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HomeMy WebLinkAbout1976 05-03 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CIr- OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 3, 1976 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:30 p.m. Roll Call Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Also present were City 'Manager Donald Pons, Director of Public Works jar e: .s Merila, City Attorney Richard Schieffer, Director of P)anning and Inspection Blair Tremere, and Administrative Assistant Rory Warren. Councilman Jensen had previously announced that he would be out of tovv_-. during the May 3, 1976 meeting and, therefore, was excused, Approval of Minutes Motion by Cou.nc°ilman Kuefler and seconded by Councilman 4 -19 -76 Fignar to approve the minutes of the April 19, 1976 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar, Voting against: none. The nrotion passed unanimously. Fire Department The City Manager introduced the first item of business on Training Exercise the agenda, that of a request for authorization to conduct a Fire Departrn nt training exercise. He explained that Harron Methodist Cl , ,rch, the owner of the dwelling at 5505 Dupont Avenue North, has requested that that dwelling be razed by burning part of a Fire Department training exercise. He stated that ��,o Assistant Fire Chief and the Build - ,` g Official have reviewed the proposal and have advised the owners of the cleanup wore that they are required to conduct following the exercise. He further stated that the recommended exercise will be held on the weekend of May 8, 1976. In response to a question by Councilman Kuefler regarding notification t.; , -, rrou.nding residents, the City Manager explain ( that the Fire Department makes the effort to explain the exercise and main the cooperation of nearby residents, and that there have been no complaints in the past regarding such exercises. Action Authorizing Following further discussion there was a motion by Fire Department Councilman Britts and seconded by Councilman Fignar to Training Exercise authorize t.'ne Fire Department training exercise which will consist of thG burning of the dwelling at 5505 Dupont Avenue North. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Performance Bond The City Manager introduced the next item of business, that Reductions of a recommendation to authorize a series of performance bond reductions. The Director of Planning and Inspection proceeded to review the twelve proposed bond reductions, all of which pertain to Brooklyn. Center Industrial Park projects. tie stated that the recommended reductions are related to the amount of work completed. A brief discussion ensued ralativo to the work at various projects that must be satisfactorily completed prior to a recommendation to release the entire performance bonds. . =l -- 5 -3 -76 Following the discussion there was a mction by Action Authorizing Councilman Fignar and seconded by Councilman Britts to Reduction of authorize reduction of the following performance bonds: Performance Bonds Project Name and Recommended Address and File Original Reduced Number Bond Amount Bond Amount Cinema Theaters $15,000 $ 7,500 5801 John Martin Drive 71003 Allen Engineering /Arctic $15,000 $ 7,500 Metals, Inca, 6530 James $25,000 $10,000 Avenue North, 71003 and 72077 (original project and addition) Speculative Bldg, No. 11I $10,000 $ 3,000 1800 Freeway Boulevard 71030 K -Mart Store 815,000 $ 7,500 5930 Earle Brown Drive 71027 Johnson Control Service $ 4,000 $ 1,000 1801 67th Avenue North 72014 Earle Brown Office Bldg. 1 $20,000 $ 7,500 6040 Earle Brown Drive 72025 Speculative Bldg. No. IV $45 0 000 $10 0 000 Bldg. 6840 Shingle Creek Parkway 72075 Shingle Creek Tower Apts . $20,000 $ 5,000 6221 Shingle Creek Parkway 72083 Speculative Bldg. No. V $60,000 $15,000 6820 Shingle Creek Parkway 73018 Speculative Bldg. No. VI $60,000 $15,000 6800 Shingle Creek Parkway 73037 Earle Brown Office Bldg. I1 $70,000 $35,000 6120 Earle Brawn Drive 74004 Kennedy -Cohen Building $95,000 $15,000 2400 Freeway Boulevard 74022 Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business, Certification of that of the certification by the City Clerk of the Charter Charter Amendment Amendment Petition received by the City Council at the Petition April 19, 1976..meeting. He stated that City Clerk Allen 5 -3 -76 -2- Lindman 'r-as verified the signatures on the petition and submitted a written certification dated April 26, 1976. The Clerk read the City Clerk's certification of a Charter amend- ,tent Petit`cn submitted by Messrs. Hannay, Heenan, Vaughn, Tubman, and Mrs. Forstrom. He noted that of the 6,363 signatures affixed to the petition 1,226 were found to be invalid, fea-,i a total of 5,137 valid petition signatures which consti'utes a percentage of 47.34% of the total 10,851 votes cast at the last general election held on November 5, 1974. It was further noted that the 5 137 valid petition signatures constitute a percentage of 27.47% of the total 18, 701 registered voters at the last municipal election held on November 4, 1975. Action Recognizing Following a brief discussion there was a motion by the Certification of Councilma. Britts and seconded by Councilman Kuefler to the Charter Amend- recognize the City Clerk's certification of the Char ment Petition Amendment Petition. Voting in favor were: Mayor Cohen, Councilmen ". Kuefler, and Fignar. Voting against: none. The rnotion passed unanimously. