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Home My WebLink About1967 10-30 CCM Special Session 5 Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minne¢ota October 30, 1967 The City Council met in special session and was called to order by Mayor Phili o 7 Chen at 31 P P .M Roll Call: . T Leary,, Mayor Cohen John Lea Gordon Erickson Howard Heck Y and Theodore Willard were present. Also present were: D. G. Poss, Paul Holmlund, Charles VanEeckhout, Richard Schieffer, Richard Cihoski, Thomas O'Hehir and Terry Dulgar. Motion by Howard Heck and seconded by Gordon Erickson to approve the minutes of the October 16, 1967 Council meeting. Motion carried unanimously. The invocation was offered by Reverend Lindquist of Brookdale Covenant Church. Mayor Cohen introduced Mr. Donald McCready of 7133 Newton Avenue North to the Council and the Council accepted a petition from Mr. McCready objecting to the curb -side postal service for residents of this area. Motion by Howard Heck and seconded by Gordon Erickson that the Council acknowledge and accept the petition from Mr. McCready concerning postal service in his neighborhood and that the petition be forwarded to our representatives in Washington. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -325 RESOLUTION TO AMEND RESOLUTION NO. 67 -299 ADOPTING HE 1968 BIMQE The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon the following voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mr. Poss explained that the amending resolution was necessary because the Attorney General had ruled that the personal property tax relief reimbursement could not be considered as a shared tax revenue. He went on to say that the item was merely transferred to the general property tax levy and that in effect there was no change in the Budget. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -326 RESOLUTION TO AMEND RESOLUTION NO. 67 -300 AUTHORIZING A AX L EVY FOR 1968 BUPQ XT Agp8QPR1nION 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, Gordon Erickson.. I loward Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- 87 Mr. Poss then discussed with the Council his attem t to purchase a portion of the Mound Cemetery property for the City's open - pace program. Mr. Bruce Russell, an attorney representing the Mound Cem ery Association, explained that the Association would not consent to sell or I their property to the City. After hearing comments from Mr. Russell and Mr. Poss, the City Council determined to proceed with eminent domain proceedings against the Mound Cemetery Association. Mlember Theodore Willard introduced the following re olution and moved its adoption: RESOLUTION NO, 67-327 RESOLUTION DIRECTING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS RE TIVE TO gE LANDS IN M OUND CE ER The motion for the adoption of the foregoing resolution was c my seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Gordon Erickson, I loward 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: I RESOLUTION NO. 67 -328 RESOLUTION DIRECTING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS RELATIVE TO CERTAIN LANDS IN THE PALMER LAKE BASIN The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon the following voted in favor thereof: Philip Cohen, john Leary, Gordon Erickson,, Howard Heck and Theodore Willard, and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen stated that prior to the meeting he had ceived a petition carried by Mr. & Mrs. Erwin Pagels, signed by them and their neighbors requesting sidewalks for Brooklyn Center. The Council acknowledged receipt of the petition. Motion by Howard Heck and seconded by Gordon Erickson to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 BY THE ADDITION OF CERTAIN PROPERTIES TO THE B -3 (GENERAL BUSINES DISTRICT) ZONING CLASSIEIQAT Motion carried unanimously. The Council then considered Application #67050 sub itted by Davies Water Equipment Company,. requesting a variance from Section 35 -402 to permit a lesser setback than the 100 feet required, and approval of site and building plans of an industrial building. Mr. Poss reviewed for the Council the Planning Commission's action on this application at its October 26th meeting, noting that the Commission had declined to act on the Application, rather passing it to the Council without action, but with a statement of their opinions with regard thereto. Mayor Cohen commented on the Planning Commission's action on the Application and the Council then discussed the various alternatives wit regard to industrial uses across a street from residential uses. Mayor Cohen left the meeting at 9:09 P. M. and Mayor Pro -tem Howard Heck assumed the chair. -2- A lengthy discussion of Application #67050 failed to resolve the matter. Motion by John Leary and seconded by Gordon Erickson that the Council acknowledge the resignation of Mr. Arthur F. Callahan, 5819 Halif Avenue North, from the Charter Commission. Motion carried unanimously. The meeting recessed at 9 :57 P.M. and resumed at 10 :15 P.M. The Council discussed among themselves and with the representatives of Davies Water Equipment Company various factors having a bearing on the requested variance, and the possibility of situating the buildings on the property in such a manner as to eliminate the need for a variance, but after lengthy discussion, the Council was unable to find a solution to this problem. The Council asked representatives of the Davies Water Equipment Company if they would wish to accept a tabling of their application so that other plans for the development of the property might be submitted, but Mr. Davies and Mr. Jones asked for action on the application as submitted at this time. Motion by Theodore Willard and seconded by Gordon Erickson to deny the variance from Section 35 -402 as requested in Application #67050 for the property at 4010 Lakebreeze Avenue, for the following reasons: 1. there has been no demonstration that a hardship exists for the applicant; 2. compliance with the setback requirements of the Zoning Ordinance is possible with revision to the proposed site plan; 3, the Planning Commission has twice reviewed this application, and has recommended its denial. Voting in favor were: john Leary, Gordon Erickson, and Theodore Willard, Voting agaimt: Howard Heck Motion carried. Motion by John Leary and seconded by Theodore Willard that Application #67032 be tabled until the meeting of November 13th due to the absence of the applicant. Motion carried unanimously. Motion by John Leary and seconded by Gordon Erickson to authorize an agreement with Moen and Pentilla for the performance of the audit of 1967 City Funds and to authorize the Mayor and City Manager to sign the same. Motion carried unanimously. Motion by Gordon Erickson and seconded by Theodore Willard to approve the release of the Brookdale Chrysler /Plymouth performance bond. Mr. Willard stated that he had checked the premises and agreed that they had complied with required landscaping improvements. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to approve the following licenses: Gas Piping License Siegler- Minnesota 106 East Lake Street Service Station License Brookdale Mobil 5710 Xerxes Avenue North Motion carried unanimously. Mr. Foss explained to the Council the "'Buy- Back" provisions of the new P. E. R.A. legislation. Motion by Gordon Erickson and seconded by John Leary that the City Council decline to assume the obligation to contribute the employer's matching amount of retroactive P.E.R.A. "Buy -Back" covering the period July 1, 1957 to June 30, 1967. Motion carried unanimously. -3- r 101 . Mr. Poss brought to the attention of the Council that they have the right to vote on November 1st for the P, E. R. A. and Social Security referendum and that ballots are available from Mr. Holmlund Mr. Poss, in answer to a question asked by Councilman deck at the previous meeting relating to liquor store financial reports, explained that it had been the policy of the Staff for some time to present the Council with a quarterly synopsis of liquor statements as they compared with the same quarter of the previous year. The Council then agreed that this was satisfactory. A brief discussion ensued relating to the Workmen's Compensation Program Insurance and it was brought out that the maximum 43% dividend had been received by the City on its Workmen's Compensation Insurance for the past year because of a low accident rate. Councilman Leary reported on the meeting of the Surburban Rate Authority and the Surburban Sanitary Sewer Authority which he attended as a delegate of Brooklyn Center. The Council acknowledged receipt of a legal complaint regarding Application #67005 by Norman L. Chazin, Isolda Gilles, and Shell Oil Company against the City. The Council directed that the complaint be referred to the City Manager and City Attorney and that a report and recommendation be prepared by the same and submitted to the Council at the November 13th meeting. Councilman Willard reported on his attendance at the meeting of the Hennepin County League of Municipalities Refuse Committee. Motion by Gordon Erickson and seconded by john Leary that the meeting be adjourned. Motion carried unanimously. The City Council adjourned at 11;29 P.M. Clerk Mayor - 4-