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HomeMy WebLinkAbout1967 11-27 CCM Regular Session L Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota November 27, 1967 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :3 0 P.M. Roll Call: Mayor Cohen, John Leary, Gordon Erickson (arrived at 7.34 P. M.) Howard Heck and Theodore Willard. Also present were: D. G. Poss, Charles Van Eeckhout, Richard Schieffer, Richard Cihoski, Thomas O' Hehir, Dale Hamilton and Jerry Dulgar. Reverend Robert Bailey of Brooklyn Methodist Church offered the invocation. Motion by Theodore Willard and seconded by Howard Heck to approve the minutes of the November 13, 1967 Council meeting as submitted. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the minutes of the November 21, 1967 Council meeting as submitted. Motion carried unanimously. j Mr. Poss requested that the Council establish a policy concerning the sale of Christmas trees on property zoned R -1. Motion by John Leary and seconded by Theodore Willard to allow Christmas tree sales for the 1967 season on property zoned R -1 and that the Staff be directed to prepare an ordinance regulating and licensing such sales in future years. Motion carried unanimously. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -336 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -16 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -17 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 Ding taken thereon, the following voted in favor thereof: Philip Cohen, 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. Member Howard Deck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -337 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1968 -6 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT NO, 1960 -1 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, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. _ -1. 147 Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -338 RESOLUTION PROVIDING FOR PUBLIC HERRING ON PROPOSED STREET SURFACING IM EROVEMEN NO, 1968 - 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, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -339 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1968 -16 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT NO, 1960 -1 M��ra 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, Gordon Erickson, Howard Heck and Theodore Willard, 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 -340 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -17 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, Gordon Erickson, 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. 6 7 -341 RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A REMOTE STATION BURGLAR ALARM SYSTEM AND PROVIDING FOR CONNECTION PERMITS RELATED THERETO , 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, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mr. Poss informed the Council that he had been advised by the City's bond consultant that the City should raise the interest rate charged on special assessments levies from 5% to 6 %. A discussion of the relationship between the rising interest costs on municipal bonds and interest charged on special assess- ment levies ensued. -2- 149 Motion by John Leary and seconded by Gordon Erickson that Brooklyn Center raise interest rate charges on special assessment levies from 5% to 6 %. Voting In favor were Philip Cohen, John Leary, Howard Heck and Gordon Erickson. Voting against was Theodore Willard. Motion carried. Upon recommendation of the City Manager, a motion was made by Gordon Erickson and seconded by Howard Heck to release Tower Terrace Addition and Northland Estates 2nd Addition bonds for street and site improvements. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the Investment made by the Brooklyn Center Fire Relief Association as set forth in the letter from the Association dated November 22, 1967. Motion carried unanimously. The Council reviewed a request by Davies Water Equipment Company that said company be allowed to make a change in the wall design, as shown on the approved plan. Motion by Howard Heck and seconded by John Leary to approve both the original and the alternate designs submitted by Davies Water Equipment Company, with the final decision to be made by the City Manager after consulting with the residents of the area. Voting in favor were Philip Cohen, John Leary, Gordon Erickson and Howard Heck. Voting against was Theodore Willard. Motion carried. Mr. Poss reviewed the Council's past position concerning freestanding sign variances. Mr. Cihoski presented the Council with a comparative study of various freestanding signs along Osseo Road. Mr. Reese, representing Kentucky Fried Chicken Inc., explained what signs his company uses in other sections of the country and the various signs they could install on the site. The Council discussed the action they had taken on past requests for sign variances. The Council directed that it be reflected in the minutes that Kentucky Fried Chicken Inc. stated that they would lower the sign in question if It did not look appropriate at a 24 foot height. Motion by Gordon Erickson and seconded by Howard Heck that the request for a variance to erect a freestanding sign be granted since a hardship does in fact exist in relation to freestanding signery for commercial property, due to the fact that the present zoning ordinance does not take into account this common and necessary type of business activity (freestanding signing), but