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1967 04-24 CCM Regular Session
5 Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota i April 24, 1967 The City Council met in regular session and was called to �rder by acting mayor John Leary at 7 :30 P.M. Roll Call: John Leary, Gordon Erickson and Theodore Willa� were present. Mayor Philip Cohen and Howard Heck were absent. Also present were: D. G. Poss, T. L. Hadd, P. W. Holmlund, Charles Van Eeckhout, James Johnston and Jean Murphey. Motion by Theodore Willard and seconded by Gordon Ericks to approve the minutes of the April 10, 1967 City Council meeting as recorded. Motion carried unanimously. Member Gordon Erickson introduced the following resolution and moved its adoption: i RESOLUTION NO. 67 -117 RESOLUTION AUTHORIZING DEMOLITION OF CITY OWNED 6th A HOUSE A' 6 LYNDALE AVENUES NORTH i The motion for the adoption of the foregoing resolution was duly secconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: John Leary, Gordon Erickson and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. I Member Theodore Willard introduced the following resolution and moved its adoption: j RESOLUTION NO. 67 -118 RESOLUTION CORRECTI1 THE SANITARY LATERAL 61 A/B SPECIAL ASSESSMENT INSTALLMENTS FOR LOTS 6 AND 7, BLOCK 6, BALFANY'S NORTHPORT 1ST ADDITION, ON THE TAX ROLLS FROM 1962 TO 1967 The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon., the f ©llowing voted in favor thereof: John Leary, Gordon Erickson and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Gordon Erickson and seconded yY Theodore Willard to authorize the Mayor and City Manager to executes cost sharing agreement between the City and Hennepin County relative to the improvement j of C. S,A. H. # 10. Motion carried unanimously. Motion by Theodore Willard and seconded by Gordon Erickson to approve the plans and specifications for County State Aid Project No. 4605 (C. S.A. H. # 10) as submitted by the Hennepin County Highway Delpartment. Motion carried unanimously. Motion by Gordon Erickson and seconded by Theodore Willard to authorize the Mayer and City Manager to execute an agreement between the City and Automatic Alarm Corporation, relative to the installatio;�rron main- tenance of a central fire alarm panel at the West Fire Station, carried unanimously. Motion by Theodore Willard and seconded by Gordon Erickson to authorize the Mayor and City Manager to execute a lease in favor of the American Little League on City owned property as follows: The West 358 ft. of the North 425 ft. of Lot 50, Auditors Sub. 309. Motion carried unanimously. Member Howard Heck arrived at 8 :05 P. M. and assumed the chair as Mayor Pro -tem. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1967 -24, 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 April 20, 1967, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -119 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROTECT PTO, 1967 -24 The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon, the following voted in favor thereof: John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Street Surfacing Improvement Project No. 1967 -25. 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 April 20, 1967, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections and the ropert owners appearing in favor of P Y said improvement, member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -120 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1967 -25 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: John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration Y g P ti n of proposed Water Main Improvement Project No. 1967 -23. -2- �L 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 April 20, 1967, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed Improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -121 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO, 1967 -23 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: John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Sanitary Sewer Improvement Project No. 1967 -21. 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 April 20, 1967, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing = ' -favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -122 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMEROVEhaNT PROZCJ NO, 1967 -21 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: John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1967 -22. 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 April 20, 1967, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67- 123 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN JL4PROVEME T PRO NO, 1967 -2 �3- 23 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: john Leary, Gordon Erickson, Howard Heck, and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen arrived at 9 :05 P.M. The City Council then considered Application No. 67013 submitted by Brooklyn Center Industrial Park, Inc., said application being a request for approval of a preliminary plat of Brooklyn Plaza Addition. After due consideration of the Planning Commission's recommendations and comments presented by the City Staff, Gordon Erickson moved and john Leary seconded that the preliminary plat of Brooklyn Plaza Addition be approved. Motion carried unanimously. Mayor Cohen assumed the chair at 9 :10 P. M. The City Council then considered Planning Commission Application No 67014 submitted by Dale Embretson, said application being a request for site and building plan approval for an apartment development at the intersection of 67Th and Humboldt Avenues North (Lots 3 and 4, Block 1 and Lots 1 and 2, Block 3, Hi Crest Square Addition). After due consideration of the Planning Commission's recommendations relative to the subject application and comments offered by the applicant and members of the city staff, member Theodore Willard moved and Howard Heck seconded that the site and building plans submitted in conjunction with Application No. 67014 be approved subject to the following conditions: 1. That the building setback on Humboldt Avenue be no less than 50 feet. 2. That the building plans submitted are subject to final approval of the Building Inspector. 