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HomeMy WebLinkAbout1976 07-26 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 JULY 26, 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 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 Adminis- trative Assistants Leon Beasley and Ronald Warren Councilman Britts had previously announced that he would be out of town during the July 26, 1976 City Council meeting and, therefore, was excused. Approval of Minutes Councilman Jensen recommended an addition to page 7 -12 -76 four of the July 12, 1976 minutes relating to a question he i;ad uirected to Planning Commission Chairman Robert Foreman. He requested that the question be specifically included in the record. Motion by Councilman Kuefler and seconded by Councilman Jensen to approve the minutes of the July 12, 1976 City Council meeting as amended. Voting in favor were Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against. none. The motion passed unanimously. Subdivision Bond Motion by Councilman Fignar and seconded by Reduction ( Swanco, Councilman Kuefler to authorize reduction of a sub- Inc. & Scherer division bond, submitted by Swanco, Inc. and Scherer Bros. Lumber Co.) Bros. Lumber Co. in 1971, from $65,000 to $10,000 for the balance of improvements associated with the West River Estates Subdivision. Voting in favor were Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. MTC Bus Routes The City Manager introduced the next item of business on the agenda, that of a proposed bus route extension in Brooklyn Center. He stated that bus route approval is generally a routine matter, but that review of this item also gives the City Council an excellent oppor- tunity to review the overall bus route extension program proposed by MTC for Brooklyn Center and the immediate area. The Director of Public Works proceeded to review slides showing the existing bus routes and proposed new bus routes for the area. He explained that a major concern of a committee reviewing the system of existing and proposed routes was that most bus routes primarily service the downtown area with relatively little service provided directly between points outside the downtown area. -1- 7 -26 -76 A brief discussion ensued relative to the proposed and existing: routes, and also to the criteria utilized for plan- ning bus routes . The Director of Public Works stated that the proposal for bus service includes six new routes that all pass through the Brookdale Shopping Center. He explained that Brookdale is considered a major generation area and is looked at as a bus terminal or transfer point. The Director of Public Works next reviewed the- proposed bus route extension in Brooklyn Center for which the MTC has requested authorization from the City Council to operate. He also reviewed a companion proposal that would discon- tinue existing bus service on 65th Avenue North, between Xerxes and T.H. 152. He noted that this discontinuance is not a part of the approval requested by the MTC, and will not take place immediately. A discussion ensued relative to the discontinuance of the existing bus service between'Xerxes and T.H. 152 on 65th Avenue North. Mayer Cohen requested further information regarding the proposed abandoning of this route segment, such as when tho discontinuance would take place and the amount of inconvenience to e p ogle serviced by this existing .route segment. Councilman Jensen expressed the opinion that the Council must look at the total level of service provided in the area, but also must be concerned with the effect the specific proposals have on the bus service provided in Brooklyn Center. In response to a question by Councilman Kuefler, the Director of Public Works stated that express routes between suburban points are planned for approximately 1980. Following further discussion there was a motion by Action Approving Councilman Jensen and seconded by Councilman Kuefler MTC Bus Routes to approve the extension of MTC bus routes in Brooklyn Center as follows: on Xerxes Avenue North from 65th Avenue to Shingle Creek Parkway; on Shingle Creek Parkway from Xerxes Avenue to 69th Avenue; on 69th Avenue from Shingle Creek Parkway to France; and on France Avenue between 69th and the City limits at 73rd Avenue. Voting in favor were Mayor Cohen; Councilmen Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 76009, Application Nos. 76009 submitted by W. J. Dale. He recommended that Planning (W. J. Dale) and 76020 Commission Application No. 76020, initiated by the City, (City of Brooklyn be considered at the same time because its final dis- Center) position is contingent upon the disposition of the Dale application. The Director of Planning and Inspection proceeded to review Planning Commission Application No. 76009 which consists of a request to rezone from I -2 to C -2, the approximately 6 acre multi - parcel tract lying southerly of Lakebreeze