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HomeMy WebLinkAbout1976 09-20 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 SEPTEMBER 20, 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, Fignar and Jensen. Also present were City Manager Donald'Poss, Director of Public Works James Merila , City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Administrative Assistant Ronald Warren. Park & Recreation Mayor Cohen announced that he had received a letter of Commission Resignation resignation from Park 'and Recreation Commissioner Roger Pickering who was moving from Brooklyn Center, and, therefore, unable to continue with his appointed term. Motion by Councilman Kuefler and seconded by Councilman Fignar to accept the resignation of Roger Pickering as a member of the Park and Recreation Commission and to direct the City Manager to prepare a resolution of commendation. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against none. The motion passed unanimously. Mayoral Appointments to Mayor Cohen announced his appointment of Gerald Johnson the Park & Recreation as Chairman of - the Park and Recreation Commission to Commission replace former Chairman Robert Zerban, who had recently resigned. Councilman Kuefler briefly reviewed i1ir. Johnson's background and experience, and noted that he is one of - two remaining charter members of the Park and Recreation Commission. Motion by Councilman Jensen and seconded by Councilman Kuefler to confirm Mayor Cohen's appointment of Gerald Johnson as Chairman of the Park and Recreation Commission effective immediately. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Mayor Cohen next announced his appointment of Michael O. Schroeder, 3400 - 72nd Avenue North, to the Park and Recreation Commission representing Park Service Area III and requested Council confirmation. Councilman Kuefler introduced Mr. Schroeder to members of the Council and noted that he is a 3 -1/2 year resident of the City of Brooklyn Center and has served as a member of the Park Service Area III Committee for the past two years. He stated that Mr. Schroeder would be filling the vacancy created by the resignation of Robert Zerban. Motion by Councilman Fignar and seconded by Councilman Britts to confirm Mayor Cohen's appointment of Michael O. Schroeder to the Park and Recreation Commission representing- Park Service Area III, effective immediately for a term to expire December 31, 1978. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. 9/20/76 Councilman Kuefler stated that the Park and Recreation Commission still has a vacancy for a Commissioner representing Park Service Area I, which is the southeast area of the City. The City Manager introduced the next item of business, Sale of Improvement Bonds that of a recommended resolution authorizing the sale of $980, 000 improvement bonds. He stated that these bonds are intended to cover pro' ects that have accumulated since 1971. He explained that the resolution calls for the bond bid opening to be at 2:00 p.m. Monday, October 18, 1976, in the City Manager's office of the City Hall. He reviewed the terms of conditions set forth in the resolution relating to the bond sale and noted that the resolution requires public notice of the sale in the City's official newspaper and also in COMMERCIAL WEST a financial paper published in Minneapolis A brief discussion ensued relative to the bond sale with the City Manager explaining how a City obtains a certain bond rating Member Maurice Britts introduced the following resolution and RESOLUTION moved its adoption: - NO. 76 -125 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $980,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1976 The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 76047 Application No. 76047 submitted by Vern Linder. (Vem Linder) The Director of planning and Inspection proceeded with a review of Planning Commission Application No. 76047 and the Planning Commission action at its September 9, 1976 meeting. He stated that the applicant seeks approval of a preliminary plat comprehending eight R -1 lots on the tract of land between 72nd and 73rd Avenues North westerly and a dj a cent lo Ba erg's Second Addition which was recently approved by the City Council. He further stated that each lot exceeds the ordinance minimum for R -1 interior lots. He next reviewed a transparency showing the location and configuration of the lots in question. Mayor Cohen recognized Mr. Gary Linder, representing the applicant, who stated that he had nothing further to add to the application Fallowing a brief discussion there was a motion by Councilman Action Approving Planning Kuefler and seconded by Councilman Fignar to approve Planning Commission Application Commission Application No. 76047 submitted by Vern Linder, No. 76047 (Vern Linder) subject to the following conditions: 1. Final plat is subject to approval by the City Engineer. 2 . Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 9/20/76 -2- Voting in favor were: Mayor Cohen, Councilmen Kucfler, Fignar, Jensen, and Britts. Voting against: none. The motion passed unanimously. Planning Commission The City Manager introduced the next item of business on Application No. 76048 the agenda, that of Planning Commission Application (Richard DuLac) - No. 76048 submitted by Mr. Richard DuLac, 5449 Colfax Avenue North. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76048 and the Planning Commission action at their September 9, 1976 meeting. He stated that the applicant seeks a variance from Section 35 -400 of the City Ordinances to permit a: house addition which would occupy a portion of the required minimum rear yard area, resulting in a rear yard area deficiency of approximately 1,900 square feet. He explained that the ordinance requires a minimum 30°x, of the total yard area to be rear yard, and the resulting rear yard in this case would be approximately 19% of that total. He stated that the applicant's lot, which is zoned R -2, is 125 feet by 135.6 feet and that the house is centered laterally on the lot. He further stated that the house is extraordinarily set back 73.6 feet from the front property line and that at this time the rear of the house is only 19 feet from the back property line. He explained that the applicant's proposed remodeling would remove the encroachment into the rear yard and bring the new rear yard setback of the dwelling within the ordinance mini- mum of 25 feet. The Director of Planning and Inspection next reviewed a transparency showing the location and configura- tion of the property in question, and pointed out that the property is a double lot which cannot be subdivided. A brief discussion ensued relative to the method for determining that portion of a piece of property which is considered the rear yard. Mayor Cohen next recognized the applicant, Richard DuLac; who stated that he had nothing further to add to the application. Public Hearing Mayor Cohen opened the meeting to notified property owners and recognized the resident of 5455 Colfax Avenue North who stated that he had nothing further to add to the application. Mayor Cohen referred to the Planning Commission minutes of September 9, 1976 and stated that the residents of 5455 and 5459 Colfax Avenue North at that time had stated no objection to the applicant's proposal and felt that it would enhance the neighborhood. Acticn Approving Planning Following further discussion there was a motion by Councilman Commission Application Britts and seconded by Councilman Jensen to approve Planning No. 76048 (Richard DuLac) Commission Application No. 76048 submitted by Mr. Richard DuLac, 5449 Colfax Avenue North, in that the standards for a variance are met as to uniqueness, hardship, and compliance with the intent of the ordinance; and subject to the condition that building plans are subject to approval by the Building Official with respect to applicable codes. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Jensen, and Fignar. Voting against: none The motion - passed unanimously. Planning Commission The City Manager introduced the next item of business, that Application No. 76049 of Planning Commission Application No. 76049 submitted by (Clem Rockford) Clem Rockford for American Oil Company. -3- 9/20/76 .1.. The Director of Planning and Inspection proceeded with a review of Application No. 76049 and the Planning Commission action at their September 9, 1976 meeting. He stated that the applicant's request was for a carwasher in an existing bay of the service station at 6900 Humboldt Avenue North. He explained that carwashers were special uses in the C -2 district, and the design of this operation would be "drive -in versus "drive -thru" . He stated that the proposal for the carwash was in order but that there were a number of site and building maintenance items which 'should be addressed to by the applicant such as the repair of the existing required redwood screen fence; provision for screening outside trash disposal facilities; and the installation of an underground irrigation system to facilitate maintenance. He next reviewed a transparency showing the location of the property in question and also reviewed a site plan, voting that there was adequate parking provided. -Mayor Cohen recognized the applicant, Mr, Clem Rockford for American Oil Company. Mr. Rockford stated that he had nothing .further to add to the application. In response to a question by Mayor Cohen, Mr. Rockford stated that he understood the conditions recommended by the Planning Commission. Mayor Cohen opened the meeting to notified property c :rners. Public Hearing It was noted that no one spoke relating to the application. Following a brief discussion there was a motion by Councilman Action Approving Planning Fignar and seconded by Councilman Britts to approve Planning Commission Application Commission Application No. 76049 submitted by Mr. Clem No. 76049 (Clem Rockford) Rockford for American Oil Company subject to the following conditions 1. The landscaping and green areas on the site shall be rejuvenated, including installation of an under- ground irrigation system to facilitate maintenance of those areas. 2. The required redwood screen fence shall be repaired and properly maintained, 3 Outside trash disposal and used tire storage facilities shall be properly screened. 4. The discarded metal storage shelving located behind the service station shall be repaired or removed from the premises 5. A site performance agreement and a supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of the required site improvements. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Fignar, and Kuefler. Voting against; none. The motion passed unanimously. The City Manager introduced the next item of business, that Spe cial Assessment Hearin' of the annual special assessment hearings scheduled for 8 :00 p.m. Mayor Cohen briefly reviewed the procedure that would be followed, stating that the Director of Public Works would present the projects, that the Council would then have the opportunity to comment and inquire relative to them, and that the hearing would then be opened to notified property owners for their comment. 9/20/76 -4- The Director of Public Works proceeded with a brief review of the special assessment policies, commenting that the interest rate for special assessments had been set at 8% compounded annually. Street Surfacing Improvement The Director of Public Works introduced and briefly reviewed Street Surfacing Improvement Project No. 1974 -35. Mayor Cohen opened the meeting to notified property owners It was noted that no one was present to speak for or against the proposed assessment. Motion by Councilman Britts and seconded by Councilman Fignar to close the public hearing on the assessment for Street Surfacing Improvement Project No. 1974 -35. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against :none. The motion passed unanimously. Grading, Base & Surfacing The Director of Public Works introduced and briefly reviewed Improvement Project Grading, Base and Surfacing Improvement Project No.