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 76 moved its adoption: RESOLUTIO'- ACCEPTING BID FOR FURNISHING BITUMINOUS OIL The rnoticn 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: Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar; and the fc1low-ing voted against the same: none, whereupon Paid reAsokut wan declared duly passed and adopted. RESOLUTION Member Mal a-i Britts introduced the following resolution NO 76-62 and rrc i.t,- adoption: RESCI.UTII r O: ACCEPTING BID FOR PLANT BITUMINOUS MATERIAL The rpoticn. fcr the adoption of the foregoing resolution was duly sec=ndedt by member Bill Fignar, and upon vote being taken tiherecn,, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Ton7 Kuefler introduced the following resolution and NO, 76-63 moved its adoption: RESOLUTION ACCEPTING BID FOR STABILIZED GRAVEL AND FINE AGGREGATE FOR SEAL COAT 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: Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bi ' 11 Fignar introduced the following resolution and NO 76-64 moved its adoption° RESOLUTION PERTAINING TO SIGN REPLACEMENT PROGRAM PARTICIPATION AGREEMENT - 5-3-76 The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted® Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -65 RESOLUTION ACKNOWLEDGING GIFT 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: Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: ncne, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the follcwing ordinance ORDINANCE and moved its adoption: NO. 76 -4 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO SPECIAL COMMERCIAL USES IN THE I -1 (INDUSTRIAL PARK) DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Section 35 -330 (3) (f) is hereby amended to read as follows: (4) Planned and designed to assure that �e:aerated traffic will be within the capacity of available p ^�4blic facilities and will not have an adverse impact upon the industrial pa r k or the community, and, which are described in Section 35-322, Subsections 1 (a) [1 (b)® 1 (c) items (3) and (4)a 1 (d)] through 1. (j)o 3 (c)a 3 (d)® and 3 (g) through 3 (J). Such commercial developments shall be subject to 1 -1 District requirements of Sections 35 -400 and 35 -413 and shawl otherwise be subject to the ordinance require Ament s of the use classi- fication which the proposed development represents Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 3rd day of May, 1976. The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof. Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced the next item of business stating Citizens Committee that Mr® Ed Theisen, Chairman of the Citizens Committee Report and Recom- studying the Fire Department issue, requested an opportunity mendations on the to present the Committee ®s report and recommendations to the Fire Department City Council. Issue 5 -3 -76 -4- Mayor Cohen recognized Mr. Theisen who distributed a 26-page docurnent detailing the findings and recommendations of the Citll,zens Committee relative to the Fire Department issue, He also distributed and read a 3-page summary report which outI.JLne, the Committee's recommendations, which include: that - Ine Cit-, of Brooklyn Center should continue with a part-time Chief; that the Fire Department should continue to report to the City Manager; that a f, , or7. test should not be a requisite to the of a part-time Chief; th,,at in place of a one year probation, a management by objective system be instituted for the volunteer Fire DePE7. and Fire Chief which would review and meas the Fire Department performance based on goals and objectives which are mutually agreed to; that the- elected representatives of Brooklyn Center must have ultimate control over the Fire Department, to set an change the budget of the Fire Department, and Vo set reaoonable personnel standards for appoint- merts, promotions and for conduct on the job of all emplo and that the City Council adopt in lieu of th.e; lnitiati- ordinance a Committee developed ordinance proposal wherein the checks and balances are retained by the City Council,, but the role of the Fire Department and its mc: of operation is expanded to give it greater control cwof - its own operation; that S 3 Section 6.02 of the City Charter be amend ed to reflect a Committee proposal which would accomimodate the increased appointive and d'LrscI,-,.I powers of the Fire Chief; that V Council pass a resolution which indicates _1 I a clol'- mitrnent to the volunteer. Fire Department and it-, cc� as a "volunteer" operation, Mayc, ICA;hen next recognized Mr® Ted Willard, a member of the Cl'tizens Committee, who proceeded to distribute copies of the propos�ad amendments to Chapter 5 of the City Ordinance. and t the City Charter. Mr. Willard stated that it Js the Citizens Committee's hope that the City Council will -adopt the proposed ordinance and that the Charter ion will, in turn, recommend adoption of the Committee proposed Charter amendment. He next reviewed the proposed ordinance stating that it was the objec.tl'.ve of the Citizens Committee to develop a proposal that wi. a,--sure the continuance of a part-time volunteer Fire Chi-If, pnovide a vehicle for establishing a management by objective �ystem to develop mutually agreeable goals and objectives for evaluation purposes, to establish mutually agreeable bylaws and to do all of this within the Council/ Manager framework of government. Mr. Willard stated that the proposed Charter amendment would do no substantive damage to the Council-Manager form of government, but would acknowledge the increased appointive and disciplinary powers of the Fire Chief subject to the approval of the City Manager, -6- 5-3-76 Mr. Theisen concluded the Citizens Committee presentation by stating that the proposal does not give the Fire Depart- ment everything it wants, nor does it give the City Council or the City Manager everything they want, but that the Committee feels its proposal reflects the will of the people and gives the citizens of Brooklyn Center what they want. He asked that the City Council review tinge Citizens Committee findings and recommendations and deliberate on their proposals in the near future, He also thanked all participants for their cooperation Mayor Cohen expressed his appreciation to Mr. Theisen and members of the Committee for their time and effort in developing their report, and requested members of the Committee to be present for the Council deliberation. He recommended that the City Council acknowledge receipt of the report and set the May 24, 1,976 City Council meeting as a date for deliberation. Following a brief discussion there was a motion by Action Acknowledging Councilman Britts and seconded by Councilman Fignar