Avenue, easterly of Azelia Avenue, and westerly of T.H. 100. He explained that Planning Commission Application No. 76020, initiated by the City, was a proposal to rezone, from I -2 to C -2, the contiguous property located north and westerly of T.H. 100 and south 7 -26 -76 -2- i of the property owned by Mr. Dale. He noted that it would be reasonable to apply the advantages and dis- advantages of a proposed rezoning action to this land as well as the Dale land. He next reviewed the Planning Commission action at the February 12, April 15, and July 8, 1976 meetings. He stated that Planning Commission Application No. 76009 was originally tabled by the Planning Commission for further review by the Southwest ,Neighborhood Advisory Group and to permit the applicant the opportunity to develop a conceptual master plan incorporating pertinent interim development proposals by the Highway Depart- ment which would affect the property and to allow further analysis by the applicant and the staff with respect to traffic generation and the ramifications of possible different land uses in the area. He further stated that Application No. 76009 and 76020 had been reviewed by the Planning Commission and tabled on April 15, 1 976 so the applicant could prepare a pre - liminary plat and conceptual layout of the tract- of land comprehending proper engineering and access features. Ile noted that on July 8, 1976 the Planning Commission recommended approval of both applications. The Director of Planning and Inspection next reviewed slides showing the location and configuration of the properties in question. A brief discussion ensued relative to the concerns expressed by the Planning Commission in their review of the applications, such as the various highway right -of -way concepts, under consideration by the Highway Department, that would affect both tracts of land and also the timing for their implementation. Mayor Cohen recognized the applicant, W. J. Dale, who produced an, artist's rendering of the area proposed for rezoning and reviewed it with the Council. Public Hearing Mayor Cohen opened the meeting to notified property owners and recognized Mr. Fadden, 4711 Azelia Avenue North, who spoke favorably of the rezoning request. Further discussion ensued with Councilman Jensen pointing out that the rezoning of this land may add to the acquisition costs which would be incurred by the Highway Department when it acquires highway right -of -way land. The Director of Public Works responded that highway development in this area is not in the immediate plans of the Highway Department, and may not take place for another 15 to 20 years. The City Manager pointed out that Highway Department conceptual plans for an interchange at France Avenue and T. H. 100 came about after a number of serious automobile accidents in this area, and also during a time when there was an abundance of highway construction funds. He stated that since that time the Highway Department has been forced to change its priorities due to=a cutback in funds. i - 3 - 7 -26 -76 Following further discussion there was a motion by Action Approving Councilman Fignar and seconded by Councilman Kuefler Planning Commission to approve Planning Commission Application No. 76009 Application No. 76009 submitted by W. J. Dale in that: C -2 zoning is deemed (W. J. Dale) an appropriate land use for the area as more desirous than industrial land use in terms of properly planned enhancement of the neighborhood which contains no developable C -2 land,- the proposal has been reviewed and recommended by the Southwest Neighborhood Advisory Group; and the neighboring property owners have voiced support for the proposal,- and, subject to the condition that the property shall be replatted prior to development according to the requirements of Chapter 15, taking into account current planning information available from the State Highway Department and the need to minimize development impact upon the residential neighborhood. Voting in favor were' Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen. Voting against.- none. The motion passed unanimously. The Director of Planning and Inspection next reviewed a transparency showing the location and configuration of the property proposed for rezoning Wunder Planning Commission Application No. 76020. In response to a question by Councilman Kuefler the Director of Planning and Inspection stated that the property owners are aware of the proposed rezoning action and have no objections to it. Mayor Cohen opened the meeting to notified property Public Hearing owners. It was noted that no one spoke relating to the application. Following further disouuss ion, there was a motion by Action Approving Councilman Jensen and seconded by Councilman Kuefler Planning Commission to approve Planning Commission Application No. 76020, Application No. 76020 Initiated ' by the City of Brooklyn