that the approval for such freestanding sign at the location shown on the site plans submitted is conditional upon the following: 1. The sign shall not exceed 90 square feet in area and 24 feet in height measured from the finished floor grade of the Kentucky Fried Chicken Inc. building; 2. The sign shall be non - flashing. Voting in favor were: Philip Cohen, John Leary, Gordon Erickson and Howard Heck. Voting against was Theodore Willard. Motion carried. The meeting recessed at 9:45 P. M. and resumed at 10 :00 P. M. Mr. Robert Hutchison, City Sanitarian, explained the background of and reason for the ordinance amending Chapter 8 of the City Ordinances. The Council directed the City Manager to draft a resolution for the December 11th meeting urging the Governor to initiate a reorganization of State Administrative and Regulatory activities in the fields of health and agriculture consistent with the concepts set forth in Resolution #67 -56. Motion by Theodore Willard and seconded by John Leary to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY RELATING TO SOURCES OF POULTRY AND POULTRY; PRODUCTS Motion carried unanimously. -3- 143 Member john Leary introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 67 -19 AN ORDINANCE VACATING HALIFAX AVENUE NORTH LYING WITHIN SUNRISE MANOR AS A PUBLIC STREET THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Halifax Avenue North lying within Sunrise Manor is hereby vacated as a public street. Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 27th day of November, 1967. The motion for the adoption of the foregoing Ordinance was duly seconded by member Theodore Willard, and upon a vote being taken thereon the following voted in favor thereof: Philip Cohen, john Leary, Gordon Erickson, 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 O 67 -20 INANC N , AN ORDINANCE AMENDING CHAPTER 35 BY THE ADDITION OF CERTAIN PROPERTIES TO THE B -3 (GENERAL BUSINESS DISTRICT) ZONINGLCLASSIFLCATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -840 of the City Ordinances, entitled GENERAL BUSINESS DISTRICT (B -3) BOUNDARIES, is hereby amended by the addition thereto of the following: Lot 1, Block 1; and Lots 1 through 4. Block 2; Northtown Plaza Second Addition. Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 27th day of November, 1967. The motion for the adoption of the foregoing ordinance was duly seconded by member Gordon Erickson, and upon a vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Theodore Willard and seconded by Howard Heck to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES. BY REP I G PORT ONS THEREOF AM ADDING PORTIONS THERETO Motion carried unanimously. Motion by Gordon Erickson and seconded by john Leary to declare a first reading of the following ordinance: -4- .Q)5 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES BY REPEALING A PORTION THEREOF AND AMENDING CHAPTER 5 QE 'HE CITY ORDINANCES BY AN O1 THERETO Motion carried unanimously. Motion by john Leary and seconded by Gordon Erickson to approve the following licenses: Cigarette Licenses Pioneer Dist. Co. - Taco Towne 6219 Osseo Road United Vending Co. - Pilgrims Cleaners 5728 Morgan Avenue North Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved Its adoption: RESOLUTION NO. 67-342 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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, Gordon Erickson, Howard Heck and Theodore Willard, 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 -343 RESOLUTION ACCEPTING WORK (,CONTRACTED BY VJLLAGE) 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, Gordon Erickson, Howard Heck and Theodore Willard, 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 -344 RESOLUTION ACCEPTING WORK (CONTRACTED SY VILLAGE) 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 r Gordon Erickson, Howard Heck and Theodore Willard, and the following voted jagainst the same: none, whereupon said resolution was declared duly passed and adopted. Motion by john Leary and seconded by Gordon Erickson that the City Manager be authorized to advertise for bids for a motor grader. Motion carried unanimously. - 5 -► 1:53 Motion by Howard Heck and seconded by Theodore Willard tM t the City Attorney answer the complaint filed against the City by Chazin, Gilles and Shell Oil Company. Voting in favor were: Philip Cohen, Gordon Erickson, Hayward Heck and Theodore Willard. Voting against was john Leary. Motion carried. After hearing an explanation by Mr. Poss of the decision handed,dbwn by the Court in the Super America vs City of Brooklyn Center, the Council ask the following action. Motion by john Leary and seconded by Gordon Ericks! that the City Attorney be directed to appeal the decision to the Minnesota Supreme Court. Motion carried unanimously. Mr. Foss explained changes made in the junk car ordinance and suggested that the Council defer action totil the December 11, 1967 Council meeting so that f any persons so desiring would have a chance to express their views to the Council. Motion by john Leary and seconded by Howard Heck to reinstate the 1 -1/4 day per month vacation accrual benefit of Richard Lovberg who was re- employed by the City three weeks after resigning as an Engineering Inspector - Draftsman. Motion carried unanimously. Councilman Erickson reported on the S.S.D. A. meeting he attended as a delegate from Brooklyn Center. Motion by john Leary and seconded by Howard Heck that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11;30 P.M. C erk V Mayor - 6-