3. That a performance agreement and performance bond, in an amount to be determined by the City Manager, be sub- mitted to the city to guarantee site improvements set out in the plans submitted and as may be required by city ordinance. 4. That the access to the apartments' parking area from Humboldt Avenue be closed and a revised access plan be submitted to the City Manager for his approval. Motion carried unanimously. The Council then considered Application No. 67012 submitted by Center Development Company, said application being a request for approval of the site plan for an apartment complex to be located north of County Road # 10 between Xerxes Avenue North and Shingle Creek. After due consideration of the Planning Commission's recommendations relative to the subject application and comments offered by the city staff, the Mayor called upon the interested parties in attendance for their comments. After lengthy deliberation on the application, member Howard Heck moved and Theodore Willard seconded that action on Application No. 67012 be tabled until the May 1, 1967 City Council meeting. Motion carried unanimously. Member Theodore Willard left the meeting at 11 :40 P.M. The Council then considered Planning Commission Application No. 67015 submitted by Mr. and Mrs. Elmer Langren said application being a request for special use permission to store and rent trailers on the service station premises at 6830 Osseo Road. - 4- After due consideration of the Planning Commission's recommendations relative to the subject application and consideration of comments offered by members of the City Staff, member John Leary moved and Gordon Erickson seconded that special use permission be granted for the storage and rental of trailers at 6830 Osseo Road subject to the following conditions: 1. That a maximum of 15 trailers be permitted at any one time. 2. The duration of the special use permission shall be a period of two years from the date of this action. 3. That a maximum of three trailers be displayed at the front of the station at any one time. Motion carried unanimously. The Council then considered Planning Commission Application No. 67016 submitted by Mr. Jerry Harrington,, said application requesting approval for an apartment development in the southeast quadrant of the intersection of 65th and Camden Avenues North. After due consideration of the Planning Commission's recommendations relative to the subject application, the Mayor called upon the applicant and members of the city staff for comments. After consideration of the comments offered in regard to the subject application, member Gordon Erickson moved and Howard Heck seconded that the City Manager and City Attorney be directed to prepare a resolution denying approval of Application No. 67016, said resolution to be presented to the City Council at the May 1, 1967 meeting for consideration. Motion carried unanimously. The Council then considered Planning ommission Application No. g PP 67005 submitted by Bruce Hasselberg, said application being a request for special use to permit a service station at the southwest corner of France Avenue North and Highway 100. After due consideration of the Planning Commission's recommendations relative to the subject application, the Mayor called upon the applicant and interested parties in attendance for comments. After due consideration of the comments offered by the applicant and other information presented, member Gordon Erickson moved and John Leary seconded that further consideration of Application No. 67005 be tabled until the May 1, 1967 meeting. Motion carried unanimously. Motion by John Leary and seconded by Gordon Erickson to table con- sideration of the following Planning Commission Applications until May 1, 1967: No. 67003 - Red Owl Stores I nc No. 67008 - Dayton Development Co. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67-124 RESOLUTION ACCEPTING BID FOR STABILIZED GRAVEL AND FINE AGGREGATE FOR SEAL COAT The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson,, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Howard Heck, John Leary and Gordon Erickson, and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. -5- Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -125 RESOLUTION ACCEPTING BID FOR REINFORCED CONCRETE PIPE 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, Howard Heck and Cordon Erickson, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -126 RESOLUTION ACCEPTING BIDS FOR GASOLINE, FUEL OIL FOR HEATING AND DIESEL FUEL OIL 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, Howard Heck and Gordon Erickson, 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. 67- 127 RESOLUTION ACCEPTING BID FOR FURNISHING BITUMINOUS OIL 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, Howard Heck and Gordon Erickson,. 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. 67 -128 RESOLUTION ACCEPTING BID FOR PLANT -MIXED BITUMINOUS MATERIAL The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Howard Heck and Gordon Erickson, 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. 