Center, citing the (City of Brooklyn reasons of approval for Application No. 76009 and the Center) merit of establishingthe C -2 zoning on an area -wide basis. Voting in favor were Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 76035, Application Noo 76035 submitted by Douglas' Peterson. (Douglas Peterson) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76035 and the ' Planning Commission action at their June 10 and July 8, 1976 meetings. He stated that the applicant seeks rezoning from R -1 to R-2, of the 15,495 square foot lot at 7212 Lyndale Avenue North to permit con- struction of a duplex, He explained that the application was tabled at the June 10 Planning Commission meeting and referred to the Northeast Neighborhood Advisory Group, which recommended approval of the rezoning and concurred with the Commission's suggestion that the adjacent lot of comparable size also be included in the action. He stated that the owner of the adjacent pro- perty, Mr. Steven Boone, concurred with the proposed action. He noted that both parcels were included in a 1973 request (Planning Commission Application No. 73004) 7 -26 -76 -4- which authorized the rezoning of these properties to R -4. He explained that the properties were not developed by the then applicant and the rezoning had not been finalized by ordinance amendment. He com- mented that the proposed rezoning would permit either a single family or two - family dwelling on each lot and represents a lower density than the previously approved R -4 zoning. He stated that the Planning Commission had recommended approval of the rezoning request. The Director of Planning and Inspection next reviewed a transparency showing the location and configuration of the two pieces of property in question and their relation to each other and the neighboring property. A brief discussion ensued relative to the application. Mayor Cohen recognized the applicant, Douglas Peterson, who stated that he had nothing further to add to the application. Public Hearing Mayor Cohen opened the meeting to notified property owners. It was noted that no one spoke relating to the application. Action Approving Following further discussion there was a motion by Planning Commission vounciiman Fignar and seconded by Councilman Jensen Application No. 76035 to approve Planning Commission Application No. 76035, (Douglas Peterson) submitted by Douglas Peterson, voting that the approval involves both parcels comprehended in the earlier Planning Commission Application No. 73004 and noting the compatibility of the proposed R -2 zoning with the established multi- family zoning in the area, as well as the single family development to the east. Voting in favor were Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen. Voting against- none. The motion passed unanimously. Planning Commission The City Manager introduced the next item of busine-ss Application No. 76040 on the agenda, that of Planning Commission. (Titus, Inc.) Application No. 76040, submitted by Titus, Inc. with the Dayton Development Company, The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76040 and the Planning Commission action at their July 8, 1976 meeting. He stated that the applicant seeks site and building plan approval for a proposed 9, 800 square foot retail center on the approximate 46,000 square foot site immediately north of the Dayton - Bachmann s Garden Store at the southwest corner of Shingle Creek Parkway and County Road 10. He commented that the development represents the culmination of the east perimeter development of the Brookdale Shopping Center, an area once comprehended as parking lot expansion for the center. He explained that this development has a parking deficiency of approximately 37 spaces which the applicant proposes to accommodate through a joint parking agreement with the Dayton Development Company, which retains a 150 foot wide strip between this site and the theater property. He further explained that the 150 foot strip has been paved and is currently by the theater which also has a parking deficiency of approximately 100 spaces. He stated that the use of the property by the theater is based upon a private easement agreement, -5- 7 -26 -76 which was acknowledged b g y the Cit y Council. He explained that early files, private agreements, plans and surveys a. ys ve been reviewed and that there is enough surplus parking: for this proposed use and the theater. The Director of Planning and Inspection next reviewed a transparency showing the location of the property in question. A brief discussion ensued relative to the overall number of parking spaces available for the con- cerned properties. The Director of Planning and Inspection stated that a subsequent Planning Commission Application to be reviewed at this meeting,is a joint parking agreement between the parties. Mayor Cohen recognized Mr. Thomas, representing the applicant, who stated that he had nothing further to add to the application. Following a brief discussion there was a motion by Action Approving Councilman Kuefler and seconded by Councilman Jensen 'Planning Commission to approve Planning Commission Application No. 76040, Application No., 76040 submitted by Titus, Inc. with Dayton Development (Titus, Inc.) Company, subject to the following conditions: 1. Building plans are subject to approval by the Building Official with respect to applicable codes. 