- 1974 -16. No. 1974 -16 Mayor Cohen opened the meeting to notified property owners. It was noted that no one was present to speak for or against the proposed assessment. Motion by Councilman Jensen and seconded by Councilman Kuefler to close the public hearing on the assessment for Grading, Base and Surfacing Improvement Project No. 1974 -16. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Jensen. Voting against: none. The motion passed unanimously. Storm Sewer Improvement The Director of Public Works introduced and briefly reviewed Project No. 1975 -6 Storm Sewer Improvement Project No. 1975 -6. Mayor Cohen opened the meeting to notified property owners. It was noted that no one was present to speak for or against the proposed assessment. Motion by Councilman Kuefler and seconded by Councilman Britts to close the public hearing on the assessment for Storm Sewer Improvement Project No. 1975 -6. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen Voting against: none. The motion passed unanimously. Grading, Base and Surfacing The Director of Public Works introduced and briefly reviewed Improvement Project Grading, Base and Surfacing Improvement Project No. 1976 -1. No. 1976 -1 Mayor Cohen opened the meeting to notified property owners It was noted that no one was present to speak for or against the proposed assessment. Motion by Councilman Jensen and seconded by Councilman Fignar to close the public hearing on the assessment for Grading, Base and Surfacing Improvement Project No. 1976 -1 Voting in favor were Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Jensen. Voting against: none. The motion passed unanimously. k 9 rading, Base & Surfacing The Director of Public Works introduced and briefly reviewed provement Project No. Grading, Base and Surfacing Improvement Project No. 1976 - -2. 76 -2 Mayor Cohen opened the meeting to notified property owners. It was noted that no one was present to speak for or against the proposed assessment: Motion by Councilman Britts and seconded by Councilman Kuefler to close the public hearing on the assessment for Grading, Base and Surfacing Improvement Project No. 1976 -2. Voting in favor were Mayor Cohen Councilmen Britts Fignar,. Kuefler, and Jensen. Voting against: none. The motion passed unanimously. -5- 9/20/76 The Director of Public Works introduced and briefly reviewed Grading Base & Surfacing - Grading, Base and Surfacing Improvement Project No. 1976 -3. Improvement Project No. 1976 -3 Mayor Cohen opened the meeting to notified property owners and recognized Mr. Lester Mayo, 4950 Madison Avenue N. E., who owns the property at 5507 Camden Avenue North. Mr. Mayo requested a breakdown of costs for the assessment relating to this project and asserted that it seems that he is being assessed for portions of the project not benefiting his property. The Director of Public Works explained the costs of the project. He next reviewed a transparency showing the location of Mr. Mayo's property in relation to Improvement Project No. 1976 -3. He briefed the Council as to the history of the property and explained that the previous owner would not dedicate an easement for drainage or street and a half street was originally constructed. Because of this a cross- street Swale was put in. Mayor Cohen commented that if the City had gotten the easement originally, portions of the project would not have had to. be done now. Councilman Jensen stated that the property in question was benefited by the original project yet did not participate in paying for it, and in essence the City is now recovering a portion of that cost. Councilman Britts stated that it seems that the present property owner is paying because of the reluctance of the former property owner. The City Manager responded that the former property owner caused other citizens around the project to pay some extra costs for that project, even though the subject property was benefited. He explained when Mr. Mayo bought the property he bought the liabilities as well as the assets associated with it. He further stated that if he does not bear the cost of the project, it means the rest of the City taxpayers will have to bear the costs. A discussion ensued relative to the circumstances of the original project. The City Manager commented that the property owners in the area were aware of the easement problem and agreed to have a half street until such time as the subject prcperty would be developed. Further discussion ensued relative to the project with the Council agreeing that the proposed assessment was fair and in line with Council assessment policies. Motion by Councilman Fignar and seconded by Councilman Jensen to close the public hearing on the assessment for ` Grading, Base and Surfacing Improvement project No. 1976 -3. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. The Director of Public Works introduced and briefly reviewed Alley Paving Improvement Alley Paving Improvement Project No. 1975 -1. Mayor Cohen Project No. 1975 -1 opened the meeting to notified property owners. It was noted that no one was present to speak for or against the proposed ` assessment. Motion by Councilman Britts and seconded by Councilman Kuefler tc close the public hearing on the assessment for Alley Paving Improvement Project No. 1975-1. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The Director of Public Works introduced and briefly reviewed Alley Paving Improvement Alley Paving Improvement Project No. 1975 -2. Mayor Cohen Project No. 1975 -2 opened the meeting to notified property owners. It was noted that no one was present to speak for or against the proposed assessment. , 9/20/76 -6- Motion by Councilman Kuefler and seconded by Councilman Britts to close the public hearing on the assessment for Alley Paving Improvement Project No. 1975 -2. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Alley Paving Improvement The Director of Public Works introduced and briefly reviewed Project No. 1975 -3 Alley Paving Improvement Project No. 1975 -3. Mayor Cohen opened the meeting to notified property owners. It was noted that no one was present to speak for or against the proposed assessment. Motion by Councilman Fignar and seconded by Councilman Jensen to close the public hearing on the assessment for Alley Paving Improvement Project No. 1975 -3. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Alley Paving Improvement The Director of Public Works introduced and briefly reviewed Project No. 1975 -4 Alley Paving Improvement Project No. 1975 -4. Mayor Cohen, opened the meeting to notified property owners, and recognized Mr. Robert Trafton, 5331 Knox Avenue North. Mr. Trafton inquired as to the total cost for - the Alley Improve- ment Project between 53rd and 54th Avenues The Director of Public Works responded that the total cost was $5,918.99 Mr. Trafton further inquired as to the possibility of deferring special assessments for senior citizens which was recently permitted by State law. Mayor Cohen commented that the Legislature had made this possible, but that the City must develop a way to fund such a program. He stated that deferring special assessments for senior citizens was an item to be discussed later in the meeting and invited Mr. Trafton to observe the discussion. Mayor Cohen next recognized Mr. Al Henning, speaking on behalf of Penny Hoover, 5311 Knox Avenue North.- Mr. Henning stated that since the alley improvement project has been completed, Ms. Hoover has experienced water problems in her garage because the alley is higher. Mayor Cohen suggested that Mr. Henning contact the City Engineer for possible resolution of the problem. Motion by Councilman Kuefler and seconded by Councilman Jensen to close the public hearing on the assessment for Alley Paving Improvement Project No. 1975 -4 Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Alley Paving Improvement The Director of Public Works introduced and briefly reviewed` Project No. 1974 -20 Alley Paving Improvement Project No. 1974 -20. Mayor Cohen opened the meeting to notified property owners. It was noted that no one was present to speak for or against the proposed assessment. Motion by Councilman Fignar and seconded by Councilman Kuefler to close the public hearing on the assessment for Alley Paving Improvement Project No. 1974 -20. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar, Britts, and Jensen. Voting against: none. The motion passed unanimously. Water Hookup, Water Mayor Cohen inquired if there were any persons in attendance Installation, and Sewer that wish to speak regarding water hookups, water installa- Connection Assessments tions, and sewer connections. It was noted that no one was present to speak for or against these proposed assessments. -7- 9/20/76 Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption. NO. 76 -126 RESOLUTION CONFIRMING ASSESSMENTS FOR STORM SEWER IMPROVEMENT 1975 -6 AND STREET SURFACING IMPROVEMENT 1974 -35 AND GRADING, BASE AND SURFACING IMPROVEMENTS 1974 -16, 1976 -1, 1976 -2, AND 1976 -3 AND ALLEY IMPROVEMENTS 1974 -20, 1975 -1, 1975 -2, 1975 -3 AND 1975 -4 AND PUBLIC UTILITIES WATER HOOKUPS AND WATER INSTALLATION AND. SEWER CONNECTIONS 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, Bill Fignar, and Robert Jensen; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. The Brooklyn Center City Council recessed at 8;55 p.m. and Recess resumed at 9:10 p.m. Mayor Cohen introduced the next item of business, that of Review of Noise Abatement Plans Council review of the preliminary plans for the freeway noise abatement project on FI -94. He stated that the area to be reviewed is that area north and south of FI -94 , between the west City limits and Xerxes Avenue North. He explained that this plan also includes the area east of Brooklyn Boulevard to Xerxes which the Highway Department has agreed to incorporate into the prof ect . The City Manager stated that a number of hearings have been held by the Highway Department at which citizens' input was solicited. He further stated that the Director of Public Works. has participated in these hearings as a representative of the City and its citizens. He explained that this evening's consideration is not a formal public hearing in the normal sense., but rather a review of the preliminary plans by the Council for possible approval He commented that the Director of Public Works has prepared a slide presentation relating to the project, that representatives of the Highway Department and the Walter Butler Engineering Company are present for comments, and that a number of citizens are also present whose input the Council may wish to solicit. Mayor Cohen recommended proceeding with the Director of Public Works' presentation and then opening the meeting to interested property owners The Director of Public Works proceeded with a slide presentation relative to the noise abatement project west of Brooklyn Boulevard to the west City limits, pointing out such things as the area to be included in the project, the types of materials to be utilized for noise abatement structures and the location of the structures in relation to the freeway and the adjacent properties. He explaine d that the entire cost of the project will be financed through Federal and State funds and that there will be no direct costs or assessments to adjacent property owners. Mayor Cohen requested information relative to a timetable for completion of a proposed earthen berm noise abatement structure for part of this project. The Director of Public Works stated the earthen berm project would require acquisition of the property needed, the submission of various reports, public hearings, time for appraisals, and time for the property owner to accept or reject the appraisals given. He explained that these various requirements would consume the better part of a year and if there were condemnation proceedings a