to Receipt of Citizens acknowledge receipt of the Citizens Committee Report and Committee Report and to set May 24, 1976 as a date to deliberate on the report. Establishing a Date Voting in favor were: Mayor Cohen, Councilmen Britts, for Deliberation Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Councilman Britts inquired if the City Council deliberation Discussion Relating on May 24 would be open to comments from Fire Depart- to Format of Council ment spokesmen. A brief discussion ensued relative to Deliberation the format for the Council deliberation on the Citizens Committee Report. Mayor Cohen recognized Mr. Ed Theisen who stated that the Citizens Committee will gladly meet and discuss their report with any and all interested groups. Following further discussion it was the consensus of the City Council to hear comments from the Citizens Committee and the Fire Department at the May 24, 1976 meeting. Mayor Cohen recognized Mr. George Heenan, a spokesman for the Brooklyn Center Volunteer Fire Department. Mr. Heenan expressed his appreciation to the Committee for their efforts in compiling the report, He stated that the Fire Department would review the Committee's report and would gladly participate in discussion on the issue at the May 24 meeting. The Brooklyn Center City Council recessed at 8x45 p.m. Recess and resumed at 9:10 p.m. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 76008 sub- Application Noe 76008 mitted by David Faddler® He stated that the application (David Faddler) was tabled at the February 23, 1976 City Council meeting pending a review of the substandard lot question and was retabled at the April 19, 1976 City Council meeting, when the applicant expressed desire to pursue the matter of a side yard setback variance for the substandard lot in question. He reported that the City Attorney and Mr. Faddler's attorney have both submitted memoranda relating to the variance request. 5-3 -76 -6- The Planning and Inspecti in., proceeded to review the applicavion and to summarize the action that has taken placer tn, Mr. Faddler's request. He stated that when Pia ni n.q Commission Application No. 76003 was originally s, b "led it involved a request for two variances; one to _ a dwelling on a substandard lot., and the other fc., � from the 10 toot side yard requirement to perm" 't i:. ,�a. sts u,c of a dwelling 24 feet in width,, with an 3 fo d, side yard 3etback rather than the 10 toot setback required by ordinance. He further stated that the Plann; , r C y rY :z i. °n had recommended denial of the appli- ca ic:. (1)n bax is that the standards fora variance were not me.t is adjacent vacant land which will allow wide n.irg cf n subject parcel to the established lot width of th arnii, .nd an undesirable precedent would be estdb- li ;h,e.i w th r aspect to remaining large parcels in the subdivininn. His explained that the request for variances was tablet =a,,° the City Council at the February 23„ 1976 meeting ng pe "g the review of the su bstandard lot question., with the a� ypL ca nt indicating that he was willing to reduce the Zze of the dwe ling to meet all setback requirements. The E rector of Planning and Inspection reported that the City Cri:rcil at its April. 11, 1076 rneetin.g had given first reading to an ordinanc9, amending Chapter 35 that would permit conOrnK on substandard re. idential logs in existn ce p r_' r tc< January I , 1976, , provided the lots were no 3 g',n than 4J feet in width and have a total, area of not less than 5,090 square .feet. He explained that a dwelling co uid be balli art the substandard lot in q uestion, 'provided the e gin, a._. e' ., either requirements of the- ordinance, once tai , has finally been adopted. He further repor,e! first tie applicant has stated that he cannot meet the setbsTk of the ordinance and as seeking a sido var no' back variance to permit construction of the 24 f, L's= w .d dwell mg, stating that he meets the standards for a varlanny a nd ciU .g thy. Curry versus Young case as the var cance. Mayor C ohen rec; xni.ziF!d the City Attorney who proceeded to review tin y r r�lative to the variance request in question. lie stet, .,ha nr the, Curry ca se the cc rt iound that a muniMpah , annc t deprive property of all reasonable use. lie expla n d that rn the Curry case the operation of a Minneavalin r.rfi. inan,ce would have required a house to be built t at ;nr',_ 6 fe et woe; one one end any 11 feet wide on the W Ch wor­,dd not provide usable living space. The City A't .,, t:. rther stated that a home 22 feet wide and up to 30 c r 9_ f :,n length could be built on the applicant's lot and mGet the setback requirements of the ordinance. He r�F A Via; , aithough the City Council could grant a variaf ,c thly case if all the standards for a variance are met, tk Cc nci,l is not required by law to do so. The Dar j :tr er r- Planning and Inspection reviewed a trans - parenc-y hcw :n � a floor plan of a home 22 feet in width that cold be co , ,r,;,cted on the applicant's property which would meet the ordinance setback requirements Co �noii ksrssa Bra* es inquired if this request for a variance has any vt ilartt w:�th the side yard setback variance request that ha re K 17 the Jaycee's Community Attitude Survey regarding side yard setbacks. The Director of Planning and Inspection responded that this request is similar in nature to that being surveyed by the faycees, and that if the survey has -7- 5 -3 -76 an effect on Chang g. the side yard setback requirements, this application would likewise be affect d. Discussion ensued relative to the Corr°r)aty Attitude Survey, side 'yard setbacks, the PlaS n."Lng Cor ";omission review of the application, and the fea7lbi its of building a 22 foot wide dwelling on the property in q "u.estiono Mayor Cohen recognized Mr. Fames Neilson, attorney for the applicant David Faddler, Mr. Neilson naviewed a memo he had submitted to the Council relating tc_ Mr.. Faddler "s request. He stated Mr. Faddler could nct reasonably meet the setback requirements as prev"o u 1y i nd sated and, therefore, was seeking a variance frcrr, t'i,e 10 foot side yard setback which would allow hire to bu .ad S feet from the property line. Mr. Neilson .stated the op r�',o that appli- cation of the Brooklyn Center ordinance wo,,<..Id allow no building at all on the applicant's property. F1 rther, he stated that Faddler had contracted wit1 a p. �pective buyer to build a 24 foot wide house. He e pla i nec that the Curry case seems to emphasize the position that a variance must be granted where in the absence thereof, a p "erson "s property would be deprived of all. value. He stated to.