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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 -1- 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) -2- 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. � -3- 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 -4- 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 -5-