minimum of one additional year would be needed before the project could commence. He further stated that in terms of time this would mean the earth berm project would begin in 1978 if no condemnation proceedings are needed or in 1979 if condemnation proceed - ings are required. He added that construction for the masonry wall concept is scheduled to begin in the spring of 1977 and be completed in the fall of 1977. Mayor Cohen then opened the meeting to interested property owners and requested that comments be limited at this time to the proposed project from Brooklyn Boulevard to the west City limits along FI -94. Mayor Cohen recognized Patricia Weitzel, 4418 - 66th Avenue North, who expressed the opinion that the area south of FI -94 and east of Noble Avenue should have a earthen berm noise abatement structure She stated that such a structure would be more aesthetic, would help alleviate the problem caused by motorcyclists using this area for riding and would be well worth.any possible delay in the project. Mayor Cohen then recognized Mr. Miranowski, 5324 Howe Lane, who stated that these noise abatement walls were not being put up for beautification purposes but rather for noise abatement. He expressed the opinion that the walls should be put up immediately with no delay. Mayor Cohen next recognized Mr. Bill Gausman, 4413 - 66th Avenue North, who stated he favors going ahead with the project immediately. Mr. Richter of 4600 66th Avenue North stated that the project should be completed as soon as possible. Mayor Cohen next recognized Mr. Daas, 5118 Howe Lane, who stated that the noise problem by the Gordon property (the property south of FI -94 and east of Noble Avenue) is not as serious as in other areas of the project. He commented that to delay the entire project because people in the area of the Gordon property want an earthen berm structure would not too a b the project. be fai r thems affected The Director of Y Public Works clarified that any delay associated with acquir- ing the property in question for an earthen berm noise abate- ment structure would affect only that portion of the project and the remainder of the project would proceed according to schedule. Mayor Cohen again recognized Mr. Daas , 5118 Howe Lane, who stated that the two stage project would be acceptable to him. provided there is no delay in the remainder of the project. He concurred with some of the previous comments relative to the problem on the Gordon property due to motorcyclists and snowmobilers . A brief discussion then ensued among members of the Council relative to the noise abatement project. Councilman Jensen noted that the decibel readings indicate that the area west of Noble Avenue is in need of noise abatement structures immediately. He requested further comments from persons living in the immediate vicinity of the Gordon property . Mayor Cohen recognized Mr. Roering, 4606 - 66th Avenue North, who stated put the wall up now and be done with it. -9 9/20/76 Mayor Cohen recognized john Pink, 4518 - 65th Avenue North, who favored putting the wall up immediately. Mr. Don Watschke, 4500 66th Avenue North, stated that a short range solution to the problem would be to build the wall immediately and forget about the berm. He stated that the Tong range problems regarding the use of the land in question must also be considered. He explained that he favors acquiring the land and constructing a berm as a means of addressing these long range problems. Mr. Roering, 4606 66th Avenue North, inquired as to the status of the Gordon property if the land is not acquired and only a wall is put up. Mayor Cohen responded that if only a wall is erected and the land not acquired, status of the Gordon property would be as it is now. A brief discussion ensued relative to maintenance and drainage of the property in question. An unidentified citizen inquired if the City has an interest in obtaining the Gordon property for use as a park or other public recreational area. The City Manager responded that there has been no official interest on the part of the City to acquire the Gordon property for park purposes. He stated that the area does not lend itself to this type of use. In response to an inquiry by Councilman Britts, the Director of Public Works stated that - the noise abatement project is scheduled to begin in the spring of 1977 to be completed in the fall of 1977, and that if it is decided to erect a berm on the Gordon property, that portion of the project would begin in the spring of 1978. Further discussion ensued relative to the noise abatement project. Mayor Cohen suggested that further input be sought from the persons living on 66th Avenue North adjacent to the Gordon property for their preferences regarding an earthen berm or a noise abatement wall similar to that of the remainder of the project. In response to a question by Mayor Cohen, Mr. Walter Butler of Butler Engineering Company, consultant for the project, stated that they desire approval of the majority of the project to continue planning for construction. Richard Borson of the Minnesota Highway Department concurred. The City Manager suggested that the Director of Public Works meet with the affected residents along the north side of 66th Avenue North - to explain the possible alternatives and to seek out the property owners preferences and to report the results to the City Council. Following a brief discussion it was the consensus of the Council that the Director of Public Works seek further opinion as to the alternatives for the area in question. The Director of Public Works next reviewed the preliminary plans for the area north of the freeway between Brooklyn Boulevard and the west City limits He reported that the plans call for the noise abate- ment wall to be moved closer to 67th Avenue North in the area between Orchard and Scott Avenues North. Mayor Cohen recognized Mr. jonnes, 6700 Perry Avenue North, who . stated he had no preference as to the location of the wall in