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HomeMy WebLinkAbout1978 06-19 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 JUNE 19,' - 1978 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :02 p.m. Roll Call Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar,, Gene Lhotka and Celia Scott.- Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Parks and Recreation Gene Hagel, Director of Planning and Inspection Blair Tremere, Superintendent of Engineering James'Noska, Building Official Will Dahn, and Administrative Assistants Ronald ' Warren and Mary Harty. Invocation - Councilmember Fignar offered an invocation. Approval of Minutes Motion by Cowlcilmember Lhotka and seconded by Council - (Board of Equalization) member Kuefler to approve the minutes of the May 31, 1978 5 -31 -78 Board of Equalization meeting as :submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka and Scott. Voting against: none. The motion passed. Councilmember Fignar abstained as he was not at that meeting. Approval of Minutes Motion by Councilmember Scott and seconded by Council - (City Council) member Kuefler to approve the minutes of the June 5, 1978 6 -5 -78 - City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers .Kuefler' and Scott. Voting against none. The motion passed. Councilmembers Fignar and Lhotka abstained as they were not at that meeting. Open Forum Mayor Nyquist introduced the first item of business on the agenda, that of the Open Forum. He explained that the Open Forum was instituted to give any citizen the opportunity to address the City Council as a mole and comment on any opinion, problem, concern or complaint they might have which is relevant to the affairs of this local government and its policies and practices. He recognized Mr. Bennie Rozman, 400 Dakota Avenue South, principal owner of the Brookdale Ten apartment complex. I- Mr. Rozman stated that he was aware than during the Open Forum portion of the City Council meeting of approximately n month neighboring ro ert o e mo t a p that ago p p Y owners had com- plained about maintenance problems at the Brookdale Ten apartment complex. He stated that he felt there was two sides to every story and that he had a number of complaints regarding the neighboring property owners and their children. He stated that he had wished the neighbors had come to him personally to talk about the problems associated with the apartment complex rather than to raise their concerns with the City Council. He explained that he felt that communi- cation between himself and the neighboring property owners would have been beneficial. Mr. Rozman next listed the number of complaints that he had regarding neighboring property owners and their children. - He stated that neighbor- hood kids often ride their across the apartment's lawn, use the swimming pool without permission, smoke in in the hallways and break lights and other fixtures; write foul words on the walls,, that neighbors are using the apart- -I - _ 6 -19 -78 went complex dumpster for dumping their garbage, that neighborhood kids disturb tenants, that nontenants have been found to be using washing machines, that neighbors use the apartment complex. parking lot as a short cut, that neighborhood dogs defecate on the apartment complex lawn, that neighborhood kids throw garbage and other debris on the apartment grounds, that neighbors have parked smashed cars in the complex parking lot, that neighborhood kids have vandalized the buildings and the surrounding property. Mr. Rozman stated that the apartment complex was in poor shape when he acquired the ownership and that he is attempting to address many of the problems associated with it. He commented on the amount of property taxes paid for the apartment complex and noted that at the present time there are only six children in the. complex that make use of local schools. He further stated that he is aware that there are a number of maintenance problems at the complex but added that the neighborhood as well has caused a number of these problems. A discussion ensued relative to Mr. Rozman's -comments. Mayor "Nyquist inquired if Mr. Rozman was certain the children causing problems at the apartment complex were Indeed neigh- boring children . - Mr.' Rozman responded that he was certain these children were neighboring children because on occasion when some were confronted they had indicated where they lived. In response to an inquiry by Councilmember Kuefler Mr. Rozman stated that his resident agent has on occasion contacted parents of neighboring children regarding some of the problems but than the problems still continue. In response c^ an inquiry by Councilmember Fignar Mr. Rozman stated that he was no aware of all of the problems associated with the apartment complex at the time he became the principal owner of the property. He noted that he has been trying to address, many of the problems and had evicted approximately 72 resi&n::;, E of the apartment complex that have been causing probluri He added that for the most- part the people living at i:i', apartment complex are good tenants. ,Councilmember Fignar explained to Mr. Rozman that trc;r : have been a number of 'problems associated with the apar° ment complex and that the City Council is quite con eniod about these problems and that not much had been done Go coy ect these problems by the previous owners of the apz, anent complex. He added that he understands Mr. Rozman's concern that not all of the problems at the apartment compl?,. are caused by the tenants and the management: but that other outside influences also have an effect on the condition o, the area. He further stated that he feels the Council' concern is that there be marked improvement at the complex and that they are >looking for results. Mr. Rozman stated that the problems cannot be solved in a short time and that he is attempting to make the apart- ment complex a better run operation and that he knoyas; what has to be done and that he intends to address theo� problems. He added that he feels the improvements made to the inside of the apartment - complex are signfficnat and that it is his intention to address a number of the outsiri� `problems as well. Councilmember Kuefler stated that Mr. Rozman had indicated that neighboring property owners had not brought their problems and concerns to his attention. He inquired if Mr. Rozman would be willing to sit down with the neighboring property owners and discuss the problems and potential remedies I3 -7�' -2- for them. Mr. Rozman responded that he would be willing to sit and discuss with the neighboring property owners the problems at the Brookdale Ten apartment complex. ; He added that he would welcome this type of cooperation, Mayor Nyquist next recognized Mr. Robert J. Ryan, 5725 Dupont Avenue North, who commented that his neighbor living at 5731 Dupont Avenue North is in the glass business ' and that he stores large sheets of glass in his driveway and on the property. He explained that he has mentioned this to the City previously but that he fels nothing positive has been done. He further explained that he feels this storing of glass on the property is a safety problem particu- larly because of the number of children in the neighborhood that might be hurt. The City Manager responded that the City is aware of the problem. and that the matter has not been dropped. He added that he will check into the matter and respond to Mr. Ryan regarding what can be done. , The Director of Planning and Inspection stated that he has been informed by the Building Official that the person in question has been contacted and that he has informed the Building Official that the matter will be resolved by the end of this month. Mayor Nyquist commented that he had been contacted by the Board of Directors of the Creek Villa Homeowners Associ- ation regarding shrubbery and lighting that was to be put into tho apartment complex prior to completion. He also pointed out that the Homeowner's Association was concerned as well about pipes freezing in the wintertime. He inquired if the City still had an outstanding performance bond on the project. The Director of Planning and Inspection responded that there still is a performance bond outstanding on some landscaping and other improvements. He added that he was not familiar with the water pipe freezing problem but would look into the matter. He pointed out that the streets in the apartment complex are not City streets and that the maintenance of utilities for the project is not the responsibility of the City. Mayor Nyquist commented that the. Homeowner's Association is concerned because they are in the position to take over the maintenance responsibilities of the project and want to be assured that all obligations and responsibilities are met prior to their taking over control. Mayor Nyquist inquired if anyone else wished to be recog- nized for the Open Forum; there being none, the open Forum was closed. Worker's Compensation The City Manager introduced the next item of business on Insurance Contract the agenda, that of a resolution recommended for the purpose, of awarding the City's Worker's Compensation Insurance Contract to the Associated General Agency, agent for the Home Insurance Company. He stated that they were the only agency that had submitted a worker's compensation insurance proposal and that their sealed bid was opened on June 13, 1978 at 11;00 a.m. He added that the proposal comprehends an anticipated net premium, after discounts, of approximately $70,800 and that the contract covers the time period from July 1, 1978 through June 30, 19 79 . A brief discussion ensued relative to the City Manager's recommendation. In response to an inquiry by Councilmember Kuefler the Director of Finance stated that most cities seeking worker's compensation insurance proposals are only receiving one bid. He stated that this is a major concern of many L -3_ 6 -19 -78 Finance Directors in the area and there has been discussion about the possibility of recommending that a joint powers arrangement for management be entered into by a number of suburban municipalities He pointed out that there will be further study and analysis of such a recommendation in the future. He further stated that other alternatives as well will be considered in an attempt to bring worker's compensation insurance premiums down. In response to an inquiry by Councilmember Lhotka, the Director of Finance stated that the premium for worker's compensation insurance for the period ending June 30, 1978 was approximately $50,000 and that the insurance premium for the year ending June 30, 1977 was approximately $30,000, Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO.. 78 -114 RESOLUTION ACCEPTING PROPOSAL FOR WORKERS' COMPENSATION INSURANCE The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Celia Scott introduced the following resolution RESOLUTION and moved