognized Councilman Willard who explained events leading up to the present proposal for the creation of a Conservation Commission within the City of Brooklyn Center. Citing the need for such a commission, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -318 RESOLUTION CREATING A BROOKLYN CENTER CONSERVATION COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR -1- 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 duly passed and adopted. The Council next considered Planning Commission Application No. 69062 submitted by Bill Till, on behalf of Edward Munson, requesting a variance from Section 35 -400, which requires a minimum lot width of 75 ft. (63 ft. pro - posed) for a two - family dwelling at 5344 Camden Avenue North. The applica- tion had been tabled at the Council meeting of November 17th with the con - currence of the applicant. The City Manager reviewed events relative to this application and clarified information previously considered by the Council. It was related that the applicant had been under order instituted by City Council Resolution No. 68 -233 adopted October 7, 1968 to remove the substandard buildings on the subject site and that he did not, therefor suffer hardship by relying on issuance of a duplex building permit as previously contended. Mayor Cohen recognized Messrs. Till, Munson and Stanton who represented the application and answered questions for the Council. Discussion of the application related primarily to the merits of the application and its relationship to established standards for variances. The applicant stated that he was not familiar with ordinance variance standards and stated a reluctance to accept a tabling of the application to permit familiarization with such variance standards. He continued to contend that the previous mistaken issuance of a duplex building permit, since expired, was germaine to the variance issue. Motion by Theodore Willard and seconded by John Leary to uphold the recommendation of the Planning Commission and deny Application No. 69062 because the application did not meet the standards for granting a variance. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard. Voting against: Howard Heck. Councilman Heck explained that he felt the matter should be tabled to permit the applicant to consult the standards for variances. Motion carried. The next item of business to be considered was Planning Commission Application No. 69057, submitted by Parker -Klein Associates, Architects, on behalf of A & W Foods of Canada, requesting site and building plan approval for a restaurant to be known as T J's. Said restaurant is untended for the vacant parcel between Farrell's Ice Cream Parlour and the Green Giant Restaurant. Following its introduction by the City Manager and the presentation of site and building plans to the Council, Mr. Al Roberts a principal with A & W of Canada, answered questions for the Council and asked permission to build the restaurant without a fire extinguishing system as required by Section 3- 102.7. The consensus of the Council was that Section 3 -102.7 was a reasonable requirement that they expected the applicant to comply therewith. A motion was made by Howard Heck and seconded by John Leary to approve Application. No. 69057 with the following..conditions: 1. Utility and drainage plans _ars� subject to the approval of the City Engineer prior to the issuance of a building permit; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A performance agreement and a 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. -2- r Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -319 RESOLUTION TO AUTHORIZE THE PURCHASE OF REVERSIBLE SNOW PLOW,��, 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 duly passed and adopted. Motion by Theodore Willard and seconded by Philip Cohen to approve the minutes of the November 13, 1969 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard. Voting against were: none. (Howard Heck abstained) . Motion carried. Motion by Earl Rydberg and seconded by Howard Heck to approve the minutes of the November 17, 1969 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Theodore Willard and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Howard Heck to approve the minutes of the November 20, 1969 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Theodore Willard and Howard Heck. Voting against were: none. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -320 RESOLUTION AUTHORIZING PURCHASE OF FOUR POLICE CAR$ T,H8OUGH _ HE�T�TE�I�1LQiTTY PU$��1tG A GRENT 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 -321 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR DEEP WELL IMPROVEMENT NO. 1970 -1 (WELL # 7) AND DIRECTINa ADVERTISEMENT FOR BIDS 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. At this time, the Council discussed a resolution renewing and extending a contract with the Suburban Hennepin County Relief Board, whereupon the matter was postponed for consideration on a future agenda. The next item of business to be considered was an ordinance amending Chapter 3 of the City Ordinances regarding Fire Extinguishing Systems. The City Manager stated that the proposed ordinance amendment would permit a building owner to exercise his option whether to connect to a central station system or to connect directly to Brooklyn Center remote station system. -3- He further related that the amendment is concurred in by the Fire Chief and will provide a maximum benefit to the interest of the building owner and the interest of the City. Motion by Theodore Willard and seconded by Howard Heck to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING FIRE EXTINGUISHING SYSTEMS Voting in favor were: Philip Cohen, Howard Heck, John Leary, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to approve the Brooklyn Center Fire Department Relief Association investment as proposed in a letter from the Association dated November 12, 1969. Voting in favor were: Philip Cohen, Howard Heck, John Leary, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING SIGNS Voting in favor were: Philip Cohen, Howard Heck, John Leary, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time, the City Council discussed liquor license preliminary review procedures, whereupon a motion was made by Howard Heck and seconded by Earl Rydberg to approve the liquor license preliminary review procedures and forms as revised. Voting in favor were: Philip Cohen, Howard Heck, John Leary, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager introduced a draft copy of a comprehensive Housing Maintenance and Occupancy Ordinance. He stated the proposal has been designed and drafted over a number of past months and is generally founded on a model ordinance developed over the past few years under the auspices of the National Public Health Service. In addition, it was cited that certain features of the draft proposal were specifically designed to meet local needs. Following a brief discussion of the draft ordinance, Mayor Cohen directed that the ordinance be distributed for consideration at a later date. At this time, the City Manager cited timetables affecting the develop- ment of the proposed Civic Center and suggested a review of modified develop- ments relative to the women's dressing cubicles and the women's locker room in the Community Center. Cerny representatives Pierce and Gilyard presented a slide illustration of various "break off" block building treatments and stated their intention to establish alternate bids for the exterior materials of the Civic Center. They then presented drawings illustrating a modified locker area in the Community Center which wou, enlarge the women's locker area by the addition of private dressing cubicles to a total of ten. The modified drawings met with the unanimous consent of the Council. A movable pool bulkhead concept was introduced with the information that such a feature would increase the flexibility of pool competitive events, but at a cost of possibly $20,000. In view of the extra cost involved, the Council deferred the matter for possible future consideration. The City Manager informed the Council that expanding the size of the social hall would involve "inserting" a complete 16 foot wide structural bay at an estimated cost of $90,000, whereupon it was determined that the social hall mould remain at the size comprehended by current drawings. A brief discussion ensued regarding the advantages and disadvantages of the "depressed floor" concept in the social hall. -4 - Fr Motion by Theodore Willard and seconded by Earl Rydberg to adjourn the Council meeting. Voting in favor were: Philip Cohen, john Leary, Howard Heck, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 12 :55 A.M. , December 2, 1969. Clerk Mayor ,s r