Loading...
HomeMy WebLinkAbout1970 10-19 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 19, 1970 The City Council met in session and was called to order by Mayor Philip Cohen at 7:33 P. M. Roll Call; Philip Cohen, John Leary, Vernon Ausen and Theodore Willard. Also present were: Donald G. Poss, Paul Holmlund, James Nerila, Richard Schieffer, Thomas Loucks and B.E. Peterson. Pastor Amos LeVang of Brooklyn Center Assemblies of God Church offered the invocation. Motion by John Leary and seconded by Vernon Ausen to approve the October 5, 1970 Council minutes as submitted. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Theodore Willard. Voting against were: none. Motion carried unanimously. Councilman Heck arrived at 7:37 P. M. Member Vernon Ausen introduced the following resolution and moved its adoption; RESOLUTION NO. 70 -193 RESOLUTION DIRECTING THE REDUCTION OF CASH ESCROW FOR BING'S ADDITION NO. 2 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 for consideration consisted of a time extension for the Youth Organization Steering Committee initial report as required by City Council Resolution No. 70 -65, dated June 1, 1970. The City Manager commented that the Council at its August 10, 1970 meeting extended the deadline to October 15, 1970. Mayor Cohen then recognized Marc Kruger, Chairman of the Committee who in turn introduced members Curt Taylor, Mary Paradise and Joan Zeller to the City Council. Following questions from the Council a motion was made by Howard Heck and seconded by John Leary to grant a time extension to April 15, 1971 for the Youth Organization Steering Committee's initial report. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting agd nst were: none. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -194 RESOLUTION REGARDING APPLICATION OF NOBLE AVENUE SIDEWALK COST POLICY TO LOT 13, BLOCK 1, NORTHBROOK MANOR ADDITION 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. Councilman Willard left the meeting at 7 :57 P. M. -1- Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -195 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote beipg taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, and Howard Heck; and the following oted a inst the same: none whereupon g ga s said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -196 RESOLUTION AUTHORIZING THE PURCHASE OF CHEMICAL EQUIPMENT FOR DEEP WELL IMPROVEMENT PROJECT NO. 1970 -1D (WELL #7) 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 and Howard Heck, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Motion by Howard Heck and seconded by John Leary to table the scheduled improvement public hearings until later in the meeting. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen and Howard Heck. Voting against were: none, Motion carried unanimously. The Council next considered Planning Commission Application No. 70013 submitted by Bryron Dunkley requesting a variance on lot depth and front and rear yard setbacks for Lots 12, 13 and 14, Garcelon's Addition, commonly being described as located on the east side of Lyndale Avenue in the 5500 block. The City Manager summarized past Planning Commission actions regarding this application on May 7 May 28, June 4, September 24 and October 1, 1970, (During this discussion Mayor Cohen left the meeting at 8 :07 P.M. and returned at 8:08 P.M.) Mr. Loucks then illustrated the subject area and pointed out that the applicant intends to take three platted parcels and combine them into two parcels by metes and bounds description and for each of the resulting two parcels the applicant is requesting variances on front yard setback, rear yard setback and lot depth. At this time Mayor Cohen recognized the applicant, Bryron Dunkley, who read from a prepared statement stating his position. Mr. Dunkley's architect, James Kellet of Team 70 Architects, then commented to the Council that this home is structurally designed for the topography of the area. Mayor Cohen called upon Mr. Loucks to review for the Council the applicant's site and building plans. Mr. Kellet then commented to the Council that in the future Lyndale Avenue North will be residential street and that therefor the applicant's front yard variance of 34 ft, today will be reduced to a variance of 19 ft. when Interstate 94 is completed and the required setback reverts from 50 ft. to 35 ft. The Chair then recognized Mr. Wilbur Holm, Attorney representing the four neighbors west of Lyndale Avenue and across from the applicant's subject property. Mr. Holm stated that he represented Mr, Humsik, Mr. Bobendrier, Mr, Hendley, Mr. Renstrom and the Humsik sisters. Mr. Holm stated his clients' objection to the applicant's request for a variance. ,.2- Mayor Cohen then called upon Planning Commission Chairman Robert Jensen who commented to the Council that the applicant has done everything requested by the Commission and that it agreed that the applicant's request is a reasonable use of the land. At this time the City Manager recommended that the Council consider the City Attorney's'opinion to the Planning Commission regarding the applicant's request. The City Attorney answered questions from the Council whereupon Mayor Cohen summarized the City Attorney's written opinion by stating that a denial of the applicant's request would constitute a taking of his property without due process. Mayor Cohen asked for further questions from the floor and there were none, whereupon a motion was made by Howard Heck and seconded by Jahn Leary to close the public hearing for Planning Commission Application No. 70013. