HomeMy WebLinkAbout1968 09-09 CCM Regular Session 267
Minutes of the Proceedings of the City
Council of the City of Brooklyn Center
In the County of Hennepin and State of
Minnesota
September 9, 1968
The City Council met in regular session and was called to order by
Mayor Philip Cohen at 7 :38 P. M.
Roll Call: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and
Theodore Willard. Also present were: D. G. Poss, Paul Holmlund, Charles
VanEeckhout, Richard Schieffer, Richard Cihoski, Jerry Dulgar, Thomas O'Hehir
and James Lindsay.
Mayor Cohen opned the meeting by commending Ed Coleman, Civil
Defense Director, for the fine job his department had done in organizing and
carrying out the donkey ball game,
Councilman Willard left the meeting at 7 :39 P. M.
Motion by Howard Heck and seconded by Earl Rydberg to approve the
minutes of the September 3, 1968 meeting as submitted. Voting in favor were:
Philip Cohen, John Leary, Earl Rydberg and Howard Heck. Voting against were:
none. Motion carried unanimously.
Motion by John Leary and seconded by Howard Heck to convene the
the public hearing on the 1969 budget. Voting in favor were: Philip Cohen,
John Leary, Earl Rydberg and Howard Heck. Voting against were: none. Motion
carried unanimously.
Member Earl Rydberg introduced the following resolution and moved
Its adoption:
RESOLUTION NO. 68 -205
RESOLUTION AMENDING RESOLUTION NO. 68 -198 ADOPTED
AUGUST 19, 1968
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 and Howard Heck;
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. 68 -206
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
STORM SEWER IMPROVEMENT PROTECT NO. 1968 -48
The motion for the adoption of the foregoing resolution was duly seconded by
member Howard Heck, and upon vote being taken thereon, the following w ted
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.
Member Howard Heck introduced the following resolution and moved
Its adoption:
RESOLUTION NO. 68 -207
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
SANITARY SEWER IMPROVEMENT PROTECT NO. 1968 -49
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265
The motion for the adoption of the foregoing resolution was duly g g Y 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 oted against the sa •
g g me, none, whereupon said resolution was
declared duly passed. and adopted.
Member Earl Rydberg introduced the following resolution and moved its
adoption:
RESOLUTION NO. 68 -208
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER
MAIN IMPROVEMENT PROJECT NO. 1968 -50 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 John Leary, 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.
Member John Leary introduced the following resolution and moved its
adoption:
RESOLUTION NO. 68 -209
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT
NO. 1968 -51 AND CURB & GUTTER IMPROVEMENT PROJECT
NO, 1968 -52
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;
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. 68 -210
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
STORM SEWER IMPROVEMENT PROJECT NO. 1968 -48, SANITARY
SEWER IMPROVEMENT PROJECT NO. 1968 -49, AND WATER MAIN
IMPROVEMENT PROJECT NO. 1968 -50, AND DIRECTING ADVER-
TISEMENT-FOR, BIDS (CONTRACT 1968 -H)
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 declared duly passed and adopted.
Member Howard Heck introduced the following resolution and moved its
adoption:
RESOLUTION NO. 68 -211
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET
GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1968 -51
AND CURB & GUTTER IMPROVEMENT PROJECT NO. 1968 -52, AND
DIRECTING ADVERTISEMENT FOR BIDS (, _CONTRACT 1968 -1)
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I. 263
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 declared duly passed and adopted.
Member John Leary introduced the following resolution and moved its
adoption:
RESOLUTION NO. 68 -212
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
CURB & GUTTER IMPROVEMENT PROJECT NO. 1968 -S3 AND
DIRECTING ADVERILSEMENT FQR BIDS CO RA 168-
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 John Leary introduced the following ordinance and moved its
adoption:
ORDINANCE NO. 68 -IS
AN ORDINANCE RELATING TO THE SALE OF CHRISTMAS TREES,
ESTABLISHING REGULATIONS, PROVIDING FOR LICENSING AND
PENALTIES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS:
Section 1: Chapter 23 of the City Ordinances is hereby amended by the
addition thereto of the following:
Section 23 -1304 LICENSE REQUIRED. No person, firm or corporation
shall engage in the business of selling Christmas trees in the City of Brooklyn
Center without first applying for and receiving a license as hereafter provided
Section 23 -1302. APPLICATION. The application for license for selling
Christmas trees shall be made to the City Clerk and shall be accompanied by a
seasonal fee of $15.00. The license will expire on January 5 of the year fol-
lowing its issuance. A spearate license shall be required for each place of sale.
Section 23 -1303. DEPOSIT. A sum of $100.00 in cash or cashier's check
shall be deposited with the City Clerk at the time of application to insure that
the site of sale shall be cleaned and cleared of Christmas trees and all other
debris and materials relating to the business. It shall be the duty of the City
Manager to determine whether the site of sale is properly cleaned and cleared
If the site of sale is not cleaned and cleared by January 5 of the year following
the issuance of the license, the deposit shall be forfeited to the City to defray
the expenses of the City in cleaning and clearing the said site of sale.