its adoption: NO. 78 -115 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) TRAILER MOUNTED SEWER RODDING MACHINE The motion for . the adoption of the foregoing resolution was duly seconded by member Gene Lhotka and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the saro none, whereupon said resolution was declared duly pasL;ed and adop': Member Gene Lhotka introduced the following resolu:ic:_s RESOLUTION and moved its - aopti:on: NO. 78 -116 RESOLUTION ESTABLISHING AND ORDERING CONSTRUCTION OF TRUNK WATER MAIN IMPROVEMENT PROJECT NO. 1973 -29 The motion for the adoption of the foregoing resolution wp. da, y seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted ` Member Tony. Kuefler introduced the following resolution and RESOLUTION moved its ado !.:ins: NO. 78 -11 RESOLUTION PERTAINING TO MINNESOTA DEPARTMENT Of TRANSPORTATION AGREEMENT NO. 59101 REGARDING THE INSTALLATION OF MUNICIPAL WATER MAIN ALONG 53RD AND 57TH AVENUES NORTH IN CONJUNCTION WITH F.I. 94 BRIDGE CONSTRUCTION 6 -19 -78 _. - -4- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Celia Scott introduced the following resolution and NO. 78 -11$ moved its adoption: RESOLUTION PERTAINING TO MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT NO. 5914E REGARDING RELOCATION OF UTILITIES IN CONJUNCTION WITH THE CONSTRUCTION OF F.I. 94 BRIDGES AT 53RD AND 57TH AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof_: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Requesting Bid for The City Manager introduced the next item of business on Reforestation Program the agenda, that of a resolution recommended for the purpose of approving specifications and directing advertisement for bids on trees for a diseased shade tree reforestation program under Contract No. 1978 -F, The Director of Public Works briefly reviewed the plans and specifications for the program and explained that the City would be seeking bids for 145 boulevard trees and 45 park trees to replace trees lost to Dutch Elm Disease in 1977. He explained that the City would be seeking alternate bids for two 'species of trees, Norway /Maple and Lindens. A brief discussion ensued relative to the recommendation with the Director of Public Works responding to an inquiry by Councilmember Kuefler by stating that the City would be planting these trees under contract and that all trees to be replaced were removed because of Dutch Elm Disease in 1977 In response to further Council inquiries the Director of Public Works stated that the replacement trees are only for trees that were removed from boulevard property and that the program does not contemplate tree replacement for trees lost on private property. He pointed out that the City has records indicating the amount and location of trees lost due to Dutch Elm Disease in 1977, RESOLUTION Member Gene Lhotka introduced the following resolution and NO 78 -119 moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR REFORESTATIOT CONTRACT 1978 -F AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar,, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Maintenance of Boulevard The City Manager introduced the next item of business by Sod and Trees commenting that there has been some questions raised and discussion about the City's administrative policy of leaving -5- 6-19-78- the maintenance of boulevard sod and trees as the responsi- bility of the abutting property owner. He explained that he felt this was a matter that the Council should discuss in some detail and that it would be beneficial if a formal policy regarding the maintenance of boulevard sod' and trees was established by the City Council, The Director of Public Works proceeded to review the admini- strative policy regarding the maintenance of boulevard sod and trees and stated that primarily this responsibility is left to the abutting property owners. He explained that when there is a storm causing boulevard trees to fall into the roadway, City crews will push the trees up onto the boulevard with a front end loader and that owners are (then required to cut up these trees and the City will then pick up, haul away and dispose of the downed trees. He noted that the City used to handle completely the removal of storm damaged trees until 1974. He explained that in 1974 there was much storm damage to trees and- that an exceedingly large amount of time was used by the City street crew for cutting and removing these downed trees. He pointed out that if City crews are required to cut up and remove storm damaged try from boulevard property, this means that other tasks they would normally be performing would have to be left to a la:�r time. He added that presently City manpower is only used to pick up trees that are cut up by neighboring property owners and left on the boulevard property. lie fur.he: explained that basically the staff is looking for a feeling from the City Council of whether they want to continue with the current administrative policy of if the City Council feels it would be appropriate for City crews to handle the complete cutting and removal of downed storm damaged tree:;. A brief discussion ensued relative to the Director of ?ub _? _; Works' report. Councilme'mber Fignar inquired as to how long, under the present policy, citizens have to cut u storm damaged trees prior to the time City crews will pic:: up and remove these trees. The. Director of Public Wo:'_.s responded that presently there is ,no time restraint placed on property owners and that generally their respon c to this requirement is good. He noted that some citiV:;,i:3 are somewhat irate regarding this matter and feel that tie City should completely be responsible for the maintenanc 'of these boulevard trees because they are on a City e<t ;e• went The Director of Public Works also painted out th, :t it is difficult to estimate the cost that would be incu.rac: by the City :if it were to completely take on the responsi- ailiCy for maintaining boulevard sod and boulevard trees primarily because weather conditions have a tremendous effect on _ this especially because it is difficult to predict the numb and the frequency of storms which might be experienced by the City. Councilmember Fignar inquired as to the policies of other communities regarding the maintenance of boulevard sou and trees. The Director of Public Works responded that h•: was n ot certain what other communities did with regard to this problem. He pointed out that the City of Minneapoli.; incurs the responsibility for the complete maintenance of boulevard trees. Councilmember Kuefler _pointed out that the City of Minneapolis does maintain boulevard trees but that property owners are assessed a fixed annual assessment for this maintenance. Councilmember Fignar commented that obviously if the City were to incur the responsibility E -19 -78 -; . for maintenance of boulevard trees the City Council will have to provide funding for this added expense., The Director of Public Works estimated that it would take approximately 25% more in labor time for the City to cut up and remove downed trees following a storm. He pointed out that there is no accurate way to measure how often this additional time would be needed and, therefore, almost impossible to accurately budget for such an expense. In response to an inquiry by Mayor Nyquist, the Director of Public Works stated that most of the costs would be internal costs such as labor and that there would be Tittle external costs with such an operation and that these external costs would consist primarily of paying disposal costs at a disposal site. Counciimember Fignar requested further information regarding cost estimates if the City Council were to establish a boule- vard maintenance policy. The City Manager responded that a guesstimate could be made regarding costs associated with such a policy but pointed out that there are few firm variables on which the guesstimates could be made. He added that other communities would be contacted as well regarding their policies for maintaining boulevard sod and trees. The City Manager also pointed out that as the community gets older, and trees get larger, the boulevard maintenance problems cico increase and that the Council should keep this in mind as well. The City Manager also commented on the question of the City maintaining boulevard soda He explained that the question primarily is whether or not the City can force people to cut boulevard sod if it is not being well maintained. He explained that presently it is only an administrative policy that the maintenance of boulevard .sod, as well: as boulevard trees, is the responsibility of the abutting property owner, The Director of Public Works responded that generally there are not many problems associated with people cutting and maintaining boulevard sod, at least in residential areas. He pointed out that there , have been some difficulties with respect to commercial and industrial property and pointed to the Dale Tile property and their position that the boulevard . is not their property but rather City property and they have n o intentions in n 'ons of maintainin g property. that boulevard Mayor Nyquist suggested the possibility of the staff research- ing and making a recommendation regarding a possible ordi- nance whereby the City would maintain such problem boulevard areas and assess the abutting property owners for the cost. In response to an inquiry by Councilmember Kuefler, the Director of Public Works stated that the City is receiving more comments and inquiries regarding whether or not the City is responsible for maintaining boulevard areas. Council- member Kuefler suggested that perhaps this whole bouelvard maintenance question is something that might require more citizen input and comment on. He suggested that the City Manager review the maintenance of boulevard sod and trees question and provide various alternatives from full City participation in the maintenance.of these areas to nonpartici pation and that this information be well publicized and a public hearing on the matter to get citizen input and comment prior to the Council establishing a City policy in this regard. Councilmember Scott inquired as to the City's liability if the City takes on the complete responsibility for maintenance of boulevard trees and sod and if during a storm a boulevard tree would fall on a person's home or injure someone. The City Attorney responded that the normal procedures regarding, t. r -7- 6 -19 -78 negligence would come into play under such a circumstance. He added that if the City was not aware of a problem tree they would in all likelihood not be liable but if they were aware of a dangerous situation such as a tree that could potentially fall and destroy property or harm an individual they might well be held responsible for damages. The City Manager pointed out that this is another area that would need further clarification and should be part of the City Council's consideration regarding a boulevard maintenance policy. Councilmember Lhotka referring to action previously taken by the City Council regarding taking bids on 145 boulevard trees, inquired if it would be possible for the City to stipulate that the maintenance of these 145 boulevard trees are the responsibility of the property owner and that they only will be installed under such a stipulation and an agreemernt" on the pa rt of the property owner. The City Attorney responded that he felt such a stipulation could be required - provided property - owners are informed of their responsibilities. The City Manager reported that he would attempt to address the questions raised by the Council and provide the requested information for the Council's deliberation on a boulevard maintenance policy, Member Celia Scott introduced the following resolution RESOLUT ON and moved its adoption: NO 78 -12.0 RESOLUTION DIRECTING THE DISBURSEMENT OF TI-TEr BALANCE OF THE CASH ESCROW FOR BAERG'S 2ND,ADDITIOIT The motion for the adoption or the foregoing resolution Via-, duly seconded by me rhor Tcry Kuefler, and upon vote bein j taken. thereon, 'he following voted in favor thereof: Dr. Nyquist, Tony Kuefler, B -1 Fignar, Gene Lhotka, and C•:?