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HomeMy WebLinkAbout1970 06-08 CCM Regular Session T . Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota June 8, 1970 The City Council met in session and was called to order by Mayor Philip Cohen at 7:35 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, and Bambridge Peterson. Motion by Howard Heck and seconded by Theodore Willard to approve the minutes of the May 25, 1970 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Vernon Ausen to authorize the Mayor and City Manager to execute an agreement with the Medicine Lake Bus Company to provide transportion to summer swimming classes at Brooklyn Jr. High School under the sponsorship of the Brooklyn Center Park and Recreation Department, Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously, Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -69 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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 John Leary introduced the following ordinance and moved its adoption: ORDINANCE NO. 70 -11 AN ORDINANCE AMENDING CHAPTER 11 RELATIVE TO LIQUOR LICENSING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 11 of the City Ordinances is hereby amended as follows; Section 11 -507. LICENSE FEES. 4. When the license is for a premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be (ninety days after approval of the license by the City Council or upon the date the building is ready fDr occupancy, whichever is sooner.) as follows: If building construction c within 120 days after issuina the license, the licens fee shall commence one year after issuance of the license by the City Council cr u the date the building is ready for occupancy, which- ever- is sooner_ . -1- Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 8th day of June, 1970. The motion for the adoption of the foregoing ordinance was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Vernon Ausen introduced the following ordinance and moved its adoption: ORDINANCE NO. 70 -12 AN ORDINANCE AME- ND ING CHAPTER 35 RELATIVE TO 0 -2 AND R -5 ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -1230 PUBLIC AND PRIVATE OPEN SPACE DISTRICT (0 -2)'is hereby amended by the repeal of the following: (That part of Government Lot 2, Section 10, lying southerly of the following described line: Beginning at the southeast corner of the north 40 acres of said Government Lot 3, thence running southerly along the east line of said Government Lot 3 a distance of 200.62 feet to the actual point of beginning of a line to be described; thence running westerly parallel with the south line of said north 40 acres of Government Lot 3 to the easterly shoreline of Twin Lake and there terminating; such property lying northerly and westerly of the right - of -way of State Highway No. 100, except that part thereof taken for road purposes for Lakeside Avenue.) Section 2 Section 35 -1230 PUBLIC AND PRIVATE OPEN SPACE DISTRICT (0-2) is hereby amended by the addition of the following: That part of Government Lot 3, Section 10, Township 118, Range 21 Hennepin County, Minnesota, lying southerly of the following described line: Commencing at the southeast corner of the north 40 acres of said Government Lot 3; thence runnina southerly alone the east _ line of said Government Lot 3 a distance of 200.62 feet to the actual point of beginning of the line to be described, thence runAfn westerly parallel wit the south line of said north 40 acres of Government Lot 3 to the easterly shoreline of Twin Lake and the terminating. And IyLn2 westerly of the following described line: Be icinnning at a point on the above des line distant 2150_32 feet westerl of the east line of Government-Lot 3; thence running southeasterl y at an an le of 63 from the above described line a distance of approximately 519 feet to a point on the south line of Government Lot 3 and there terminating . except that part thereof taken for roa purposes as shown in document #3292089 in Book 2301 of D eeds, Page 451. Section 3: Section 35 -1140 MULTIPLE FAMILY RESIDENCE DISTRICT (R -5) is hereby amended by the addition of the following: That part of Government Lot 3, Section 10, Township 118, Range 21, Hennepin County, Minnesota lying southerly of the following described line: -2- Commencing at t he southeast corne of the north 40 acres of said Government Lot 3 thence running southerly along the east _ line of said Government Lot 3 at a di stance of 200.62 feet to the actual point of beginning of the line to be described; thence running westerly parallel with the south line of s aid north 40 acres of Government Lot 3 is the easterly shore lime of Twin Lake and there terminating. and Iy ng easterly of the following described line: Beginnin g at a point on the above de line distant 2150.32 fee westea of the e ast line of Government Lot 3; thence running s outheaster ly at an - a le of 63 from the above described line a distanc of ap,rox!mately 519 feet to a point on the south line of Government Lot 3 a there terminat ing. except that part thereof taken for roadw purposes as shown in document 3292089 iii Book 2301 of Deeds Pa a 451. # g Section 4: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 8th day of June, 1970. The motion for the adoption of the foregoing ordinance 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, where- upon said ordinance was declared duly passed and adopted. Motion by John Leary and seconded by Howard Heck to approve the following licenses: Bulk Food Vending Machine License Ed's Vending 5204 Fremont Avenue North Theisen Vending Co. 3011 East 42nd Street Food Es tablishm ent License A.B. C. Brookdale Theatre 2901 County Road 10 Garbage and Refuse Hauling License Country Wide Sanitation 9108 Flander Street Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to cancel the garbage and refuse license for Drury's Sanitary Service, 424 Decatur Avenue North, Minneapolis, Minnesota because said licensee has sold his business and notice was received of his insurance cancellation. