HomeMy WebLinkAbout1978 02-27 CCP Regular Session CITY COUNCIL AGENDA
City of Brooklyn. Center
February 27, 1978
7:00 p.m
1 Call -to Order
2. - Roll Call
3 . Invoca-tion
4. Approval of Minutes - February 13, 1978
S. Open Forum
6. Presen of Commendation
7. Subdivision Bond- Reduc
8. Approve Final Plat
9. Resolu•tion.s;
a. Amending 1978 General Fund Budget
b. Authorizing - the Purchase of Grass Seed and Fertilizer (-1 V-��
c. Authorizing - the Purchase of Dump Truck Cab and Chassis
• - d. Authoriz.,.r�g 'liaa Purcha.5e of _Chain Link, Fencing (,�� � - "'`- --� "_" �'p��i�h> )
e. r'ccep'ting Quota�tion:s for Demolition of Building at 7100 Brooklyn ;glad. - --�
f Supporting - the Cons of Hennepin County Municipal- GotiArr Faci: iti s
Supporting Mu Self- Insurance t)il /� ,1978 -.��
1. l 0 . Planning Commission Ttems (8:00 p.m.):
`°�^~-�
a. Application No. 78002 submitted by Summit State Bank of Richfield.
b. Application No. 78003 submitted by.Kohert Putnam'
c. Applica No. 78004 submitted by Mobil Oil Corporation
d. Application No. 78005 submitted by Residential Alternatives, Inc.
e. Application No. 78006 submitted by Richard Kruger
f .- Applica No 78009 submitted by ;ohnny's, Inc. (Pilgrim Cleaners)
g. App lica No. 78010 submitted by Johnny's', Inc. (Pilgrim Cleaners)
1.1. Ordinances;
a. Amending Chapter 19 (2nd Reading)
b. Amending Chapter 35 (Amended 1st Reading)
12. Discussion Items;
a. Report on Sanitary Sewer Rates
b. Conservation Commission Recommendation
1:3. L icenses
14. Adjoumment
NOTE: The HRP, leeting will convene followi the adjournment of , the City
Council Nle€:ting,
CITY MANAGER'S COMMENTS
•
Item 6 Presentation of Commendation
Mayor Nyquist will formally present Brooklyn Center's .expression of
• Maurice is for his service as a member of - the City
appreciation Co M uri Brit Y
Council
Disposition
Item 7 Subdivision Bond Reduction
It is recommended -that the subdivision financial guarantee amounting
- to $7,000 for the Clarence Stein Addition located between Logan and
Knox Avenues North, southerly of 73rd Avenue_North, be reduced Ito
$3,000 on the basis -of corresponding obligations being satisfied.
Disposition
I
Item 8 Approve Final Plat
• On November 28, 1977 - the Brooklyn Center City Council approved
Application No. 77062 submitted by BLIP as a preliminary plat for -the
proposed Hennepin County Regional Library site. lying ' on, - the west side
of Shingle Creek Parkway, southerly of - the high -rise apartment building.
Disposition
Item 9a Amending 1978 General Fund Budget
The attached resolution is recommended for - the, purpose of amending
I ,
-the 1978 General Fund Budget by - transferring funds from the Unallocated
Labor Account to various operating accounts 'to acknowledge 1978 wage
and salary adjustments for nonorganized employees previously authorized
by the City Council.
Disposition
Item .9b Authorizing the Purchase of Grass Seed and Fertilizer
The attached resolution is recommended for - the purpose of accepting
- the following bids through - the Hennepin County joint Purchasing
Agreement for grass seed and fertilizer as, authorized in the 1978 budget;
CITY MANAGER'S COMMENTS
Page 2
• Item 9b
cont'd -The bid of Peterson Forage Seed Company in - the amount
of $90.71 /cwt. for 1, 700 lbs . of grass seed totaling $1, 542.07
and 2,000 lbs. of annual rye grass at $15.50 /cwt. •totaling
$310.
-The bid of Howe Fertilizer for 4,500 'tons of 25 -5 -10 fertilizer
in an amount of $148.60 /ton for a - total of $6,687.