> not permit the variance request would deny Mr. Faddler t:ke use of the property, thus depri the property of all ~aloe. �, the , . - Mr, Neilson pro. eeded to review , .: , „,a�lriards for a variance contained in Section 35-240 (2) of the City Ordinances. He stated that Mr. Faddler meet = all of the requirements for a variance; first, he will incur a " particular hardship'”, as opposed to a mere "inconvenience" because his property will be deprived of all value i,f �7ariance is not granted; second, the conditaons upon which the appli- cation is based are uniq je to the parcel. d.!- to the, fact that this parcel has been a parcel of record f (-r « y� 42 years, the conditions under which the vara,ar c°`" r., acught is not common to other property in the zor A;,,.g di - 1,71ot, and the fact that a sing >,e fa,rd y dwelling has previc siy been in existence on this lot; grand, thq !1 .ardship alleged L- related to the requirements, of t:r:.d -, ordimance and has n ,,�t been created by any persons pry _ry ;tiv or formerly ha Ancj an interest in the parcel of record, and fcurth, the r_, g c th variance cannot be terrved detrimental to the _!. )1'. welfare or Injurious to other land or irrproverneT !:i� the nei h�crh(,x)d because a single family rest den E-_� had existed on thi parcel that at no time had been deemed detrimental tc ' .l- P bLc welfare and that a new rep d ;-en e on this. same can ppgqly n Al' n Y improve the ne:_,ghbcrh(_)od. Neilson stated that Mr. Faddler must have ter e ?; dwelling in question built by Tune l , 19 76 or t1he pur hasar will buy ether property, He urged the Cc¶_incil to favor ably act on the variance request® Mayor Cohen opened the meeting to no*�fir�d property owners. Public Hearing It was noted that no one spoke relating to thg� ap plication. Mayor Cohen questioned the City Attorney regarding the applicability of the Curry case to this application. The City Attorney responded that the Curry case does not apply in this instance and that only the standards for a variance should apply to the granting of this request. He stated that the only hardship, if there is a hardship at all, would be that the property owner wishes to build a house that is 24 feet in width where the ordinance would permit a house with a maximum width of 22 feet. 5 -3 ®76 �S� Maycr m that this request is Isimilm to the other stle yar . setback variance which has resulted in a e e e should be t re at ed i� the sam mar� pro Br tts stated that-he can, understand the applicant's desire ^c, � '�!,a.l ,,g a 24 font wide house and the applicant's co nc arr for th e possibility of to 1n7g a contract if the house is n o t Milt by Tune 1 . But, he further stated, the City Cc'u ncId a z �7en much consideration relative to side yard setba 9k, varjan ;es, and has decided to review the matter through a nur­,, of the community and that the process already; a ot mo � � � should be given,: a chance to ruts its - �. coj e . Ha mmenited that standards for a hardship have not Man at in this case :and; therefore, hn' su.pports denial of tha ap pY a C ;=at n 0 Coon- �iln Fignar stated that the so" , area of the City, stern the lot 4 located, seems to have no real standards and is d r- .4 and unique from other areas of the City. H furt?or otat that approval of an application of this nature in, ly ,. .. , some or the �emtiar,ds for low and moderate r and for this reason he supports the appl- cation o May rr r. �. r ;. s ed th e o i. �i�� p 5a o n th a t the standards for a 7 aria. ;._e t a of been met, that a hose cc l.d be built requirement requirement-s ind, therefore, he was not in `a Wr CIL Pprf,)Vi g she application, Action Denying Wllu.w;. "` g a W ,} d Wscu7,sion there waq a motion by Planning Commission Cc a "L. pan Br, , and seconded. by Councilman Kuefler to Application No. 76003 a r(­,o, b rl "Aanager to prepare a r e nlution outlining (David Paddler) the reasons KT denying Planning Comr is ion Application No. 7 0 tt d v d Faddle Voting 6° � _��� �_ b� 17a�r:�� ��.��,� . �r�a � g in. favor 'mere: Mayo Coh n, Cc ncilmen Britt>>, and K Voting aga hi - o , ���.. _ � � ` yFignar. T he - motion Pass Mayor , agaQ recognized Mr. .A es N— a- Arson -- attorney Or the wplicant, who inqu., -red JJ a building p rmit would be W nV ',r;' I" laddl'er tomorrow. The City Manager ,'tater that if Mr. Faddl er c3n meet the requirements of the crdinauLm a building permit could be slued. Upon cl.arificati ,, ho 7 tated that the amendment to Chapter 35 of the CitY Ordinance; relative to substandard lots has not yet b con : `ff a tive and that a wilding permit, conse- q e ty o c r%jd not be ls, ued at this time. Planning Commission The Ci ty, Ma_nj er introduced the next item of business, Application Nos. 76015 that of P'la uni. G, Coommission Application Nos. 76015 and and 76016 (Robert 76016 . a,; by Robert Adelmann, Adelmann) Counc1 left the table at 10016 ,p. m. The Dire ntof c ' Planning and Inspection proceeded with a revi of th-e i vvc planning Commission Applications. He stated that flan Commission Application No. 76015 was a rc P ,, . t for a technical variance to allow the operation of a gaschne service station at 6501 Humboldt Avenue North which ab tVd R -1 zone land to the east, and that Planning Commissicn, Application No. 76016 was a request for a special YFe Y :. perm to operate a service station and car wash at the game sAn. He reviewed the Planning Commission action a their April 15, 1076 and April 22, 1976 meetings, relating t 9 thn .e applications He explained that the -9s 5 -3 -76 zoning ordinance rived not per kAt service stat .o s on property abetting R -1 land, including abutment at a street dime, He stated that the site had been previously d evOoped by the DX Sunray ®il Cornpan and. Brooklyn C, ,ter i nu4p trial Park and that the City Council, in R? ol; tion No, 67 - 2738 had approved the cemrnerc"ia1 zoning and at that t rre had acknowledged the surrounding a. - n,� azes fl. e not;�d that Planning Commission Appli.cat,(. No. < 6 16' -, ,!s compre- hence a modified curb cut and an a green d aver. up as an easement to the City providin for cllc�n. ' i `ir , eaist'rly curb out onto Freeway Boulevard at such t rnc- as th City Council determines traffic conditions warrant such closure. Councilman Britts ret urned to thy table at 10-25 p. ,. The Director of Planning and ln,,,oec P .