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HomeMy WebLinkAbout1974 08-19 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 19 1974 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,, Jensen, Britts and Fignar, Also present were City Manager Donald Poss,. Director of Public Works Jim Merila, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Assistant City Engineer Ed Haftings, and Administrative Assistants Daniel Hartman and James Lacina Approval of Minutes Motion by Councilman Kuefler and seconded by 8 -5 -74 Councilman Jensen to approve the minutes of the August 5, 1974 meeting as submitted. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none. Councilman Fignar abstained from the vote since he was not present at the meeting. The motion passed. Tiling Improvement The City Manager introduced the first item of business at Community Center on the agenda, the proposal for tiling the shower rooms at the Community Center., He noted that the walls in the shower rooms required extraordinary maintenance to keep them clean. He stated that this expenditure has been comprehended in the 1975 capital outlay budget for the Park and Recreation Department but due to the severity of the maintenance problem, it is suggested this work be done during this year's annual shutdown. for repairs in September under the 1974 budget through the use of Revenue Sharing Funds'. Councilman Kuefler inquired about the type of tiling and the area to be covered. The City Manager responded by stating that the the would be of the ceramic impervious type and would cover the walls and the floors in just the shower rooms. Councilman Fignar commented as to purchasing procedure regarding an expenditure of this nature. The City Manager' reviewed the authority for purchasing such items and the appropriate action that was needed. He stated he estimated the costs for such item to be around $3,300. Councilman Fignar further questioned the City Manager as to the slipping problem on the pool deck. Mr. Poss indicated that this problem would also be attended to during the 1974 shutdown in September. Councilman Britts questioned as to the expenditure of such money from Federal Revenue Sharing Funds The City Manager noted it was a capital expenditure and was viewed as a one -time item. -1- 8- 19 -74` I Motion by Councilman Kuefler and seconded by Councilman Jensen to authocrize the City Manager to secure quotations for tiling improvements in the shower rooms at the Community Center. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against? none. The motion passed unanimously. The City,.Manager introduced the next item of business on Establishing Walkway the agenda, a resolution establishing certain walkway Project Numbers projects . The Director of Public Works gave a brief presentation on'the status of the walkway construction program. He stated that the original program consisted of 51 priorities of 39 miles of walkway for an estimated construction cost of $935-,000. He further stated that from 1971 to 1973, 36 miles of the proposed walkway network had been con - structed for a cost of $700,186. He then reviewed the various projects and priorities that had not been con - structed, those that were proposed for the 1974 season and those that were to be re- evaluated for the 1975 walkway construction program. Councilman Britts inquired as to the basis for establishing the priorities. Mr. Merila responded by stating that the original 51 priority system was established on the primary basis of a traffic count with those areas of high traffic receiving high priority, and on a secondary basis of pedestrian count with those areas of high pedestrian traffic also receiving high priority. A brief discussion ensued relative to the projects to be constructed under the 1974 -75 walkway programs. Mr. Merila noted that the project on Unity Avenue was the only one petitioned for by the residents of that neighborhood. He stated that the estimated cost for completing the first 51 priorities is $835,000 or approximately $100,000 less than the original 'estimate of $935 , 000. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -128 RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECTS NO. 1974 -24, 1974 -25, 1974 -26, 1974 -27, 1974 -28, 1974 -29 & 1974 -30, AND ORDERING PRE - PARATION 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, 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 Public Hearing for on the agenda, public hearing for improvement project Improvement Project No. 1974 -16. He stated this hearing and following No. 1974 -16 package of hearings constituted improvements for the recently platted area in the vicinity of Bryant and Aldrich Avenue and 67th and 68th Avenues North. 