relation to 67th Avenue North. Following a brief discussion it was the consensus of the Council that the plans for •the noise abatement project north of FI -94 between Brooklyn Boulevard and the west City limits be approved as indicated on the preliminary plan. I 9/20/76_ -10_ The Director of Public Works next reviewed the noise abatement project plan for FI -94 east of Brooklyn Boulevard to Xerxes Avenue North. He reviewed slides showing the proposed location of the noise abatement structures. Mayor Cohen opened the meeting to interested citizens It was noted that no one spoke relating - to this portion of the project. A brief discussion ensued relative to modifications to a resolution approving the preliminary noise abatement plan. It was the consensus of the Council that`the resolution be modified to indicate that the preliminary approval for an earthen berm for the area south of FI -94 and approximately 1, 600 feet east of Noble Avenue is subject to further review by area residents. RESOLUTION Member Bill Fignar introduced the following resolution and NO. 76 -127 moved its adoption: RESOLUTION APPROVING PRELIMINARY PLANS FOR NOISE ABATEMENT STRUCTURES ALONG F .I 94 FROM THE WEST CORPORATE LIMITS TO XERXES AVENUE NORTH IN THE CITY OF BROOKLYN CENTER 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, Bill Fignar, and Robert Jensen; 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 10 :25 p.m. and resumed at 10:45 p.m. SOLUTION Member Robert Jensen introduced the following resolution and NO. 76 -128 moved its adoption: RESOLUTION AMENDING THE 1976 GENERAL FUND BUDGET 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: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolution NO. 76 -129 and moved its adoption RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 76034 SUBMITTED BY BROOKLYN CENTER INDUSTRIAL PARK, INC. 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: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the _following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -11- 9/20/76- Member Bill Fignar introduced the following resolution and RESOLUTION -moved its adoption: NO. 76 -130 RESOLUTION ACCEPTING QUOTATION OF ONE CONTROL PANEL FOR SANITARY SEWER LIFT STATION NO. 3 LOCATED AT WEST - PALMER LAKE DRIVE BETWEEN URBAN AVENUE NORTH AND 69TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; 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 adoption: NO. 76 -131 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED .PUBLIC SERVICE OF THE BROOKLYN CENTER BICENTENNIAL COMMISSION 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, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Fignar and seconded by Councilman Licenses Kuefler to approve the following licenses; GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Hilger Transfer, Inc. 8550 Zachary Lane MECHANICAL SYSTEMS LICENSE Carlson Store Fixture Co. 137 E. Island Avenue RENTAL DWELLING LICENSE Renewal: Richard W. Jiudice 5301 Dupont Ave. N. Fred Ledin 5843 Fremont Ave. N. Albert & Gladys Johnson 5547 Lyndale Ave. N. Kenneth W. Kunz 5 601 Lyndale Ave N Gary & Vickie Sodahl 610 53rd Ave . N . Jack & Elizabeth Fahrenholz 620 - 53rd Ave. N. Robert Bobleter 5324 - 28 4th St. N. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Jensen. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business. He Deferred Special Assessments stated that the Council had been furnished with information ° supplied by Councilman Jensen relating to deferred special assessments for senior citizens. Councilman Jensen referred to the information and stated that the State Legisla- ture had recently authorized municipalities to defer special assessments for senior citizens. He explained that the City of Bloomington had adopted, by resolution, such a plan that would defer these assessments until such time as the property is sold or transferred. He suggested that further review be given to this matter for possible action which may well assist elderly persons in need of relief. A brief discussion ensued with Mayor Cohen suggesting the City Manager analyze the matter and develop possible recommendations that are within our local means of financing. Motion by Councilman Britts and seconded by Councilman Jensen to direct the City Manager to review the matter of deferred special assessments for needy senior citizens and to report to the Council possible recommendations leading to the implementation of such a policy. VotinT in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Replacement Trees The City Manager introduced the next item of business on the agenda, that of a proposal to offer free replacement trees to people who have had to remove trees lost to Dutch Elm disease. He stated that the City maintains a nursery in the vicinity of 69th and Dupont Avenues North and that this nursery is presently in need of thinning. He explained that approximately 300 trees, l - 2 inches in diameter, need to be removed. He proposed that these trees be offered at no charge to persons who have -lost trees to Dutch Elm disease as a reforestation method. He explained that persons wishing to obtain one of these trees would be responsible, under City supervision, for removing them from the nursery. He stated that any trees not claimed by persons who have lost trees to Dutch Elm disease would then be made available on a first come basis to any other citizens wishing to obtain them. Following a brief discussion there was a motion by Councilman Jensen, seconded by Councilman Kuefler to authorize the City Manager to dispose of surplus trees in the City's nursery by affording citizens the opportunity to acquire these trees .according to the following priority: 1. Top Priority will be given to citizens that have lost trees to Dutch Elm disease. 2. Any other citizen who wishes to obtain trees on a first come first service basis. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Jensen. Voting against: none. The motion passed unanimously. 