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. During discussion of this application Councilman Willard arrived at 9:17 P. M. The City Manager responded to Councilman Willard that no new facts or elements had been introduced during the hearing and proceeded to describe a brief synopsis of the proceedings for Councilman Willard. Discussion ensued during which Councilmen expressed opinions regarding the degree of impact that house construction on the subject properties would effect on established homesites on the west side of Lyndale Avenue, Councilman Ausen introduced the question of acquiring the property along with all other properties on the east side of Lyndale Avenue from 53rd Avenue to Freeway 694 for a scenic river view. It was the majority consensus of the Council that the proposal was not comprehended by the Comprehensive Plan and was not feasible. Following Council discussion a motion was made by Theodore Willard and seconded by Howard Heck to direct the City Manager to prepare a draft resolution approving Planning Commission Application No. 70013 and stating findings of the City Council. Voting in favor were: Phillip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 9:52 P. M. and resumed at 10:17 P.M. The Council next considered Planning Commission Application No. 70049 submitted by James J. Lang for J.R. Anderson requesting a 4 ft. side yard setback variance for the property located at 3201 - 69th Avenue North. The proposal was reviewed by the City Manager and illustrated by Tom Loucks. Mayor Cohen then recognized Mr. Anderson, the applicant's representative, who stated that the applicant is requesting permission to extend an existing porch 18 inches and enclose the whole structure with aluminum and glass. Following comments from individual Councilmen a motion was made by Vernon Ausen and seconded by John Leary to approve Application No. 70049. Voting in favor were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager announced that the Brooklyn Plaza Corp. has again requested that their Application No. 70055 requesting 155 car parking variance and site and building plan approval for a theater be deferred until a subsequent Council meeting. The Council next considered Planning Commission Application No. 70056 submitted by Val Videnhoff for Nu- Dimensions Beauty Salon, Inc. requesting a special use permit to operate a ladies health salon in Northbrook Shopping Center. -3- Following a review of the application by the City Manager, Mayor Cohen recognized Mr. Blake representing Northbrook Shopping Center. Following discussion of the application a motion was made by John Leary and seconded by Theodore Willard to approve Planning Commission Application No. 70056 with no time limit. 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 considered Planning Commission Application No. 70057 submitted by Billy Miller requesting a variance of 6.5 ft. to construct a glass and aluminum enclosed patio porch 1.5 ft. from a principal structure at a site located at 5100 Ewing Avenue North. The City Manager reviewed the application and Mr. Loucks then illustrated via diagram the applicant's accessory building. A motion was made by Howard Heck and seconded by Vernon Ausen to approve Planning Commission Application No. 70057. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager next announced to the Council that the principals to Planning Commission Application Nos. 70058 and 70059 submitted by Signcrafter's, Inc. asked for deferral to the November 9, 1970 Council meeting. The City Manager also announced that the principal to Planning Commission Application No. 70048 submitted by Viewcon, Inc. had requested deferral to a subsequent Council meeting. However, Application No. 70048 is related to Planning Commission Application No. 70015 submitted by R.L. Ernst on behalf of Kraus Anderson Company; on September 14, 1970 the City Council had tabled Application No. 70048 until October 19, 1970 in order to allow the City Attorney to prepare a report on the legal ramifications of the requested rezoning and on October 5, 1970 the City Council concluded that Application No. 70015 was in some respects analogous to Application No. 70048 to the extent that the City Attorney was directed to expand his consideration and report on October 19, 1970 regarding the legal ramifications of the Planning Commission recommendation relative to Application No. 70015. A brief discussion ensued regarding the City Attorney's report on the two applications with specific emphasis on the concepts of "spot zoning" versus desirability of neighborhood convenience facilities. In recognition of the need to thoroughly evaluate the two concepts and the fact that such evaluation could result in modification of the Comprehensive Plan, it was concluded by consensus that the City Council and the Planning Commission should meet in joint session in the reasonably near future to consider such an evaluation. The City Manager stated his opinion that the total deliberations of the matter would likely involve a considerable time span and suggested that the time factor be clearly impressed upon the applicant. In response to a question from Mayor Cohen, Mr. Ernst and Mr. Bill Lundberg representing Applications 70015 and 70048 respectively, concurred with an indefinite tabling of the applications in order to permit sufficient time for the subject study. Motion by Theodore Willard and seconded by John Leary to table Planning Commission Application No. 70015 submitted by R.L. Ernst and 70048 submitted by Viewcon, Inc. so as to permit the City Council and City Planning Commission to evaluate the desirability of neighborhood convenience facilities and to modify the Comprehensive Plan as might be necessary. 