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HomeMy WebLinkAbout1986 08-11 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 11, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro tem Gene Lhotka at 7:04 p.m. ROLL CALL Mayor Pro tem Gene Lhotka, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Pro tem Lhotka noted that Mayor Nyquist was absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Hawes. OPEN FORUM Mayor Pro tem Lhotka noted that he had received a request from Arnold Land, 6845 York Place, to use the Open Forum session this evening. Mr. Land stated that he was present this evening to speak to the Council regarding the Police Department. Mr. Land stated that he has had the opportunity to deal with the Police Department three times over this past summer. He noted that in June a Crime Prevention meeting had been set up for his neighborhood but the officer had not appeared for the meeting. He stated that he was aware of an accident which took place in early July, in which it took the Police Department 15 minutes to respond. He stated he was told at that time there were only four officers on duty that evening. He went on to explain that on July 29 the Police Department was called for a burglary in progress in his area and it took them a substantial amount of time to respond. He noted he was told there were only three officers on duty. Mr. Land stated that if there is a shortage of officers in the Police Department perhaps the Council should look into authorizing more positions. The City Manager stated that he would be checking with the Chief of Police regarding the dates that Mr. Land mentioned and the number of officers on duty those evenings. He noted that he was sorry that the impression had been left with Mr. Land that the City has a shortage of police personnel. Councilmember Theis requested that the City Manager report back to the Council with his findings. CONSENT AGENDA Mayor Pro tem Lhotka inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Hawes requested that item 9a be removed, 8 -11 -86 -1- Councilmember Theis requested item 9b and the City Manager requested item 9f be removed from the Consent Agenda. APPOINTMENT OF ELECTION JUDGES FOR THE SEPTEMBER 9 1986 PRIMARY ELECTION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint the list of election judges for the September 9, 1986 primary election. The motion passed. RESOLUTIONS RESOLUTION NO. 86 -122 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, DELINQUENT PUBLIC UTILITY ACCOUNTS, AND DELINQUENT WEED REMOVAL ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -123 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION DEPARTMENT FEES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE --OPERATOR Holiday Inn 1501 Freeway Blvd. GARBAGE HAULERS VEHICLE LICENSE Block Sanitation 6741 79th Avenue North Browning Ferris Ind. of MN 9813 Flying Cloud Drive Minneapolis Hide & Tallow Co. P.O. Box 12547 ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Rotary Club 7456 Colfax Avenue North SIGN HANGER'S LICENSE Crosstown Sign Company 10166 Central Avenue NE Signcra.fter's Outdoor Display, Inc. 7775 Main Street NE SPECIAL FOOD HANDLING LICENSE C.O.M.B. Company 5425 Xerxes Avenue North The motion passed. 8 -11 -86 -2- APPROVAL OF MINUTES - JULY 28 1986 - REGULAR SESSION There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the minutes of the July 28, 1986 City Council meeting. The motion passed. Mayor Pro tem Lhotka abstained from voting as he was not present at this meeting. 75TH ANNIVERSARY CELEBRATION EXECUTIVE COMMITTEE REPORT Mr. Phil Cohen of the 75th Anniversary Celebration Executive Committee came forward and briefly reviewed the standings of the Committee. He stated that he is present this evening to ask the Council to make a motion to defer the payment for the final contribution from the City. He stated that it is possible that the Committee will not need the final contribution from the City and would prefer to have the payment deferred. Mr. Cohen then introduced Mr. Mike Nelson who gave a brief summary of the financial status of the Committee. There was a brief discussion regarding the various events which the 75th Anniversary Celebration Committee has sponsored throughout the summer and the expenses they have incurred. Councilmember Theis stated that it appears the 75th Anniversary Celebration has been very successful and that he is very proud and thankful for the time and effort that the committee members have put into this celebration. Mr. Cohen stated that it is the Committee's goal to leave $10,000 in the account for the Earle Brown Days Celebration in 1987. He went on to briefly review the upcoming events scheduled for this fall and stated that he would like to thank the staff and City Council for all their cooperation and support. There was a motion by Councilmember Scott and seconded by Councilmember Theis to defer the payment of the final contribution for the 75th Anniversary Celebration Committee. The motion passed. RESOLUTIONS CONTINUED The City Manager presented a Resolution Accepting Bid and Approving Contract for Sidewalk Improvements on Humboldt Avenue North (Project No. 1986 -06, Contract 1986 -N). Councilmember Hawes asked if the date stated in the first paragraph of the resolution should be August instead of July. The Director of Public Works responded affirmatively. RESOLUTION NO. 86 -124 Member Bill Hawes introduced the following resolution and moved its adoption subject to the date correction in the first