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HomeMy WebLinkAbout1968 12-16 CCM Special Session 243 Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota December 16, 1968 The City Council met in 'special session and was called to order by Mayor Philip Cohen at 7 :34 P. M. Roll Call: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard (arrived at 7 :38 P. M.). Also present were: D. G. Poss, Paul Holmlund, Chailes Van Eeckhout, Richard Schaeffer (arrived at 7 :40 P. M.) and Robert Haarman. Reverend Amos LeVang of Brooklyn Center Assemblies of God Church offered the invocation. Motion by Earl Rydberg and seconded by John Leary to approve the minutes of the December 9, 1968 meeting as submitted. Voting in favor were: Philip Cohen, John Leary and Earl Rydberg. Voting against were: none. Motion carried unani- mously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -283 RESOLUTION TO ABOLISH SPECIAL CHECK CASHING FUNDS FOR THE MUNICIPAL LIQUOR STORES I The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote b81ng taken thereon, the following voted in favor thereof: Philip Cohen, Joan Leary, Earl Rydberg 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 -284 RESOLUTION TO REQUEST ENGINEERING AND TECHNICAL SERVICES DURING THE YEAR 1969 FROM MINNESOTA DEPARTMENT OF HIGHWAYS 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 and Theodore Willard; and the following voted against the same: none, whereupon said resolution was de- clared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -285 RESOLUTION AMENDING RESOLUTION NO. 68 -259 ADOPTED NOVEMBER 25, 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- 241 Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -286 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1969 -2 AND PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -3 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 Theodore Willard; and the following voted against the same; none, whereupon said resolution was de- clared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -287 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1969 -4 AND PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -5 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 takers thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard; and the following voted against the same: none, whereupon said resolution was de- clared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption; RESOLUTION NO. 68 -288 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED '(HATER MAIN IMPROVEMENT PROJECT NO. 1969 -6 AND PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -7 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 '.n favor thereof: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard; and the following voted against the same: none, whereupon said resolution was de- clared duly passed and adopted, Member Theodore Willard introduced the following resolution and moored its adoption: RESOLUTION NO. 68 -289 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1969 -8 AND PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -9 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 Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard; and the following voted against the same: none, whereupon said resolution was de- clared duly passed and adopted. -2- 239 Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -290 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEI\ ENT PROJECT NO. 1909 -10 AND PROPOSED STREET SURFACING IMPROVEMENT PROJECT N�7 1969 -11 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 and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NCB. 68 -291 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 196 -12 AND PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -13 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was de- clared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -292 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1969 -14 AND PROPOSED STREET SURFACING IMPROVEMENT VE ME NT PRO CT Np 1969 1 PROJECT 5 AND PROVIDING FOR REIMBURSE MENT 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,, Earl Rydberg 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. 68 -293 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1969 -16 AND PROPOSED CURB & GUTTER IMPROVEMENT PROJECT NO_ . 