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 considered the status of Planning Commission Application No. 69005 submitted by R.L. Ernst and requesting rezoning from I -2 to R -5 certain property in the vicinity of Upper Twin Lake and the Soo Line Railroad.' The City Manager reported that the matter has been under study by Midwest Planning and Research, Inc, and that a report was to -have been delivered on October 5, 1970 and that since that time Councilman Willard has communicated with the consultant to prompt the delivery of the report. Councilman Willard reported that the Midwest Planning and Research, Inc. report was in the process of final typing and suggested that since the scope of the report extended beyond the applicant's property, the report, should be remanded to the Planning Commission for its review and comment. In response to Mayor Cohen, Mr. Ernst concurred with the proposal to remand the matter to the Planning Commission. Motion by Theodore Willard and seconded by Howard Heck to refer the Midwest Planning and Research, Inc. report relative to Application No. 69005 back to the Planning Commission for review and comment. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimoutly. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -197 RESOLUTION ACCEPTING QUOTATION FOR REPAIR PJ WELL #5 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -198 RESOLUTION CORRECTING SPECIAL ASSESSMENTS ON PLAT 89560 PARCEL 5201 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. 70 -199 RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT 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 Mayor announced that the meeting was open for the consideration of proposed Street Base & Surfacing Improvement Project No. 1970 -18. 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 October 8, 1970, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member john Leary introduced the following resolution and moved its adoption: -5- i RESOLUTION NO. 70 -200 RESOLUTION ORDERING CONSTRUCTION OF STREET BASE & SURFACING IMPROVEMENT PROJECT NO. 1970 -18 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. The Mayor announced that the meeting was open for the consideration of proposed Street Base & Surfacing Improvement Project No. 1970 -20. 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 October 8, 1970, which affidavit was examine d and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -201 RESOLLT ION ORDERING CONSTRUCTION OF STREET BASE & SURFACING IMPROVEMENT PROJECT NO. 1970 -20 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 -202 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1970 -D) 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 Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -205 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1970 - The motion for the adoption of the foregoing resolution was duly seconded by- Wember 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. -6- Member Howard Heck introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 70 -20 AN ORDINANCE VACATING A PORTION OF UTILITY EASEMENT IN THOMAS CONSTRUCTION COMPANY SECOND ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1; The westerly 9 feet of the 60 foot wide utility easement contained i n Lot 1, Block 1 of Thomas Construction Company Second Addition is hereby vacated. Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 19th day of October, 1970 The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Member Theodore Willard introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 70 -21 AN ORDINANCE VACATING A PORTION OF 65th AVENUE NORTH WITHIN BROOKLANE ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: That portion of 65th Avenue North below described is hereby vacated as a public street: That part of 65th Avenue North lying westerly of a line beginning at the southeasterly corner of Lot B Br ooklane Addition; thence running southwesterly at an angle of 55 11' 4" with the south line of said Lot B a distance of 36.52 feet more or less to the south line of 65th Avenue North as platted in the plat of Brooklane Addition and there terminating; and lying easterly of a line beginni at a ,point in the south line of Lot C Brooklane Addition a distance of 208.38 feet westerly from the southeasterly corner of Lot B Brooklane Addition; thence run ninc southeasterly at an Angle of 66 34 32 3mith the soj&_11ne of said Lot C a dista of 32.68 f eet more or less to the south line of 65th Avenue North as platted in the plat of Brooklane Addition and there terminating. Section 2: The City excepts from the vacation of 65th Avenue North as described above, and reserves to itself and its assigns an easement for all public utility Purposes, including without limiting the general nature of said reservation, an easement for electric, gas sewer, water and tele2hone equipment on over and under the property above described as vacated. No structure shall hereafter be erected upon the easement reservation. Section 3: This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this 19th day of October, 1970. The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. -7- i Motion by Howard Heck and seconded by Vernon Ausen to approve the following licenses: Cigarette License Pioneer Vending Machine Co. 6548 Lyndale Avenue North Christmas Tree Sale License Russell L. Almendinger 5040 Osseo Road Russell L. Almendinger 69th & Indiana Avenue North Gasoline Service Station License Phillips Petroleum Co. 6549 Lyndale Avenue North Non- Perishable Food Vending Machine + License Pioneer Vending Machine Co. 6548 Lyndale Avenue North Sign Hanger's License Triad Sign Service 503 - 17th Ave. N.W. Rochester, Minn. 