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HomeMy WebLinkAbout1971 02-08 CCM Regular Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnes February 8, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7.55 P.M. Roll Call: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Also present were: Donald Poss, Paul Holmlund, James Merila , Richard Schieffer, Tom O' Hehir and Tom Loucks. Pastor Lynch of Brooklyn Center Baptist Church offered the invocation. Approval of the January 25, 1971 Council minutes was deferred until the next Council meeting. The first item of business was the report of the Youth Organization Steering Committee, Mayor Cohen recognized Mr. Marc Kruger, Chairman of the Youth Organization Steering Committee, who indicated that some nine months ago the Committee had been charged with the responsibility by the Council to determine the needs of an organization for youth in the City of Brooklyn Center. He noted that their recommendations have been summarized in a resolution which he presented to the Council. Councilman Willard indicated his concurrence with the provisions of the resolution and with the recommended Youth Advisory Commission proposal. Councilman Heck indicated that he felt the recommendation of the Commission was an excellent approach in the solution of the problems of youth. Councilman Ausen commented that the portion of the resolution covering duties and responsibilities of the Youth Advisory Commission was far to restrictive and narrowly defined compared to the rough draft submitted to the Council members previously. He indicated that he felt the Steering Committee - probably did not intend to restrict the proposed commission so severely. Mr. Kruger indicated that he felt it was the opinion of the Steering Committee that the statements , duties and responsibilities were general in nature and were not restrictive. A discussion ensued during which Councilman Ausen questioned whether the proposal would permit youth to freely express themselves on relevant issues, whether it was appropriate to propose that the Mayor be authorized the power to remove the chairman of the commission, and whether the proposed qualifications for membership would limit those youth having problems such as criminal records from achieving membership on the commis- sion. Mr. Kruger and Mr, Dan Jordet of the Youth Organization Steering Committee responded their opinions to the effect that the proposed scope of the commission was general and not restrictive, that the proposal that the chairman of the commission could be removed by the Mayor with a confirming vote of the City Council was not inappropriate and would not restrict the ability of the commission and its chairman in its activities, and that the qualifications for membership did not exclude those youth with problems from membership on the commission. Mr. Jordet further commented to the effect that the Steering Committee envisioned the proposed commission as being a forum for the purpose of hearing and evaluating the problems and concerns of all youth and making recommendations thereon to the City Council and other agencies. Councilman Leary extended praise for the work of the Youth organiza- tion Steering Committee and commented that he was prepared to accept their proposal ,and give it a chance to work. -1- . Mayor Cohen commented to the effect that he was pleased with the proposal of the Steering Committee and that the recommendations therein were acceptable to him.. A motion was made by Councilman Leary and seconded by Councilman Heck to accept the proposal submitted by the Youth Organization Steering Committee and to direct the City Manager to prepare a draft resolution creating a Youth Advisory Commission consistent with the recommendations. Councilman Ausen offered his opinion that the Council should spend additional time scrutinizing the language of the proposal because he suspected - that the proposal did not accurately reflect the intentions of the Steering Committee. Mr. Kruger commented that the Youth Organization Steering Committee was of the opinion that they had accomplished the task with which they had been. charged. Mayor Cohen then called the question on the motion. Those voting in favor were:, Mayor Cohen, Councilman Willard, Councilman Leary, and Councilman Heck. Councilman Ausen stated his desire to be recorded as not voting because he felt that the City Council had not devoted adequate consider- ation to the proposal submitted by the Youth Organization Advisory Committee. Motion carried. Mayor Cohen then noted that he had received a letter of resignation from the Brooklyn Center Conservation Commission from Peter Simmons. A motion was made by Councilman Willard and seconded by Councilman Heck to confirm Mayor Cohen's appointmert of Mr. Greg Almen, 5925 June Ave. North as a member of the Conservation Commission for a three year term effective January 1, 1971. Voting in favor were : Mayor Cohen, Councilman Leary, Councilman Ausen, Councilman Heck and Councilman Willard. Voting Against were: none. Motion carried unanimously. The City Council recessed at 9:00 P.M. The City Council reconvened at 9 :20 P. M. The City Council next considered Planning Commission Application No. 70045 submitted by Standard Solvents, Inc. requesting a sideyard setback variance and site building plan approval for a