„n r , ,iiaw =a x a trans - parency shovAng the location, am-i f tl site, pointing out the neighboring properties, the mo,a ied c',arb cut and the new curb cut to the wer:t on Freeway o ,rl. Mayor Cohen recognized the ,applicant, Mr. Ro't)ert Ade'lmann .d who stated that he had nothing furth to ad N the appli- cations. Mayor Cohen next opened the mes ng to a u oti Wd propert "s Public Hearing owners. It was noted that no one ,R cko relit rq to the applications. Following a brief d2 scu s on th er - wa !� a m ct ,.. 1 by Action. Approving Councilman Fignar and n e ,.orded b Counc Kn efler to Planning Commission approve Planning Co m r Ar F ion, Ap pl.,c ., ,�cr Flo 7 6. , 5 4;.ub Application loo. 76015 matted by Robert A ei gas n. i , eor 'x) os I . with all (Robert Adelmann) ordinance requirpments relv r atlr . ". ".` TMad 0 noting the technical vari anco. z wan r, 7 r ta I zin d E- tf),e circumstances of the 050: r_ ; anO of . I,,. ahitting R ®1 uses that the orchn ncie com prehend the unique conjurrt of thm R -1 use and the ent rance; to the il',,. ?l al P K; and that the use is compati. ],e w the estabildhad zcninq and represerls a continuance of an ""� ti''. ',a C �;va ; +_`,r 3v ""cl 71F,7 approved b the City Ca .. z ;1. ` ";el favor ware: Nhyar Coen, Cr),;rc _m e:7 Kin,sf"uer and M g mar, vntnq afi7awst� none. CouncHma Bray ab, ta,',nex. ii'hr 'v:;s r., passed. Motion by Councilman K tai e,, an,, � L,� �_ . h, Co'9`ncilman Action Approving Fignar to approve Plan n g - . ,. li, t:.r; Rio. Planning Commission 76016 submitted &_�; Robert Adel3_ ani e a ct t7 _hq following Application No. 76016 conditions o (Robert Adelrnann) 1 . The permit is i, aua d to the a a operater of th c „y I is nontran a ble p i F'il 9 2. The perrOt s h a ll �) e su ] b j ct tl 1, ap;, ab e ordinanc e Fades and r qu at__r; e ai ndd violation, thereof :ahall, be gre ,.ands f 3. A performance agreement a,,,nd k : � .financial guarantee Qn an a `nc nt to be determined by the City Managers shall be s, bra t.� & tc a Ouse comple- ,y tion' of the appro�� ed s ite .;i p a v mrmts. 4. Plane for inter or bu i ld 1rg rr-,.)dJ shall be subject to review by the Build Cffo lal prior to the iss u,ance of permits. 5 -3 -76 �1� 5 . C � .Y ,, .:: t pavInq and _�,r i_ng zhall be ju.bject to review 9 a ,� : °'�' ➢, by the City Engineer, 6. 1 , ..J . a ping and oav ng improvements shall be d or replaced as necessary per the approved Pk, o,., a traUF,h disposal. facility shall be appro- �, ocreened. 8.h app ..cant all s yb°nit an Basemen* agreement to C " *V _n 3, fora reviewed and approved by the City ^3: lino City Attorney providing for the closure �terly curb out onto Freeway Boulf vard at „ 4 the City Council determ:.nes traffic con- - he area warrant qu... -h closureo, such: "T-Any be .ta l , u -o'f ati, existing g .Igree...ent ; r.,' Closing the curb cat onto Humboldt A en . � s >sp o ' �y that a�re�r�. t , ��a�l e �.� wh i n .;, i1c closed, the area will be replaced as a l , rip v r c n linen Fi ar. and n May ar Cohe CC�'�:s:°��y, �'. -,. Kaefler. Y n. A Britt.3 abstained. The Planning a �o Pla nning g Comm i ssion Lin d � c3 r ) ^c r Fps ,, n� er��� _ nn nZ Application No. 76021 CC'''s _A, o No. 76021 vubr fitted by Brooklyn (Brooklyn Center Center .... ,A a „ t School Di.2.tri t No. 286. he Director School District No. 286) of plan , peot.iar ,, Pro d with a reel* of the app.l. cat.' �. :: a Plannwng C c mn-,J D:r,:n action: at their April 15, 1 t ng. He expla °l nc�� that the applicant pro 4 `` s`torage z u: der the T'« Center -1; ,`h k c'hnol `itl-d e`y.a - i eld . He �r1�, ._ a8 F f �� r "�t.e.r �Ilraud .��.sd to t01e at "'.s _t L e' n', and that %t is p(DssIble -one x nd " ndq.t ,M a =, ♦ ,o s stand d rl"M atbdetiC =vents. Tie not ,l��n �V ji, not des, g.i` d for an C c lfiM ' �eA't rev.'s -i wed ea plan" po'in ti-ng out the n .. ;r,a struct ?re in rellation to the bleachers. Public Hearing" Mayor Cc . ed the; nieeti to n.otlfied property owners.. It wca t that no ore spoke pertaining to the applicat.lon. M<:iy'or Cc h, �. ., re c nlzed Mr. 'Ron Stave, representing the appL c,_L,4-, lvrc stated that he habti nothing further to add ActI.on Approving Follow IInq a r`, r d:i. :ssion there was a motion by Planning Commission Council' an _K �fler and seconded by Councilman Britts to Application No. 76021 apprw,,/e � � . ,1,- g Commission Application No. 76021 sub - (Brooklyn Center mitted by 3rf k, y Center Independent School District No, School District No. 286) 286, tr the condition that building plans are subjectZ t() appr6 17al by the Building Official with respect to appl a:o;�.