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 -204 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 -205 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 Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -206 RESOLUTION ACCEPTING MO RK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolutian 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. -8- Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -207 RESOLUTION ACCE PIING WORK {CONS D BY C1'IY) 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 Beck 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 -208 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 :Millard; 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 -209 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 Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -210 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 infavor 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 -211 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. -9- Member Theodore Willard introduced the following resolution and moved its adoption, RESOLUTION NO. 70 -212 RESOLUTION ACCEPTING WORK (CON BY CITY) 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 arxi Theodore Willard; and the follow ing 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 -213 RESOLUTION ACCEPTING tAORK (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 Vernon Ausen introduced the following resolution and moved its adoption; RESOLUTION NO. 70 -214 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 -215 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. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -216 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. -10- Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -217 RES OLUTION ACCEPTI 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 aryl Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the follows ng resolution and moved its adoption: RESOLUTION NO. 70 -218 RESOLUTION ACCEPTING WORK (CONTRAC'T'ED 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, where- upon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -219 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion f or 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -220 RESOLUTION ACCEPTING WORK (CONTRACTED BY CIT 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 Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -221 RESOLUTION ACCEPTING WORK (CON BY CITY) 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. YP P -1I- Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -222 RESOLUTION ACCEPTING WORD (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. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -223 RE SOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the follovA ng 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 reported to the Council that the Planning Commission has developed a Freeway Development District ordinance and recommended it at their October 15, 1970 study meeting for Council consideration. Motion by john Leary and seconded by Vernon Ausen to acknowledge a notice of claim served on the City by the law firm of Levander, Zimpfern, Tierney regarding a personal injury suffered by Mrs, Diane Wendelglas to the extent of $1 000, 000. 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 Mayor Cohen requested that the Council acknowledge with regret the resignation of Warren Olson, Park and Recreation Commissioner, and that he be thanked for his services to the community. Motion by Howard Heck and seconded by Vernon Ausen to accept with regret the resignation of Warren Olson as a Commissioner on the Park and Recreation Commission and to express the appreciation of the City Council for his services. 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 Theodore Willard to confirm Mayor Cohen's appointment to the Park and Recreation Commission of Mr. Ronald D. Coop,, 5330 Queen Avenue North for the balance of Mr. Olson's three year term expiring December 31, 1972. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Mayor Cohen directed the Council's attention to the Park and Recreation Commission minutes of October 14, 1970 reflecting the recommendation of the Commission relative to a covered ice facility as comprehended in the Capital Projects program. The Mayor contended that the matter of the covered ice facility should be soon resolved and suggested that the City Council and Citizens Architectural Advisory Committee along with the Park and Recreation Commission Chairman and department director meet in special session on October 26, 1970 to consider the matter. -12- G Councilman Willard then commented that the League of Hennepin County Municipalities have developed a uniform snowmobile ordinance which he would like the City Council to consider at a future meeting. Motion by Vernon Ausen and seconded by Howard Heck 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 12,31 A.M. lerk Mayor -13-