8 -19 -74 -2- Mayor Cohen reviewed the procedure to be followed during the public hearings, stating the Public Works Director would review the project and then the proposal would be open for discussion, The Director of Public Works described the project con- sisting of a proposed street grading, base and surfacing improvement for proposed Aldrich Avenue North from 67th Avenue to 68th Avenue (extended); Bryant Avenue North from 67th Avenue to 68th Avenue; and 68th Avenue North from Aldrich Avenue to Bryant. He stated he had received a letter in favor of the project from Mr. Swanson of Swanco, Inc. , who has an option on the property. He estimated the completion date for grading to be December 1 , 1974 and June 15, 1975 for base and surfacing. Mayor Cohen rioted that notified property owners were not present to speak either for or against the proposed project. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 74?129' and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1974-16 The motion for the adoptfon 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 d-ly pa nf3 and adopted, Public Hearing for The Director of Pu.bLo Works next reviewed the Project Improvement Project No. 1974-17, stating that the 'project involved a pro- No. 1974-17 posed water main Impro-vrement on proposed Aldrich Avenue North from 67th Avemze to 68th Avenue (extended); and 68th Avenu North from Camden Avenue to Bryant Avenue; and the installation of water services on Bryant Avenue North from 67th Avenue to 68th Avenue. He commented that the prcposed completion date for this water main improvement project was December 1, 1974. Mayor Cohen noted that notified property owners were not present to speak either for or against the proposed project. RESOLUTION Member Maurice Britts Introduced the following resolution NO. 74-130 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO. 1974-17 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. -3- 8-19-74 The Director of Public Works next reviewed Project Public Hearing for No. 1974 -18. He stated that the project consisted of a Improvement Project proposed sanitary sewer improvement for proposed Noo 1974 -18 Aldrich Avenue North from 67th Avenue to 68th Avenue (extended), and the installation of services on Bryant Aventle North from 67th Avenue North to 68th Avenue, He noted that the probable completion date for this project will be December 1, 1974, Mayor Cohen noted that there were no property owners present to speak either for or against the proposed project. Member Maurice Britts introduced the following resclut. on RESOLUTION and moved its adoption.- NO, 74 -131 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT PROJECT NO, 1974 -18 The motion for the adoption of the foregoing resolut,l.on was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kueffl,er, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The Director of Public Works next reviewed Project No. Public Hearing for 1974 -19, storm sewer drainage improvement project. Improvement Project No. 1974 -19 He stated that one of the major problems in this area was the high water table. He explained that through the use of a perforated storm water drainage pipe and the proper location of catch basins the water table could be kept down and the storm water drainage could be adequately handled. He further explained the assess- ment procedures, noting that in some cases the properties have been subjected to ?'partial" assessments for incre- mental storm sewer segments built in earlier years Councilman Jensen questioned Mr. Merila as to the determination of the assessment rate. Mr. Merila reviewed the procedure for determining the assessment and stated that the assessment was spread equally among properties benefited by the project. Councilman Fignar inquired as to any future assessment rate and the possibility of it being higher than the projected figure. The Director of Public Works responded by stating that in the event the future assessment would be higher the developer and property owners would have to pay the extra amount, but that at this time the estimates for the assessment rate were equal to all property owners. Councilman Fignar then noted that only 31% of the pro- , perty owners petitioned for the storm sewer improvement project and commented as to whether that was enough to carry the project. Mr. Merila noted that it has been the policy of the City to implement needed storm sewer projects along with street improvement projects as is the case in this situation, 8 -19 -74 -4- Mayor Cohen then cpened the project for discussion. He recognized Mr. Faul Rcs sic, 711 - 69th Avenue North. Mr. Rosso spoka In oppc�s,,iticn to the project. He stated that he ha& alr�Dady been assessed for storm sewer projects on 69th and 70th Avenues and at this time has no wate r drainage proble.rn on his property, He further commented teat h has two, drainage tiles on his property that connect +-(,- a storm sewer line in 69th Avenue North, and that these tiles adequately drain his property. Mr. Merila res.00nded by commenting that a storm