HomeMy WebLinkAbout1971 06-14 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
Minnesota
June 14, 1971
The City Council met in regular session and was called to order
by Mayor Philip Cohen at 7:31 P. M.
Roll Call: Mayor Philip Cohen, Councilmen John Leary, Vernon Ausen,
Howard Heck and Theodore Willard. Staff member present were: City Manager
Donald Poss, Director of Public Works James Merila, Director of Finance
Paul Holmlund, City Attorney Richard Schaeffer, Police Chief Thomas U' Hehir,
Administrative Assistants Blair Tremere and Tom Loucks.
Reverend Roy Lindquist of Brookdale Covenant Church offered
the invocation.
A group of Camp Fire Girls from the Kon Lo Ki Pa Horizon Club presented
the City Council with a cake as an expression of their appreciation for the
efforts of the City Council on behalf of the betterment of the community,
Councilman Ausen indicated that there were some clarifications made
of the May 24, 1971 Council minutes. The first concerned the discussion of
Planning Commission Application No, 70067, Councilman Ausen stated that
the intent of his comment concerning the matter of open space dedication was
that the developer should be solely responsible for maintenance of that property
as if he were retaining the land for his own purposes.
Councilman Ausen's second clarification related to the discussion
of Application No, 71009. He stated that it had been noted for the record that it was
the consensus of the Council that the ordinance requirement for an underground
Irrigation system and for an internal fire sprinkling system had not been applied
to this application because the proposed addition is incidental to the existing
structure. Councilman Ausen clarified his position that the I -2 irrigation and
sprinkling requirement did not apply since this was an addition to an existing
structure. He felt that whether the addition was major or incidental was not
a valid criteria.
Motion by Councilman Willard and seconded by Councilman Heck
to approve the minutes of the May 24, 1971 Council meeting recognizing the
comments by Councilman Ausen concerning said minutes. Voting in favor were:
Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against
were: none. Motion carried unanimously.
Mayor Cohen then recognized Mr. Edwin Theisen, Chairman of the
Capital Improvements Review Board, for the purse of presenting a C.I.R.B.
report regarding a municipal ice arena. Mr. Theisen reviewed the major features
of the report and responded to questions from the City Council. He recommended
that the matter not be referred and studied by any other committees, but that the
City Council should now make a determination of the matter.
A motion was made by Councilman Heck and seconded by Councilman
Leary to accept the report of the Capital Improvements Review Board relative
to a municipal ice arena. 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 Planning Commission Application No.
70012 submitted by Viewcon, Inc. requesting site and building plan approval
for a 102 -unit townhouse development for a parcel located at 58th and Major
Avenues North.
-1-
The City Manager reviewed the item indicating that it was reviewed
by the Planning Commission on April 2, 1970 at which time a recommendation for
conceptual approval of the site plan was made to the City Council. The Council
then reviewed the application on April 13, 1970 at which time concept plans
were approved and the City Manager was directed to develop and recommend
methods of resolving inconsistencies and conflict between the subject proposal
and existing ordinance structure. It was further noted that on May 24, 1971
the City Council had reconsidered the application and it was their action to
remand it to the Planning Commission for fur`,her review and recommendation.
It was indicated that the Planning Commission had again considered the
matter on Tune 4, 1971 when the project was described as having 102 townhouse
units and was to be developed in two phases. The first phase would consist
of a 4 -unit cluster model which wo uld be located on the southern portion of
the property adjacent to County Road 10 with an additional 40, housing units,
tennis courts, pool, basketball court, shuffleboard court, and tot -lot to be
constructed when n 80% of the 40 units are presold. It was further noted that when
phase 1 was completed each unit would be surveyed and a plat submitted for
approval. It was stated that the development would consist of three and four
bedroom units ranging in price from $24,,000 to $32,,000 per unit, It was noted
that the City Attorney had reviewed the proposed Home {owner's Association
Agreement and its relationship to existing state statutes had offered the opinion
that the proposal is a standard agreement and appears to be in order.
Mr. Loucks explained the site plans to those neighborhood residents
who stated they had not seen them previously. Councilman Willard asked
Mr. Loucks if there were any substantial differences In the present plan with
previous ones which had been shown to the Planning Commission. Mr. Loucks
replied that the basic layout was the same. Upon request of Councilman Heck
Mr. Loucks showed the Council and some of the residents present the original
plan and explained it.