- Scott; and the following voted against the same: ncrt whereupon said resolution was declared duly passed .: nd adopted. Mayor Nyqui.3' _nnouiwc { the -t public hearings on Public I3 -... ing.; improvement projects were scheduled for 8:00 porn. - .iii evening. He e;zplained that the procedure to be foll.oxo,l would be a brief rev -%u by the Director of Public Wbr.';. followed, by 'ques by the City Council regardin,_; ':h project, the mcating than would be opened for purpo ;:sa of a public hearing with respect to each improverli project and that later in the meeting the Council wo ittl consider ordering construction of the projects shonl their deliberation be favorable. The Director of Public Works stated that these publi.r hearings for the various improvement projects are h Ad in accordance with Chapter 429 of the Minnesota St tutu, He explained that there are a total of 12 improvem _ . projects that.arc related to three major areas in the City. rLe explained that one area involves improvements along rving.Avenue North and Irving Lane within the proposed Lving Estates uubdivis'ion; that the second area involves f improvements to be constructed alo a cul - de - sac extension of Ale-rich Avenue North, northerly of 68to Avenue 'North, and that the third area involves improve - m�-_nt'projects on fames Circle from Freeway Boulev_;rd southerly to th L— cul -de -sac to provide improveme ^ - ... for the proposed bowling alley% and restaurant on ime s Circle. - h t3•I3 -8•- Water Main Improvement The Director of Public Works proceeded to review Water Main Project No. 1978 -17 Improvement Project No. 1978 -17 which comprehends water main construction along Irving Avenue south of 70th Avenue to 69th Avenue, along proposed Irving Lane east of Logan to Irving Avenue and provide services on the north side of 69th Avenue westerly to Irving Avenue. He reviewed a transparency showing the location of the project and stated that the estimated cost is $25, 000 and the estimated assess- ment rate is $1,418 per residential lot or $14.47 per assess- able foot. He pointed out that the assessment period is for 20 years and the number of units to be assessed is nine residential lots. He explained that the nine residential lots were owned by a developer and that a petition representing 56.2% was received. He noted that the probable completion date for the project was August 15, 1978. Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Water Main Improvement Project No. 1978 -17. No one spoke relating to the improvement project. Close Public Hearing Motion by Councilmember Scott and seconded by Council- member Lhotka to close the public hearing on Water Main Improvement Project No, 1978 -17. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka,' and Scott. Voting against: none. The motion passed unani- mously. Sanitary Sewer The Director of Public Works proceeded to review Sanitary Improvement Project Sewer Improvement Project No. 1978 -18 which comprehends No. 1978 -18 sanitary sewer constructionon' proposed Irving Lane from an existing manhole 1,718 feet east of Logan Avenue North easterly 118 feet. He reviewed a transparency showing the location of the project and stated that the estimated cost of the project is $4,300 and the estimated assessment rate is $1,433 per lot. He explained that the number of units to be assessed was three residential lots and that they were, all developer owned. He noted that the probable completion date of the project is August 15, 1978, Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Sanitary Sewer Improvement Project No. 1978 -18. No one spoke relating to the improvement project. Close Public Hearing Motion by Councilmember Fignar and seconded by Council - member Kuefler to close the public hearing on Sanitary Sewer Improvement Project No. 1978 -18. Voting in favor: ' Mayor. Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. Storm Sewer The Director of Public Works proceeded to review Storm Improvement Project Sewer Improvement Project No. 1978 -19 which comprehends No. 1978 -19 storm sewer construction on Irving Avenue North from 70th Avenue to the proposed Irving Lane. He reviewed a trans- parency showing the location of the project and stated that the estimated cost of the project is $9,000 and the estimated: assessment rate is $1,000 per lot. He explained that the number of units to be assessed is nine residential lots and that all units are developer owned. He noted that the probable completion date for the project was August' 15, 1978. Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Storm Sewer Improvement Project No. 1978 -19. No one spoke relating to the improvement project. -9- 6 -19 -78 Lotion by Councilmember Lhotka and seconded by Council- Close Public Hearing member Scott to close the public hearing on Storm Sewer Improvement Project No. 1978 -19, Voting in favor: Mayor 'Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. The Director of Public Works proceeded to review Grading, Grading, Base and Base and Surfacing Improvement Project No. 1978 -20 which Surfacing Improvement comprehends street construction on Irving Avenue south of Project No, 1978 -20 70th Avenue North to the proposed Irving Lane, along proposed Irving -Lane east of Logan Avenue North to Irving Avenue North. He reviewed a transparency showing the location of the project and stated that the estimated cost of the project is $18,000 and the estimated assessment rate is $25 per assessable foot. He explained that the number of units to be assessed is 725 assessable feet and that a petition representing 7456' had been received. He noted that the probable completion date for the project is September l 1978. Following a. brief discussion Mayor Nyquist opened the meeting Public Hearing to notified property owners regarding Grading, Base and Surfacing ' Improvement Project No. 1:978 --20. No one spoke relating to the improvement proje:.. Motion by Councilmer,ber Fignar and seconded by Council- Close Public Hearing member Kuefler to close the public hearing on Grading, Base and Surfacing Improvement Project No. 1978 -20. Voting in favor: Mayor Nyquist, Councilmember Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Director of Public Works proceeded to review Water Tfain Water Main Improvement Project No. 1978 -21 which comprehends Improvement Projoc. main con: truction along Aldrich Avenue North from 68th A-r-- ue No. 1978 -21 nsfrtherly approximately 330 feet. He reviewed - a transparen:.y showing the location of the project and stated that the estir_. "cd cost of the project is $9,700 and the estimated asses sinnnt r. .td is $1,418 per lot. He explained that the assessment per, .o!? is for 20 years, that the number of units to be assessed is eight residential lots, that the number of unit :3 signing a petition which represented 751 was six residential lots, that six resi6 -: lots were developer owned and that the equivalent of two loc.; according to the master plan for this area were owned by private parties. He noted that the probable completion date for the project - v , . az August 7 . 3 , 19 73a The Director of Public Works briefly reviewed and expl,'_neri the master plan for this area which comprehends an easterly extension of the proposed cul -de -sac on Aldrich Avenue North . He explained that on the east side of Aldrich A -, ,r aue North the master plan indicates that there would be two residential` lots' and that these have been included in th.: assessment. Following a brief discussion Mayor Nyquist opened the Public Hearing meeting to notified pi.aperty owners regarding Water Mc:.n T .,nprovement Project No. 1978-21. He recognized Mr, aul Rosso, representing Melba Evanson owner of the property t 711 - 69th Avenue North. Mr, Rosso objected to the improvement project and stated that the neighborhood had rejected the master plan referred to previously by the Director_ of Public Works He added that he did not feel the roadway was a public roadway but was rather being installed for private purposes and was in effect a public drivecvay 6 • -1.9- -78 -10-- servicing private property. He quoted Black's Law Dictionary defining of private roads and indicated that he felt the road- way in question met this definition. He `added that he did not feel the improvements proposed for this area would benefit Mrs. Evanson's property. A lengthy discussion ensued relative to Mr. Rosso's com- ments with Councilmember Kuefler commenting that he did' not see this development and these improvement projects in any other different manner than other developments in the City. He pointed out that the roadway in question will be a public roadway and will be maintained by the City. The Director of Public Works -commented that the final plat for this area has been approved by the City Council and has been transmitted to the County. In response to an inquiry by Mr. Rosso the Director of Public Works 'pointed out that on May 22, 1978 the City Council had passed a resolution establishing the various improvement projects associated with this area and that a public hearing date had been set at that time as well. He explained that Mrs. Evanson had been informed of the City Council procedure for public hearings and public input regarding these improvement projects. In response to a further inquiry by Mr. Rosso the Director of Public Works stated that bids have been received on the project but that the contract has not as yet been awarded. He added that if the Council were to order construction of the improvement project it would be com- pleted on approximately August 15, 1978. Further discussion ensued relative to the improvement project with the Director