building addition to be con- structed at 4916 France Avenue North. The application was reviewed by the City Manager and illustrated by Mr. Loucks who indicated that in addition to the zero sideyard setback question there were problems with regard to the site plan itself. He noted that the site plan is deficient in green strip area, underground sprinkler system, . and deficient in the designation of parking areas. He further noted that there is a problem in loading and unloading of materials at the front of the building that should be resolved. Mr. Willard indicated that in previous meetings in regard to this application they were principally concerned with the potential fire hazard related to the business. He noted that if the applicant adhered to the require- ments as set forth in a letter by the Brooklyn Center Fire Chief then those concerns would be somewhat negated. Mayor Cohen recognized Robert Jensen, Chairman of the Planning Commission, who reviewed the conflicting views of the Planning Commissioners. The City Manager then reviewed a letter submitted by the applicant stating their reasons why the variance should be granted. He noted that the basic consideration being asked for by the applicant is one in which a hard - ship is based upon a financial reason. He indicated that the ordinance does not recognize finance as a hardship consideration. Mr. Dave Heegaard, representing Standard Solvents, then reviewed what he considered the infeasibility from an economic standpoint of con- structing a conforming, but rectangular, addition to their existing facility. _2 - Councilman Willard oommen4d fihat he is not convinced that the applicant has shown hardship other than that existing businesses in the area have been granted variances in the past. Mayor Cohen noted that` in view of previous actions if it would not be unreasonable In his opinion to extend or grant a variance in this case. Councilman Auden noted that the problem of hardship appears to be economid and suggested the Council should be concerned with preserving the ordinance instead of trying to work around it, unless it was determined that the ordinance itself is unrealistic, in which case the ordinance should be changed rather than granting a variance. Mayor Cohen suggested that perhaps the City Attorney should review the effect of precedent in granting previous variances in the vicinity. A motion was made by Councilman Willard and seconded by Councilman Heck to table Application No. 70045 and refer it to the City Attorney, directing him to review the ramifications of variance precedent and to make a report to the Council in approximately thirty days. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. The next item of business was Applications No. 70060 and No. 70061 submitted by Ernst, Lane & Ernst Clthite Castle). The application was reviewed by the City Manager who Indicated that Ernst, Lane & Ernst was requesting rezoning f Lots 4 and 5 Lane's Brooklyn Center Addition from R -I to C -2,, �g Yn and site, building and plan approval for Lots 4, 5, 6, 7, 8, 9, 10 and 11. Lane' s Brooklyn Center Addition. He indicated the Planning Commission had recommended approval to the City Council of Application No. 70060 to rezone Lots 4 and 5, Lane's Brooklyn Center Add#l,on, and further that site and building plan approval had been recommended for Lots 4, 5, 6, 7, 8, 9, 10, and 1I Dane's Brooklyn Center Addition ,, subject ect to the certain conditions. The site plan was illustrated by Mr. Loucks, who Indicated various changes to the plan as recommended by the Planning Commission, Mayor Cohen then recognized Robert Hayes of the White Castle Systems, Inc, who briefly summarized the White Castle operation and their objectives in locating in Brooklyn Center. Mayor Cohen then opened the discussion to the floor. It was the general consensus of affected property owners that because of the type of the operation proposed there would be a nuisance in regard to litter., that the noise of a 24 --hour operation in that area would serve as a detriment to the neighborhood, and a concern with increased traffic volumes on June Avenue. There was also a concern that intense lighting of the corner would be a disruptive influence on the neighborhood during late evening hours. Mr. Hayes in responding to the objections of the residents indicated that it is the intent of White Castle to construct a fence around the property to contain litter and further that it is the company policy of White Castle to police within three blocks of their establishments. He further indicated that the 24 -hotw operation is a company policy and is one which they feel is a key to their operation. He noted that In regard to late evening and early morning hour noise that It is a difficult problem to control but is the policy of White Castle to not allow loud vehicles such as motorcycles on their premises. Mr. Bill Johnson, Project Engineer #or White Castle, Indicated that In his opinion all the lighting Problems could be resolved in accordance with the Brooklyn Center ordinance requirements by adjustment of the lights to prevent light from protruding on adjacent properties. Councilman ViUlard ' lard commented that he Is very concerned about the development and indicated that approval of the rezoning and site and building plans would be tantamount to changing the character of