Disposition
Item 9c Authorizing -the Purchase of Dump Truck Cab and Chassis
The attached resolution is recommended for - the purpose of accepting
a bid - through the Hennepin County Joint Purchasing Agreement of
Freeway Ford in •the amount of $12,435 for a dump `truck cab and chassis
for -the street department as authorized in - the 1978 budget.
Disposition
• :Item 9d Authorizing the Purchase of Chain Link Fencing
The attached resolution is recommended for the purpose of accepting
- the quotation. of Montgomery Ward for 1,300 lineal feet of chain link
fencing at a cost of $2. 346 /lineal feet for a - total of $3,049.80'. The
chain link fencing was authorized in. - the 1978 parks maintenance budget
and is 'intended for use as outfield fencing in City parks.
Disposition
Item 9e Accepting Quo•ta for Demolition of Building a•t 7100 Brooklyn Boulevard
The attached resolution is recommended for `the purpose of accepting
quotations for - the demolition of - the old city ` hall located a 7100 Brooklyn
Boulevard
Disposition.
CITY MANAGER'S COMMENTS
Page 3
Item 9f Supporting , the Construction of Hennepin County Municipal, Court Facilities
The attached resolution is recommended for - the purpose of supporting
a bill before - the Legislature - that would authorize - the establishment of
- three suburban municipal court locations. Hopefully, - these court
facilities would be located in library facilities planned by Hennepin
County which would ,roughly correspond -to the locations of - the Brookdaie,
Ridgedale and Southdale shopping centers.
Disposition
Item 9g Supporting Municipal Self - Insurance Bill
The attached resolution is recommended for - the purpose of supporting
a bill before - the Minnesota Legislature urging general or special legis-
la•tion 'to authorize a number of suburban Hennepin County municipalities,
including Brooklyn Center, -to cooperatively self- insure their risks.
Disposition
Item I Oa Application No. 78002 submitted by- Summit State Bank of Richfield
Approval of special use permit and site plans for proposed commercial
use in - the I -1 (Indus•trial Park) district a 6100 Summit Drive. This
item was considered by - the Planning Commission at its January 26 and
February 9, 1978 meetings.
Disposition
Item 10b Application No. 78003 submitted by Robert Putnam
Preliminary plat approval - to subdivide a parcel in the - .3900- block of
52nd Avenue North into , two R -1 lots This item was considered by -the
Planning Commission at its February 9 1978 meeting.
Disposition
Item 10c Application. No. 78004 submitted by Mobil Oil Corporation
• Special use permit for new operation and site modifications at existing
premises, 5710 Xerxes Avenue North. This item was considered by
- the Planning Commission a i February 9, 1978 meeting.
Disposition
, 1
CITY MANAGER'S COMMENTS
Page 4
•
Item 10d Application No. 78005 submitted by Residential Alternatives Inc
Approval of special use permi a residential care facility for
eight clients at 5449 - Lyndale Avenue North. This item was con
sidered by the Planning Commission at its February 23, 1.978
meeting.
Disposition
Item 10e Application No. 78006 submitted by Richard Kruger
Site plan approval for improvements at 6045 Brooklyn Boulevard. This
item was considered by - the Planning Commission at its February 9, 1978
meeting
Disposition
Item 10f Application No. 78009 submitted by johnny'`s , Inc. (Pilgrim Cleaners)
Variance from Section 35 of the City Ordinances to permit existing
parking area within 15 feet of a lot line in lieu of greenstrp at 6846
Brooklyn Boulevard. This item was considered by - the Planning
Commission at its February 23, 1978 meeting.
Disposition
Item 10g Application No. 78010 submitted by Johnny's, Inc. (Pilgrim Cleaners)
Site and building plan approval for improvements of property at 6846
- 6850 Brooklyn Boulevard, proposed as a common use of two existing
structures and sites. This item was considered by the Planning
Commission at its February 23, 1978 meeting.