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer. 3. A performance agreement and supporting financial guarantee (ini an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The property shall be subdivided, through plat or registered land survey, prior to occupancy. 5. The parking space deficiency, shall be resolved through an approved joint parking agreement per Section 35-720, with Dayton Development Company who owns the adjacent land designated as parking; the use of said adjacent parking area by the theater shall also be approved through joint parking agreement, as required by Council Resolution No. 69 -34; said agreement shall be approved prior to the issuance of permits; and the application for approval of those parking agreements shall include a parking plan of the 150 foot wide area owned by Dayton Development Company. 6. Any outside trash disposal facilities and all rooftop mechanical equipment shall be appro- priately screened. Voting in favor were Mayor Cohen, Councilmen'Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council recessed at 9002 p.m. Recess and resumed at 9027 p.m. 7 -26 -76 -6- Planning Commission The City Manager introduced the next item of business, Application No. 76042 that of Planning Commission Application No. 76042 (Stanley Westrom) submitted by Stanley Westrom, 5312 Irving Avenue North. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76042 and the Planning Commission action at their July 8, 1976 meeting. He stated that the applicant seeks a variance to construct a major addition onto a dwelling which is noncomplying as to yard setback. He stated that Section 35 -111 provides that nonconforming, as contrasted to noncomplying, structures may not be enlarged or structurally altered. He explained that the structure sr,ts on a 50 foot wide lot and was built in 1940, and that there is an approximate 6 foot side yard setback deficiency on the north side. He stated the applicant intends to add a living area addition and deck and to redo the exterior finish of the dwelling. He explained that the proposed addition is on the south side of the house and would comply with setbacks while not aggravating the side yard deficiency. He next reviewed a transp arency showing the location of the property in question, .M 7% 1 _i�f disca�ssion ensued relative to the difference between a nonconforming and a noncomplying situation, The City Attorney explained that the theory relating to a distinction of these terms is that the term noncon- forming use generally applies to a situation where the use of the land does not conform to the zoned use of that land, while the term noncomplying generally refers to a situat 7�n where a structiilLne in not in compliance with various codes, such as a Building Code, He stated that the theory goes on to indicate th at it is not as important that a building be it compliance with the various codes as it is for the use of the land to be used in conformance with its zoning designation. Following further discussion Mayor Cohen recognized the applicant, Mr. Stanley Westrom, who :stated that he had nothing further to add to the application. Public Hea e op th Hea ring Mayor Coh op ,�_ -ed she m�.etnbg to notified proper y owners. It was noted that no one spoke relating to the application . Action Approving Following further discussion there was a motion by Play n n'ng Cornrn sion Councilman Jensen and seconded by Councilman Fignar Application 76042 to approve Planning Commission Application No. OS anl.'ey Wes rorn) 76042 submitted by Mr. Stanley Westrom in that, the request satisfies the ordinance standards for a variance and, in particular, that the situation was not created by the applicant; the proposed addition does not involve the yard deficiency; and noting the basis for similar action for a neighboring property and the resultant enhancement of the older southeast neigh- borhood; subject to the following. a. The proposed addition shall conform with current setback requirements. -7® 7 -26 -76 b. The exterior finish of the existing structure shall be rejuvenated so to be compatible with the finish of the new construction. c. The entire structure shall be brought into com- pliance with applicable Building Codes as determined by the Building Official. Voting in favor were Mayor Cohen, Councilmen Kuuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business Planning Commission on�the agenda, that