sewer project of this, n,.atare� was proposed to handle future development He, n. tied that r Bch of this area was not developed and to inzure again tearing earing 1up a street in the 11 L future because -.f lmadeqilato storm water drainage, it was necessary pq, trie storm sewer in now. He further explained that tlll�-,sa who benefit by the installation of the storm sewer pro.111act are those who are assessed for it and that mar:,7 properties are incrementally assessed three or four tj`.mE' 1 J,nrremertal storm sewer segments before a respect_'.use Gtcrnj F.ewnr system is completed. Mayor Cohen, cc�,':nnnented tI a storm sewer system could not be developed for ind"vidaal parcels but rather for an assessment area which w(.) be benefited by the installa- tion of a partic sticrrn sewer project. He again reviewed the CIII­,?',s pe toy regarding installation of storm sewer at the t]' the Improvement project is put in. Mr. Merila reinforced Ma Cohen's comments by stating that it would s9rve n.o perk, e to put in a street without the proper storrn sewer drainage. Councilman Jet ,= 7m, iqu: of Mr. Rosso whether he had plans to develop the prop- Mr. Rosso responded by 4- , , ­:, h - r stating that at I h, plans to develop the property, and aC,al:rn, t� thatl the drainage-, for his property at present w adequate. Mr. Merila expla'tned t1he drainage patterns of the area and noted the 69th Avenurs North storm sewer at this time was not anequat for future development and that it would have to be uperra&,&d also In the event of development 1r. t1hat area and upgrading of the street. Councilman Fignar inquired as to the adequacy of Mr. Ross(--,'Fj stcrai drainage tile on his property now. 4 Mr. Merila stak:ed that at present Mr. Rosso's tile was approximately two, feet below the surface of the ground and would be totally inadequate if future development were to occur. He again stated that the type of the in place does not comprehend alleviating the high water table problem, and that the proposed storm sewer the project No. 1974-19 consisted of a perforated pipe which would adequately keep the water table down. Mr. Rosso noted that he would like to go on record as opposing the prcjecto 8-19"74 Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 74-132 RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT PROJECT NO. 1974-19 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. The Director of Public Works then reviewed the next Public Hearing for set of public hearings regarding a water main improve- Improvement Project ment project, street improvement project, and storm No. 1974-21 sewer improvement project for Orchard Avenue and 68th Avenue. . He noted that these improvements were triggered by petition for water main® He again reiterated the City policy regarding storm sewer and said it was a necessary prerequisite to the installation of permanent street surfacing. He then reviewed water main improvement project No. 1974-21 on Orchard Avenue North from 68th Avenue to 69th Avenue. He noted that the probable completion date would be September 30, 1974. He stated that the need for water main in this area was urgent since several of the residents were experiencing serious difficulty regarding their wells. Mayor Cohen opened the hearing for discussion. He recognized Mrs. Otto Link, 6830 Orchard Avenue North, who inquired of the Public Works Director about the interest rate on the assessment.. Mr. Merila responded by stating that the interest rate was now set at 8% and that to avoid the interest rate, prepayment would be possible. He stated the property owners have 30 days within which to pay the assessments to avoid the interest attachment. Councilman Britts commented as to the seriousness of the water problem in the neighborhood. Mr. Merila stated that at this time people in the neighborhood were experiencing difficulty with their wells which would require major repairs, that according to the public utilities ordinance were not allowed. Mr. Merila's statement was reinforced by Mr. George Pasichnyk, 6825 Orchard Avenue North, who stated that at this time his well was in need of major repairs and it would be very expensive for him to fix it. Mr. Rodney Lund, 6807 Orchard Avenue North, noted that for some reason the wells in this area of the City seem to be shallow. He stated that his well was only 21 feet deep and the water from it had acquired a bad taste. , Mr. Marvin Haenze, 6800 Orchard Avenue North, also expressed a need for a water main system to serve the people in that neighborhood. 