1977 Budget Hearing Motion by Councilman Jensen and seconded by Councilman Fignar to reconvene the 1977 budget hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Jensen. Voting against: none The motion passed unanimously. The City Manager proceeded with a continued review of - the departmental appropriations and expenditures. The first account considered was that of Planning.and Inspection. He stated that there were no significant changes to this account except in the area of the department's personnel complement where the creation of a new position is recommended. He explained that the new position recommended is that of an entry level inspection aide to assist in housing inspections public inquiries, and housing program administration. He* explained that it is also recommended that one of the two inspector positions be downgraded somewhat and responsible for general inspections. This will leave the department with an inspector/building official which will remain at the present - level of an inspector; an inspector at a salary somewhat less than that of the inspector /building official which reflects the difference in the degree of responsibility; and the new entry level inspection aide position. A brief discussion ensued relative to the personnel recommenda- tions with the City Manager explaining that these modifica- tions are in line with the reorientation of the department from its earlier primary mission of providing new construction -13- 9/20/76 4 T 9a inspection services to a primary mission of planning and maintenance inspection services and housing program administration. The .City Manager next reviewed the Emergency Preparedness account, formerly known as Civil Defense. He stated that one of the major undertakings reflected in this account is the coordination this function will perform in providing the cardio- pulmonary resuscitation program previously addressed to. He noted that many of the capital outlay items are directly related to that program. He explained that a number of emergency items requested in the Fire Department proposal are recommended to be purchased under this account to take advantage of possible Federal matching funds The City Manager stated - that upon talking with Chief Boman regarding a justification for two portable radio units for the Fire Department, it is recommended that the capital outlay portion of this account be amended to reflect the inclusion of two portable radios for a total of $1600. He explained that the purchase of these radios is subject to a subsequent review of the entire public safety emergency radio system. The next accounts reviewed were those of Animal Control and the Engineering Department. The City Manager noted that there were no major changes in these accounts which reflects a recommendation to continue the present level of service. The next account considered was that of Street Construction and Maintenance. The City Manager briefly reviewed the effects Dutch Elm disease has had on this account. He stated the City's Dutch Elm, disease sanitation program has been successful, but that continuation of the sanitation program will cause increased expenses in this area. He noted that one such capital outlay expense that is being requested under the Parks Department is an aerial bucket. He explained that this item will be utilized for taking samples of suspected diseased elm trees and also to service the lights in City parks. The City Manager commented that the costs associated with renting such a vehicle and the difficulty of obtaining such rental units justify its purchase. The City Manager commented regarding the ongoing street sealcoating program and staffed that it is recommended that this program be accelerated to handle the normal 15 miles of sealcoating plus an additional 12 miles. He cited the anticipated increasing costs of sealcoating materials as a basis for this recommendation. The City Manager next reviewed the capital outlay portion of the Street Construction and Maintenance account. The City Manager then reviewed the Vehicle Maintenance account and stated that this is the second year that this account has been listed separate from the Street Maintenance account. He explained that the increased costs of motor fuels and like type commodities has.had a substantial effect on the costs associated with this account over the past few years and will continue to have similar effects in future years. Councilman Fignar left the table at 11:53 p.m. and returned at 11:55 p.m. The next accounts reviewed were those of Traffic Signals, Street Lighting, Weed Control, Health Regulation and Inspection and Home Nursing. Councilman Kuefler left the table at 12 :05 a.m. and returned at 12:08 a.m. 9/20/76 -14- • The City Manager next reviewed the Parks and Recreation accounts which include Recreation and Park Administration, Adult Programs, Teen Programs, Children's Programs, General Programs, the Community Center, and Parks. He stated that there were no significant changes to the Recreation and Parks Administration account which reflects a continuation of the present level of service. The City Manager next reviewed the various program accounts, pointing out that these programs are expected to be as self - supporting as possible, particularly the Adult Programs, through the use of user's charges. He stated that it is anticipated that out of the $42,590 to be expended under the Adult Programs, approximately $42,520 is anticipated in revenues from user's fees. Mayor Cohen left the table at 12:20 a.m. and returned at 12:22 a.m. Councilman Kuefler referred to a letter he had received urging the Council not to discontinue its present financial support of the Harmonettes and requested clarification from the City Manager. The City Manager responded by reviewing the history of the former City adult choir which evolved into a group known as the Harmonettes. He explained that the Director of the Harmonettes had been retained by the City to direct the Children's Chorus. He stated