HomeMy WebLinkAbout1970 12-07 CCM Regular Session Minutes of the Proceedings o f the City
Council of theCity of Brooklyn Cuter
In the County of Hennepin and State of
Minnesota
December 7, 1970
The City Council met in session and was called to order by Mayor
Philip Cohen at 7 ,-32 P. M.
Roll Call. Phili p • Cohen J �y John Leary. Vernon Ausen and Howard Heck.
Also present were: Donald Poss, Paul Holmlund, James Merila, Richard Schaeffer,
Thomas V Hehir, Thomas Loucks, Eugene Hagel and Bambridge Peterson,
The Reverend Thomas Wright of Brooklyn United Methodist Church
offered the invocation. (Councilman Willard arrived at 7 :35 P. M.)
Motion by Howard Heck and seconded by John Leary to approve the
November 23, 1970 minutes 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 Theodore Willard and seconded by Howard Heck to approve
the November 24, 1970 minutes as submitted. Voting in favor were: Philip Cohen,
Vernon Ausen, Howard Heck and Theodore Willard, Voting against were: none.
(John Leary abstained because he was absent from that meeting.) Motion carried.
Member Howard Heck introduced the following resolution and
moved Its adoption:
RESOLUTION NO. 704235
RESOLUTION AC C_ E,. ING WORK NT A CTED BYQ=
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 --236
RESOLU ON CCE NG WO E BY
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 adoptions
RESOLUTION NO. 70 -237
RESOLOMN ACCEE=g MQM CONTRACTED BY C
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 Lary, 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 Theodore Willard introduced the following resolution and
moved its adoption.
RESOLUTION NO. 70 - 238
RESOLUTION RENEWING AND EXTENDING CONTRACT WITH SUBURBAN
AENNEPIN CCU"N"1`Y. Lt1±F.BOARD _.._.... ....�
The motion for the adoption of the foregoiriq resolution was duly seconded by
member Howard -Hedk, And upon Mote being taken thereon, the following voted
in favor thereof Philip Cohen, John Leary, Ve rnon Ausen, Howard Heck and
Theodore Willard; and the following voted against: none, whereupon said
resolution was declared duly passed and adopted.
At this time the Council considered final approval of a registered land
survey for property located at the southeast corner of 69th and Humboldt Avenues
North. Following a brief review by the City Manager, Mr. Loucks presented
the final registered land survey for Council review and. apJval.
Motion by John Leary and seconded by Theodore Willard to approve the fi-
nal registered lend survey for property located at the sou theast comer of 69th and
Humboldt Avenues North.. 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 final plat approval for three parcels located
at the southeast corner of 73rd and Lyndale Avenues North. Following brief
comments by the City Manager, Mr. Loucks presented the final plat known as
Swanson` s Addition to the Council for review and approval.
Motion by Theodore Willard and seconded by Howard Heck to approve
the final plat for Swanson's Addition. Voting in favor were: Philip Cohen,
John Leary, Vernon Ausen., Howard Heck and Theodore Willard. Voting against
were: none, Motion carried unanimously.
The Council nowt c onsidered a draft ordinance amending Chapter 34.
The ordinance was re- drafted to Incorporate the Council instructions of November
23rd. The City Manager commented that the re- drafted ordinance exPands the
Intended scope of - the related provisions and is not specifically limited to
automobile dealerships.
Following discussion a motion was made by Vernon Ausen and t:
seconded by Howard Heck to declare a first reading on the following ordinance:
AN ORDINANCE ALaND CHAPTER 34 OF THE CITY ORD CF,S
Voting in favor were Philip Cohen, John Leary, Vernon Ausen and Howard Heck,
Voting againstwas: Theodore Willard (because, in his opinion, the babic
premise of said ordinance is illogical,) Motion carried.