8-19-74 -6- RESOLUTION Member Maurice Britt, introduced .he following resolution NO.'73 -133 and moved its adoptic r: RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROS ECT NO. 1974-21 The motion for th� addpt:ior of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon., the following voted in favor thereof: Phii�.p Cohen., Mal�.ricoe' Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the sarn� none, whereupon said resolution was declared duly passed and adopted. Public Hearing for The Director of Pz bli —c Works again reviewed the project Improvement Project for the City Co ,r}cil. He ,stated that the project consisted No. 1974 -22 of street surfar:G�,g on Orchard Avenue from 68th Avenue to 69th Avenue, and 68th Avenue North from the center line of Orchard AverilJlle, we Starly approximately 145 feet.* He commented that thle cor., tr ct.%on is °echeeuled to be com- pleted October 11 , 1974. Mr. Merila then noted this area of the prc iect for ,street surfacing comprehended widening the street and thus affecting existing driveways of residents. He explainiad the City's policy of replacing driveways from the tg -tter lime to the property line of each parcel. He n;° ; th ,s replay;.cement would be of bituminous material and w .bri be th game width as the existing driveway. He stated that cif: the approximate distance of 15 feet the pr<;,I ter* / �_wn.ers were as Messed for 13 -1/2 feet. He expla�'nad that the portion from the gutter line 18 inches toward the property Jine was put in by the City under the standard a ses3rrvent but that the remaining 13 -1/2 feet was .charged as an extra assessment to each parcel. Mayor Cohen°. tr �n o _,.^.� tl-e prc,je 't , .Yp for discussion. He recogniz,5 d Mr . R „ rt Ca,ey, 6891 Orchard Avenue North. Mrs. Ca , =:: of Mr. Merila as to the possibility of hav Ong a rorr:pl to dri -,, , reway put in at the same time. Mr. M rila. n t �d that the City would not be responsible fcr , ayin g tip ::sz� arrangelnle-nts and that it would be strictly cep to the cc%ntractur. He stated that it would be the property cN/vner's respcnsibil.ity to contact the contractor and pay he co ntractor for the driveway separately. RESOLUTION Member Bill Fignar introduced the following resolution NO. 74 -134 and moved Its adr-,ption RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1974 -22 The motion for thy, 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 samee: none, whereupon said resolution was declared duly passed and adopted. -7- 8 -19 -74 The Director of Public Works again reviewed the project Public Hearing for for the City Council. He stated that project No. 1974 -23 Improvement Project consisted of a storm sewer improvement project in con- No. 1974 -23 Junction with water main improvement project No. 1974 -21 and street improvement project No. 1974 -22. He noted that the location of the project would be on 68th Avenue North from Noble Avenue to Orchard Avenue, and that the probable completion date for the project would be September 30, 1974. I A brief presentation followed. Mr. Merila reviewed the drainage patterns of the area and noted that after it rained water had a tendency to stand in the intersection of 68th and Orchard. He also stated that the properties have been incrementally assessed for two previous storm sewer projects. He then explained the procedure of charging assessment to the area that benefits from the total storm sewer project. . Mayor Cohen then opened the project up for discussion. He recognized Mr. Marvin Haenze, 6800 Orchard Avenue North. Mr. Haenze stated the Marvin Garden townhouse area was not being assessed for the storm sewer project and that he felt part of the drainage problem was due to the development of this project. Mr. Merila responded by stating that the developer of the Marvin Garden pro- ject has placed two internal storm sewer lines on their property and has paid for an assessment of a storm sewer from the freeway on Noble Avenue to 68th Avenue. He further commented that the two parcels directly adjacent to 68th Avenue were part of the assessment area. Mayor Cohen then recognized Mr. Glynn Behman, 6818 Orchard Avenue North. Mr. Behman stated that the residents on Noble Avenue are contributing to the problem of standing water in the intersection of 68th and Orchard and the poor drainage for the area. He stated that he felt they should be part of the assessment area. He stated that when these parcels were developed the property was built up in such a way as to cause the drainage to flow from their back yards towards the residents of Orchard Avenue. Mayor Cohen next recognized. Mrs. Shirley Sawyer, 6812 Orchard Avenue North. Mrs. Sawyer stated that the Marvin Garden development raised the property to such a degree that the natural drainage flow down Orchard Avenue on what is now vacated Orchard Avenue has been pro- hibited. Mr. Merila again responded by stating that the Marvin Garden development did not contribute to the drainage problem of the area. Mayor Cohen then recognized Mr. Leonard Bruns, 6806 Orchard Avenue North. Mr. Bruns stated that he felt if the intersection at 68th and Orchard were raised the water would run a natural drainage course and the problem would be alleviated. Mr. Merila responded by stating