1969 -17 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 and Theodore Willard; and the following voted against the same: none, whereupon said resolution was de- clared passed and adopted. Motion by Theodore Willard and seconded by John Leary to declare a first reading on the following ordinance: AN ORDINANCE VACTING A PORTION O NORTHPORT DRIVE -3- 237 Voting in favor were; Philip Cohen, John Leary,, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by: John Leary to accept the City Manager's report that all obligations have been met and to therefor authorize release of the $7, 000.00 performance bond posted by the Hansord Agency, Inc. Voting in favor were; Philip Cohen, John Leary, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to accept the City Manager's report that all obligations have been met and to therefor authorize release of the $2,500.00 performance bond posted by Red Owl Stores, Inc. Voting in favor were; Philip Cohen, John Leary, Earl Rydberg and Theodore Willard. Voting against were; none. Motion carried unanimously. At this time the City Manager reported to the Council on tentative bids received for auto liability and general liability! insurance for the City of Brooklyn Center. Motion by Theodore Willard and seconded by John Leary to accept the tentative bid proposal of Sentry Insurance Company represented by agent Merwyn Nelson for general and auto liability insurance, coverage the the next three year nerlod. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Theodor: Willard. Voting against were: none. Melon carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to approve the ollowing licenses: Christmas Tree Sales License Gerald W. Pedler France & Highway 100 Cigarette Li cense Bess's Eat Shop 3701 - 50th Ave. No, Brookdale Liquor Store #3 rookdal B e C enter Brooklyn Center Liquor Store #2 6250 Osseo Road Brooklyn Center Liquor Store #1 6445 Lyndale Ave. No. Brooklyn Center City Hall 7100 Osseo Road Brookdale Mobil Service 5710 Xerxes Ave. No. Osseo oa R d Service 6849 Osseo Road Burger King 6110 Osseo Road Taco Towne 6219 Osseo Road Red Owl Stores, Inc. 5425 Xerxes Ave. No. Pilgrim's Cleaners 5728 Morgan Ave. No, Gasoline Service Station License Allied Blacktop Company 3601 - 48th Ave. No. Brookdale Shell Service 69th & Humboldt No. Howe, Inc. 4821 Xerxes Ave. No. Osseo Road Texaco 4861 Osseo Road Off -Sale Licenses Red Owl Store, Inc. 5425 Xerxes Ave. No. On -Sale License Taco Towne 6219 Osseo Road _Garbage &Rubbish Hauling License Eivine Rubbish Service 5916 Garwood Ave. The Mengelkoch Company 119 N.E. 14th Street Robbinsdale Transfer, Inc, 3932 Xenia Ave. No, Voting in favor were: Philip Cohen, John Lear/ Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. -4- 23 At this time Mayor Cohen discussed the'', Metro Section meeting of the League of Minnesota Municipalities which was; held at the Council Chambers in Richfield, Minnesota on the evening of December 12, 1968. Mayor Cohen indicated the vote was 28 in favor, 1 against the proposed Metropolitan Section position on a government structure for the metropolitan area. A proposed Metropolitan Section Tax Program was then reviewed as it relates to the ro osed p p new overnment struct�ire our problem are e s e 9 F a were P discussed including: 1. The administration o g t n f the property tax, 2, fiscal disparities in the metropolitan area; 3. providing adequate revenue to support local government services; and 4. The distribution of locally shared state taxes. Mayor Cohen pointed out that the methodology, to measure fiscal disparity at the ;municipality and county level and any attemptto distribute revenue from a metropolitan tax source based on a disparity formula was difficult to understand and the discussion at the Metro Section meeting centered on this problem. Planning Commission Application No. 68067 submitted by Dr. Christenson and Philstrom for rezoning was reviewed by the City Manager. Motion by john Leary and seconded by Theodore Willard to deny the Application as recommended by the Planning Commission because: 1. The intro- duction of a commercial classification in this ?vicinity would tend to promote similar, if not more intense, commercial encroachment northward along Osseo 'Road contrary to the Osseo Road goals enunciated in the comprehensive P lan. 2 Although ugh R -4 and R -5 and C -I classifications have in some instances been referred to and applied as being "interchangeable", they are "interchangeable" only in the common characteristic that they provide equally good transition or buffer features. In the case at hand, by virtue of absence of sufficient land to constitute a viable development area of C -1 uses, the requested C -1 rezoning is out of harmony with the "residential" predominance in the vicinity and would therefore constitute a form of "spot" zoning, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard, Voting against were: none. Motion carried unanimously. Y Planning Commission Application No. 681068 submitted by Tony Pendzimaz for preliminary plat approval was reviewed by the City Manager. Motion by Theodore Willard and seconded by Earl Rydberg to approve the preliminary plat in that it conforms to the area', plan of April, 1968. Voting in favor were: Philip Cohen, john. Leary, Earl Rydberg and Theodore Willard. Voting against were: none, Motion carried unanimously. Motion by john Leary and seconded by Theodore Willard to grant final plat approval of Application No. 68068 submitted by Tony Pendzimaz, Voting in favor were: Philip Cohen, john Leary, Earl Rydberg' and Theodore Willard, Voting against were: none. Motion carried unanimously. Planning Commission Application No. 67072 