the neighborhood because of the length of hours of operation and the change of the nature and extent of existing traffic patterns in the area, Mayor Cohen noted that the Council had not had an adequate opportunity to review the staff traffic study on June Avenue and thought the Council required adtional time to do so. _3_ Councilman Heck indicated that Mr. Willard's points were well taken In regard to the ramifications of this type of development adjacent to a neigh - borhood of a residential character. Councilman Ausen commented that C-2 property In the block has been gradually changing to C -1 uses since the widening of Brooklyn Boulevard and raised the question of whether expansion cf the C -2 zone in view of the neighborhood shopping area proposed by the Planning Commission for the other side of the intersection would be consistent with planning goals for the area. Mayor Cohen then recognized Mr. Cy Bayer, Attorney representing Lane and Ernst, who commented in support of the proposal. Following considerable discussion, a motion was made by Councilman Leary and seconded by Councilman Ausen to table Application No. 70060 and 70061 to allow further consideration of the application until February 22, 1971. Voting in Favor were: Mayor Cohen , Councilmen Leary, Ausen, Heck and Willard. Voting against were: none.. Motion carried unanimously. The City Manager then introduced the ice Arena Feasibility Report and gave a brief summary of the contents of the report. A motion was made by Councilman Heck and seconded by Councilman Leary to acknowledge receipt of the report and direct the City Manager to provide copies of same to the Planning Commission, C.I.R.B., and Park and Recreation Commission for their review and comment. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. lotion carried unanimously. A motion was made by Councilman Ausen and seconded by Councilman Willard to approve an, investment of the Fire Relief Association. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Member john Leary introduced the following resolution and moved its adoption; RESOLUTION NO. 71 -22 RESOLUTION AUTHORIZING REPAIR CP PUMP FOR WELL NCI. 5 fpEEp MMLL 1ME&oVEhZNT MZCT n 1965 -36A 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, Vernon Ausen, 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. 71 -23 RESOLUTION STA WISHING , MUNIC?PAL„� � AM STREET 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, Vernon Ausen, Howard Heck. and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared drily passed and adopted. The City Manager noted that he had received a correspondence from County Highway Department in regard to the City`s request for removal of Xerxes Avenue from the State Aid System. A motion was made by Councilman Heck and seconded by Councilman Willard to reaffirm the Council's position : regard to removing Xerxes Avenue from the State Aid Street System. -4- Voting in favor were: Mayor Cohen, Councilman Leary, Councilman Heck, Councilman Ausen and Councilman. Willard. Voting against were: none. Motion carried unanimously. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -24 RESOLUTION CONSENTING TO DISSOLUTION OF SUBURBAN SANITARY SEWER COMMISSION 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, Vernon Ausen, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The next item of business was an ordinance amending Chapter 17., The City Manager introduced the item and indicated that the ordinance is intended to implement the provisions of the State law relative to the holiday schedule. Motion by Councilman Leary and seconded by Councilman Willard to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES Voting in favor were: Mayor Cohen, Councilman Leary, Councilman Heck, Councilman Ausen and Councilman Willard. Voting against were: none. Motion carried unanimously. A motion was made by Councilman Heck and seconded by Councilman Ausen to approve the following licenses: Bulk Vendor License Ed's Vending Service 5204 Fremont Ave. No. Establishment License Beacon Bowl 6525 Lyndale Ave. No. The Brothers Restaurant, Inc. 1341 Brookdale Center Brookdale Super Valu 5801 Xerxes Ave. No. Donaldson's Inc, 1200 Brookdale Center Farrell's Ice Cream Parlour 5524 Osseo Road Nature Food Center 1328 Brookdake Center Rog & Jim's Superette 6912 Brooklyn Blvd.: F T. J.'s 5532 Brooklyn Blvd, Servomation 4301 - 68th Ave. No. Garbage Haulers License Bautch Disposal Service 2931 Marshall St.N.E. Non- Perishable Food Vending Machine License Anderson Automatics, Inc. 4912 France Ave, No. Beacon Bowl 6525 Lyndale Ave. No. Northomation Systems, Inc.- 4565 West 77th Street Rog & Jim's Superette 6912 Brooklyn Boulevard Servomation 6801 Brooklyn Boulevard Readily Perishable Food Vehicle (Fleet) License. Servomation 6801 Brook BouleVard w5- Readily - Perishable rood Vending Machine License Servomation 4301 68th Ave. No. Heating and Air Conditioning License Berghorst Plumbing & Heating 10732 Hanson Boulevard Voting in favor were: Mayor Cohen, Councilman Leary, Councilman Heck, Councilman Ausen and Councilman Willard. Voting against were: none Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Leary to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilman Leary, Councilman Heck, Councilman Ausen and Councilman Willard. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 1.2:55 A.M. Clerk. Mayor 6 _