- rode Y, . Voting in favor were: Mayor Cohen, Council - Bri.t-ts, Kuefler and Fi.gnar. Voting against-, none. The passed unanl.mously. Reconsideration of The City Manaw .,r introduced the next :item of business on Planning Commission the agen <la, th of the reconsideration - of Planning Application No. 74054 Comm.,ssi. n Anc.',ication No. 74054 submitted by Douglas (Douglas Quady) Quady, 47275 .win Lake' Avenue requested by the City Council at t., March 22, 1.976 meeting. -1 '1� 5 -3 -76 Co incilman .Fignar left the table at 1 0 �'30 p, rn and returned at 1.0 °3 3 p o m a The Director of Planning and linspecticn proceeded with a lengthy review of Planning Commisc3ion A pil"catl.on No. 74054 and the Planning Commission r c nfderation of this application at their April 22, 1076 meeti - e He explained that the origina request wa s for a setback v3r ante to e //�� afam E � il S � t � � 1 , � pa vi S ng r t 'win Lak area to build living . space ov a `.y�16sonfor Alb i g arage. He s that the Planning Commission had a banimou,sly agre-ed to reaffirm the original Sena al of Planning Ccr Appilication No. 74054 based union the reasons 1 -r- Planning Commission Resolution No. 74 -6 In addit to the following: there appear to be other alternatives including an addition within ordznaz e 8 "nack regl'ire_ menu as well as conversion of ens: °t tLna ,ace to .meet the applicant's needs, and the apparf7ant reason these are not acceptable is due to design and - r conLl.derat,io s, and not to physical reasons wh ' 1-d are unique to the property or which have been aggrevcated by the cr i '.,ante® The Director of Planning and Inspection a _�xt rev ewed a transparency from the original s howing the location a n)d configuration of �;, � o < w. cind garage in question and rise relation of the '_ - y to neighboring pr operty. Councilman Kuefler inquired as to when) ri dwelling in. ques tion was built and if a va an;ae for con- struction of the garage, The Directczr Inspection responded that the wa7� - ,,'.,..� 1066 and the garage in 1967, He stage ha'7 a request was submitted for cotes- Muct-1,on of the g rag;n ,< 7,e 1 ter `,4�a . o h withdrawn when the City Cou,, J".l : cara e constriuctioT;:a '.! filar a ?roc: ,, A/ ` n .',istent Co'unc lman K_1 y ,quy',rod f r A ,R , 4 p .n garage could aocorrrnoda:' °e as` addaxes a7d . f was built with the ides of a: pand.'ng upward. Th c'f Planning and i spe.t`.on that tie c1ra� :�:�. S y,•;LLa t ac4;c m odate a snow load w ic'r: ,, ,, ,deny :'y q° l nit tc the require - ments for adding living space abov�a i.- gl' arag <.'A H® Mated that at the time th,� garage wa , � � . a_Mc. ;:l f' qre was no record in the file that l.n ,cat d e g aM5 , wa to be expanded above for l v1.,n-. spa re Councilman Britts 51tated that a race t letter from the. original owner of the propE rty l dioat'e , tllhat `­' was, ' 1.. intention to add above the garage, At the req,vr (:'f the Mayo. the Clerk read a letter from Mr, and Mrs o J' hael McDc ale (the original owners of the property) dated April, 15, <1976, which. alleges that they plan a,d tc, cF n L t n l , °� , rs; pay e above the garages This letter also made referan ors to, 3 Mlnnesota Supreme Court ca, that ruled that to -io �a.k <. Jo fief a par - tiCular home was the. front yard aid the st reet '.de was the back yard The City Attorney stated that the case referred tc in the McDonald letter does not specifically apply to the variance in question and he proceeded to explain the circumstances of the case. 5 -3 -76 -12- Mayor Cch : :� :voq iized the applicant, Mr. Douglas Quady, who staters t� at he had nothing further to add to the appli- cation a+ t ii. � but requested the opportunity to address g the Cr a c:.1 in the meeting. Councilman Pr b�O stated that he favors the application becau,��e in ih e st: ation circu, have created a situation. He explained that the fact that the no=se -e r centered on the lot, that the McDonald letter lm x`cat it was the original intentlon of the owner to bi)ild cv er tY ' garage, and that the garage is structurally capable c b 7 built on, all lead him to conclude that the variance ";hr. % be permitted. The Citv Ma: , ��r recalled that at the time the garage was b uilt ..n �? k°M -e; i� a est t he it p b,�, � �� ,. s,� r . �,.,,r.� n c� k.,,,_���C'r%, �;� 9 C ity Co was in the prc ,. . ,µ dJo ting the present Corr�prehensive Plan and th � :�er K n � M V , s ; �� . ., arR orG in.ax �e . o .. ora, . The ol.d n�etback a era e a a applied to the construction was under con id- z ,, and was in the process of being eliminated from the c �? , ' ® He stated that the City Council was sy pa'h t,, -:.o prcble s of the applicant at that time and decided t , he averaging form °ala one last time to accoryimci atci applUcant'o desire to have a garage. He furthar i,at ,t was his recollection that the Council at that t, �, i :* that the garage would not significantly Intrude ,apace because it would be built into the b <- `'r .:.,andscape. He said he recalled no proposal at t,h,at 't e 'P ax a.nd the hoase aver the garage, pointing F" "a tha t G4c'L ld be x,,,r.cons'istent with the :.:��... sic n en for relat've to the a- e, gi. ng fors " "u -' a, t 1 � for a variance an posy 315 1 . other fOr the property. Ma;: cr Cohan was ' 01 real bawls to ap ves t - be rata,onax.l 9 t.t ed �� r� -,d� f a a mr`,'rd; Apnr�]_ 15, 1 9 6 a' y'43gcndly �- ay ing it w of the origanal owner to build over the aroma: A T ?11'" -? qqn this has no in the ' record. ! t,?;�>> ih. <:i . a ..� � C tm , . 3. `.y r� �9°. F._, t r-*, lay _, _ n n ., 17' r� Mewed tie ap ai a. ,H Arad twice recd_mm . aed xt ° denial, and that he see new that would call for a reversal of the action. Action Reaffirming FollowL y . There was a motion b the Denial of Coun ,,4 „rnan iC 1, r and seconded by Councilman. Fignar to Planning Commission reaff;r' s r t ; .. __al. of Planning Cammission Application Application Igo. 74054 loo. 74�0 x :ttad by Douglas Qua.dy, citing the original (Douglas Quady) roasorAz for , a s and noting the following: to be other physical alternatives, an addition within ordinance .setback as well as conversion of existing f c r tc r'?eet the applicant's needs . 