Mayor Cohen opened the discussion to the audience. The first resident
to comment was Mr. Floyd Buhler, 5837 June Avenue North. Mr. Buhler said
that he felt that the neighborhood residents had been deceived in that the
renderings and plans shown for the housing units by the developer at the
rezoning hearing indicated much more substantial, expensive and attractive
units then those which were now being presented for approval by the Council.
Mr. Buhier also noted that he was opposed to having a snow fence constructed
on his lot line for the duration of the construction of the project. He stated
that he felt the developer should construct the various berms first and not
after the development had been underway. He noted that the residents were
already puttin g up with dust and debris from landfill activity which is presently
taking place.
Mr. Victor Henry of 5819 June Avenue North rated that there has been
substantial natural drainage in the area bordering the Tune Avenue properties and
that this drainage used to go into the peat area which the developer is now
digging out. He inquired as to who will be responsible for the drainage once the
area is altered. His concern was over the possible flooding of basements and
yards of the neighborhood residents.
The City Engineer noted that theme was some drainage provided in the
plans and that in the approval resolution it was noted that proper drainage must
be provided. The City Engineer also noted that the City was responsible for
the approval of the elevation specifications in the plans.
Mr. Hemy then inquired as to traffic problems and whether adequate
cats would be installed since he felt traffic would substantially increase
especially along County Road 10 once the development was in. The City Manager
responded that it was not controls that were needed so much as walkway provisions
for pedestrians. He stated that the City staff at this time sees no need for traffic
controls, but hip noted that the City Council has given priority to the development
of a sidewalk network along County Road 10.
..2..
Mr. Roy Almen of 6925 June Avenue Borth said that for the most patt he
agreed that there had been deception in that the market value of the townhouse
development had lessened substantially from the type of units that were initially
proposed at the rezoning hearing. He felt that the proposed quality would tend
to adversely affect the market value of the real estate in the area. Mr. Almen
also inquired as to the possible use of 59 1/2 Avenue as any kind of an access
area to the development.
The City Manager replied that there would be no access from 59 1/2
Avenue since it is not on the plans. He recalled an earlier proposal that 59 1/2
Avenue easement might be reserved for access by City and emergency vehicles,
but that there was no recommendation by the City for its use as an access road
at this time.
Mrs. Carlson who resides at 5931 Jude suggested that the Council does
not seem to be concerned with the fact that the value of the unit has apparently
lessened from what the initial plans indicated. Councilman Willard responded
that the concern of the Council in rezoning matters is land use. He noted that
ordinances do not and cannot prescribe property values; rather, that is the
business of the investor based on market analysis and other factors. He noted
that no City Council or any other legislative body can legislate market conditions,
Mr. Farr, the developer, noted that their study indicated there was
no need for housing in the $35,000 to $40,000 price range in this area. He said
that the cuxrent need is great for lower price housing which could be afforded by
middle income people,
Upon completion of audience comments it was moved by Councilman
Heck and seconded by Councilman Leary to close the public hearing. Voting
In favor were; Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard,
Voting against were, none, Motion carried unanimously.
The Council then proceeded to deliberate the matter. Councilman Leary
noted that he generally agreed with the residents as to the initial construction
of the berms which would act as a buffer between the residential area and the
construction area.
Councilman Heck agreed that the berming should take place as soon
as possible and it should be a continuous operation. He felt it would be
advisable if the developer would set the snow fence along the resident's
property line during the initial phase of the excavation and construction of
the berms and once the berms were built the fence would be set back to the
construction side where it could better retain the debris from the construction.
Mr. Van Eeckhout, representing the developer, noted that this was
a good idea from a safety sense in that contractors have problems with small
children getting into the construction site while the heavy equipment is working.
Councilman Ausen noted his concern over the authority of the
Homeowner" s Association as it related to the long term maintenance of the
common areas,
Mr. Farr, the developer, said that the Homeowner° s Association charter
had been drafted by a tithe company and that the Association was self - governing
and complies With Minnesota law. He noted that future maintenance of the
common areas is written into the by -laws of that agreement.
Mayor Cohen commented that he foresaw few problems as long as the
Association was an active entity, but he wondered what the effect would be if
the Homed s Association went bankrupt or became defunct. He noted in
addition that the City has no ordinances at this time which govern condominiums.
A discussion ensued concerning the need for and the provision for
variances and easements of the property. There was concern that approving the
entire site plan would apparently entail giving the developer blanket variances.