of Planning Commission Application Application Nos. 76043 Nos. 76043 and 76046 submitted by Dayton Development and 76046 (Dayton Company. Development Company) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76043 and the Planning Commission action at their July 22, 1976 meeting.' He stated that the applicant was re- questing approval of a preliminary registered land survey, cong1sting of three tracts lying between the Plitt Theater' property on the east and.the Brookdale Shopping Center on the west. He explained that the land included the bulk of the east Brookdale parking area, the east perimeter road, the sites of the Dayton gas station and Dayton Bachman °s Garden Center, the pro - posed Titus commercial center site, and the 150 foot wide parking area west of the theater property. He noted that one of the conditions of Planning Commission Application No. 76040, approved by the Council earlier in the evening, was that the property shall be sub- divided through plat or registered land survey, prior to occupancy of the proposed Titus retail center. The Director of Planning and Inspection proceeded to review the preliminary R.L.S. with the Council and noted the conditions of approval recommended by the Planning Commission. The Director of Public Warks suggested that there should be a provis icn made for sidewalk easement across the property to County Road 10. Mayor Cohen recognized Mr. George Bestrom, represe the applicant, whs� stated that he had nothing further to add to t ,!q application. Mayor Cohen next opened the meeting to notified property Public Hearing owners. It was ���lotad that no one spoke relating to the application. Following a brief discussion there was a motion by Action Approving Couuncilnman'Kuu and seconded by Councilman Fignar Planning Commission to approve Planning Commission Application No. 76043 Application Noe . 76043 submitted by Dayton Development Company subject to the (Dayton Development following: Company) 1 ,. The final registered land survey is subject to review by the City Engineer. 7 -26 -76 -8- 2. Final registered land survey is subject to the requirements of Chapter 15 of the City Ordinances. 3. The final registered land survey shall be filed with the County prior to occupancy of the development comprehended under Planning Commission Application No. 76040. 4. The applicant shall provide a seven foot walk- way easement approved by the City Engineer. Voting in favor were Mayor Cohen, CouncilmenKuefler Fignar and Tensen. Voting against. none. The motion passed unanimously. The Director of Planning and Inspection next reviewed Planning Commission Application No. 76046 submitted by Dalton Development Company. He stated that the application was for approval of a joint parking agree- ment between the applicant (Dayton Development 'Company), the owners of the theater property (Plitt Theater:,) 9 and the owners of the proposed retail center approved under Application Nc. 76040 (Titus Inc.). He stated that the applicant owned a 150 foot wide i tiip of land extending from County Road 10 to the Highway 100 right -of -way west of the Plitt Theater property, which was currently utilized as parking by the theater. He F tat(:3d he theater has a deficiency which hay been acco modated by a private easement with the applicam since 1060. He further stated that the City Council had reco gnAzed this easement when the theater wan, (approvad and, pnomide' throug Rey scl' No. 69 -34, that a fnrmn, c nt agreement wculd b necessarm when. Brockdalc expansion warranted it. 0 �� - A br�ex, d �.6; �` �1 *��ed r�f� ((�� t he ' � I i i�° q �p }�p� �,+�, i�tl.de t® sS'kG ��JS.�.� ��r.S�Adffig agreement. The D ",rector of Planning and Inspection stated that there is adequate parking for all the parties concerned and that it i now a matter of legally recog- nuizing Vie agrec7 mer-A. Mayor Cohen recognized Mr. George Bestrom representing the applicant, who stated that he had nothing further to add to the application. Actlon Approlving Following a brief discussion there was a motion by Plan inn Cornraisslon Councilman Fignar and , seconded by Councilman Kuefler Appiloation No. 76046 to approve Planning Commission Application No. 76046 (Dayton Development submitted by Dayton Development Company subject to Co ipany) the following- 1 . The agreements are subject to review, approval and legal encumbrance requirements of Section 35 -720 of the City Ordinances. 2. The agreement relative to the retail development comprehended by Planning Commission Application No. 76040 shall be finalized and filed prior to issuance of permits for that development. - 9 - 7 -26 -76 3. The applicant shall assure that design of the subject parking area shall be compatible with all points of ingress and egress from adjacent service roads. Voting in favor were Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen. Voting against.