of Public Works stating that there has been no dedication of the Evanson property for the extension of Aldrich Avenue North, northerly of 68th Avenue. He pointed out that the developer wishing to develop the property to the west of the proposed roadway has dedicated the full amount of property needed for that roadway. He explained that there is a smaller than normal cul -de -sac at the end of Aldrich Avenue North because the master plan for that area contem- plates an extension of that roadway easterly of the cul -de- sac. Mr. Rosso requested the City Council to hold off ordering construction of the improvement project associated with the extension of 'Aldrich Avenue North, northerly of 68th Avenue to give him an opportunity to submit legal arguments to the City Attorney for his review. He added that he feels his arguments should be reviewed because of his contention that the roadway in question is not indeed a public roadway and that the public has not been informed regarding the City's- liability on variances, State standards and other such items The City Attorney stated that the City Council, if it so desires, can close the public hearing on this improvement project and leave the record left open for Mr. Rosso to submit his arguments so that they. can be reviewed by the City Attorney. Close Public Hearing Motion by Councilmember Fignar and seconded by Council-' member Kuefler to close the public hearing on Water Main Improvement Project No. 1978 -21 and to leave the record open for the submission of arguments by Mr. Rosso to be reviewed by the City Attorney. Following the motion and the second .thereof a brief discussion ensued with Councilmember Fignar inquiring if it would be feasible for the Council to delay further consideration of these improvement projects until the next City Council meeting. The Director of Public -11- 6-19-78 Worms responded that there is a tight construction schedule for other improvement projects that are contemplated to be constructed under the same contract. He pointed out that there would not be a problem if the Aldrich Avenue improvement projects were not ordered but to delay the decision might create some problems with the awarding of the contracts. Following the discussion a vote was taken on the motion to close the public hearing on Water Main Improvement Project No. 1978-21. Voting in favor: Mayor Nyquist, ,Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Director of Public Works proceeded to review Sanitary Sanitary Sewer Sewer Improvement Project No. 1978 -22 which comprehends Improvement Project sanitary sewer construction on Aldrich .avenue North from. No. 1978 -22 68th Avenue northerly approximately 330 feet. He reviewed` a transparency showing the location of the project and stated that the estimated cost of the project is $7,500 and the estimated assessment rate is $1,071 per lot. He explained that the number of units to be assesssed was seven and that the number of units signing a, petition in favor•of the project was six which represented 86 in favor of the improvement projects. He noted that six units were developer owned and that one unit was owned by a private party. He noted that the probable 'completion date for the project was August 15, Following a brief discussion Mayor Nyquist opened the Public Hearing meeting to notified property owners regarding Sanitary Sewer Improvement Project No. 1978 -22. No one spoke relating to the improvement project. A brief discussion ensued relative to the project with Councilmember Lhotka inquiring if the neighbors in that area had rejected_ the master plan referred to previously by the Director of Public ° Works,. The Director of Public Works responded that sometime ago a meting was held with property owners that area and a master plan was discussed and reviewedi with those property owners. He explained that there was agreement at that time regarding a master plan for future development cf this area with some uncertainty regarding a possible extension of 5th Strec� North and a cul -de -sac but that the roadway referred to which would come from the Adlrich Avenue cul -de -sac wus agreed to. He noted that many of the property ownk-r , in that area were not ready to move ahead at that time to develop the property but that there was general agreein:._L regarding the master plan for future roadways and impr: ; ments. Councilmember Kuefler commented that this i., .,nr unlike the situation in the Irving Estate subdivision i!i which a master plan was approved and develop,nent did not take place for a few years later. Motion by Councilmember Kuefler and seconded by Cotwcil.- Close Public Hcartaq member Lhotka to close the public hearing on Sanitary Sewer Improvement Project No. 1978 - and to leave the record open for the submission of arguments by Mr. Rosso to be reviewed by the City Attorney. Votin in favor: Mayor Nyquist, Councilmembers Kuefler, Pi,, -nar,' Lhotka," and Scott. Voting against: none. The motio_r passed unanimously. The Director of Public Works proceeded to review Storrs Storrs Sewer Sewer Improvement Project No. 1978 -23 which comprehends Improvement Project storm sewer constrmtion on Aldrich Avenue North from 68th No. 1978 -23 Avenue northerly approximately 160 feet. He reviewed a transparency showing the location of the project and stated that the estimated cost of the project is $5 ,150 and the 6 -19 -78 -12- f estimated assessment rate is $2.85 per 100 square feet. He noted that the assessment period is 20 years and that the number of units to be assessed is 181,255 square feet that the number of units signing the petition in favor represented 58,071 square feet or 32 %. He noted that the probable completion date of the project was August 15, 1978. Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Storm Sewer Improvement Project No. 1978 -23. He recognized Mr. Paul Rosso representing Melba Evanson, 711 - 69th Avenue North. Mr. Rosso objected to the storm sewer improvement project stating that there was no water problem in the area and that the roadway comprehended for this area would not benefit Mrs. Evanson's property. He commented on the fact that Mrs. Evanson had participated in the paying of storm sewers along 65th and 69th Avenue and that he did not feel 'it was appropriate for her to participate in the assessment for this storm sewer improvement project. The Director of Public Works briefly commented on the assessment method and the assessment rates for storm sewer improvement projects and the rationale that benefiting properties must participate in the assessment. He pointed out that this evening's hearing was not a hearing on the assessment method but rather one regarding the ordering of construction of the improvement project and that the assessment hearings for all improvement projects would be held during the fall of the year. Close Public Hearing Following further discussion there was a motion by Council - member Scott and seconded by Councilmember Fignar to close the public hearing on Storm Sewer Improvement Project No. 1978 -23 and to leave the record open for the submission of arguments by Mr. Rosso to be 'reviewed by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka,' and Scott. Voting.against: none. The motion passed unanimously, Grading, Base and The Director of Public Works proceeded to review Grading, Surfacing Improvement Base and Surfacing Improvement Project No. 1978- 24,which Project No. 1978 -24 comprehends street construction along Aldrich Avenue North from 68th Avenue northerly approximately 340 feet to a cul- de -sac . He stated that the estimated cost of the project 3s $13,000 and the estimated assessment rate is $17.60 per assessable foot. He explained that the number of units to be assessed is 738 assessable feet that the number of units signing the petition was 478 assessable feet repre- senting 65% and that the probable completion date is September 1, 1978. Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Grading, Base and Surfacing Improvement Project No. 1978 -24. He again recognized Mr. Paul Rosso, representing Melba Evanson owner of the property at 711 - 69th Avenue North. Mr. Rosso again raised objection to the improvement project stating the concerns he had previously indicated and stated that he would be sending a letter to the City Attorney outlining his concerns and arguments. . He inquired if it would be possible g q for the City Attorney to seek. an Attorney General's opinion regarding this matter. Mayor Nyquist responded that the City Attorney could consider seeking such an opinion if he felt it was necessary. Close Public Hearing Motion by Councilmember Fignar and seconded by Council member Kuefler to close the public hearing on Grading, Base and Surfacing Improvement Project No. 1978 -24 and to leave the record open for the submission of arguments by Mr. Rosso t -13- 6 -19 -78 to be reviewed by the City Attorney. Voting in favor: Mayor Nygiist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against none. The motion passed unanimously. The Director of Public Works proceeded to review. Sanitary Sanitary Sewer Sewer Improvement Project No. 1978 -25 which comprehends Improvement Project sanitary sewer construction on the proposed James Circle No. 1978 -25 from Freeway Boulevard southerly approximately 545 feet, He reviewed a transparency showing the location of the project and stated that the estimated cost of the project is $13,000 and the estimated assessment rate is $1,222 per: acre. He explained'dat the number of units to be assessed was 10.64 acres that the units were all developer owned and that a petition representing 100% of the affected property - owners has been received. '. He noted that the probable completion date for the project was August 15, 1978.