The Council next considered an ordinance updating the Uniform Building
Code reference from the 1964 edition to the 1970 edition. The City Manager
answered questions from the Council, whereupon 4 motion was made by Vernon
Ausen and seconded by johnZeary to declare a first reading on the following
ordinance; /
AN ORDINANCE AMENDING CHAPTER J � OF THE BUILDING ORDINANCE
OF THE CITY OF BROOKLYN CENTER ,B'Y' ADOPTING THE UNIFORM
BUILDING CODE 1970 EDITION AS PUBLISHED BY THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS TOGETHER WITH APPENDICES
INaCLUDED IN SAID CODE, BY REFERENCE, AND REPEALING CONFLICTING
PRO IONS
Voting in favor were: Philip Cohen, john Leary, hereon Ausen, Howard Heck and
Theodore Willard. Voting against were: none. Motion canted unanimously.
At this time the Council considered a draft uniform snowmobile ordinance
as proposed by the Hennepin County League of Minnesota Municipalities, Mayor
Cohen announced for the benefit of the audience the public hearing procedures
for considering the uniform snowmobile ordinance and the recommendations of
the Park and Recreation Commission and the Conservation Commission on the use
of snowmobiles in said certain parks. Following this introduction Mayor Cohen
called upon the City Manager who presented a chronology of the snowmobile
ordinance development and summarized provisions of the proposed uniform ordinance.
(Mayor Cohen left the table at 8 :15 P. M. and Mayor Pro -tern Howard Heck assumed
the Chair. Mayor Cohen returned to the meeting at 8:18 P. M. and assumed the
Chair.)
Following the City Manager's presentation Mayor Cohen called upon
Councilman Willard to explain the need for a uniform snowmobile ordinance for
Hennepin County municipalities.
Next, the Mayor recognized questions and comments from the audience.
Numerous questions seeking clarification were posed and a variety of comments
were offered regarding the provisions of the proposed ordinance. It was the
Council consensus that Subdivision 10 of Section 27 -903 should be modified
by adding the phrase "except that it shall not be unlawful to operate a snowmobile
until Midnight on Friday and Saturday ". The City Manager expressed his concern
that the language of Subdivision 9, Section 27 -903 was not sufficiently definitive
and could cause future enforcement problems. It was the Council consensus that
the City Attorney review Subdivision 9 with the intention of rewording it in the
future as deemed necessary. Upon completion of discussion relating to the
ordinance, a motion was made by Theodore Willard and seconded by john Leary
to declare a first reading on the following ordinance:
AN ORDINANCE AMENDING CHAPTER 2 7 REGARDING THE REGULATIONS
OF THE USE AND OPERATION OF SNOWMOBILES
Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck
and Theodore Willard. Voting against were: none. Motion carried unanimously.
The City Council next addressed itself to the recommendations of the
Brooklyn Center Conservation Commission and the Park and Recreation Commission
relative to snowmobile operations in certain City parks. The City Manager
reviewed the current regulations relating to snowmobile operations in parks and
summarized the recommendation of the Advisory Commissions which essentially
limited snowmobiling to Central Park and to the open space greenstrip paralleling
Shingle Creek between County Road 10 and County Road 130, Mayor Cohen then
recognized Mrs. Audre Mossberg, Chairman of the Conservation Commission to
present justification for recommending the elimination of snowmobiling within the
Palmer Lake Basin. Mrs. Mossberg and other Conservation Commissioners
described their observations of environmental damage proported to have been caused
by snowmobiles in the Palmer Lake Basin during the past year. The audience posed
questions and offered comments challenging the extent and cause of any environ-
mental damage from snowmobiles.
Mayor Cohen next recognized Mr. Donald Reichel, Chairman of the Park
and Recreation Commission who spoke in support of the Park and Recreation
Commission's recommendation to prohibit snowmobiling in the Palmer Lake Basins
Questions and comments were offered from the audience.
Upon discussing the matter amongst its members, the Council concluded
that members of the Advisory Commissions, a representative Snowmobilers Committee,
and City Councilmen should inspect the Palmer Lake Basin to observe any environ-
mental damage and to gather any additional facts toward making a decision on
the use of the Palmer Lake Basin for snowmobiling: It was the consensus of the
Council to defer action on the Park and Recreation and Conservation. Commission's
recommendations to prohibit snowmobiling in the Palmer Lake Basin and that the
Council would inspect the Palmer bake Basin on Saturday morning, December 12,
1970.