- none. The motion passed unanimously. The City Manager introduced the next item of business, Amendment to that of an amendment to Planning Commission Application Planning Commission No, 66072 submitted by Red Owl Stores, Inc. Application No, 66072 (Red Owl Stores) The Director of Planning and Inspection proceeded with a review of the amendment to Planning Commission Application No. 66072 and the Planning Commission action at their July 22, 1976 meeting, He stated that the applicant was seeking approval of an amendment to the original site plan for a screening structure which would contain the storage box portion of a proposed waste compactor system. He stated the structure would be at the northwest corner of the building near the existing dumpster enclosure, and the screened area would be approximately 13 feet wide and would project 22 feet from the building, He explained that the compactor would be inside the building and would be used to compress the substantial paperboard waste ,material generated by the store's operation. The Director of Planning and Inspection and the Director of Public Works proceeded to review slides showing the Red Owl Store site and the location of the proposed screening structure and also the deterioration of the curbing around the site. It was noted that the Planning Commission had recommended that ,maintenance and repair, or replacement, of the deteriorating curbing be a condition of approval Mayor Cohen recognized Mr. Don Calahan, representing the applicant, who had nothing further to add to the application. Following a brief discussicn there was a motion by Action Approving Councilman Jansen and seconded by Councilman Fignar Amendment to to approve the amendment to Planning Commission Planning Commission Application Noe 66072 submitted by Red Owl Stores, Application No. 66072 Inc, subject to the following conditions: (Red Owl Stores, Inco) 1 v The proposed compactor storage screening walls shall be constr• icted of masonry materials of compatible design and color with the primary building, similar to the existing screen wall west of the store, 2. The doors to the screen structure shall be con- structed of cedarboard o 3. 'There shell be concurrent maintenance and repair or replacement of damaged or deteriorated curb sections on the perimeter of the parking lot. 7 -26 -76 -10- 4. The size of the compactor storage screening structure shall not exceed the following dimensions: approximately 13 feet wide, 22 feet long, 10 feet high. Voting in favor were Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Metre HRA Section 8 The City Manager introduced the next item of business, Housing Assistance that of a recommended resolution authorizing he Mayor or y Program and the City Manager to execute an agreement with the Metropolitan Council for the Section 8 Housing Assistance Program. He stated that the City Council had previously authorized the Metropolitan Council to apply for Housing Assistance Funds for implementation in Brooklyn Center, and that the Metro Council has succeeded in obtaining these funds. He explained that the recommended agreement would authorize par- ticipation in the program with the City supplying inspectional and re- inspectional services for rental housing units in the program. He further explained that the agreement calls for little staff involvement outside of the inspectional services, with the Metro HRA pro - viding such services as niarketing, application parcce;ssing, the training of local .staff (where applicable), obtaining needed data, and recertification of parti- cipant-s. The City Manager commented that anyone meeting the requirements of the program can apply in any community and use their certification for rent assistance in any other participating community. He stated that the participating communities, in effect, become satellites for the Metro HRA in terms of this program. The City Manager further stated that the agreement calls for little local staff involvement, which is consistent with the City policy of not taking on additional staff to implement programs of this type. A brief discussion ensued relative to inspection stan- dards and criteria, the fees for inspection senrices , the requirements for becoming an eligible participant in the program, and the fair market rents established by HUD. Mayor Cohen pointed out that it is possible for eligible participants to stay in the units they are currently renting, provided the units meet the requirements of the program. RESOLUTION Member Bill Fignar introduced the following resolution NO. 76 -97 and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF SERVICES AGREEMENT WITH METROPOLITAN" COUNCIL 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, 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- 7 -26 -76 The City Manager stated that no bids for seal coat Seal Coat aggregate were received prior to the scheduled bid Aggregate Bid opening