-3-
The City manager suggested that the Council might just apprar a the
plans for the 4 --unit model cluster only since no variances were Involved. The
Council then could have specific approval of the other phases at a later time:.
Motion by Councilman Willard and seconded by CouncUman Heck that
the City Manager be directed to prepare a resolution which would approve
Application No. 70012 submitted by Vlewcon Apartment Builders subject to
the following conditions:
1 That a model 4 -unit cluster would be allowed to commence
prior to the construction of the remaining units in phase I
of the development.
2. That the master site plan be approved with the provision
that the balance of phase I and phase 2 be reviewed by
the Planning Commission and Council upon completion of
the four unit model cluster to determine if there are any
necessary adjustments to the total development plan prior
to entering into the balance of phase 1 and phase 2.
3. That additional berms, beyond those indicated on the site
plans, be provided adjacent to the single family residences
along June Avenue. Pu ther, that such berms be constructed
as early as possible and that such work be prosecuted in
a reasonably continuous fashion subject to the Influences
and osnstraLuts of accepted construction practices.
4. That a snow fence or other effective device be-erected on the east
prom lino axid raaintaizu;ci during tIua construction of the berms and
subsequant therato that such device be relocated on the .rosterly side
of sucl.:X -xr s to co in caonstructioa : eLvLs. on the corxtruction
site and to inhibit cUldreh s access to the construction site,
I II
51 That utility, drainage and elevation plans are subject to the
approval of the City Engineer prior to the issuance of a
building permit.
64 . That the HomeowneeB Association agreement Is consistent
with the state and/or local laws governing such agreements,
-
7. That building puns am subject to the approval of the
Building Inspector with respect to applicable building codes.
0 1 That a performance agreement and performance bond (in an
amount to be determined by the City Manager) be submitted
to the CAty to guarantee the site imnprovements as designated
on the plans submitted.
91 That the piattim requirement be warred because of the
III ',
uniqueness and peculiarities of the condominium development
until such time as a given phase of the development is completed.
Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, heck and Willard.'
Voting against were: none. Motion carried unanimously.
The meeting recessed at 10:25 P.M. and resumed at 10 :50 P.M.
The City Manager reviewed Planning Commission Application No. 71017
and 71018 submitted by Randall Lane requesting site and building plan approval
for a three story 26 -unit apartment building for the property located at the northeast
intersection of Emerson Avenue and 67th Avenue forth and for a tbree story,
22 -unit apartment development
&f1otion by Councilman Leary and seconded by Councilman Ausen to
approve Application Rio 71017 subject to the following conditions:
1 That curb cuts on Emerscn Avenue North and 67th Avenue
North be adjusted to meet the existing inplace curbing
on those respective roadways.
2. That the internal roadway at the northeast corner of the
proposed buildings be adjusted to reflect a 24 foot width
In lieu of the 20 foot width as shown on the plan„
3. That the site plan be adjusted to show parking and roadways
adjacent to the north property line in lieu of the present
landscaping and parking Lot layout
4. That drainage and elevation plans must be submitted for
review by the City Engineer,
S. That building plane are subject, to ichs .approval of the
Building lnspector with respect to applicable building codes.
6, That 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 as designated
or, the plans submitted,
7. That the applicant submit a revised landscaping plan to
include ber -ming which will I* reviewed by the staff prior
to construction.
Voting in favor were: Mayor Cohen, C.ou- nelmen Leary, Ausen, Heck and
Willard. Voting against were: ;rune. Motion canoed unanimously,
A discussion ensued concerning the variances and easements involved
In Application No, 71018, Councilman Leafy felt that further investigation was
needed and that the developer should rework. the configuration of the unit. The
developer agreed to this,,'
Motion by CouncUman Heck and seconded by Councilman Leary to
table Application No. 71 01€3 for further revision by the builder. Voting in favor
were: Mayor Cohen, Councilmen Learry, Au: en, Heck and Willard. Voting
against were: none. Motion carried unaniimusly,
The City Manager reviewed Planning Commission Application No. 71019
submitted by Standard Solvent requesting site and bolildinq plan approval for
an addition to the existing building Located at 4906 France Avenue North. It
was noted that there are two parts to the application one of which proposes the
construction of the building, landscaping and Wttumtnous surfacing for certain
areas of the parcel.. The second portion of the proposal which consists of
removing above grade storage tanks and placing them underground and surfacing
of the remaining driving and parking areas at a future date. Discussion ensued
concerning the revised site plan and the specifications of the equipment
Standard Solvent intends to install as well as the matter of snared access to the
site.