Disposition
Item 1la Amending Chapter 19 (2nd Reading)
The attached ordinance amendment is recommended for - the purpose of
establishing a local ordinance prohibiting pros'ti'tution, nudity and other
•
acts. Lt was first read on February 13, 1978, published on February 16,
1978 and is offered for second reading and adoption.
Disposition
CITY MANAGER'S COMMENTS
Pa go 5
• Item l lb , Amending Chapter 35 (Amended 1st Reading)
.On February 13, 1978• - the City Council had a first reading of an
ordinance amending Chapter 35 regarding special uses in - the C -2
(general commerce)_dis The ordinance would permit =as
special uses commercial saunas and sauna baths, and massage
parlors provided they do not abut any residential district,
including abutment a , t the s*tree line. There are certain existing
facilities such as the Community Center sauna - tha•t are in conflict
with this provision. The attached ordinance amendment, recommended
in the form of an amended first reading, is offered as a means of
addressing these problems.
Disposition
Item 12a Report on Sanitary Sewer Rates
The Director of Public Works will be prepared to report on the City's
sanitary sewer rates and a recommended increase in these rates
• Disposi
Item 12b Conservation Commission Recommendation
The Conservation Commission has recommended - tha - t an energy
efficiency audit of the Civic Center complex be conducted, especially
'the Community Center pool area - to develop ways of making the Civic
Center more energy efficient.
Disposition
•
Member introduced - the following resolution and
• moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF GRASS SEED
AND FERTILIZER
WHEREAS, the City of Brooklyn Center is authorized to participate in
the Hennepin County Purchasing Agreement; and
WHEREAS, on Tuesday, December 6, 1977 bids were taken for - the
furnishing and delivering of grass seed and fertilizer.
NOW, THEREFORE, BE IT RESOLVED by - the City Council of the City of
Brooklyn Center that - the bid of Peterson Forage Seed Company in 'the amount
of $90.71 /cwt. for 1700 lbs. of grass seed totaling $1,542.07 and 2000, lbs.
of annual rye grass at $15.50 /cwt. for a -total of $310 in accordance with
specifications is deemed Ito be - the best bid submitted by a responsible bidder
and said bid is hereby accepted.
BE IT FURTHER RESOLVED - that - the bid of Howe Fertilizer for 45 - tons of
25 -5 -10 fertilizer in - the amount of $148.60 /ton of fertilizer - totaling $6,657
in accordance with specifications is deemed - to be -the best bid submitted by a
• responsible bidder and said bid is hereby accepted.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of - the foregoing resolution was duly seconded by
member and upon vote being - taken thereon, -the
following voted in favor - thereof:
and - the following voted against the same:
whereupon said resolution was declared duly passed and adopted. -
•
i
Member introduced - the following resolution and
moved i adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF A DUMP TRUCK
CAB AND CHASSIS
WHEREAS, the City of Brooklyn Center is authorized - to participate in
'the Hennepin County Purchasing Agreement; and
WHEREAS, on Tuesday, February 7, 1978 at 2 :00 p.m. bids were
received for - the furnishing of a 27,500 GVW cab and chassis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of -the City
of Brooklyn Center that -the bid of Freeway Ford for one (1) LN800 Ford, 27,500
GVW cab and chassis w /options in -the amount of $12,435 in accordance with
specifications is deemed to be - the best bid submitted by a responsible bidder
and said bid is hereby accepted.
Date Mayor
ATTEST:
Clerk
The motion for - the adoption of - the foregoing resolution was duly seconded
by member , and upon vote being •taken •thereon , 'the
following voted in favor -thereof:
and , the following voted against - the same:
whereupon said resolution was declared duly passed and adopted.
0
Member introduced -the following resolution
• and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF CHAIN LINK FENCING
WHEREAS, Chapter 471.345 of - the Minnesota S provides for,
purchase of merchandise, materials or equipment, or any kind of construction
work by informal quotations when - the amount of such contract is less than -ten
-thousand dollars ($10,000) and
WHEREAS, the City Manager has obtained quotations on - the purchase
of 1300 lineal feet of 11 ga x 72" chain link and has determined that the
quotation of Montgomery Ward in - the amount of $2.346/lin, ft. is the best
quotation submitted
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center -that 'the City Manager be authorized to contract for the
purchase of 1300 lineal feet of fencing with terminal and line posts, - top rail
and all fittings in - the amount of $3,049.80 from Montgomery Ward.