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time Councilman Willard brought to the Council's attention complaints received from Mr. Don Vogel, 6728 Grimes Avenue North and Mr. Bob Engen, 6727 Grimes Avenue North relative to interlopers and loiterers traversing between private residential property onto Velie Oldsmobile property. Following comments from the affected residents, Councilman Willard passed out draft copies of a resolution which would instruct the City Manager to persuade Velie Oldsmobile to construct an unbroken opaque fence along their eastern property line and would instruct the City Attorney to explore the legal rights of the City to cause construction of such a fence with costs assessed to Velie Oldsmobile or to acquire property through eminent domain proceedings for the purpose of ultimately constructing such a fence. The City Manager recommended a two week deferral of the resolution to permit staff examination of the alleged problem and to secure any additional information which may be relevant. -3- r Following further discussion Mayor Cohen announced that the matter would be deferred until later in the evening in order to reopen the public hearing relative to installing water wain and street surfacing in the vicinity of Camden Avenue around 55th and 57th Avenues, The Mayor announced that the public hearing was reopened for the consideration of proposed Water Main Improvement Project No. 1969 -76 and Street Surfacing Improvement Project No. 1969 -77; said improvement projects were last considered at a public hearing conducted by the City Council on September 15, 1969. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on September 11, 1969, which affidavit was examined and found satisfactory and ordered placed on file. In addition, the City Council was irlormed that mailed notices of the reopening of the hearing was sent to each property owner affected by the project. The Mayor then called upon property owners present to present arguments either for or against the proposed improvement. After hearing and considering comments from afficted property owners, a motion was made by Theodore Willard and seconded by Howard Heck to close the public hearings on Water Main Improvement Project No. 1969 -76 and Street Surfacing Improvement Project No, 1969 -77, Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70-70 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROTECT NO, 1969 -76 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, Howard Heck and Theodore Willard; and the following voted against the same: none, (Vernon Ausen abstain. Council- man Ausen stated that his reason for abstaining was that he had not attended the public hearing for this water main improvement project held on September 15, 1969) whereupon said resolution was declared duly passed and adopted, Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -71 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROTECT NO, 1969 -77 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, Howard Heck, Vernon Ausen and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The meeting recessed at 9:22 P. M. and resumed at 9:44 P. M. At this time the City Council reconsidered Councilman Willard's draft resolution instructing the City Manager to persuade Velie Oldsmobile Co. to construct an unbroken fence along their east property line. There followed a lengthy discussion among the City Manager, City Attorney and City Council regarding the proposed draft resolution. Instructions to the City Attorney were generalized to explore remedies to public safety and welfare deficiencies resulting after site and development plans have been approved. -4- Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70-72 RESOLUTION INSTRUCTING THE CITY MANAGER TO USE ANY MEANS AT HIS DISPOSAL TO REQUIRE VELIE OLDSMOBILE COMPANY TO CONSTRUCT AN UNBROKEN FENCE ALONG THEIR EAST P ROPERTY .LINE 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 John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -73 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 said resolution was declared duly passed and adopted. At this time the City Manager brought to the Council's attention that Town Taxi, Inc. is requesting a rate change pursuant to Section 21 -108 of the Ordinances as follows: Flag throw will be $.55 with $.40 per mile. Following staff comment a motion was made by Howard Heck and seconded by Theodore Willard to table the request of Town Taxi, Inc. for a rate change to permit any public expression prior to June 22, 1970. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen,, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next received another resolution from Councilman Willard instructing the City Manager to close off vehicular access to Palmer Lake between Shingle Creek and Xerxes Avenue, The City Manager commented that the Park and Recreation Director strongly favors keeping said area open to vehicles. The City Manager informed the Council that an improvement plan Is being developed for the area and recommended that the area not be closed. No action was taken on the draft resolution, Councilman Willard commented that the boulevard on Xerxes Avenue North south of Interstate 94 was in need of grass cutting. The City Manager responded that there were 23 days of rain in May and that the Park and Recreation Depart- ment is now catching up to its regular grass cutting schedule. Councilman Ausen stated that he had received a complaint that residential streets were being used for access to the Jaycee's Carnival between Xerxes Avenue and Osseo Road south of 59th Avenue. The City Manager responded that the administrative permit for the carnival prohibited such access. Upon being informed that it was the policy of the City to furnish minor services to civic organization endeavors, Councilman Ausen questioned the appropriateness of such services and suggested that City Council approval should be granted and that civic groups be charged for such minor services. The suggestion was rejected by other Councilmen. The City Council next recontinued their review of the draft housing maintenance and occupancy ordinance specifically Sections 12 -805 through Section 12 -902, -5- Motion by john Leary and seconded by Theodore Willard to declare a first reading on the following ordinance: AN ORS UMIU'CE F IXING COU NCIL SALARIES Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by J hn Leary and seconded by Theodore Willard to adjourn the meeting. Votin in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and T eodore Willard. Voting against were: none, Motion carried unanimously, The Council meeting adjourned at 12 :00 midnight. Merl Mayor -6-