and recommended deferring this matter to a future meeting. The next item of business was discussion of a resolution Deep Well recommended for the purpose of establishing various Improvement projects relating to the construction of a new municipal Projects well designated as well No, 8 to be located on Camden Avenue North approximately 300 feet south of 73rd Avenue. The City Manager stated that the new well is an element of the master development plan for the municipal water system and briefly reviewed the process of developing a new well and the associated costs. The City Manager next referred to a related resolution recommended for the purpose of establishing water transmission project No. 1976 -10, which would serve the proposed new well Installation. The Director of Public Works next reviewed a transparency showing the location of the proposed new deep well and the 16 -inch water transmission line to be installed under Project No, 1976 -10, A brief discussion ensued with the .Director of Public Works explaining that the proposed new well will be approximately 320 feet deep. He stated that tests seem to indicate that it may be possible to utilize water from a strata approximately 115 feet deep, but that munici- palities are still required to have a water treatment facility to utilize the water available at that depth. The City Manager commented that these tests also seem to indicate that the elimination of septic tanks within the past few years has had an effect of cleaning up this less deep strata of water. Further discussion ensued relative to existing deep wells, the sprinkling control program and costs of the proposed project. The Director of Public Works com- mented that it is anticipated that the sprinkling control program will continue through 1977 -and that the cost of the well project will be approximately $160,000 - $175,000. Member 'Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -98 RESOLUTION ES'TABL'ISHING DEEP WELL IMPROVEMENT PR07ECT NO °So 1976 -4, 1976 -5, 1976 -6, 1976 -7, 1976 -8, and 1976 -9 (WELL #8) AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, 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 Bill Fignar introduced the following resolT.Aion RESOLUTION and moved its adoption: NO. 76 -99 7 -26 -76 -12- RESOLUTION ESTABLISHING WATER MAIN TRANS- MISSION IMPROVEMENT PROJECT NO. 1976 -10 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same. none, whereupon said resolution was declared duly passed and adopted. ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 76 -11 and moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council the text of the ordinance shall be attached to the minutes and be a part thereof- AN ORDINANCE AMENDING CHAPTER 5 OF ORDINANCES RELATIVE TO THE BROOKLYN CENTER FIRE DEPARTMENT The motion for th, adoption of the foregoing ordinance was duly 7i�conded by member Robert Jensen, and ,ipon vote being taAken, therein, the following voted in favor thereof. Philip Cohen, Tony Kuefler, Bill Fignar, and Rubers Teni sen, and the; following voted against; the same- r w tiereu..pc said ordinance was declared duly passed and adapted ORDINANCE Motion by Councilman Fignar and seconded by Fir 2;t Reading Councilman Kuefler to offer for first reading an ordinance amending Chapter 35 ral.ative to rezcning property from 1 -2 to C -2 as cc maprehez ded by Planning Commission Application No-, 76009 and 76020. Voting in favor were Mayor Cohen, Councilmen Kuefler, Fignar, and Jen ;ex . Voting agn, i nx J none, The motion passed unani.m,c,rx�_;ly. ORD=INANCE Motion by Co ricilman Jensen and seconded by First Reading Council ran Fignar to offer for first reading an ordinance amending Chapter 35 relative to rezoning property from R -1 to R -2 as comprehend r by Planning Commission Appl.,icatio No. 76035. Voting in favor were Mayor Cohen, Ccuncilmen Kuefler, Fignar, and Jensen. Voting against, none. The motion passed unanimously. Par's Policy Plan The City Manager introduced the next item of business, that of a review of the Pare Policy Plan recommended by the Parts and Recreation Commission. He stated that the Park and Recreation Commission has developed the plan with the assistance of a parts consultant. He explained that the Commission has also sought advice and comment relative to the plan through public meetings and review by its Park Service Area Committees. The City Manager recommended that the City Council commence a review of the policy plan and perhaps hold a public hearing leading to an eventual adoption of the plan in its recommended or amended form. He stated that once adopted this plan will provide the guideline for the development of the entire parks system. -13- 7 -26 -76 Councilman Kuefler noted that Park and Recreation Commissioner Margaret Whittaker was in attendance at this evening's meeting and was available to answer questions relating to the document. He stated that