Date Mayor
•
ATTEST;
Clerk
The motion for -the adoption of , the foregoing resolution was duly seconded by
member , and upon vote being - taken thereon, the
following voted in favor - thereof:
and -the following voted against - the same:
whereupon said resolution was declared duly passed and adopted.
i
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION SUPPORTING THE CONSTRUCTION OF COURT
FACILITIES FOR HENNEPIN COUNTY MUNICIPAL COURT AT
THREE LOCATIONS WITHIN SUBURBAN HENNEPIN COUNTY
WHEREAS, the Hennepin County Municipal Court Act established
various locations for the holding of court throughout the County to serve all
the citizens and the municipalities of the County with 'adequate and convenient
Court facilities maintained by the County; and
WHEREAS, for the twelve years since the Court's inception, it has
utilized facilities provided on a rental basis by various municipalities and
private parties, many of which facilities are inadequate for the needs of the
Court; and
WHEREAS, the long range planning goals of the Hennepin County
Municipal Court include a plan to have a major court facility built and main-
tained by the County at three suburban locations, roughly corresponding to the
locations of the Brookdale, Ridgedale and Southdale Shopping Centers; and
WHERE -AS, the Hennepin County Commissioners have considered the
establishment of County Library fa ilit a the s ame location
�
- F.r�+�......� ,�' a.:. _�"�'• •�t..w.�..�.. y....�� -+-fit ,�w-�L
• "`NOW, THEREFORE, BE IT RESOLVED by the City Council ;, of the City
of Brooklyn Genter that,,it supports the concept of the construction and establish -
ment of Court buildings and facilities by the Board of Hennepin County Commis-
sioners at three suburban locations roughly corresponding to Brookdale,
Ridgedale and Southdale Shopping Centers, in conjunction with planned
library facilities at the same location;
BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn
Center urges the State Legislature to amend Chapter 488A of Minnesota Statutes
to permit the above stated change in Court locations contingent upon the
construction, by Hennepin County, of adequate Court buildings and facilities
at the said locations.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
• moved its adoption:
RESOLUTION NO.
RESOLUTION SUPPORTING MUNICIPAL SELF- INSURANCE BILL
WHEREAS, 'the City of Brooklyn Center has experienced large increases
in 'the cost of insurance; and
WHEREAS, 'the cities of Bloomington, Brooklyn Center, Brooklyn Park,
Coon Rapids, Crystal, Edina, Fridley, Golden Valley, Minnetonka, Richfield,
and St. -Louis Park and Hennepin County have had preliminary discussions of
'the possibility of cooperatively self- insuring or jointly purchasing insurance;
and
WHEREAS, it`aipears - tha - t it may be possible for these cities - to realize
appreciable savings through cooperative self - insurance
NOW, THEREFORE, BE IT RESOLVED by 'the City Council of - the City of
Brooklyn Center 'to urgently request -that the Legislature pass either general or
special legislation to authorize -these cities 'to cooperatively self - insure their
risks
Date Mayor
ATTEST:
Clerk
The motion for the adoption of - the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, -the
following voted in favor thereof:
and -the following voted against 'the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
• ORDINANCE NO.