Section 23 -1304. ZONING RESTRICTION. No licenses will be granted
for Christmas tree sales in zoning districts other than C2, Il and I2 districts,
Section 23 -1305. PENALTY. Any person violating the provisions of this
ordinance shall upon conviction thereof, be punished by a fine not to exceed
one hundred dollars ($100. fl or by imprisonment for a period not to exceed
ninety (90) days.
Section 2: This ordinance shall be effective after adoption and upon
thirty (30) days following its legal publication.
The motion for the adoption of the foregoing ordinance was duly seconded by
member Howard Heck, and upon vote being taken thereon, the following voted
in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and
Theodore Willard; and the following voted against the same: none, whereupon
said ordinance was dec$red duly passed and adopted.
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261
Motion by Howard Heck and seconded by Earl Rydberg to approve the
Investment of the Brooklyn Center Fire Relief Association set forth in a letter
from the Association dated August 21, 1968. Voting in favor were: Philip Cohere
John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against
were: none. Motion carried unanimously.
Member Theodore Willard introduced the following resolution and moved
its adoption:
RESOLUTION NO. 68 -213
RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY
IMPROVEMENT NOTES
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 declared duly passed and adopted.
Motion by John Leary and seconded by Theodore Willard to approve the
following license: .
Food Establishment License
Marc's Big Boy Restaurant 5440 Osseo Road
Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck
and Theodore Willard. Voting against were: none. Motion carried unanimously.
The Council next considered Application No. 68044 submitted by
Brooklyn Center Industrial Park requesting preliminary plat approval. The City
Manager reviewed the application for the Council.
Motion by Howard Heck and seconded by Theodore Willard to approve
the preliminary plot for 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.
Motion by Earl Rydberg and seconded by John Leary to table Application
No. 68045 upon the recommendation of the City Engineer that the documentation
accompanying the plat is not adequate. Voting in favor were: Philip Cohen,
John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against
were: none. Motion carried unanimously.
The Council next considered Application No. 68046 submitted by
Mrs. Andrew Boyer requesting approval of preliminary plat. The City Manager
reviewed the application for the Council.
Motion by Theodore Willard and seconded by Earl Rydberg to approve
Application No. 68046 with the following conditions and stipulations:
1. Tracts B and S of the proposed subdivision be deeded to the
City for street purposes;
2. Easements for drainage and utilities purposes shall be conveyed
to the City along the common rear lot line of the properties
(between Bryant and Colfax).
Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck
and Theodore Willard. Voting against were: none. Motion carried unanimously.,
The Council next considered Application No. 68048 submitted by
Darrell Farr requesting site and building plan approval. The City Manager
reviewed the application for the Council.
Dr. Madison who will own the proposed building, discussed the applica-
tion with the Council
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259
Motion by Theodore Willard and seconded by John Leary to approve
Application No. 68048 with the following conditions and stipulations:
1 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
shown on the plans;
2. The plans are subject to the Building Inspector's approval
with respect to applicable building codes;
3. The applicant shall submit detailed drainage plans to the City
Engineer for his approval before building permits will be issued;
4. Action on the screening to be provided along the rear lot line
of the property will be deferred until October 14, 1968 to
allow the City Council to observe the success of the "berm"
method of screening.
Voting in favor we<e: Philip Cohen, John Leary, Earl Rydberg, Howard Heck
and Theodore Willard. Voting against were: none. Motion carried unanimously.
The Council next considered Application No. 68008 submitted by
Federal umb
L er Company requesting approval of site and building plans.
The City Manager reviewed the application for the Council and explained
that although the Council had earlier approved building plans for this site,
Federal Lumber Company now desired to alter these plans by the addition of
more buildings and to ask the Council's approval of this alteration.
Mr. Lubov representing Federal Lumber Company discussed the applica-
tion with the Council.
Motion by John Leary and seconded by Howard Heck to approve Applica-
tion No. 68008 under the same conditions approved by the Council and set forth
in the Council minutes of March 25, 1968. Voting in favor were: Philip Cohen,
John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against
were: none. Motion carried unanimously.
The Council, City Manager and Public Works Director then reviewed the
special assessment projects which will be discussed at a public hearing on
September 16, 1968.
The meeting recessed at 9 :27 P. M. and resumed at 9 :47 P. M.
Following the recess, Mr. Willis Almendinger of 4007 - 58th Avenue
North, Brooklyn Center, asked to discuss with the Council the Christmas tree
ordinance adopted earlier lathe evening. Mr. Willis A1mendinger presented
his views to the Council and after discussing the matter, the Council decided
to leave its previous adoption of the ordinance stand.
The Council then began a consideration of the 1969 budget.
Motion by Howard Heck and seconded by Theodore Willard to direct
the City Manager to contact the architectual firm of Cerny and Associates to
work out an agreement with them for their services in assisting vith a capital
improvements program and in making updated cost estimates for the City relative
to that program. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg,
Howard Heck and Theodore Willard. Voting against were: none. Motion carried
unanimously..
Mayor Cohen left the meeting at 10 :50 P. M.
Motion by John Leary and seconded by Earl Rydberg to adjourn the meeting
Voting in favor were: John Leary, Earl Rydberg, Howard Heck and Theodore
Willard. Voting against were: none. Motion carried u9spimously. The City
Council meeting adjourned at 11 :20 P. M.
t, Mayor
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