revised and submitted by Miles Construction Company to amend a site plan was reviewed by the'City Manager, who asked that the amended site plan be withdrawn at the request of the architect, D. J. Bennett. Motion by john Leary and seconded by Earl Rydberg to permit Application No. 67072 to be withdrawn. Voting n favor were: Philip oh g p C en, john Leary, Earl Rydberg and Theodore Willard. Voting against were: none, Motion carried unanimously, Planning Commission Application No. 68061 submitted by Luther Magelssen for accessory building variance was reviewed by the City Manager. Motion by Earl Rydberg and seconded by Theodore Willard to deny the application for accessory building variance as recommended by the Planning Commission because the application does not meet the standards for variance set forth in Section 35 -240 and because the applicant did not demonstrate that the qualifications for variance had been met. Voting in favor were; Philip Cohen, John Leary, Earl Rydberg and Theodore Willard; Voting against were: none. Mom tion carried unanimously. 5- 233 Planning Commission Application No. 68065 submitted by Twila Donley to revise a site plan was reviewed by the City Manager. Motion by Theodore Willard and seconded by john Leary to approve the revised site plan parking lay -out at 6045 Osseo Road as presented in the revised lay -out plan No, 2 and contingent upon approval of the following conditions: 1. The perimeters of all driving and parking areas shall be bounded by a cast -in -place concrete curb,- 2. The driving and parking areas shall be improved with a minimum of 2 inches of hot -mixed paver laid bituminous mat over an approved base; 3. The drainage plans are subject to the approval of the City Engineer; 4. That a site improvement bond be filed with the City of Brooklyn Center in an amount to be set forth by the City Manager; 5. That the 35 foot parking provision I as stipulate in the zoning ordinance be adhered to. Voting in favor were: Philip Cohen, john Leary►, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time the City Manager introduced) a rough draft of a proposed Snowmobile Ordinance which would regulate the use and operation of snowmobiles and provide for penalties of the violation thereof. As the City Manager discussed the varioous sections of the proposed ordinance - the Mayor entertained comments by the Council and interested citizens who were in the audience of the Council. Discussion er n can ed on. the 9 eneral use of snowmobiles; Prohibiting he use of snowmobiles bales at night within thin the City of Brooklyn C Y yn Center, namely no operations after 10;00 P. M. or before 7;00 A. M.; and lastly the problem of unsafe operation by minors. The snowmobile ordinance was then turned back to the staff for redrafting',. A proposed ordinance authorizing conveyance of City property was reviewed by the City Manager. The subject City - owned! property is located in the vicinity of 70th and Dupont Avenue and would be conveyed to the Anoka- Hennepin School District #11. Motion by john Leary, and seconded by E4trl Rydberg to declare a first re . reading on the following in ordinance: g c. ORDINANCE AUTHORIZING THE CONVEYING OF REAL ESTATE FROM CITY OF BROOKLYN CE - CENTER TO ANO KA NNE P N I SCHOOL DISTRICT NO. 11 Voting in favor were: Philip Cohen John Lea Earl • j ry,. Rydberg and Theodore Willard Voting against were; none. Motion carried unanimously. Member john Leary introduced the following resolution and moved its adoption; RESOLUTION NO. 68 -294 RESOLUTION SETTING WAGES AND AALMMS FOR THE YEAR 1969 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore ;,Millard, and upon vote being ,taken thereon, the following voted in favor thereof; Philip Cohen, john Leary, Earl Rydberg and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager and Council then disculssed the capital building program, and received a recommendation from the City Manager that consideration be given to Cerny Associates, a presently retained architectual firm, to design the muni- cipal service building and the east side fire station in addpn to the civic center -6- 229 complex. The City Manager said he had a letter from Cerny Associates, Inc. declaring that the additional projects would in no way conflict with the time table of the civic center project. Motion by Theodore Willard and seconded by Earl Rydberg to retain Cerny Associates, Inc. as designers for the municipal service building and the east side fire station by adding these projects to the original agreement for the design of the civic center with the fee being 7% less the payment for preliminary services previously rendered. Voting in favor were: Philip Cohen, John Leary Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unani- mously. Motion by Theodore Willard and seconded by Earl Rydberg to adjourn the meeting. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Theodc Willard. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 11 :16 P. M. dA4 CIer �. Mayor -7-