Motion by Councilman Heck and seconded by Councilman Ausen to
approve Application No., 71019 subject to the following conditions:
i, That the shrubby noted in the greenstrip area at the
westerly portion of the property be designated as mock
orange shrubs.
2. That the areas noted for futlare construct ion (placement of
storage tanks under ground and placing of bituminous surfacing)
be accomplished within a two year period, and further, that -
those future driving and parking areas be curbed with concrete
curbing in accordance with ordinance requirements,
3. That building plans are subject to the approval of the
Building Inspector with respect to applicable building codes,
i
4. That utility, drainage and elevation plans are subject
to the approval of the City Engineer prior to the issuance
of a building permit.
5 That a perform nce agreeme nt and performance bond (in an
amount to be determined by the City Manager) shall be
submitted to the City to guarantee the s ite I as
designated on the plans submitted
6. That the applicant shall place on file with the City the
document setting forth the easement for joint access between
Standard Solvent and Anderson Automatic.
Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard.
Voting against were: none. Motion carried unanimously.
The City Manager reviewed Planning Commission Application No. 71020
submitted by Brooklyn Center Industrial Park requesting site and building plan
approval for two industrial buildings on a property located at the intersection of
Shingle Creek Parkway and 65th Avenue North. Following a review of the building
and site plans, a motion was made by Councilman Willard and seconded by
Councilman Leary to approve Application No, 71420 subject to the following
conditions:
1 That the berm area depicted on U%e southwest corner of the
parcel be moved 50 feet in an easterly direction to per mit
proper site distance at the intersection of Shingle Creek
Parkway and 65th Avenue Piorth.
2 That all other berms depicted on the site plan be at grade
level a minimum of 15 feet from existing or future curb lines
to allow for construction of futn n rMewalks.
3. That building plans are subject to the approval of the
Building Inspector with respect to applicable building codes.
4. That utility, drainage and elevation plans are subject to the
approval of the City Engineer prior to the issuance of a
building permit.
5, That 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 as designated
on the plans submitted.
V&Jng in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard,
Voting against were: none. Motion carried unanimously.
The City Manager reviewed the liquor license application submitted
by the Green Giant Restaurant. He noted that the application was for one of
the five available on -sale licenses which the Council is authorized to issue.
He stated that the application has been investigated by the Police Department
pursuant to the oridnance requirements and that such investigation disclosed
no inconsistencies with the facts set forth in the application nor any other facts
unfavorable to the application.
There ensued a discussion of the issuance of the available licenses
in light of the intent of the legislation which provided for them. Mr. E, J.
Martell, ' General Manager of the Green Giant Restaurant Division, explained
that it was the intent of the applicant to refurbish the interior of the present
building and enhance the operation of the restaurant to a level as that which
is commonly known as a 'steak and lobster menu" restaurant operation.
Councilman Leary expressed points in favor of approval to the
effect that:
�6-
1 The issuance of the license would enhance an existing
Brooklyn Center business by probably increasing its business
activity.
2. There is a current need for quality restaurant facility in
Brooklyn Center.
3. The restaurant is in a good location to serve the needs
of the community.
4. The applicant proposes to utilize the liquor license
immediately.
Mayor Cohen commented that it was vital to review the reasoning
behind the split liquor legislation and that it was important to appreciate the
intent of the people as reflected in the referendum implementing the legislation,
He suggested that it was the intent of the people that the limited number of
licenses be used to attract new businesses.
Councilman Heck noted that the intent of the law is to help communities
increase their tax base by attractAng new businesses. In that regard he was
concerned that each license should represent a maximum return to the City.
He also commented that the Green Giant Restaurant had not made any indication
of a desire for a liquor license when it initially began business.
Councilman Ausen said that he felt a "steak and lobster" quality
restaurant was needed in BrooWn Center and that was sufficient grounds to approve
this application. -He noted that the license would be issued on an annual basis
and it would be subject for review each year.
Mayor Cohen handed the gavel to Councilman Leary,
Motion by Councilman Hack to instruct the City Manager to draw up
a resolution denying the liquor license application of the Green Giant Restaurant.
Seconded by Mayor Cohen, Voting in favor were: Mayor Cohen and Councilman
Heck. Voting against were: Councilmen Leary, Ausen and Willard. Motion failed.