the Park Policy Plan establishes the groundwork and guide- lines and also the philosophy of how parks should be developed and maintained. He explained that each section in the plan contains support narrative upon which the subsequent numbered policy statements are based. A brief discussion ensued relative to the procedure, to be utilized in reviewing the Park Policy Plan, Mayor Cohen suggested that it may be appropriate to have a Joint City Council /Park and Recreation Commission meeting to review the plan and to gain a fundamental understanding of it. Further discussion ensued relative to a date for a joint meeting with it being the consensus of the Council to attempt to establish a joint meeting on Tuesday, August 17, 1976. Following further discussion there was a motion by Action Acknowledging Councilman Fignar and seconded by Councilman Jensen Receipt of Park Policy to acknowledge receipt of the Park Policy Plan and to Plan establish a joint meeting with the Park and Recreation Commission in order to commence Council deliberation of the Park Policy Plan, Voting in favor were Mayor Cohen, CouncilmanKuefler, Fignar, and Jensen. Voting against; none. The motion passed unanimously. The next item of business was a report on the status of Dutch Elm Disease Duth Elm disease in the City, The City Manager Status Report reported that not all of the information on Lignason is available, but that the City Council will be kept apprised of the situation as this information becomes available. He stated that presently Dutch Elm disease in Brooklyn Center is running true to the projected epidemic propor- tions and that in 1 977 it is possible that Brooklyn Center may lose 500 trees due to the disease. The City Manager commented that the inspectors are pleased with the cooperation they are receiving from citizens. He stated that 806 of the discovery of confirmed cases of Dutch Elfin disease are due to citizen reports, while 156 are from field inspections and crew observations and only 5% are the result of anonymous tips . He briefly reviewed the process for confirming positive cases of Dutch Elm disease which involves State Health Department confirmation. He explained that once a case is confirmed property owners are given 20 days to remove the trees. He stated that approximately 20% of the property owners take down the trees themselves, but that many property owners are experiencing financial pain because of the costs associated with the tree removal. He further stated that there are no real accurate figures as to removal costs, because there are many different variables such as size of the tree, location, existing structures, etc. that relate directly to the removal costs He estimated that the cost would probably run around $150 to $200 per tree. 7 -26 -76 -14- The City Manager next reviewed the Hennepin County chipping and disposal operation and pointed out that Hennepin County haz taken the initiative as coordinator. He stated that the sophistication in sanitation and disposal programs vary quite a bit throughout the State and even in the metropolitan area, and that because of this the County is trying to coordinate an effort to get outlying areas to attack the Dutch Elm disease problem. A brief discussion ensued relative to the State Dutch Elm disease grant and aid formula and funding programs; the City policy for picking up and hauling away trees on boulevard property; and the problems of reforestation. The City Manager commented that the entire Dutch Elm disease program, is not designed to be a cure program but rather a delay program. He explained that there is no cure for Dutch Elm dim, -ase and that the strategy is to slow down the spread of Dutch Elm disease in order that the reforestation of lost trees can take place. The City Manager concluded his report by stating that further information on the disease would be presented as it becomes available. Licenses Motion by Councilman Fignar and seconded by Councilman Jensen to approve the following licenses- GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE W & W Company 5 01 64th Ave. N.E. MECHANICAL SYSTEMS LICENSE Modem Heating & Air Cond. 2316 l st St. N.E. RENTAL DWELLING LICENSE Initial- Reuben & Diane Ristrom, Jr. 6619 Noble Ave. N. Transfer- Charles Bc 4219 Lakebreeze Ave. James & Patricia Lund Lyn River Apts. Renewal- Lloyd J. Waldu --ky Georgetown Park Townhouses Jaynes & Patricia Lend Lyn River Apts . Irwin Ketroser 6525, 27, 29 Willow Ln. N. Voting in favor were Mayor Cohen, Councilmen Kue£ler, Fignar, and Jensen. Voting against- none. The motion passed unanimously. Ad: F' .r anent Motion by Councilman Kuefler and seconded by Councilman Jensen to adjourn the meeting. Voting in favor were Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen. Voting against- none. The motion passed unanimously. The Brooklyn Center City Council adjourned 7 p. Of Clerk Mayor -15- 7 -26 -76