that the Director has mistakenly believed that the City was compensating her as Director of the Harmonettes while,in fact, the City was only compensating her for services rendered to the Children's Chorus . He further stated that the City has never officially subsidized the Harmonettes. Councilman Britts left the table at 12:26 a.m. and returned at 12:29 a.m. The City Manager next reviewed the Teen Program account and noted that $10,150 of the anticipated $11,700 Teen Program expenditure will be recovered in the form of revenues from fees. Regarding the Children's Program the City Manager stated that $25,115 is anticipated to partially offset the $38,705 expenditure. He explained that the boys and girls baseball program for children will be discontinued due to a lack of participation. He next reviewed the General Programs account and stated that $17,960 in revenue from fees is anticipated in comparison to a $33,760 expenditure. He explained that the major cost associated with this program is in conjunction with, providing and maintaining skating rinks where no user's fees are charged. The City Manager next reviewed the Community Center account and a lengthy discussion ensued relative to the operational costs and revenue generated under this program. The City Manager presented a review of the 1975 Community Center Operating Statement. He explained the City's tradi- tional policy regarding the operation of the Community Center, which is unlike many other communities that operate recrea- tional complexes in that all allocable expenses are charged against the operation of this facility. -15- 9/20/76 He stated that in 1975 the Community Center derived revenue in excess of direct expenses in an amount of $46,559. He further stated - that when allocated expenses such as heat, electricity, insurance, custodial services, telephone, repairs and maintenance, and administrative services were charged to the Community Center account the result was operating expenses in excess of revenues in an amount of $75,664. The City Manager stated that revenues from the Community Center are expected to be approximately $166,800 in 1977 with a net revenue of approximately $39,300 after direct expenses. He further stated that the total expenses in excess of operating revenues for the Community Center in 1977 is expected to be approximately $70,000. He next reviewed a comparison of revenues received from the Community Center operation from 1973 through the 1976 estimate He stated that the decreasing tax subsidy reflects good management of the Community Center operations. Further discussion ensued relative to the Community Center operation with the City Manager commenting that the Community Center pool will probably be closed twice a year in the future rather than just once a year for cleaning and maintenance. The next account considered was the Parks account. The City Manager reported that there were no significant changes to this account. He briefly reviewed the capital outlay portion of the Parks account and stated that it is recommended that paving and curbing of park parking lots, which is warranted, be included as a capital project under a possible capital improvement bonding program. He also stated that requests for a new shelter building at Brooklane Park and tennis courts at Evergreen Park have not been recommended and should also be included in a bonding program. Councilman Kuefler recommended including the construction of tennis courts at Evergreen Park which he stated would be in keeping with the Council's recent practice of including at least one capital improvement item for the parks until a capital improvement bonding program is developed. A brief discussion ensued relative to including this item as a capital outlay item in the Parks 1977 account. It was the consensus of the Council to add $15,000 to the Parks capital outlay account for tennis courts for Evergreen Park. The City Manager then proceeded with a review of the Unallocated -Labor account and the Contingency account. Mayor Cohen reported on the status of Dutch Elm disease funding by the State Legislature. He explained that the Legislature may authorize municipalities to make special levies for Dutch Elm disease programs. He suggested a special levy might be made for a Dutch Elm control program contingent upon the possibility that the State Legislature will authorize such a levy. The City Manager responded that if the Council desires to get into a subsidy program for Dutch Elm disease, that he would so recommend that a special levy be utilized in the hopes that the Legislature will authorize it. A brief discussion ensued relative to an appropriation for Dutch Elm disease control and subsidy program. It was the consenus of the Council to add $10,000 to the Contingency account for purposes of a Dutch Elm disease control program. The City Manager reported - that there were some recommeiiued additions to the capital outlay portion of the Fire Protection account. He explained that these items had recently been justified to him and include the following the addition of 12 fire coats rather than 6 for a total cost of $1,020; the addition of 11 pair of fire boots rather than 5 for a total cost of $495; and the inclusion of 6 helmets for a total cost of $300. Following further review and discussion of the budget there was a motion by Councilman Jensen and seconded by Councilman Fignar to close the 1977 budget hearing and to direct the City Manager to prepare the necessary resolutions for adoption. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Jensen. Voting against: none The motion passed unanimously. Adjournment of Budget Motion by Councilman Kuefler and seconded by Councilman Hearing Fignar to adjourn the budget hearing until October 4, 1976. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilman Kuefler and seconded by Councilman Fignar to adjourn - the meeting. doting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 1:50 a.m. Clerk Mayor -17- 9/20/76