Councilman Leary retuned the gavel to Mayor Cohen.
Motion by Councilman Willard and seconded by Councilman Leary to
table the Green Giant Restaurant liquor license application for approximately
60 days so that the Council could review what meaningful action was taken
within that time by other prospective liquor license applicants. Voting in favor
were: Mayor Cohen, Councilmen Leary and Willard. Voting against were:
Councilmen Ausen and Heck. Motion carried.
Member Theodore Willard introduced the following resolution and
moved its adoption:
RESOLUTION NO. 71 -111
RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN PROPERTY
INCLUDE, IH THE CITY -OPEN SPACE APPLICATION
The motion for the adoption of the foregoing resa lution was duly seconded by
member Vernon Ausen, 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 john Leary introduced the following resolution and
moved its adoption:
RESOLUTIONT NO. 71 -112
RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN PROPERTY
INCLUDE CM � _OPEN SPACE APPLICA ON
-7-
The motion for the adoption of the foregoing resolution was duly seconded by
member Then done 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.
Member Howard Heck introduced the following resolution and
moved its adoption
RESOLUTION NO. 71 -113
RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN PROPERTY
INCLUDED IN„THE C= -OPEN SPACE APPLICATION
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, 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 -114
RESOLUTION AUTHORIZING THE PURCfi SE OF CERTAIN PROPERTY
�N CLUDEQ IN THE CITY -OPEN SPACE A
The motion for the adoption of the fuiegoinq resolution was duly seconded by
member Vernon Ausen, 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 John Leary introduced the following resolution and moved
Its adoption:
RESOLUTION NO. 71-115
RESOLUTION AUTHORIZING TFLE. PURCHASE OF CERTAIN PROPERTY
INCLUDED IN THE CTi'Y P£� APPLICATION
The motion for the adoption of the foregoing resolution was duly seconded by
member Vernon Ausen, 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
whereupon said resolution was declared duly passed and adopted.
Member Vernon Ausen introduced the following resolution and moved
its adoption:
RESOLUTION NO. 71 -116
RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN PROPERTY
INCLUDED IN THE CA'Y -OPEN SPACE APPLICATION
The motion for the adoption of the foregoing resolution was lily seconded by
member John Leary, and upon vote being taken thereon, the following voted
in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and
Theodore Vuillard; and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.
Member Theodore 'Millard introduced the following resolution
and moved its adoption:
RESOLUTION NO. 71 -117
RESOLUTION ACCEPTING QUOTATIONS FOR TELESCOPIC LIFTING
PLATFORM AND AUTHORIZING TIM TRANSFER OF APPROPRIATIONS
FROM THE MAYOR AND COUNCIL {CONTINGENCY FUND (NO. 401 -48)
j TO THE GENERAL GOVERNMENT BUILDINGS FURNITURE AND
EQUIPMENT ACCOUNT (NO. 409 -52)
The motion for the adoption of the foregoing resolution was duly seconded by
member Vernon Ausen, and upon vote being taken thereon, the following voted
in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and
Theodore Willard; and tree 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 -118
RESOLUTION ACCEPTING QUOTATIONS FOR CHARTER RATE FEES
TO OPERATE BROOKLYN CENTER BUS INTERNAL CIRCULATOR
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, Vernon Ausen, Howard neck and
Theodore Millard, and the foUosving voted against the same: none, whereupon
said resolution was declared duly passed and adopted.
Member Howard Peck introduced the following resolution and
moved its adoption:
RESOLUTION NO. 71 -13,3
RESOLUTION ESTABLISHING A TIME TABLE FOR COMP0TING
THE BONDED OBLIGATION AND - I OP CLOSURE OF SUBDIVISION
BOND NO. 37- S- •45126 -BC RELATED TO PLANNING COMMISSION
APPLICATION NO. 66005 SUBMITTED BY TWIN LAKE REALTY
MROOKDALE GARDERIS APARTMENTS)
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, 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 Vernon Ausen Introduced the following resolution and
moved its adoption:
RESOLUTION NO. 71 -120
RESOLUTION DENYING PLANNING COMMISSION APPLICATION
NO. 70048
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 vras declared duly passed and adopted.