paragraph: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR SIDEWALK IMPROVEMENTS ON HUMBOLDT AVENUE NORTH (PROJECT NO. 1986 -06, CONTRACT 1986 -N) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Approving Contract for Earle Brown Farm Tax Increment District Phase II Streetscape Improvements 8 -11 -86 -3- (Project No. 1986 -15, Contract 1986 -0). Councilmember Theis stated that the reason he had this item pulled from the Consent Agenda was that there had not been any backup material for the item and that he felt it should not be on the Consent Agenda if there is no backup material. RESOLUTION NO. 86 -125 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE II STREETSCAPE IMPROVEMENTS (PROJECT NO.. 1986 -15, CONTRACT 1986 -0) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Declaring Cost to be Assessed and Providing for Hearing on Proposed Assessments for Shingle Creek Parkway Street Turnlane Improvement Project No. 1986 -07. He stated that the cost of this project would be assessed to Ryan Construction and Target. RESOLUTION NO. 86 -126 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1986 -07 (SHINGLE CREEK PARKWAY TURNLANE CONSTRUCTION) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1986 General Fund Budget to Provide for Wage and Salary Adjustments. He noted that this was the annual authorization to allocate salary increases from the unallocated department budget. RESOLUTION NO. 86 -127 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging. He explained that this item would allow for the creation of a Tourism Bureau. He added that this item was first read on July 14, 1986, published in the City's official newspaper on July 24, 1986, and is offered this evening for a second reading. He stated that he is recommending deferment of this item for two weeks so that he can be assured of coordination between the City, the Chamber of Commerce and the Tourism 8 -11 -86 -4- Bureau. Councilmember Theis asked what areas in the contract the City Manager felt were weak. The City Manager stated that the Director of Finance has recommended some changes to the contract and that he would like to be able to meet with everyone involved to ensure total coordination. Councilmember Theis asked if the other communities had passed the similar ordinances. The City Manager responded affirmatively but added that it should not be a problem for the City of Brooklyn Center to defer this for two weeks. Mayor Pro tem Lhotka opened the meeting for the purpose of a public hearing on An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging, and inquired if there was anyone present who wished to speak at the public hearing. Mayor Pro tem Lhotka recognized Mr. Steve Anderson, Ramada Hotels, who stated he would like to address some of the concerns that the City Manager has stated. He explained that the committee that initiated the Tourism Bureau idea does not feel the independent chambers have the time, money or ability to do this on their own. He noted that the committee has been working on this ordinance for six or seven months. Mr. Anderson briefly explained the membership of the Board of Directors and the contract itself. Councilmember Hawes stated that he has some concerns and questions regarding the Tourism Bureau and asked how the decisions would be made for determining which City would sponsor the different events. Mr. Anderson stated that the Tourism Bureau would notify all the hotels and businesses of the event, and they in turn would approach the organization sponsoring the event with their prices and packages. He stated that it is up to the organization sponsoring the event to make the necessary decisions and that the Tourism Bureau simply supplies information and lists of businesses to the organization. The City Manager stated that he is not opposed to the Tourismspaces Bureau or the ordinance but only uncomfortable with it at this time. He stated he would feel more comfortable if he were allowed two weeks time for research. Councilmember Hawes and Councilmember Scott agreed with the two week deferment suggested by the City Manager. There was a motion by Councilmember Theis and seconded by Councilmember Scott to table An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging until P g g it the August 25 1986 meeting, g, and to continue the public hearing at 7:30 p.m. that evening. The motion passed. The City Manager introduced An Ordinance Amending Chapters 8 and 23 of the City Ordinances Regarding Licensing of Bottled and Canned Soft Drinks. He stated that this item was first read on July 14, 1986, published in the City's official newspaper on July 24, 1986, and is offered this evening for a second reading. Mayor Pro tem Lhotka opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapters 8 and 23 of the City Ordinances Regarding Licensing of Bottled and Canned Soft Drinks, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 8 -11 -86 -5- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapters 8 and 23 of the City Ordinances Regarding Licensing of Bottled and Canned Soft Drinks. The motion passed. ORDINANCE NO. 86 -07 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 8 AND 23 OF THE CITY ORDINANCES REGARDING LICENSING OF BOTTLED AND CANNED SOFT DRINKS The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 Regarding Administrative Permit Fees. He stated that this item deletes all references to fees in the zoning ordinance. He noted that this ordinance is offered for a first reading this evening. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 Regarding Administrative Permit Fees. The motion passed. The public hearing was set for September 8, 1986 at 7:30 p.m. The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He stated that this item will accomplish the rezoning from I -1 to R7 for the Earle Brown Commons Development. He added that this ordinance is offered this evening for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The motion passed. The public hearing was set for September 8, 1986 at 7:30 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 86029 SUBMITTED BY DAVID OTTO REQUESTING A VARIANCE FROM SECTION 35 -704 OF THE CITY ORDINANCES TO ALLOW FULL RETAIL USE OF THE BUILDING AT 5810 XERXES AVENUE NORTH WHILE PROVIDING FEWER PARKING STALLS THAN REQUIRED BY ORDINANCE The City Manager noted this item was recommended for approval by the Planning Commission at its July 31, 1986 meeting. The Director of Planning & Inspection referred the Mayor Pro tem and City Council to pages one through three of the July 31, 1986 Planning Commission minutes and the attached informational sheet with those minutes regarding this application. He reviewed the application and the-past consideration of the parking formula ordinance amendment. He noted that the Planning Commission has recommended adoption of the ordinance amendment by the Council. He further explained that the Planning Commission has also recommended approval of the variance to allow Council time to consider the ordinance amendment and briefly reviewed the findings of hardship pertaining to the variance. Councilmember Hawes stated that he was not sure, if by solving 8 -11 -86 -6- this one problem, the City would not be overlooking another set of problems. He added that he felt, if the variance was approved, a fifth condition should be set on the application pertaining to fencing around the trash container. Councilmember Scott asked if there were any plans for interior remodeling of the store. The Director of Planning & Inspection stated that he has not seen any final plans at this time but the placement of the stores may be rearranged. Councilmember Theis stated that he feels very strongly that the City must look further than this particular area before passing an ordinance amendment regarding parking requirements. Councilmember Theis then asked how the ordinance amendment would affect the greenstrips and landscaping. The Director of Planning & Inspection stated that it would affect these areas no differently than it does now. He explained that currently many of the greenstrips inside of parking lots are areas that are reserved for proof of parking and that they could be deleted, if more parking spaces were required. Mayor Pro tem Lhotka asked if the Council were in favor of the ordinance should they then deny the variance. The Director of Planning & Inspection stated that it is one course of action the Council could take, or the Council could table consideration of the ordinance and approve the variance. Mayor Pro tem Lhotka opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86029 submitted by David Otto. He inquired if there was anyone present who wished to speak at the public hearing. ,Mayor Pro tem Lhotka recognized Mr. David Otto, the applicant, who stated that it is his intention to re- orientate the businesses towards the north. He further explained that there has been no lease agreement with the Health Spa since February of 1985 for parking spaces. Councilmember Theis asked if there were any covenants that dictate leasing spaces to the Health Spa. Mr. Otto responded negatively. Mayor Pro tem Lhotka inquired if there was anyone else in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 86029 submitted by Mr. David Otto. The motion passed. Councilmember Theis asked the City Attorney if the Council would be setting a precedent for the rest of the City if a variance were granted to Mr. Otto. The City Attorney stated that he has not done any research into the matter, but he believes that if there are any similar sites within the City, a variance would have to be granted to them if they applied for.it. Mayor Pro tem Lhotka asked if there were any other sites in the City similar to this one. The Director of Planning & Inspection responded negatively. The City Manager asked about the Showbiz Pizza site. The Director of Planning & Inspection stated that Showbiz Pizza uses the restaurant formula for parking and he believes this formula is very accurate. Councilmember Hawes asked the Director of Planning & Inspection if he felt 8 -11 -86 -7- secure with the ordinance amendment. The Director of Planning & Inspection responded affirmatively. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to deny the variance application submitted by Mr. David Otto, Planning Commission Application No. 86029. There was a brief discussion regarding the procedures for ordinance amendments. Councilmember Theis noted that before an actual vote was taken he would like to state his intentions. He stated that he would vote against the ordinance amendment because he would like more information on the effect of greenstrips from this ordinance amendment. He added that he would also vote against the denial of the variance. The Director of Planning & Inspection stated that the Council could approve the variance and table the ordinance for further discussion if they so wished. He added that the variance could also be tabled for up to 30 days. There was a motion by Councilmember Theis and seconded by Mayor Pro tem Lhotka to table the proposed ordinance amendment ent re ardin parking regarding p g requirements for retail buildings. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Mayor Pro tem Lhotka and Councilmember Theis; and the following voted against: Councilmember Hawes and Councilmember Scott. The motion failed. Upon vote being taken on the motion to deny a variance application submitted under Application No. 86029, the following voted in favor thereof: Councilmember Hawes; and the following voted against the same: Mayor Pro tem Lhotka, Councilmembers Theis and Scott. The motion failed. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the variance for Planning Commission Application No. 86029 subject to the four findings of fact and a fifth condition being added regarding the fencing of trash containers. Councilmember Scott stated that she did not feel the variance is the correct way to handle this matter, but added that she did not want the applicant to be left without any options open to him. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Councilmembers Scott and Theis; and the following voted against the same: Councilmember Hawes and Mayor Pro tem Lhotka. The motion failed. There was a motion by Mayor Pro tem Lhotka and seconded by Councilmember Scott directing the staff to provide further information regarding the proposed ordinance amendment for a first reading at the next regular City Council meeting. The motion passed. Mayor Pro tem Lhotka noted that the variance must be acted on within 30 days. Councilmember Theis stated that he would like the variance to come back before 8 -11 -86 _8_ the Council at the same time the other information is presented on the ordinance amendment. RECESS The Brooklyn Center City Council recessed at 9:05 p.m. and reconvened at 9 :25 p.m. REVIEW OF AMENDED BUILDING PLANS SUBMITTED BY STEPHEN COOK PLANNING COMMISSION APPLICATION NO. 86013 The City Manager stated that an informational hearing has been set for this evening's meeting and notices have been sent to the surrounding neighbors. The Director of Planning & Inspection briefly reviewed the past Planning Commission applications regarding the property and proposed plan submitted by Mr. Stephen Cook. He noted that because the Council had initially required review of the site plan this amended plan must also be reviewed and considered by the Council. Councilmember Theis asked how the height and setbacks compare to the original site plan. The Director of Planning & Inspection stated that in the new plan the building would be somewhat shorter and that he did not have any dimensions on the total height of the building. He noted that the proposed building is within the setback standards. Mayor Pro tem Lhotka opened the meeting for the purpose of any public inquiry regarding the amended building plans submitted by Stephen Cook. Mayor Pro tem Lhotka recognized Ms. Lillian Headline, 5320 Russell Avenue North, who stated that she feels the north setback brings the home too close to her property. Mayor Pro tem Lhotka recognized Mr. Robert Hanson, 4951 Logan Avenue North, who stated he feels the new proposal would look much better on the lot and will fit into the neighborhood better. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the revised building plan submitted by Stephen Cook, Planning Commission Application No. 86013. The motion passed. PUBLIC HEARING The City Manager noted that a public hearing had been scheduled this evening regarding proposed street improvements on 69th and 70th Avenues North between Dupont Avenue and T.H. 252, Project No. 1986 -10. He stated that this hearing was only on the improvement project itself and that a hearing would be held at a later date regarding the assessment of the project. The Director of Public Works reviewed the transparency showing the proposed improvement and stated that the project is covered by an agreement with MN /DOT regarding the T.H. 252 project. He stated that it would be a nine ton roadway, 32 feet wide, and that no parking would be allowed on the road. He briefly reviewed the proposed assessments and stated that the projects had initially been started in 1982. The Director of Public Works stated that after the project was complete an assessment roll would be prepared and the Council would be asked to set a date for a special assessment hearing. He noted that the levy rate against the City is at the same rate as all other property in the area. Mayor Pro tem Lhotka 8 -11 -86 -9- asked if MN /Dot's portion of the project would be assessed. The Director of Public Works stated that MN /Dot's portion of the project would not be assessed to the property owners. Mayor Pro tem Lhotka opened the meeting for the .purpose of a public hearing regarding proposed street improvements on 69th and 70th Avenues North between Dupont Avenue and T.H. 252, Project No. 1986 -10. He recognized Ms. Mary Hobbs, 6842 Dupont Avenue North, who stated that it doesn't seem quite fair that the City can complete a project and then discuss the assessments. The 'City Manager stated that the City is required by State law to take action on the assessments after the completion of the project. He added that when improvements are made to streets surrounding corner lots the property owners are assessed for only one side of the lot. Mayor Pro tem Lhotka then recognized a representative of Invespro II Limited Partnership, which is the owner of the Columbus Village apartments. He stated that because of the construction the tenants would no longer have direct entry onto T.H. 252. Mayor