- The City Manager suggested that the Council consider holding public hearings after all of the various improve ment projects related to the James Circle area be explained by the Director of Public Works. The City Council concurred with the City' Manager's recommendation, The Director of Public Works proceeded to review Storm Storm Sewer Sewer Improvement Project No. 1978 -26 which comprehends Improvement Project storm-sewer construction on the south side of Freeway No. 1978 -26 Boulevard from the proposed James Circle easterly approximately 200 feet to an existing inlet on Freeway Boulevard. He reviewed a transparency showing the location of the project and stated that the estimated cost of the project is $6,800 and the estimated assessment rate is $639 per acre. He explained that the number of units to be assessed is .10."4 acres and that all of the units are developer owned and o. petition representing 100% had been received. He noted the probable completion date of the project was August 25, 1973. The Director of Public Works proceeded to review Gradin-;, Grading, Base cad Base and Surfacing Improvement Project No. 1978 -27 which Surfacing Improvement comprehends s�reet construction on the proposed James Project No. 19 -27 Circle from Freeway Boulevard southerly approximately 570 feet to a cul-de-sac. He reviewed a transparency showing the location of the project and stated L`hc estimated cost of the project is $30,000 and the estimated assessment rate is $137 per acre. He explained that the number of units to be assessed is 219.5 acres of which 122.94 acres is developer owned and that a petition representing -61% in favor has beea received. He noted that the probabl: completion date of the project would be approximataly September 1, 1078. As a point of information, the Director of Public Works pointed out that 219.5 acres is being considered for assessment purposes rather than a potential 240 acres because some of the property is located in low laid areas and may not be developable. He further explained that this property might well revert to the City at a future &-te and that it is not advisable that assessments be p ut on that property. The City Manager pointed out that at the present time this is only a proposal and that this is - iatter will be clarified prior to the fall assessment hearings on all improvement projects. The Director of Public Works proceeded to review Curb' Curb and Gutter and Gutter Improvement Project No. 1978 -28 which Improvement Project comprehends curb and gutter construction on the proposed No, 1978 -28 -14- James Circle for Freeway Boulevard southerly approximately 570 feet to the cul -de -sac. He reviewed a transparency showing the location of the project and stated that the estimated cost of the project is $9,300 and the estimated assessment rate is $42 per acre. He explained that the number of units to be assessed is 219.5 of which 122.94 acres is developer owned and that a petition representing 61% in favor has been received. He noted that the probable completion date for the project is September 1 , 1978. The Director of Public Works commented that the staff has been looking at a stop gap measure, so to speak, for non - payment of taxes and special assessments in the industrial park. He pointed out that a formal proposal will be made to the City Council at the fall assessment hearings but that the proposal will in all likelihood consider a shorter assess- ment, period for parcels where there is delinquent or nonpay - ment for special assessments. Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Sanitary Sewer Improvement Project No. 1978 -25. No one spoke relating' to the improvement project. Close Public Hearing Motion by Councilmember Scott and seconded by Council- member Fignar to close the public hearing on Sanitary Sewer Improvement Project No. 1978 -25 Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Storm Sewer Improvement Project No. 1978 -26.. No spoke relating to the improvement project. Close Public Hearing Motion by Councilmember Fignar and seconded by Council - member Kuefler to close the public hearing on Storm Sewer Improvement Project No. 1978 -26. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, 'Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. Public Hearing Mayor Nyquist opened the meeting to notified property owners regarding Grading, Base and Surfacing Improvement Project ° No. 1978 -27. No one spoke relating to the improvement project. Close Public Hearing Motion by Councilmember Fignar and seconded by Council - member Lhotka to close the public hearing on Grading, Base and Surfacing Improvement Project* No. 1978 -27. Voting.in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against none. The motion passed unanimously. Public Hearing Mayor Nyquist opened the meeting to notified property owners regarding'Curb and Gutter Improvement Project No. 1978 -28. " No one spoke relating to the improvement project. Close Public Hearing Motion by Councilmember Lhotka and seconded by Council- member Scott to close the public hearing on Curb and Gutter Improvement Project No. 1978 -28, Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka,' and Scott. Voting against: none. The motion passed unani- mously. -15- 6 -19 -78 - Member Tony Kuefler introduced the following resolution RESOLUTIO- , and moved its adoption: NO. 78 -121 RESOLUTION ORDERING CONSTRUCTION FOR WATER MAIN IMPROVEMENT PROJECT NO. 1978 -17 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following :voted against the same:' one, whereupon said resolution was declared duly passed and adopted. Member "Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO... 78 -122 RESOLUTION ORDERING CONSTRUCTION FOR SANITARY SEWER IMPROVEMENT PROJECT NO. 1978 -18 The motion for the adoption of the foregoing resolution w:%s duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thoreci: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia 'Scott; and the following voted against the samo: none, whereupon said resolution was declared duly pa ° -":!:2 and adopted, Member Bill Fignar introduced the following resolut_ic:i RESOLUTION and moved its E dopticn NO. 78 °123 RESOLUTION ORDERING CONSTRUCTION FOR STO1 4 SEWER`IMPROV_I?MENT PROJECT NO. 1978-19 r The motion for the adoption of the foregoing resolute was duly seconded by member Tony Kuefler, and upon v being taken thereon, .the following voted in favor theroc :: Dean Nyquist, 'Tony Kuefler, Bill Fignar Gene Lhotl i _ and Celia Scott; and the following voted against the G .: none, whereupon said resolution was d -- clared duly and adopted, Member Tony Kuefler introduced the following resole* -cw d RESOLUTION moved its adopt - 10-1: NO. 78 -124 RESOLUTION OFOERING CONST ZUCTION FOR GRADING, AND SURFACING PROJECT NO. 1 ' 973 -19 The motion for the adoption of the foregoing resolution w. duly seconded by member Celia Scott, and upon vot,, b •i. j taken thereon, the following voted in favor thereof: 1D.: ' Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and CoU Scott; and the following voted against the same: none.. whereupon said resolution was declared duly passod ind adopted. A brief discussion ensued relative to the resolution; ro - o .i­ Resolutions Ordering mended for the purpose of ordering construction of 1. Construction of Aldrich improvement projects on Aldrich Avenue North, northerly ob Avenue Improvement 68th Avenue to the cul -de-sac. A question was raisod Projects regarding the effect holding off ordering construction of these improvement projects would have on the various contracts. The Director of Public Works stated that he would review the matter during the Council recess itiad report back as to that effect. 6 -19 -73 16 Action Tabling Motion by Councilmember Kuefler and seconded by Council - Consideration of Aldrich member Scott to table further consideration of resolutions Avenue Improvement ordering the construction of various improvement projects Projects along Aldrich Avenue north of 68th•Avenue to the proposed cul -de -sac. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION Member Gene Lhotka introduced the following resolution and NO. 78 -125 moved its adoption RESOLUTION ORDERING CONSTRUCTION FOR SANITARY SEWER IMPROVEMENT PROJECT NO.- 1978 -25 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler; Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution and NO. `78 -126 moved its adoption: RESOLUTION ORDERING CONSTRUCTION FOR STORM SEWER IMPROVEMENT PROJECT NO. 1978 -26 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar,, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Gene Lhotka introduced the following resolution and NO. 78 -127 moved its adoption: RESOLUTION ORDERING CONSTRUCTION FOR GRADING, BASE AND SURFACING PROJECT NO, 1978 -27 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 78 -128 moved its adoption RESOLUTION ORDERING CONSTRUCTION FOR CURB AND GUTTER IMPROVEMENT PROJECT NO. 1978 -28 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: - Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Recess The Brooklyn Center City Council recessed at 9:34 p.m. and resumed at 9:50 p.m. -17- 6 -19 -78 The City Manager introduced the next item of business. on Planning Commission the agenda, that of Planning Commission Application No. Application No. 7 O30 70330 submitted by Ansart Abrasives. (Ansafi Abrasives) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No, 78030 and the Planning Commission action at its June 15, 1978. meeting. He explained that the applicant was seeking a preliminary registered land survey for the property at 48th Avenue North and Dusharme Drive. He explained that the City Council on October 3, 1977 had approved Application No. 77054 consisting of site and building plans for a new construction on the site. He added that one of the conditions of that approval was that, prior to occupancy of the building, the two parcels comprising the property would be combined through plat or registered land survey . He reviewed a transparency showing the location and configuration of the property and explained the history of the subdivision in the area and stated that the applicant had submitted a preliminary registered land survey to meet with the previou : ° requirement,` Mayor Nyquist opened the meeting for purposes of a public Public Hearing hearing on Planning Commission Application No. 780:30. He recognized the applicant, Mr. Ansari, who stated that he had nothing further to add to the application. Motion by Couzrcilmember Kuefler and seconded by Council- Close Public Hear n( member Lhotka to close the public hearing on Plannnnc, Commission Application No. 78030. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scoc:. Voting against: none. The motion passed unanimou ^'.y. Following a brief discussion there was a motion by Council - Action Approving member Scott` and seconded by Councilmember Fiy. iu Planning Commis-i.0.1 approve Planning Commission Application No, 78030 Application No. 7303 by Ansari Abrasives subject to the following conditicz (Ansari Abrasive) I. Final registered Iand survey is subject to by the City Engineer. 2. Final registered land survey is subject to th^ requ?r � meats of Chapter 15 of the City Ordinanc:;:. , Voting in favor: Mayor Nyquist, Councilmembers Ku Fignar, Lhotka, and Scott. Voting against: ncn -,. motion gassed tnanir:iou,ly, The City Manager introduced the next item of busine.3s, than of Planning Commission Planning Commission Application No. 78031 submitted'by ";tobert Application No. 78031 Gustafson, 5242 France Avenue North, (Robert Gustafson) The Director of Planning and Inspection proceeded with a review, of Planning Commission Application No. 78031 and the Plann Commission action at its June 15, 1978 meeting. He.stateu �llat the applicant' is seeking a preliminary registered land survey for the property at 5242 France Avenue North which would combine i� -•� existing parcels and create a new single family residential l»r :,a lacing Ewing Avenue North. He explained that the applicant owns a lot which extends from France Avenue through to Ewitpi Avenue on the east, as well as a.lot on France Avenue to the south of and adjacent to the parcel. He reviewed a transparency showing the location and confiquration of the property in question and various slides depicting the area. A brief discussion ensued relative to the possibility of dedicating an additional three feet for walkway purposes. The Director c.: Planning and Inspection noted that an easement could be filed with the plat for this purpose. 