AN ORDINANCE PROHIBITING PROSTITUTION, NUDITY AND OTHER ACTS
WITHIN THE CITY OF BROOKLYN CENTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 19*of -the City Ordinances of 'the City of Brooklyn Center
i
is hereby amended by -the addition of the following:
Section 19 -1700. Definitions
The following - terms will have the following definitions for - the purposes of
- this Ordinance.
a. Public Place - the - term "public place means any place or premises
accessible to - the general public including but not limited 'to streets,
Y Y
alleys, sidewalks, driveways and p arks and .also includes such parts
of buildings and other remises whether ublicall or p rivately owned
g P P Y P Y
which are used by the general public or as -to which - the general public
Is invited, commercially, for a fee or otherwise or in or on which -the
general public is permitted, including any club or association of
members which accepts members from 'the general public and shall also
ate
incl ude i wherein - the conduct complained of is op enly
1 ry p
P p rop ert y ert Y
• and easily visible by members of the general public from positions
not on said private property,
b. Person - - the term "person" shall include individuals, firms, partnerships ,
corporations, joint ventures, clubs associations, and organizations
and shall further include - the officers, agents, partners, directors -and
employees thereof
c. Nudity - - the term "nudity" means - the showing of the human male or .
female genitals, pubic area or buttocks with less - than a fully opaque
covering r - the showing of a post-pubertal female breast wi�th.less •tha
g
a fully opaque covering of any, portion thereof below - the top of the ni pple
thereof or - the showing of covered male genitals in a discernibly ty urgid
s*ta .
d. Sadomasochistic abuse the term "sadomasochistic abuse means scenes,..
exhibitions, enactments , re- enactments, displays or acts involving a
person or persons, any of whom are nude, clad in undergarments or in
sexually revealing costumes and wh are engaged in activities involvin
- the- flagellation, torture, fettering, binding or other physical restraint or
physical abuse of any such person.
•
ORDINANCE NO.
e.. Sexual Conduct - - the term "sexual c onduct" means any acts by
oneself or another or simulation -of acts of masturbation, homosexual
intercourse, heterosexual intercourse fellatio, cunnilingus, anal
intercourse, or the physical contact with a persons' unclothed genitals
pubic area, buttocks or if said person is a female, her breasts
f. Sexual Excitement - - the term "sexual excitement" means - the condition
of - the human male or female genitals or the breasts of -the female in a
state of sexual stimulation or the sensual experience of humans engaging
in or witnessing sexual conduct or nudity.
Section 19- 1701. Prosti - tu - tion and Cther Acts Prohibited
No person in any public or priv pl ace shall hold out for hire offer or agree
'to submit his or her bod for hire for the purpose of heterosexual intercourse, _homo
sexual intercourse, cunnilingus, fellatio, anal intercourse, manual genital stimulation
or for the purpose of engaging in any similar act using any device, contrivance or other
part of the body .
Section 19 -1702. Further Acts Prohibited.
No person in any public or private place shall secure or offer - to secure, entice
or attempt - to entice or invite another - to engage in prostitution as described in =-this
section and no person shall ai or abet the commission of such acts or prostitution
or knowingly accept any part of the earnings of a prostitute or earnings from prostitution
nor shall any person knowingly facilitate or promote pros as defined in this
ordinance by any means including but not limited - to means of - telephone communicatio
or by use of a - telephone answering service or the like.
Section 19 -1703. Prohibition of Nudity in Public Places
I't shall be unlawful for , the lessee, licensee, owner or manager of any_publi
place - to permit, allow, suffer or fail -to prevent in such 12 sadomasochistic -
abuse, sexual conduct or sexual excitement as defined in this section or for any person
to so par ticipate or engage in any nudity, sadomasochistic abuse, sexual conduct or
sexual excitement in any such public place.
Section 19- 1704. Separability.
If any section, subsection, paragraph or provision of this ordinance shall be
held invalid for any reason whatsoever, such invalidity shall not affect - the remaining
portion of - this ordinance which shall remain in full force a nd effect and to this end
'the provisions of this ordinance are declared - to be severable
Section 19 -1705 Penalties .
An person found guilty by lawful authority of violating any provisions of this
ordinance shall be punished by a fine of not more than $500 and by imprisonment for
nut longer - than ninety (90) days or both.
•
JL
i
ORDINANCE NO.
• Section 19 --1706 Liabilitv for the Crimes of Another
Every person who commits or attempts to commit, conspires 'to commit or
aids and abets in the commission of any act constituting a violation of this ordinance
or any act, which constitutes an omission and, therefore, a violation of - this ordinance,
whether individually or in connection with one or more persons or as principal, agent
or accessory, shall be guilty of such offense and every person who falsely, fraudulently,
forcibly or willfully induces, causes, coerces, rectuires permits or directs another _to
violate any of the provisions of this chapter is likewise guil of such offense.