that he does not feel this problem could be adequately solved by merely raising the intersection in the street. He noted that certain driveways in the area would not match up to the street if it were raised to any great extent. He stated there is a need for a storm sewer drainage system in this area to alleviate the problem of street breakup due to water standing in the intersections 8 -19 -74 -8- Mayor Cohen inquired of Mr. Merila as to whether he had been aware of the back lot drainage from the lots on Noble. Mr. Merila responded b stating that he Y g was unaware of the situation, if it did exist. He further stated that he felt the lots on Noble Avenue drained adequately to the storm sewer coming up from the free - way on Noble Avenue. Mayor Cohen again related the City's policy regarding storm sewer improvement as a necessary prerequisite to required installation of permanent street surfacing. He inquired of the City Attorney as to the possibility of approving the project as is with the suggestion that the Director of Public Works re- examine the benefit area and the drainage problem which was brought about by the citizens regarding the lots on Noble Avenue and the Marvin Garden development. Mr. Schieffer responded by stating that he could see no problem in approving the project if no additional pipe would be put in. Mayor Cohen then commented that it was not a matter of whether or not a storm sewer was needed or would be put in, but rather a matter of distributing the assess- ment to the benefit area. Councilman Britts noted a concern regarding the assessment area. He stated that he felt at this time it might be worthwhile to re- evaluate the drainage in that area to determine the benefit area served by the storm sewer project. Mayor Cohen stated that in light of the time frame it would be possible to approve the project at this time and recheck the drainage pattern and assessment area and report to the City Council at the September 9 meeting, and if necessary hold an additional public hearing if the assessment area were to be expanded. Mr. Merila cautioned that this project could not be put off very long because of the need for the water project in the area. Mr. Behman inquired about the effect of a proper storm sewer system on 69th Avenue. Mr. Merila responded by stating that the 68th Avenue storm sewe r would still be required if 69th Avenue were upgraded with proper storm sewer system. Councilman Jensen expressed his concern that the water improvement project in this area not be delayed. RESOLUTION Member Robert Jensen introduced the following resolution NO. 74 -135 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT PROJECT NO, 1974 -23 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. -9- 8 -19 -74 I Motion by Councilman ensen and seconded b J y Councilman Britts to direct the City Manager to cause a review of the storm sewer assessment area for report at the September 9 meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The City Council recessed at 10 :25 p.m. and resumed at 10 :40 p.m. The newt item of business was consideration of Planning Planning Commission Commission application No. 74036 submitted by Brooklyn Application No. 74036 Center Development Corporation. The item was intro- (B. C. D. C.) duced by Administrative Assistant James Lacina who reviewed the minutes of the Planning Commission dated August 1, 1974. He noted that the application com- prehended a rezoning from R -5 to I -1 in that area south and easterly of the Earle Brown Farm apartments on 69th Avenue North. The Director of Public Works noted a concern for the distance between the garages on the southerly property line of the R -5 district and the pro- perty line of the I -1 district. He commented that this problem has been solved and that there has been a 30 foot pavement area plus a green strip provided to allow for proper setback from the I -1 district. The City Manager commented as to the reasoning for changing the zoning from R -5 to I -1 , noting that at this time it was not economically feasible for land to be developed for R -5 use. He expressed reservations, however, about the quality of the developer's planning efforts for the use of the land. He stated that he would quali- fiedly recommend approval of the application subject to the developer submitting an acceptable land use plan to the staff prior to the first reading of the rezoning ordinance. Mayor Cohen then recognized Mr. Roger Newstrum representing B. C. D. C. Mr. Newstrum showed several sample plans of concepts for the area. Mayor Cohen noted that the notified property owners were not present to speak either for or against the project. Motion by Councilman Fignar and seconded by Councilman Approval of Planning Kuefler to approve Planning Commission Application No. Commission 74036 submitted by B.C. D.C. subject to the following Application No. condition: 74036 (B. C. D. C.) 1. The subject area shall be replatted prior to any construction or development thereon. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. i B -19 -74 -10- Planning Commission Mr. Lacina again reviewed the minutes of the August 1 g o Application No 74 pp 041 1974 meeting of the e Planning Commission regarding (Howard Beggs) application No. 74041. He noted that the applicant was seeking a special use permit for a home occupation which consisted of the manufacture of rubber stamps and involves stock in trade and special equipment at the applicant's home at 6230 Colfax Avenue North. Mayor Cohen recognized the applicant and a brief discussion ensued as to the nature of the business. Councilman Jensen inquired of the applicant on the procedures of handling the orders. Mr. Beggs responded by stating that all orders were handled through the mail or phone. Councilman Fignar inquired of Mr. Beggs about additional employees besides himself. Mr. Beggs responded by stating that he had no intention of hiring any outside help. Mayor Cohen noted that the notified property owners were not present to speak either for or against the proposed special use permit. Approval of Planning Motion by Councilman Britts and seconded by Councilman Commission Application Fignar to approve Planning Commission Application No. 74041 No. 74041 submitted by Mr. Howard Beggs subject to the (Howard Beggs) following conditions: 1 . The use is subject to all applicable ordinance provisions and violation thereof shall be grounds for revocation of the special use permit. 2. Retail sale of merchandise to the public on the premises is expressly prohibited. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. RESOLUTION Member Maurice Britts introduced the following resolution NO. 74 -136 and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PRO- POSED ALLEY PAVING IMPROVEMENT PROJECT NO. 1974 -20 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. RESOLUTION Member Maurice Britts introduced the following resolution NO. 74 -137 and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR ALLEY PAVING IMPROVEMENT PROJECT NO. 1974 -20, AND SIDEWALK IMPROVEMENT PROJECTS NO. 1974 -24, 1974 -25, 1974 -26, 1974 -27, 1974 -28, 1974 -29 AND 1974 -30, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1974 -G) -11- 8 -19 -74 i 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. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO, 74 -138 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (UTILITY & GRADING CONTRACT 1974 -F) 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, Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -139 RESOLUTION ORDERING ADDITION OF STREET SURFACING IMPROVEMENT PROJECT NO, 1974 -22 AND STREET RESTORATION FOR STORM SEWER IMPROVEMENT PROJECT NO. 1974 -23 TO CONTRACT 1974 -D 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 RESOLUTION and moved its adoption: NO. 74 -140 RESOLUTION O ESTABLISHING _ SANITARY SEWER .LIFT STATION #3 REPLACEMENT PROJECT NO. 1974-31, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -141 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 8 -19 -74 -12- 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. RESOLUTION Member Maurice Britts introduced the following resolution NO. 74-142 and moved its adoption. RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 74-143 and moved its adoption; RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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 jensens and the following voted against the same: none, whereupon said resolution was declared djJy passed and adopted. Freeway Park The City Manager next reviewed plans for the 1-94 Land Adjacent development in Brooklyn Center. He noted that the to 1-94 Highway Department was very concerned, at this time, about environmental impact statements and replacing park lands that they may need for freeway development. He also stated that noise abatement was a major con- cern regarding the freeway development. in Brooklyn Center. He briefly reviewed the Highway Department's policy of compensating, at a fair market value, the municipality for the park lands needed for the develop- ment of the freeway or replacing the land with open space in another area, Mr. Merila reviewed the plans for the area of acquisition north of the freeway along the proposed Shingle Creek trailV,7ay system and south of the freeway along Central Park and a portion south of Freeway Park adjacent to the freeway. He noted on the map depicting the freeway development that these areas would be acquired by the Highway Department, He stated that the trade-off consisted of acquiring additional land westerly of Central Park and easterly of Xerxes Avenue to replace the park lands acquired for freeway development. He stated that wherever possible the Highway Department has agreed to provide earth berms for noise abatement® -13- 8-19-74 The City Manager