6 -19 -78 -18- i Public Hearing Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Commission Application No. 78031. He recognized Mr, Robert Gustafson, the applicant, who stated that he had nothing further to add to the application, Close Public Hearing Motion by Councilmember Lhotka and seconded by Council - member Scott to close the public hearing on Planning Com- mission Application No. 78031. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. Action Approving Motion by Councilmember Kuefler and seconded by Council - Planning Commission member Lhotka to approve Planning Commission Application Application No. 78031 No. 78031 submitted by Robert Gustafson subject to the (Robert Gustafson) following conditions: 1. Final registered land survey is subject to review by the City Engineer, 2. The final registered land survey is subject to the t requirements of Chapter 15 of the City Ordinances. 3. An easement shall be provided for walkway purposes as approved by the City Engineer. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against; none. The motion passed unanimously, Final Plat Approval The City Manager stated that Mr. Ansari wished concurrence (Ansari Abrasives) on the final plat for the property reviewed previously by the City Council. He explained that the Director of Public Works has reviewed the plat and recommends final action. Motion by Councilmember Scott and 'seconded by Council - member Lhotka to approve the final registered land survey comprehended by Planning Commission Application No. 78030 submitted by Ansari Abrasives Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously.. Planning Commission The City Manager introduced the next item of business, Application No. 78033 that of Planning Commission Application No. 78033 submitted (Wayne Anderson) by Mr, Wayne Anderson, 2024 Ericon Drive. The Director of Planning and Inspection proceeded with a review of Planning, Commission Application No. 78033 and the Planning Commission action at its June 15,1978 meeting. He stated that the applicant is seeking special use per - mission for a home occupation consisting of a photographic and printing related business. He briefly` described the proposed use and explained that the Building Official has inspected the premises and has reported that the use can be accommodated within code requirements. He next reviewed a transparency showing the location and configuration of the property in question and various slides depicting the a ar a A brief discussion ensued relative to the application e n ion responding n d Ins ect with the Director of Planning a p p g to an inquiry by Councilmember Fignar by stating that to his knowledge the applicant has not considered widening the driveway on the premises. Public Hearing Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Commission Application No. 78033. He recognized Mr. Wayne Anderson, the applicant, and a -19- 6 -19 -78 brief discussion ensued relative to the application. In response to a Council inquiry Mr. Anderson stated that there are no other partners besides his brother in this home occupation. He added that pick up and delivery would be done by himself and that he anticipates the use will not generate traffic in the area. The applicant commented that there is not a great amount of noise associated with his proposal and that he does not anticipate this being :a problem. He noted that this is not a full time occupation but rather a sideline for himself. Motion by Councilmember Fignar and seconded by 6ouncil Close Public Hearing member Lhotka to close the public hearing on Planning Commission Application No. 78033. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. `The motion passed unanimously. Following' further discussion there was a motion by Council- Action Approving member Fignar and seconded by Councilmember Scott to Planning Commission approve Planning Commission Application No. 78033 Application No. 78033 submitted by Wayne Anderson subject- to the following (Wayne Anderson) conditions _ 1 . The permit is issued to the applicant as operator of the proposed use and is nontransferable. 2. The permit is subject to all applicable code., ordinances and regulations and any violation thereof, shall be grounds for revocation. .3. Hours of operation shall not extend beyond 10:30 p.i1. 4. Appropriate fire protection measures such as in;tallAtion of proper fire extinguishers shall be made as approved by the City Building _ and Fire Dep�r :nen -%:;. Voting in favor: Mayor Nyquist, Councilmembers Kuafler, Fignar, Lhotka, and Scott. Voting against: non; The motion passe unanimously. The City Manager introduced the next item of business Planning Commission on the agenda, that of Planning Commission Application Application No. 78034 No. 78034 submitted by the Northwest YMCA, (Northwest YMCA) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78034 and the Planning Commission action at its_ June 15, 1978 meeting. He stated that the applicant was seeking a special urn permit for a day' care facility in the Orchard Lane Elementary School at 6201 Noble Avenue North. He explained that such activities are special uses in the R -1 zoning district and are subject to licensing by the State of Minnesota. He reviewed a transparency showing the location and configuration of the property in question and a brief discussion ensued relative to the application. The Director of Planning and Inspection stated that the applicant is presently operating the facility under a conditional approval by the State, subject to approval by the City. He explained that from a zoning standpoint there are no problems or reasons as to why the use should not be permitted. In response to an inquiry by Mayor hJyquist, the Director of Planning and Inspection stated that this operation is strictly a summertime operation, and is conducted by the Northwest YMCA. He pointed ou that various field trips or hikes are to be taken in the nearby 6 -19 -7$ Kylawn Park and that coordination of these activities has beer, arranged through the Brooklyn Center Park and Recreation Department. Councilmember Lhotka stated that he could not understand how the State could give temporary approval of such an activity prior to approval by the City Council. The City Attorney pointed out that such conditional approval is not illegal, as long as the City controls the zoning aspects' of thle use and the applicant abides by conditions set forth by the City. He indicated that such action might be some- what misleading to the applicant but that the applicant would need City approval for continued use. Public Hearing Mayor Nyquist opened the meeting for purposes of a public hearing on Planning' Commission Application No. 78034. He recognized Mr, Jerome Roban, 6200 Noble Avenue North who commented on the present operation. He stated that he had no objections to the use but pointed out that after 3 :30 p.m. each day the youth go to Kylawn Park. He noted that he and some of his neighbors have been contacted by the group and asked if their phones could be used for communications purposes. He stated that he felt there was a need for corn munication, especially when the group was in the park and not at the school building where communications were acces- sible. He noted that the group is usually in the park each day until 6:30 p.m. The Director of Planning and Inspection responded that he was not aware of this arrangement and that it was his understanding that there would be only occasional field trips and use of Kylawn Park and that it would not be a daily occurrence. He noted that the applicant is not present to respond to these inquiries and he suggested that the Council defer further consideration of this application so that this matter can be clarified. A brief discussion ensued relative to the City's liability if it were considered to be sponsoring a joint program and use of the park with the Northwest YMCA. Councilmember Fignar suggested that the City Attorney review this matter as well for further clarification., Close Public Hearing Motion by Councilmember Scott and seconded by Council- member Lhotka to close the public hearing on Planning Commission Application No. 78034. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. z Voting. against: ,none. The motion passed unanimously. Action Tabling Further Following a brief discussion there was a motion by Council - Consideration of Planning member Scott and seconded by Councilmember Lhotka to Commission Application table further consideration of Planning Commission Appli- No. 78034 (Northwest cation No. 78034 submitted by the Northwest YMCA because YMCA) the applicant was not present and the City Manager was requested to contact the State to inform them that approval has not yet been granted and to explain that the matter is being looked into further because of a need for further, clarification and that the City Attorney report on the City's liability if the reported arrangement and use of Kylawn Park on ' a daily basis would constitute legal liability.. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against : - none. The motion passed unanimously. Director of Public Works' The Director of Public Works reported that he and the City Report on Aldrich Avenue Attorney have reviewed proposed contracts regarding improve- Improvement Projects ment projects for which public hearings were held this evening by the City Council. The City Attorney commented -21- 6 -19 -78 that the important aspect of the contracts is the total amount. r He explained'that the City could drop the four improvement projects associated with Aldrich Avenue and that there .probably would be little effect on the contract. He pointed out that the problem would come about if the City decided at a later date to add these improvement projects to the contract. He further explained that the contract permits the City to add approximately 25% to the amount of' the contract and that with the deletion of the four subject projects and the later addition of these projects to the contract the amount of the � II I addition would be 32 %G and in excess of the limit. He noted that this action might be sufficient for the contractor to dissolve the contract. The City Attorney added that Mr. Rosso's objection to the improvement projects were primarily based on the assessment rates. He pointed out that the special assess- ment hearings held each fall by the City Council would be a more appropriate time to address these concerns. He recommended that the City Council go ahead and order construction of the projects and deal with Mr. Rosso's arguments at the time of the assessment hearings. Motion by Councilmember Kuefler and seconded by Council- Action to Reconsider member Scott to reconsider the tabling of four resolutions Tabling Action ordering construction of various improvement projects associated with the extension of Aldrich Avenue' northerly of .68th Avenue. doting in favor: Mayor Nyquist, Council members Kuefler, Fignar, Lhotka, and Scott-. Voting against: none. The motion passed unanimously. Member Bill Fignar introduced the following resoluL ticn _•nd RESOLUTION moved its adoption: NO. 78 -129 RESOLUTION ORDERING CONSTRUCTION FOR WATER 1 1 IN IMPROVEMENT PROJECT NO. 1973 -31 The motion for the adoption of the foregoing resolution w .s duly seconded by men ber Gene Lhotka, and upon vote b oiiiij taken thereon, the following voted in favor thereof: D:;:' i Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Scott; and fhe following voted against the same: ncn,; whereupon said resolution was declared duly passed'. :1,1 adopted. Member Gene` Lhotka introduced the following resolutioii -x:3 RESOLUTION moved its adoption: NO. 78 -130 RESOLUTION ORDERING CONSTRUCTION FOR SANITARY SEWIA; IMPROVEMENT PROJECT NO. 1978 -22 The motion for the adoption of the foregoing resolution -,rss duly seconded by member Celia Scott, and upon vote b , 3ing taken thereon, the following voted in favor thereof: Dean Nyquist,, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia, Scott; and the following voted against the same: none whereupon said resolution was declared passed and adopter?. Member Bill Fignar introduced the following resolution _.nd RESOLUTION moved its adoption: NO. 78 -131' RESOLUTION ORDERING CONSTRUCTION FOR STORM SEWER IMPROVEMENT PROJECT NO. 1978 -23 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote ba'in•j taken thereon, the following voted in favor thereof: Doan 6 -19 -78 mG2� Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, cared duly was. de l .whereupon said resolution Y assed and P adopted. RESOLUTION Member Gene Lhotka introduced the following resolution and NO. 78 -132 moved its adoption: RESOLUTION ORDERING CONSTRUCTION FOR GRADING, BASE AND SURFACING PROJECT NO. 1978 -24 ; The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: ` Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 78 -133 moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (UTILITY CONTRACT 1978-D) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, B' n ne Lhotka,* and 'Celia Ton Kuefler, it Fi ar Ge Y l Fignar, , Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Celia Scott introduced the following resolution and NO 78 -134 moved its adoption: RESOLUTION REJECTING CONSTRUCTION CONTRACT. BIDS (STREET CONTRACT 1978 -E) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 78- 135 moved its adoption: RESOLUTION DIRECTING READVERTISEMENT FOR BIDS (CONTRACT 1978 -E) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the followin g voted ` against the same: none t d z , g whereupon said resolution was declared duly passed and adopted Status Report on The City Manager introduced the next item of business by Brookdale Ten stating that at the May 22, 1978 meeting a number of persons Apartment Complex living on Drew Avenue adjacent to the Brookdale Ten c }` -23- 6 -19 -78 f apartment complex had addressed the City Council at the F Open Forum regarding many of the maintenance problems at that apartment complex. He explained that at that time he indicated that he would have a status report regarding the apartment complex by this evening's meeting. The City Manager reported that as he had indicated at the May 22, 1978 meeting the owner of the apartment complex ',has made'some progress regarding many of the internal problems but that he had yet to address any of the problems associated with the outside of the apartment complex. He stated that at this time with the exception of some lawn mowing none of the outside items listed on a letter to the owner have been addressed. He noted that he has contacted Mr. Stanley Adler, who has acted as a group spokesman for the neighboring property owners and as the Council had directed he had provided Mr. Adler with a list of maintenance items and a timetable for completsng these items that had been 'given to the owner of the Brookdale Ten apartment complex The City Manager further reported that an extension of the Brookdale Ten rental dwelling license will expire at the end of August this year and that any recommendation he might have regarding the extension of that license will be based on the performance shown by the owner of that apartment complex in meeting all of the maintenance items contained on the li t. A brief' discussion ensued relative to the City Manager's report with Councilmember Kuefler inquiring if there would be any merit in attempting to arrange a meeting between the owner of the apartment complex, who had indicated ' earlier this evening that he would be willing to meet with neighboring property onners, and the neighbors in that area. The City - Manager responded that he felt such a meeting would be worthwhile and should be pursued. Coincilmember Kuefler inquired if the City Manager felt the list of items and complaints stated by Mr. Rosman during the Open Forum portion of this 4vening's Ci.y Council meeting dealing primarily with problems c used by the neighboring property owners and their children were legitimate concerns. - The City Manager responded that one of the problems that Mr. Rozman has had is that people that he has had to evict have indeed caused much damage to the apartment complex. He added that he wds sure there is some problems with some of the children living in the area but that he felt the maintenance of tra apartment complex has bred a number of the problems that are currently there. He further stated that it will ` take some time to turn the apartment complex around in terms of udequai:e maintenance. The Director of Planning and Inspection responded that it has been suggested to the owner of the apartment complex that they consider redoing the main doors to each of the apartment buildings to provide a security system which would keep unauthorized persons and potential vandals from ` the apartment buildings. He pointed out that he felt it was imperative for any apartment complex to have good, thorough 'on -site' management. He pointed out that in well managed and well maintained apartment complexes that are comparable in size to the Brookdale Ten apartment complex there is more than one full time management person to handle the mainte- nance of the complex and to run the day -to -day operation, 6- 1'9 -78 - -24- In response to an inquiry by Mayor Nyquist,` the Director of Planning and Inspection stated that it was his understanding that Mr. Rozman owned some other apartment complex as well as the one in question and that a crew periodically works at -the Brookdale Ten apartment complex as well as the other complexes. He added that he felt full time management for the maintenance and day -to -day operation of the complex was needed to turn it around, The City Manager commented that Mr. Rozman has been able to get the inside maintenance deficiencies taken care of and in a relatively decent shape and that now the outside mainte- nance problems must be addressed. He recommended that the City Council take a wait and see attitude`' regarding these outside maintenance problems and again noted that the extension of the rental dwelling license will expire at the end of August, 1978. Municipal Development The City Manager stated that he has furnished the City Incentive Systems Council with a report regarding Municipal Development Incen- tive Systems and that the report goes in some detail to explain major areas in which a municipality by establishing certain policies can foster or retard, encourage or restrict land development. He explained that three major areas covered in the report include improved assessment policies, industrial development bonds, and tax increment financing. He pointed out that it should be understood that these systems are not exclusive and can be used in combination to produce a given General policy regarding development. He recommended that prior to changing or modifying any of the City's current policies with respect to these general areas the Council should review them and their impact as a package and not individually. Regarding the City's improvement assessment policy, the City Manager stated that basically the policy is sound and that he feels perhaps only minor modifications need to be considered. He suggested that the Council at a future date discuss its improvement assessment policy with the idea that the Council have more flexibility to possibly require up front or downpayment money if imparticular they believe there is a potential credit problem He added that the Council might also want to consider the feasibility of not extending financing or assessments over a term of years to property owners with delinquent taxes. The City Manager reported that industrial development bonds can be used for development other than industrial purposes and that the technique would allow the City to sell bonds with a tax exempt status on behalf of an individual or a corporation. He explained that the City has no financial obligation in these bonds and, in other words, if they default the City has no obligation whatsoever to pay them off. He stated that by selling these bonds the City allows a company to get financing at an interest rate far below the commercial going rate and that it has been used in _a number of communities in the metropolitan area and has been ' successful in fostering quality development The City ' Manager stated that tax increment financing is a technique which involves the creation of a development or redevelop - ment district under State law and allows the City, within this area after public hearings and studies to set up a project which may entail any type of development. He pointed out -25- 6 -19 -78 ' that it is a very complex system and the advantage of this system is basically that it allows for taxes from a piece of aproperty newly developed to go toward financing that develop- ment over a certain number of years rather than for it to go to the property taxing districts it normally would. He stated that the principal behind this type of system, and its basic justification, is that if this sort of break is not given, the type of development needed on a particular site which is desired by the community ,might never occur. He stated that the community can benefit from the use of this , system` by fostering a kind of development that will eventually, after the increment bonds are paid off, result in a higher revenues from