HomeMy WebLinkAbout1970 10-05 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
October 5, 1970
The City Council met in session and was called to order by Mayor
Philip Cohen at 7:32 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, James Lindsay, Tom Loucks and B.E. Peterson. Following
roll call Councilman Willard left the Council table.
Motion by Vernon Ausen and seconded by Howard Heck to approve the
September 28, 1970 minutes as amended. Voting in favor were:
Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were:
none. Motion carried unanimously. Councilman Willard returned to the meeting
at 7 :40 P. M.
Motion by John Leary and seconded by Vernon Ausen to approve the
September 29, 1970 Council minutes as amended. 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 Theodore Willard to approve
the September 30, 1970 Council minutes as amended. Voting in favor were:
Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard.
Voting against were: none. Motion carried unanimously. Councilman Willard
left the meeting at 8 :05 P. M.
Motion by Vernon Ausen and seconded by John Leary to approve the
investment of the Brooklyn Center Fire Relief Association as set forth in a letter
from the Association dated September 23, 1970. Voting in favor were: Philip
Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none.
Motion carried unanimously. Councilman Willard returned to the meeting at
8 :07 P. M.
Member Theodore Willard introduced the following resolution and
moved its adoption:
RESOLUTION NO. 70 -183
RESOLUTION TO ADOPT THE 1971 BUDGET
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 -184
RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1971 BUDGET APPROPRIATIONS
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.
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Member Vernon Ausen introduced the following resolution and moved
its adoption:
RESOLUTION NO. 70 -185
RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY
AUDITOR
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.
Member Howard Heck introduced the following resolution and
moved its adoption:
RESOLUTION NO. 70 -186
RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY
AUDITOR
The motion for the adoption of the foregoing resolution was duly seconded by
member John Leary, aryl upon vote Ding 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. 70-187
RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY
AUDITOR
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.
The City Manager announced that the Brooklyn Plaza Corporation has
requested that their Planning Commission Application No. 70055 requesting
155 car parking variance and site and building plan approval for a theater
be deferred until October 19, 1970.
The Council next considered Planning Commission Application No. 70015
submitted by R.L. Ernst on behalf of Kraus- Anderson. The City Manager
summarized the past Council actions regarding this application and commented
that said application was re- considered by the Planning Commission at its
September 24, 1970 meeting, at which time the Planning Commission directed
the staff to prepare a resolution recommending to the Council denial of said
application and setting forth facts relating thereto. The City Manager then stated
that the Planning Commission at its October 1, 1970 meeting approved the draft
resolution recommending that the Council deny Application No. 70015 setting
forth the reasons thereof.
Mr. Loucks then illustrated the subject area and answered questions
from the Council regarding the Planning Commission's intent of their resolution
denying Application No. 70015.
Following Council questions of the staff the Chair recognized
Mr. R. L. Ernst who again stated his belief for a need for a commercial facility
in the 69th and Humboldt Avenue area. Mr. Ernst reiterated that he believes
his application does not conflict with the Comprehensive Plan and that he would
be willing to limit the size of his convenience center to meet site requirements.
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Motion by Howard Heck and seconded by Vernon Ausen to close the
public hearing on Planning Commission Application No. 70015. Voting in favor
were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard.
Voting against were: none. Motion carried unanimously.
Councilman Ausen suggested that this application was analogous to
the Viewcon, Inc. application (Planning Commission Application No, 70048)
which was affirmatively recommended by the Planning Commission. The City
Manager suggested that the major distinction appeared to be that neighborhood
service facilities were conveniently provided for at the 69th and Humboldt Avenue
area while no such convenient facilities are provided for at the County Road 10-
Major Avenue area. Mayor Cohen suggested that the legal ramifications of the
Planning Commission recommendation be researched by the City Attorney and
Councilman Ausen requested the City Attorney to expand his research to include
consideration of permitting accessory service /commercial uses incidental to an
apartment development similar to the provisions of the ordinances relating to
R -6 and R -7 developments.
After further discussion, a motion was made by john Leary and seconded
by Howard Heck to table Application No, 70015 with the concurrence of the
applicant until October 19, 1970 in order to permit the City. Attorney adequate
time to research the proposals of Mayor Cohen and Councilman Ausen. Voting
in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and
Theodore Willard. Voting against were: none. Motion carried unanimously.
The meeting recessed at 9 :12 P. M. and resumed at 9 :30 P. M.
Councilman Leary questioned the status of Planning Commission
Application No. 69005 submitted by R.L. Ernst where the Council at its
August 31, 1970 meeting tabled said application until the October 5, 1970
Council meeting in order to allow Midwest Planning and Research, Inc. to make
a planning recommendation report on said application. The City Manager stated
that Midwest Planning and Research, Inc. had failed to meet the commitment.
Mr. Willard stated that he will personally pursue the matter for consideration at
the next Council meeting.
Prior to Council action on the following resolution it was the consensus
of the Council that the City Manager prepare a draft policy resolution regarding
administrative fees to be charged for weed cutting on vacant property.
Member Theodore Willard introduced the following resolution and
moved its adoption:
RESOLUTION NO. 70 -188
RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING
ACCOUNTS FOR 1969 AND 1970 CUTTING TO THE HENNEPIN
COUNTY TAB ROLLS
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 resolution and moved
its adoption:
RESOLUTION NO. 70 -189
RESOLUTION ACCEPTING
WORK
(CONTRACTED BY CITY)
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.
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Member Howard Heck introduced the following resolution and
moved its adoption:
RESOLUTION NO. 70 -190
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.
Member John Leary introduced the following resolution and moved
its adoption:
RESOLUTION NO. 70 -191
RESOLUTION DIRECTING THE DISBURSEMENT OF CASH ESCROW
FOR BABRG GARDENS _..._�
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.
Member Howard Heck introduced the following resolution and
moved its adoption:
RESOLUTION NO. 70 -192
RESOLUTION REQUESTING THE COMMISSIONER OF HIGHDNAYS
TO CHANGE THE NAME OF OSSEO ROAD (T. H. 152) TO
"BROOKLYN BO V "
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.
Motion by John Leary and seconded by Vernon Ausen to release
the performance bond for Farrell 's Ice Cream Parlour (5524 Osseo Road,
Planning Commission Application No. 68030) in the amount of $1,750. Voting
in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and
Theodore Willard. Voting against were: none. Motion carried unanimously.
Councilman Heck and Councilman Ausen expressed a desire to proceed
with policy discussions and formulation relative to such matters as the proposed
Housing Maintenance Code and the City walkway network.
Councilman Willard proposed that the staff evaluate the feasibility of
establishing an internal shuttle bus program for the summer months to connect
the various City parks and the new Community Center. He suggested that the
possibility of renting buses from School District No. 286 be investigated.
Councilman Ausen suggested establishment of a Citizen Committee to study
the proposal and make recommendations thereon.
Councilman Willard next proposed that the staff examine the need and
study the feasibility of installing cross walks or pedestrian signals on Osseo Road
at such locations as 49th Avenue North, the general vicinity of Brookdale, 62nd
Avenue, 65th Avenue, and 71st Avenue.
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Motion by Howard Heck and seconded by Vernon Ausen to adjourn the
meeting. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen,
Howard Heck and Theodore Willard. Voting against were: none. Motion carried
unanimously. The Council meeting adjourned at 10:10 P. M.
Clerk Mayor