The City Council recessed at 1.0 :05 P.M. and resumed at 10;31 P.M.
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The Council next considered a draft Freeway Development ordinance
recommended by the Planning Commission. The City Manager backgrounded the
Council on the provisions of the ordinance. Mr. Loucks explained to the Council
the freeway development zone in Bloomington, Following this he explained
Exhibit #1 illustrating the Planning Commission's recommendations for freeway
development zone areas, Mayor Cohen deft the table at 11:11 P. M. and
Mayor Pro -tem Howard Heck assumed the Chair. Mayor Cohen returned to the
meeting and assumed the Chair at 11 :15 P.M.
A discussion ensued regarding the special use concept of the ordinance
and the standards which would be used in implementing the ordinance. Concern
was expressed that the ordinance provisions be designed such that there are no
adverse 'legal ramifications. Concern was also expressed about the connotations
of the term "Freeway" in the ordinance title, Mayor Cohen suggested that the
ordinance draft be reviewed by the staff and City Attorney, taking into consideration
the Council's comments and concerns.
Councilman Willard requested that the Council consider his proposal
for an internal City bus program, . It was suggested that Councilman Willard would
make a personal investigation into the feasibility of establishing such a, program
rather than establishing a committee for the purpose at this time, Councilman
Willard left the table at 11;45 P. M.
The City Manager next requested the Council to consider a letter
from Mr. R. L, Ernst dated December 3, 1970 requesting Council action on
Planning Commission Application No. 69005, said application requesting rezoning
from I -2, 0-1 and R -1 to the R -5 classification property generally located south
of Upper Twin Lake and north of the Soo Line Railroad right -of -way.' The City
Manager backgrounded the Council on the history of this application and suggested
to the Council the alternatives that the Council could take regarding Mr. Ernse s
request.
Mayor Cohen then called upon Mr. Ernst for his comments. Mr. Ernst
stated that his letter speaks for itself and he wished the Council to take action'
this evening on his request, Mayor Cohen then reminded the applicant that he
had concurred in the tabling of the application in order to secure the necessary
information and testimony to support an intelligent decision. The Mayor stated
that it was obvious to everyone that the proposed rezoning had broad neighborhood
implications and that it therefore required comprehensive plan review and possible
modification, Councilman Heck stated that the City had invested a great deal of
time and money to date in the matter and that it would be premature and pointless
to mare a decision in the absence of information, Councilman Leary stated that
the Ernst application transcends the subject land parcel and effects the entire
southwest neighborhood, Councilman Ausen stated that the Planning Commission
and i o
C Council have
tY put a great deal of time and effort into the application and
that a decision should' be based upon complete information and facts,
Following review by the City Attorney of the various alternatives available
to the Council and the possible legal ramifications thereof, Mayor Cohen stated
to Mr. Ernst that it was unanimous Council consensus not to act upon his request
for a decision this evening. Motion was made by Howard Heck and seconded by
Vernon Ausen to acknowledge Mr. Ernst's letter dated December 3, 1970 and to
lay over his request therein until sufficient facts and information are available
and a recommendation is received from the Planning Commission, Voting in
favor were; Philip Cohen, john Leary, Vernon Ausen and Howard Heck. Voting
against were none. Motion carried unanimously.
Motion by Vernon Ausen and seconded by John Leary to approve a
Christmas Tree Sales License for Gary Bennett at 5740 Osseo Road, Voting in
favor were: Philip Cohen, john Leary, Vernon Ausen and Howard Heck. Voting
against were: none. Motion carried unanimously.
The City Manager next commented that the staff has completed a'
draft boarding care and nursing home ordinance. He stated that the staff is now
receiving comments from the various interested groups.
Motion by Howard Heck and seconded by John Leary to adjourn the
meeting. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, and
Howard Heck. Voting against were: none. Motion carried urianimously.
The Council adjourned at 12 :22 P. M. --
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