Member John Leary introduced the following resolution and moved
Its adoption:
RESOLUTION NO. 71 -121
RESOLUTION ACCEPTING QUOTATION FOR EXTENDM STORM
SEWER SERM ON SUMMIT DRIVE NORTH TO EA,RLE BROWN DRIVE
-9-
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 City Manager reviewed Planning Commission Application No. 71010
submitted by Jesse Johnson requesting a side yard setback variance and a
lot area coverage variance on a parcel located at 4701 Lakeview Avenue North,
It was noted that the Planning Commission had reviewed the application on
May 6, 1971 as well as on June 4, 1971 and had recommended denial of the
application because the application had failed to show hardship as promulgated
by the Zoning Ordinance and, further, granting of such a variance would set
an unwise precedent for granting further requests of a similar nature.
Motion by Councilman Leary and seconded by Councilman Heck
to deny Application No. 71010 submitted by Jesse Johnson. Voting in favor
were: Mayor Cohen, Councilmen Leary, Ausen, heck and Willard. Voting
against were: none. Motion carried unanimously.
The City Manager reviewed Planning Commission Application No. 71016
submitted by Brooklyn Center Baptist Church requesting a special use permit to
operate a children's day care center. He said the Planning Commission had
noted the church is located in a R -1 zoning district, and had recommended approval
of the application.
After a brief discussion, a motion was made by Councilman Leary
and seconded by Councilman Willard to approve Application Tutu. 71016 with
the provision that the applicant procure a license for the operation of such
a day care center from the State of Minnesota, and that a copy of said license
be placed on file with the City prior to the commencement of the operation.
Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Vuillard.
Voting against were: none. Motion carried unanimously,
The City Manager next reviewed Planning Commission Application
No. 70053 submitted by Thomas Construction Co. which represented an
amended landscape plan, Motion by Councilman Willard and seconded by
Councilman Ausen to approve Application No. 70053. Voting in favor were:
Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard, Voting against
were: none. Motion carried unanimously.
I
The City Manager explained that the City Clerk had determined that
at least six additional automatic voting machines would be necessary to meet
the voter demand at the next presidential election,. He further noted that the
City Clerk had become aware of an opRortunity to purchase six used automatic
voting machines at a substantial savings. He explained the City would be able
to obtain the machines for a price of $700 each as opposed to the new cost
of such machines at $2, 100 each. He recommended that the Council authorize
the purchase.
Motion by Councilman Heck and seconded by Councilman Leary
to authorize the transfer of the amount of $4,200 plus shipping charges for
six vo ting machines m ..
from t"Va
g the yor � Council Contingency Fund (No. 40I 48)
to the Elections Furniture and Equipment Account (No. 404 - ). Voting in
favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck�and Willard.
Voting against were: none, Motion carried unanimously.
The City Manager asked the Council for their consensus authorizing
him to develop and enforce a smoking policy throughout the new Civic Center.
It was the consensus of the Council that such a policy should be developed.
The City Manager next explained that there had been several requests
from local businessmen for family memberships to the Civic Center. He explained
that he was in the process of formulating a recommendation which would permit
local business leaders such as owners or gencral managers to purchase resident
family memberships. He noted that probable prerequisites of such a policy
would be that the businessmen be occupied full -time in Brooklyn Center and
that upon termination of their occupation in the City the membership would
terminate,
-10-
Motion by Councilman Heck and seconded by Councilman Ausen
to approve the following licenses:
Bincro 14censg
St. Alphonsus Church 7025 Halifax Ave, No.
Cigarette License
St. Alphonsus Church 7025 Halifax Ave„ No.
Peterson's Bat Shop 3703 - 50th Ave. No.
ltineMp& Food Establishment L cense
Brooklyn Center High School 5500 Humboldt Ave. No.
St. Alphonsus Church 7025 Halifax Avenue North
Stanley Shows }Jaycee Carnival Site
Qum ", . Mator Vehicig Incense
Zee+Gee Power Sports, Inc. 4321 - 68th Ave. No.
ff_onPeri_shgWg EM4 VendIM Ma_ chfM 14cense
Anton T. rochim 9463 Saratoga Lane
Non- Intoxiratina halt Liauor "(Xi-Sale" License,,
St. Alphonsus Church 7025 Halifax Ave. No.
Voting in favor were: Mayor Cohen, Councilmen L(ery, Ausen, Heck and Willard.
Voting against were: none. Motion carried unanimously.
Motion by Councilman Ausen and seconded by Councilman Leary
to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilnien Leary,
Ausen, Heck and Willard, Voting against ware: none. Motion carried
unanimously. The Council meeting adjourned at 1:15 A.M.
Clerk Mayan
I
--11-