67 -129 RESOLUTION ACCEPTING BID FOR FURNISHING OF WATER TREATMENT CHEMICALS The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Howard Heck and Gordon Erickson, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -6- F l- Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -130 RESOLUTION ACCEPTING BID FOR CORRUGATED METAL PIPE The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Howard Heck and Gordon Erickson, and the following voted against the same: none, whereupon said resoiution was declared duly passed and adopted. Motion by John Leary and seconded by Howard Heck to approve the following licenses: _Gas Piping Licenses: Cronstroms Heating & A/C 4410 Excelsior Blvd. Advanced Heating & A/C 6225 University Ave. S. E Farr Plumbing & Heating Co. 7217 - 77th Ave. No. Minneapolis Gas Co. 8th St. & Marquette Ave. Geo. Sedgwick Heating & A/C 1001 Xenia Ave. So. Ray N. Welter Heating Co. 4637 Chicago Ave. So. Well Drilling_Licenses: Gilbert Mork Well Co. 9025 - 36th Ave. No. Pumarlo Well Co. Hamel, Minnesota Torgerson Well Co. 3550 Newton Ave, No. Heating Licenses: Advanced Heating & A/C 6225 University Ave.S.E. Air Comfort, Inc. 3300 Gorham Ave., Minneapolis Anoka Plumbing & Heating 2209 E. Main St., Anoka Commercial Air Conditioning, Inc. 811 Park Ave., Minneapolis Cronstroms Heating & A/C 4410 Excelsior Blvd. Egan & Sons A/C Co. 7100 Medicine Lake Road Farr Plumbing & Heating Co. 7217 - 77th Ave. No. Hoglund Heating Co. 7420 W. Lake St. Lamb Plumbing & Heating 103 Washington Ave. No. Midwest Sheet Metal 340 Taft St. N.E. Minneapolis Gas Co. 8th St. & Marquette Ave. Geo. Sedgwick Heating & A/C 1001 Xenia Ave, So. Thompson Air Conditioning 5115 Hanson Court Ray Welter Heating Co. 4637 Chicago Ave. So. Food Establishment Licenses Faith Community Church of God 6630 Colfax Ave. No. jays Brookdale 5601 Xerxes Ave. No. Russ Martin's Drive Inn 4801 France Ave. No. Lynbrook Bowl 6357 North Lilac Drive Food Vehicle Licenses: Harding McDonald 7701 - 4th Ave. So. jacks Distributing 6121 Tracy Ave., Minneapolis Service Station Licenses: Allied Blacktop Co. 3601 - 48th Ave. Brooklyn Center " 66 " Station 6850 Osseo Road Denny's Standard Station 69th & Humboldt Ave. No. Northbrook Gulf Station 1912 - 57th Ave. No. Cigarette Licenses: Joe's Standard Station 65th & Highway 169 (Jude Candy & Tobacco - 169 Yoho Drive, Anoka, Minnesota) Northbrook Gulf Station 1912 - 57th Ave. No. Motion carried unanimously. -7- Member Howard Heck introduced the following ordinance amendment, moved to declare a second reading and further moved its adoption; AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES BY REPEALING PORTIONS THEREOF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 5 of the City Ordinances is hereby amended by the repeal of the following sections. (Section 5 -301 PERMIT REQUIRED. No person shall set on fire or cause to be set on fire any grass, hay, brush or other combustible material on his own property or that of another by means whereof the property of another or any residence, structure or other thing of value may be endangered, without first having obtained a permit therefor from the City Clerk.) (Section 5 -302 CLERK TO ISSUE PERMIT. The City Clerk upon . determining that all necessary precautions have been taken to protect life and property, may issue a permit authorizing a person to set on fire any grass, hay, brush or other combustible material. The permit so issued shall state the time and place of the burning and the area to be burned. The applicant or person acting thereunder shall keep such fire under immediate personal super - vision and control at all times and shall carefully extinguish the fire before quitting the place. No permit granted hereunder shall in any way relieve the applicant or person acting thereunder from civil liability for any damage resulting therefrom.) (Section 5 -303 VIOLATIONS. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine not exceeding One Hundred ($100.00) Dollars or imprisonment not exceeding ninety (90) days.) Section 2: This ordinance shall become effective thirty days after its legal publication and adoption. Adopted this 24th day of April 1967. The motion for the adoption of the foregoing ordinance was duly seconded by member Gordon Erickson, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Howard Heck and Gordon Erickson, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -131 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1967 -26 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Howard Heck and Gordon Erickson and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -132 RESOLUTION ESTABLISHING SANITARY SEWER IMPROVEMENT PROJECT NO. 1967 -27 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS -8- 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, Howard Heck and CvdPftn Erickson, and the following voted against the same: none, whereupon Ofd resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67-133 RESOLUTION ESTABLISHING STREET SURFACING IMPROVEMENT PROJECT NO. 1967 -29 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Howard Heck and Gordon Erickson and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -134 RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT NO. 1967 -28 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, He w4rd Heck and Gordon Erickson, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. do Y Pa P Motion by Howard Heck and seconded by Gordon Erickson, based upon the recommendation of the City Manager, to a0horize payment of $100.00 to Kristine Mary Reynolds in return for an easersent grant to permit installation and maintenance of a city storm sewer. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to accept the recommendation of the City Manager and establish a salary of $2.88 per hour for the position of Special Assessment Clerk, said salary rate to be retro- active to January 1, 1967. Motion carried unanimously. Motion by Howard Heck and seconded by Gordon Erickson to adjourn. Motion carried unanimously. The City adjourned at 1 :10 A. M. Mayor ler -9-