2. I}b —c apparent reason these are not acceptable is d_e to and economic considerations, and w t: G;sical reasons which are unique. to the pi r p rt,7; or which have been aggravated by the Voting is s ;, , r were: Mayor Cohen, Counci.lrren Fritts Kujefler, an-1 _ qr r. Voting against: none. The .motion pad e i 1 x °'.F -l3� 5 -3 -76 Motion by Councilman Britts and seconded by Councilman Fignar that the City Council make a finding that at the time the original permit for a garage was granted, it was intended that the expansion of a second story be also approved based on information in the file. Following the motion and the second a discussion ensued relative to the effect of this action. Following the discussion a vote on the motion was taken. Voting in favor- Councilman Britt2. Voting against: Mayor Cohen, Councilmen Kuefler and Fignar, The .motion failed® Mayor Cohen. recognized Mr, Douglas Quady, who inquired if there is anything that would prohibit h.im from building a 10 foot addition. on his home if it were within the setback requirements The matter of nonconforming use provisions versus the noncompliance concept waT- briefly addressed. Mayor Cohen suggest that Mr. Qu.ady work th matter out at the staff bevel and requested the City Manager to keep the City Council infcnr ed as to what trazns�- yes The City Council rece s,ed at 12:03 a.m. and resumed at Recess 12010 a.m. The City Manager introduced the net item of business, Regulations in that of a recommended ordinance amend Chapters 1.3 and City Parks 19 of the City Ordinances relative to regulation0. in City parks. He stated that the recommended ordinance is in response to a recent City Council directive to prepare an ordinance prohibiting the possession and consumption of alcoholic beverages in City parks, He full er stated that the proposed ordinance also reccdifies and a2Fimilates certain existing ordinance provisions, comb1 ping therm with some new provisions to, form a consolidat d oet of park regulations in ordinance form. The City Manager explain d that Section 13 -103 speci- fically addresses the matter of prop bit - .n, the possession, display, consul ,pticr, or use of intoxicating liquors and nonintoxicating malt l,"L'q'uors in City park He reported that in response to expressed concernn-, tih�e ordinance pro- vides for a permit s stem that wculd <-�iIl cw certain, organizations the privilege to use alcck(c lic beverages in City parks. He explained that only d°A. Tj organized, nonprofit local civic organizations operating u7der a constitution and bylaws and having been in existence for at leas-ft one year co`,.T.ld qualify for a permit. He stated that this recommended ordinance, among other t ings, wall assist the Police Department in `heir efforts to prevent and' control what has become a serious problem. Councilman K7�efler reported that the Park and Recreation Commission generally supports a ban on alcoholic beverages in City pares, but is concerned that there has not been enough citizen input into such a decisacn, and has suggested that a temporary prc n, not exceeding 90 days, be instituted so that further input can be solicited from affected persons. A brief discussion ensued relative to the amount of complaints received by the Councilmen regarding the use of alcoholic beverages in City panes 5 -3 -76 -14- T.f` p Ca,t` Ma, i uggeKed there is merit to seeking further ionput c.. bitron Wt he recommended that a per - ma nent bon be Or itiated ad:md that the Park and Recreation 7ank further input and comment prior to final _�f ', nnr ' lie exphained that the ordinance adoptia x ,r, - which requires approximately 45 days for an be enacted, is de ign. ed to accommodate disc ,T,ior a r� of various prcposals a He f urther explained that a temporary fan of 00 dada would require a w 'h.n 45 days of the initial effective date if thiere was t b ,e no expiration gaps A brief o ��:A._ ;.: ensued relative to Section 13 -1.08 of tte ro c. e orritnance regarding the posting of unauthorized zign s and hariblis in Cit parks following the discussion .t wa" ".., of the Co ur.coJ,l tc, strik th word .nW"tn r ,z.. F° that Section 1 , 8 would read " of si gns a. A. prohibited". Ordinance F(( nx ycm7 lion there was a Notion by First Reading Cc uno2 ,­in Figrar, and seconded by Cou yci.lrnan Britts to cffor sr�r .. reading an ordinance amending Chapters 13 and 19 o f V" i i';'v Ordin relative t reg T',L:. g tl e l hB_:e Us of P �.; y _, a _,. _ . �.�4,� �, rach.dies. Voting in .fi k'3 0 , . Ma yor The onokon passed. Action Directing Moticn C e, vo r Q lean Britt cz, amc, acs nded by Ccunci.lman. Park and Recreation Fi4s na° f,, Mpart t Park wed Recrnation to Commission Review f "'rth r r % n =s prcposc d ban on alcoholic bev erages in Ciity parr j. -,A to MOM it i u.rther input and ccmumuant from t Park Sarton Area Ccmrenittee . Voting Im were: Mayor Co r x �i,r o :, Britts, �, ler an�x 'n�1sr v" 't g q a _ : ' none. The : , n otio,' pae,,-�ed 9 �fian.1mo. '.l.sly. Planning Com- , rn.ssion The jnhaducofi the . °„xt it .r cf 1,u. .{ ., Application Noy° ® 76017 that c h � � t C � yy p ;,� ti .. 7 (, � ,0 � .. a..,iS., ..._ � . -e Ka, �.�, x1.41 A 5.., �.�., Ah9 zF '.i T. v. �. �..V.�e i� No F�'. -. h' and and 76018 (Dr. Gregory 76018 - W tr , by Dr. Cr�­.gcr Sw sc, Swenson) Thl.. Dire -''r V Plan ning wind Inspection proceeded with a rev 'ew r.., wv Planning C m m ;, � Ap p l ,�„ t or He s.1 o-`1 �.� 1 c.r:. k � o Wated thnt Manning Coznral. sion Ap Ucatr-on Nc, 76017 was Wr , e i._ siry plat apprC ,al: fir t "hc= property at 6417 and 6,A7 Brook �, Bculevard involving the Brookpa k Den tal WinYr - �.'r "A _ k parcel propo .eat as the Site of an a � parking loco He reporters that the parcel is .,wa t:: e C'iric and the proposed parking lot would: be incladed ir the plat. lie :stated that Planning Commission Appl at ^ n _ . 76018 was for special permission for an cff- to p irki , fa:�ility looted at 6417 Brooklyn Boulevard and ,yr , tr too c � t n Br. c�kpar>� Dental Clinic at 6437 Brookl y , ar:d The Dire cr c f Planning and Inspection next reviewed the 1 976 Planniiag Commission meeting at wft c -h tee.° ,F, ": applications were favorably reviewed. Action Approving 7'olhMog a bKof discussion there was a motion by Planning Commission Cou o E n.ar and seccnded by Councilman Britts to Application No® 76017 approve Fuan_ n- Commission Application No. 76017 sub - (Dr, Gregory Swenson) mitted by Dr. Gregory Swenson subject to the following conditions -15- 5 -3 -76 1 . Final plat is subject to a review by the City Engineer® 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The final plat shall include Lot 1 a Block 10, Northgate Addition at 6421 Brooklyn Boulevard. Voting in favor were. Mayor Cohen, Councilmen Britts Kuefler and F'ignar. Voting against, none. The motion passed unanimously® Motion by Councilman Britts and seconded by Councilman Action Approving Kuefler to approve Planning Commission Application loo Planning Commission 76018 subject to the following conditions° Application No. 76018 (Dr. Gregory Swenson) 1 . The permit is issued to the applicant as operator and is not transferable. 