the property than what could have been expected originally. The City Manager suggested that the City Council stuOy the report in some detail in an attempt to become familiar with these municipal development incentive systems He stated that in - all cases the Council if it chose to use these systems should be consistent in its application and use of these systems. He pointed out that the City should make sure that the community gets something substantial for the use of these systems. He further stated that he felt it would be useful at this time to discuss further the possibility of using these systems and that he would recommend that the Council regttest him to present a proposed policy which will detail any changes in the Council's present improver, c, assessment policy and also set guidelines for the use of.t -c increment and industrial development bond financing for the future. - He stated that these should not be "give away programs" and that these tools should be used cautiously with the ides ' of giving the City more flexibility so that the communir1 ^^ will get something -good in return. A brief discussion ensued relative to the City Malaagcr'.: retort with Councilmember Kuefler commenting than th,;r^ was much talk about these development incentive ay :. i ; at the recent League of Minnesota Cities Convention. s� expressed the opinion that the present undeveloped l,n :.n Brooklyn Center in many cases is premium land and that -ac City itself should not have to pay to have it developed. rlo pointed out that where he sees the use of these systc*.:i- being viable would be in the area of redevelopment suc.i along Brooklyn Boulevard or in other areas of the City o L , reiterated that he does not at this time feel the systems snoW.' be used for developing property as much as they could be used for redevelopment and that he would favor looking furthor into establishing policies for their use by the City. at a future date. Councilmember` Fignar concurred with Councilmerr-ber Ku.eticr and stated that he too favored further investigation of the use of these municipal development incentive sys ci1.J. .It was the consensus of the City Council that the Ci.':y Manager be directed to present a proposed policy which will detail any written changes in the Council's prec:mt improvement assessment policy and set guidelines for tha use of tax increment and industrial development bon, financing. The City Manager reported that he is seeking some feed- City Council back and input from the City Council regarding the present Minutes .quantity and quality of City Council minutes. He stated that at present a considerable amount of time is spent ;n developing the City Council minutes and that they ara 6 -19 -78 6 presently quite lengthy and much detail is included. He pointed out that it has been suggested that it might be possible to either reduce the volume of City Council minutes by' just providing information on motions and formal votes of the Council or possibly looking into a taping system which could be utilized. He reported that the Council should be aware that if there is less detail in the City Council minutes they would become of less historical value than they are now. A brief discussion ensued relative to the City Manager's com- ments with Mayor Nyquist stating that he felt some of the discussion and narrative contained in the present City Council minutes is of importance. Councilmember Kuefler commented that members of the Council could specifically request that narrative or more detail be included in the minutes whey they feel it is necessary. Councilmember Scott stated that she felt there was value in having the detail contained in the present City Council minutes. Councilmember Lhotka stated that he liked the detail contained in the present minutes. The City Y Attorne stated that the p Y resent City Council and n r he best minutes Planning Commission minutes are es that he t s t g r H pointed has seen anywhere in the area. e po ed out that if it is decided to reduce the minutes he would hope that the quantity and quality of information relating to such things as Planning Commission items, liquor related matters, and revocation of licenses is not reduced. He pointed to the recent L. W. Joel case involving the City and the' that he felt the decision was based'on the amount of detail contained in both the Planning Commission and City Council minutes. He stated that many people in his profession are surprised at the detail that is contained in the City of Brooklyn -Center minutes. Following the discussion the City Manager stated that it is his intention to look further into the matter of City Council minutes keeping in mind the comments made. Draft Contract for The City Manager reported that he has developed a draft Services with CEAP agreement between the City of Brooklyn Center and Commu- nity Emergency Assistance Programs, Inc, (CEAP) for the Council's review, He stated that the agreement has not as yet been reviewed by the City Attorney and that he is seeking input from the Council regarding their thoughts on the matter.. He pointed out that he had recently reported to the City Council about the possibility of entering into an agreement with CEAP for a service contract which would in effect provide a certain amount of money to CEAP for services to citizens of this community. A brief discussion ensued relative to the draft contract with the City Manager explaining that CEAP would provide some interim services until other agencies specifically establishers can provide these services. He added that they can also serve as ' a go between in dealing with other agencies and that they know where to go and who to contact and for this reason can be a valuable referral service for the community. Discussion ensued relative to CEAP providing services for other communities outside of Brooklyn Center, Councilmember Kuefler commented that if the City of Brooklyn Park becomes involved in a similar relationship with CEAP they too should become part of the agreement. He explained that at the time 1° ..27- 6-19-78 the old City Hall was renovated for use by CEAP that both. Brooklyn Center and Brooklyn Park had participated. r He explained that at that time the boundaries, so to speak, for LEAP shrunk basically to include the two communities. He noted that there were a few exceptions and that a few churches and other 'organizations outside of Brooklyn Center and Brooklyn Park were ran a h r d df t Y ee Y 9' into the boundary lines because many of the people associated with those churches and organizations were also members of the two communities. Councilmember Scott commented that she felt the draft agreement was between the City of Brooklyn Center and CEAP and that it represented a contract in which CEP would be willinr, to provide services to Brooklyn Center in return for a fern She stated that she did not feel the City should attempt to indicate that LEAP cannot perform services for persons in other communities because basically it is a charity organization. She added that the City should be concerned primarily with what services CEAP will provide to Brooklyn Center citizens for the specified amount of money. Councilmember Fignar concurred and stated that he felt as long as services were being provided to the citizens of Brooklyn Center adequate to the amount of money spent that whatever else CEAP did was their business. The City Manager reported. that a meeting has been held Old City with neighboring property owners around the.old City Hall Site Hall site regarding what they would prefer to see happen to that property. He explained that the preference of th-3 neighboring property owners was that the property be used for some type of office building.. He pointed out that there was some favorable indication that a senior citizens residential building might be acceptabl . He added that the overwhelming preference was for an office building and that there was even some suggestica that the present R -5 zoning, which allows for C -1 a -.c;., as a speci,,l use, be changed to C -1 rather than to ha the R -5 as an o ;.tion. The City anager suggested that the City Council give further consideration to the manner in which the old City Hall property is dispo •- d. Councilmember Lhotka, referring to a list of liccn^es Licen.,er recommended for City Council approval, stated that in .ha past he had inquired regarding whether or not garbage an-? refuse haulers licensed by the City had backup warning devices'. Hs stated that this was a concern of his and inquired if this could be checked into further. The City Manager resaponded that this will be looked into and responded to. Following the discussion there was a motion by Council - - member Scott and seconded by Councilmember Kuefler to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Bergstrom Trucking 6509 76th Ave. No. Block Sanitation 1949 Teton Trail Browning- Ferris Industries 9813 Flying Cloud Dr. G & I-I Sanitation, Inc, 12448 Pennsylvania Ave. So. 6 -19 -78 28- -- i Gallagher's Service, Inc. 1691 91st Ave. N.E. Gordon Rendering 19 N.E. 14th St, Mengelkoch Co. 119 N.E. ,14th St. Metro Refuse 8168 W. 125th St. Minneapolis Hide & Tallow P. O. Box 12547 Shobe & Sons 3621 85th Ave. No. Tarco of Minnesota 10041 Polk St. N.E. Walter's Disposal Service 2830 10 -1st Ave. N.E. GASOLINE SERVICE STATION LICENSE N.W. Bell Telephone 6540 Shingle Creek Pkwy MECHANICAL SYSTEM'S LICENSE Hayes Contractors, Inc. 1010 Currie Avenue Dependable Heating & Air Cond. 14123 Prairie Rd. N.W. NONPERISHABLE VENDING MACHINE LICENSE Dale Tile Company 4825 France Ave. No. RENTAL DW LICENSE Initita 1: David Jensen & Gordon Wellens 5501 Brooklyn Blvd. Fred Beier 5300,04 Vincent Ave. No Catherine Shefeluk 3018 51st Ave. No. Renewal: Darrell A. Farr Develop. Co. Beach Apartments Martha Lahti 5316 Knox Ave. No. Martha Lahti 5322 Knox Ave. No. Gary Heck 5341,43 Penn Ave. No. Sigmund Bona 5207 Xerxes Ave. No. Alan Wright for Al Krawiecki 5209 Xerxes Ave. No. Frances M. Lunacek 5211 Xerxes Ave. No, SWIMMING POOL LICENSE Bennie Rozman 400 Dakota Ave. So. Brookdale Ten Apts. Hwy 100 & 53rd Ave. No. Voting in favor: Mayor Nyquist, Councilmembers `Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Action Authorizing Motion by Councilmember Fignar and seconded by Council - Retention of Consultant member Lhotka to authorize retention of Braun Engineering and Testing in an amount not to exceed $3, 000 for soil borings and foundation recommendations for the proposed bridge over Shingle Creek at Shingle Creek Parkway, previously designated as Improvement Project No. 1978 -6. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilmember Kuefler and seconded by Council- member Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott;, Voting against: none. The motion passed unani- mously. The Brooklyn Center City Council adjourned at 11 :41 pom. f .1 er}c Mme' t -29- v'6 -19 -78