Pro tem Lhotka then recognized Mr. James Baumgartner, 6844 Colfax Avenue North, who stated that he is very upset by the change in the roadway, and stated that it appears that it will cause more problems than it will solve. Mayor Pro tem Lhotka recognized Ms. Helen Baumgartner, 6844 Colfax Avenue North, who stated that she is concerned about the safety of the children who will use the soccer and football fields in the area. The City Manager stated that there will be additional plantings along the roadway separating the playing fields from the street. Ms. Baumgartner stated that she feels the area will be more congested after the improvement project is complete because there will only be one road into or out of the softball fields and their parking lots. She added that she is against the closing of 69th Avenue North. The Director of Public Works stated that the City did not have the option of leaving both 69th and 70th Avenues open. Mr. Baumgartner stated that he did not feel it was right to make a major change to a roadway that would affect only four families. There was a brief discussion regarding the drainage problem in the area and how lowering the road will improve the problem. Mayor Pro tem Lhotka recognized Walter Wenholz, 501 69th Avenue North, who stated that he was not directly affected by the project but had a couple of questions regarding the improvement. He stated that currently the north exit from Columbus Village apartments is blocked and asked if it would be blocked permanently. The Director of Public Works reviewed the transparency showing that area, and stated that the north exit of Columbus Village would not be permanently blocked. Mr. Wenholz asked what will happen to the property at the end of 69th Avenue North. The Director of Public Works stated that the area would become a hammerhead turnaround. Mr. Wenholz asked what the projected completion date was for the improvement project. The Director of Public Works stated that it should be complete by the fall of 1986. He added that T.H. 252 must be completed in that area by October 23, 1986. Mayor Pro tem Lhotka recognized Mr. Ronald Denny, 6845 Bryant Avenue North, who stated he is generally in favor of the project because there will be less 8 -11 -86 -10- traffic in the area. He noted that he had some concerns regarding maintenance of the property and the sidewalk. He also asked if he had understood correctly that corner lots have the choice for which street would be assessed. The City Manager stated that corner lot property owners would have the option to decide which street they paid an improvement assessment on. The Director of Public Works stated that after the project the area would be regraded and new sod would be put in. He noted that ownership would be by the City for the right -of -way and it would be the responsibility of the City to maintain this area and the sidewalk. However, he added, that staff would be happy to work with the property owner if they would prefer to maintain the area with trees, shrubs, gardens, etc. He added that this land would have no effect on the side yard setbacks. Councilmember Lhotka asked what could be done if pedestrian traffic cut across this area. The Director of Public Works stated that it would be the City's responsibility to provide some sort of obstacle. He stated that the owner could put up a fence but only along his property line not along the right - of -way area. There was a brief discussion regarding the change in the crosswalk area and it was noted that Mr. Berg from Evergreen Park elementary school g y had suggested the new crosswalk area Mayor Pro tem Lhotka recognized Mr. Paul Rosso, who stated he was present this evening representing Melba Evenson, owner of 800 69th Avenue North. He noted that he had submitted a six page letter to the Director of Public Works and stated that he would like a written letter addressing his questions. He then went on to discuss a storm sewer which had apparently been cut a couple of years ago by the Water Department and Minnegasco. The Director of Public Works stated that the existing storm sewer had been damaged at one time, but it was checked in 1982 and found to be repaired and functioning well. The City Manager asked how old the storm sewer was. The Director of Public Works stated that it is approximately forty years old. Mayor Pro tem Lhotka asked if there was anyone else present in the audience who wished to address the Council, there being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing regarding proposed street improvements on 69th and 70th Avenues North between Dupont Avenue and T.H. 252, Project No. 1986 -10. The motion passed. RESOLUTION NO. 86 -128 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1986 -10 The for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Pro tem Lhotka left the table at 10:55 p.m. 8 -11 -86 -11- Councilmember Scott asked the Director of Public Works to give a brief explanation of the reason for construction. Mayor Pro tem Lhotka returned to the table at 10:57 p.m. The Director of Public Works gave a brief explanation of the reasons for the construction of the new roadway and stated that he felt the 70th Avenue entrance onto T.H. 252 had distinct advantages. RESOLUTION NO. 86 -129 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR STREET IMPROVEMENTS TO 69TH /70TH AVENUE NORTH BETWEEN DUPONT AVENUE AND T.H. 252 (PROJECT NO. 1986 -10, CONTRACT 1986 -M) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 11:02 p.m. City Clerk May 8 -11 -86 -12-