2. Grading, drainage, paving and curbing plans are subject to approval by the City Engineer® 3. The existing structures shall be removed and the premises shall be filled and restored consistent with the landscaping of the situ. Unimproved areas shall be planted with a viable turf and other approved vegetation 4. The performance agreement and ,,s ,a.pporting financial guarantee pending for site imprcv ements at the Brockpark Dental Clinic shall ce mipre:henud the improvements of the accessory off. - sito� parking area. 5. Installation of the underground Irriga"t."on system shall be warred on the property -m l such time that physical development wouM occur, 6. Consistent with the provisions of Se.c :tion 35 -701 e if the accessory parking to be cred`ted to the requirements of the principal use, the use of the accessory site shall be legally encumbered for that parking thro -ugh approved deed restriction.. Voting in favor wer(7: Manor Cohen, Coy 'c' l �` es a Britts e Kuefler, and Fl.grar. Voting against, none. The motion passed unanlmo sdy. Motion by Co' ricilman and seconded b7; Councilman Licenses Kuefler to approve the foilowing license: FOOD ESTABLISHMENT LICENSE Brooklyn Center Babe Ruth 6013 Abbott Ave. . N. Maid of Scandinavia Co. 3244: Raleigh. Ave, for Westbrook Mall ITINERANT FOOD ESTABLISHMENT LICE,4S'F Brooklyn Center Poli,ce Assoc. 6301 Shingle Creek. Pkwy. Duoos Bros. American Legion 4307 70th Ave, N. '' 5-3-76 -16 MOT '' _ �-T C } E DEALER'S LICENSE Brock - -altiy Motors, Inc. 2,300 qty o Rd. 16 It r, C 1h:� TreIet Co. 6761 Brocklyn Blvd. Norte 7t-'ar Dd,:�d.qle 6743 Brooklyn Blvd. Pontiao Brcic dale 6801 Brooklyn Blvd. Sears & C . 1297 Brookdale MECI JI"�%"( ;A1. gY S T E,MS LICENSE & Htw « 16732 Hanson Blvd. O.O. ,-'r Conditioning 769 Bradford Ave. N. o d,a'i A,, C�nditioning Co. 2233 Niagara lane Home A. Fran-, llnc. 6.1 6 1 Ave. S. M1111 C Ylb & Aar Conditioning 13 '!33B 16th Ave. N. Metal, I)r�c.3 17 C Ave. N . Ed Rc e M : - :l n; . 11348 l -Tel Drive S I G N tiA R 1,7I r,�TSE .'1- � 11�3 vv a, �_.. �._�a.® �� � � P rior . _ . It o . 4 'Norte Ave LeR� . 6323 WeRcomie Ave. N. SWIM I 1 E1 0ENSE 2( 13ea . A.� 0 ,�.� �)1 Lakeside Ave. 33 & Jiw . 100 Center 6301 Shingle Ck. Pkwy. Brock >r ar & Rec. Dept. 6, 1 Sh Ck. Pkwy. Chi ,-'�;' 1 c;k y t ». 6307 Camden Ave. N. Darr c; Bf„ --v, „ Fa r-. A , F� . 6106 Sumrr t Dr. Fc" 0 f" . . 2936 Nc Dr . Hr 1 k 1501 Ereewav Bled. r,7 �t %,2. 36:�-1 ;y 65th Ave « N. A. Mari s rx v ho���s��s ';C 3 6 r1. A$�e. .N. N rt h ' , Tw'', I t Al ! ° 4536 5-Fth Ave, N. �_M, PCFAk"4 f 4 PAZ % Tn- ` QX1CA`EI.R1' 1xQU LICENSE ..ica L xg 07 70th h Air` o N . Report on T C , r. 7 ✓1 :<< °i 1,L rw. 'x the n ext I t t9,E�t Grandview Park ,. r�_ a d rOPOSal relat! C.: ". 3 flOCI��a. field 0 Impr ovement (randview Park, He stated that the an 1 Program C c 171. �. ..�. .vd�:�.ra t�.o�v� �' �,'�roox��u°'�"''en Conce for " .- ;�' �": ' during its 1976 budget he�a�ing and he �; o I , carer 1.r h , a - of the park some damage cif a tr -; 1 .. ;.r ' has occurred to thy; football field and He explained , ,hat pursuant to earlier s expert adv:�ce was sought rel xtwng to the type, '' . Ozited for this field and the type of fertilizer t(,D be a � �uf. on to advice relating to grading, irriga ng as L -. a wh'-h will improve the. physical nmakeup of t Ie f r ported that earlier this spring low spots in 1•`h , 111 ,1 r ;;gated that the major problems consisted a: �q' ate irrigation and adequate grading and drainage., v�,rk fields. '" _ lie recommended that the irri- gation prN of :m addressed immediately through the �y� tall t;4 of underground sprinkler system, and that the gradN n - xiir,a e problerl be addressed in the fall by closing th(se fc tbcJ! f 1 :gin approximately October 13 to begin reo't irr l r;, that pre bl m. r c...� 1 5-3 -76 He stated that the underground sprinkler system could be installed for approximately $1,500 and that approximately $2,800 will be needed for black dirt and sod for next fall's grading and drainage project. He recommended that the 1976 budget be amended to accommodate this improvement program. A brief discussion ensued relative to the reccmmendation. In response to a question by Councilman Kuefler, the City Manager stated that approximately 54 softball games would have to be canceled in .May to do the grading and drainage work. immediately. Mayor Cohen commented that he supports the recommended improvement program with the installation of the sprinkler system now and the grading work being done in t,e fall in that it will cause the least disrupticn to the various scheduled activities Councilman Kuefler stated that he supported the program, but was somewhat disappointed in that he was under the impression that all of the work, including the grading and drainage work, could be done in April qc that no activities would be disrupted. I Following further discussion there was a motion by Action Authorizing Councilma=n Kuefler, :seconded by Councilman Britts to Grandview Park authorize the recommended Grandview Park improvement Improvement Program program and to direct the City Manager to prepare the appropriate amendments to the 1976 budget. `emoting in favor were. Mayor Cohen., Councilmen Britts, Kuefler, and Fignar. Voting again st. none. The rTy otion passed unanimously. Motion by Councilman Fignar and seconded by Cci ncilman Adjournment Britts to adjourn the meeting . Votimg in favor were: Mayor Cohen, Cou lm ,s Br tt_1, Kuefler, and Fignar. Voting against, none The ra;ot"on passed lunlan rric -sly. Th.e .Brooklyn Center City Council adjourned at 12;55 a.m.. Clerk. M or i { tr r k t iy 5 -3 -76 -18-