commented that it was important to provide "people protection" from the freeway through the use of earth berms if at all possible and wooden walls as a secondary choice. He stated that such noise abatement concepts would be used adjacent to the freeway in Brooklyn Center to the Trunk Highway 152 interchange. He noted that the use of earth berms might require vacating additional houses but that it was worth i t t o achieve a more effective: freeway buffer. Mr. Poss then commented as to the proposal for crossing the freeway at Shingle Creek. He stated the Highway Department proposal was for a gradual slopping overpass which could be used for bicycles as well as pedestrians. Mr. Poss stated that such a proposal would be amenable to the City only if it were done in such a way as to be compatible both aesthetically and functionally regarding pedestrians and bikes. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -144 RESOLUTION APPROVING CONCEPT'OF UTILIZING DESIGNATED PARK LAND ABUTTING INTERSTATE 94 FOR HIGHWAY CONSTRUCTION PURPOSES 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. The City Manager next introduced the animal control Animal Control ordinance for second reading. A brief discussion Ordinance ensued relative to the proposed fee schedule for the new ordinance. Councilman Britts commented that he felt the fee schedule for the animal control ordinance was too high. He noted that the increase in fees might actually reduce the number of dogs licensed and the amount of revenue collected. Councilman Jensen agreed with Councilman Britts' comment regarding excessive licensing fees and stated that it might be better to have a high penalty fee and main - tain the existing license fees. Councilman Fignar noted that according to the ordinance a $15 delinquent dog license fee has already been imposed and stated he felt this fee was high enough. The City Manager then stated that the penalty for violation of the ordinance was now a maximum of $300 or 90 days, but that unless a blatant violation could be proved, this penalty was rather difficult to enforce. He farther stated that the fee structure has not been realigned since the institution of the fees for the present ordinance in 1965. He noted that the cost of maintaining an animal control service has gone up during this period. He stated his opinion that the cost of the license fee was not the determining factor in licensing a dog or not licensing a dog. 8 -19 -74 -1.4- Councilman Jensen expressed a concern for the purpose of the ordinance. He commented that he felt the real purpose of the ordinance was to insure that all dogs have received rabies shots. He noted that in no way could the increase in the license fees completely offset the cost of maintaining dog control, and that maintaining the present fee structure would be more conducive to better registration of dogs throughout the City, thus insuring that dogs in Brooklyn Center have been properly inoculated. Councilman Kuefler commented that he felt the dog owners have an obligation to pay their fair share for dog control. He further stated that he felt an increase in licensing was in line with the increasing cost of providing dog control since 1965. A brief discussion ensued relative to amending the animal control ordinance license fees. The City Manager suggested that the Council pass this ordinance as is and, if so desired, amend the ordinance upon its effective date regarding the fee structure. ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 74-21 and further 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 REGULATING THE KEEPING OF DOGS AND REGULATING KENNELS, AND PROVIDING FOR LICENSING THEREOF The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Councilmen Britts and Jensen advocated amendment of the new Animal Control ordinance to essentially retain the longstanding fee structure. Councilman Fignar stated that he felt there was good basis for increasing the dog license fees and that it was a matter of keeping up with inflation and the increasing costs of providing dog control. ORDINANCE Motion by Councilman Britts and seconded by Councilman First Reading Jensen to offer for first reading an ordinance amending Chapter 1 of the City ordinances. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: Councilman Fignar. The motion passed. Licenses Motion by Councilman Britts and seconded by Councilman Fignar to approve the following licenses: -15- 8-19-74 HOUSEMOVERS LICENSE Ernst Housemovers 9400 - 85th Ave. ITINERANT FOOD ESTABLISHMENTUCENSE Brooklyn Center High School Centaurettes 6500 Humboldt Ave. MECHANICAL SYSTEMS LICENSE Northland Mechanical Contractor, Inc. 1914 Washington Ave. NON-PERISHABLE FOOD VENDING MACHINE LICENSE Gold Medal Beverage Co. McKee Station 6800 Brooklyn Blvd. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The City Manager next explained that the Brooklyn Authorization for Center Industrial Park is currently in the process of Mayor and City filing a new registered land survey approved by the Manager to City Council on June 3, 1974 which realigns Earle Execute Deeds Brown Drive northeasterly of Summit Drive. He stated that in order to clear the title underlying R. L. S. No. 1341, Brooklyn Center Industrial Park requested the City to execute a deed. conveying the recently vacated Earle Brown Drive to the Brooklyn Center Industrial Park. Following a brief discussion of the request there was a motion by Councilman Britts and seconded by Councilman Jensen to authorize the Mayor and City Manager to execute a deed conveying vacated Earle Brown Drive described as Tract D, R.L.S. No. 1341 to Brooklyn Center Industrial Park, with the stipulation that the City would retain utility easements for said tract. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The City Manager next explained that the Brooklyn Center Industrial Park has also requested an exchange of deeds with the City relative to the new realignment of Earle Brown Drive. He explained that the exchange consists of the Brooklyn Center Industrial Park conveying to the City the new extension and realignment of Earle Brown Drive, described as Tract H, of the R. L. S. , which the City approved on June 3, 1974, and the City conveying to the Brooklyn Center Industrial Park the 80 foot strip of land overlying the southerly portion of the proposed tract A described by a lengthy metes and bounds description. He further stated that an exchange of deeds is a necessary legal transaction to enable the developer, to file the approved registered land survey. Motion by Britts and seconded by Fignar to authorize the Mayor and City Manager to execute a deed covering the Brooklyn Center Industrial Park property described as follows: 8-19-74 -16- All that part of Tract F Registered Land Survey No. 1341, filed with the Registrar of Titles, Hennepin County, Minnesota lying within an 80 foot easement, center line of which is described as follows: Beginning at the southwest corner of tract E, R.L.S. No. 1341; then south 89 degrees 29 minutes 43 seconds east, 5.23 feet; and south 0 degrees 31 minutes 17 seconds west 40.00 feet; thence north 89 degrees 28 minutes 43 seconds west 60.00 feet to the true point of beginning; thence south 89 degrees 28 minutes 43 seconds east to 60.00 feet; thence northeasterly 771.54 feet along tangential curve concave to the left with a central angle of 91 degrees, 55 minutes, 01 seconds and a radius of 480.93 feet thence north I degree, 23 minutes 44 seconds west 500 feet; said line there terminating for street and utility purposes. Subject of said deed being executed and delivered upon receipt of an executed deed from the Brooklyn Center Industrial Park conveying to the City the new alignment of Earle Brown Drive; described as Tract H of the Registered Land Survey which the City approved on Jun:: 3, 1974. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Jensen and Fignar. Voting against: none. The motion passed unanimously. Demolition of Municipal The City Manager next explained that he has secured Building at 6445 Lyndale quotations for the demolition of the old municipal Avenue North building located at 6445 Lyndale Avenue North. He stated that the low quote came from Carl Bolander and Sons Company at $625. Motion by Kuefler and seconded by Britts to authorize the City Manager to cause the demolition of the municipal building at 6445 Lyndale Avenue by Carl Bolander and Sons Company for $625. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Review of Proposed The City Manager introduced the next item of business, Special Assessments review of the proposed special assessments for the Schedule for September 9 public hearing. The Director of Public September 9 Hearing Works briefly reviewed the projects and the assessments to be heard at the September 9 hearing. He noted that in most cases the assessment was lower than the esti- mate. Snowmobiling Councilman Britts noted that he received a letter regarding snowmobiling and the use of snowmobiles in Brooklyn Center. He stated that the letter requested something be done about the snowmobile problem in Brooklyn Center. Mayor Cohen stated that snowmobiling had become an ever increasing problem in Brooklyn Center and that at this time it might be good time for the Council to review the snowmobile ordinance regarding the operation of snowmobiles on streets in Brooklyn Center. He requested that time at the September 9 Council meeting be set aside for a discussion of the snowmobile problem® -17- 8-19-74 Motion by Councilman Britts and seconded by Councilman Adjournment Fignar to adjourn at 12:25 p.m. the meeting of the Brooklyn Center City Council. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Jensen and Fignar. Voting against: none. The motion passed unanimously. J s l Jerk Mayor 8 -19 -74 -18-