Section 2. This ordinance shall become effective after adoption and upon -thirty
(30) days following i legal publication.
Adopted - this day of 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter.)
Licenses to be approved by the City Council on February 27, 197$
..�'�
BINGO LICENSE f/
St. Alphonsus Church Men's Club 3825 58th Ave. No. .d. &ze2 2
• City Clerk
FOOD ESTABLISHMENT LICENSE
Brooks Superette 6800 Humboldt Ave. No. T G
Ground Round Restaurant 2545 County Rd. 10 7
r+ ,
Happy Dragon Restaurant 5532 Brooklyn Blvd. 77
Hickory Farms Store Brookdale Shopping Center 7, C
Maid oil Scandinavia Co. Westbrook Mall T L . iIZU /, �U
Mario's Speed Wagon 5742 Morgan Ave. No. T. L .�1 L /'J q
Olive's Ea st Brookdale Shopping Center
, Pizza Factory_ 6816 Humboldt Ave. No. t
Rog & Jim's Superette, 6912 Brooklyn Blvd, i 1L1� hJ
Service Systems Corp • Soo Line Bldg.
N.W. Bell 5910 Shingle Creek Pkwy.
Super Sam's 1267--Brookdale Center
Arthur Treacher's Fish & Chips_ 6.100 Brooklyn Blvd.
Sanitarian _
ITINERANT FOOD ESTABLISHMENT LICENSE
Brooklyn Center Mrs. Jaycees _ 5113 Eleanor Lane
(Bunny Breakfast) Earle Brown School
Sanitarian
ONPERISHABLE
VENDING MACHINE LICENSE -
Allen Hairstyling 5708 Morgan Ave. No. �E?
H. & L. Enterprises 11517 Yukon St. N.W.
Whirltronic s 3401 48th Ave. No. .� L •' x - )
Service Systems Corp. Soo Line Bldg.
N.W. Bell - 5910 Shingle Creek Pkwy.
Sanitarian
PERISHABLE VENDING MACHINE LICENSE
Apple -A -Day Vending Service 3536 Emerson Ave. So.
Brooklyn Center High School 6500 Humboldt Ave. No. 7, L [,�?,�
H. & L. Enterprises 11517 Yukon St. N.U1T.
Whirltronics 3401 48th Ave. No. 7+- L
Sanitarian
RENTAL DWELLING LICENSE
Initia 1:
Manferd Rasmusson &
John Christensen 7040 Brooklyn Blvd,
Henry & Juanita Holm 5206 Drew Ave. No,
Howard Coombs 6725 W. River Rd. - ;76- : 7VJ_t7 r.L4_
Renewal:
Egons Podnieks, Joseph McGi.11iduddy,
Richard Thill & Sam Demou Garden City Court Apts.
Multiplex Management Go. Unicorn Apts.
O obert W llwersche d,
Fred Robbins & J.M. Rafter 6 331 6401, 6425 Beard No. 3. 7, 1r 0, (..;
Ralph C Johnson 5440,5444 Bryant Ave. No. -T,,
Richard Biggs 819, 820 55th Ave. No.
Roger L. Lundquist 3910 65th Ave. No. `c a i 1,�-J
Gladys Schwartz 4006 65th Ave. No. a�'_`22LI PL-0 l
The Director of Planning
and Inspection
SPECIAL FOOD HANDL EST ABLISHMENT LICENSE'
, Brooklyn Center Liquor Store #1 6800 Humboldt Ave. No. ;
Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. T.
.Brooklyn Center Liquor Store #3 Northbrook Center T, ? L,
Fun Services, Inc. 3701 50th Ave. No. T L .
Ideal Drug Store 6800 Humboldt Ave No. 7` L -1 rte_
Toy City Store 6000 Earle Brown Dr. 7. L,
Sanitarian r
i