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HomeMy WebLinkAbout1974 09-24 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 23, 1974 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Cohen at 7 :30 p.m. Roll Call Mayor Cohen, Councilmen Fignar, Britts, and Jensen. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, Director of Parks and Recreation Gene Hagel, and Administrative Assistants Daniel Hartman and ,James Lacina. Invocation Reverend Rosenau of the Lutheran Church of the Triune God offered the invocation. Approval of Minutes Motion by Councilman Fignar and seconded by Council- 9-10-74 man Britts to approve the minutes of the September 10, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Fignar and Britts. Voting against: none. The motion passed. Councilman ,Jensen abstained since he was not present at the meeting. Review of Final The City Manager introduced the first item on the agenda, Arboretum Plans a review of final arboretum plans prepared by Mr. Stephen Jahns. The Director of Parks and. Recreation displayed the plan and reviewed the highlights for the City Council. The City Manager noted that the plan would be implemental in an evolutionary nature and would require community involvement for its completion,, Mr. Hagel also suggested a list of priorities in the development of the arboretum. The Mayor commented that Mr. Jahns should be commended for the work he has done In developing the plan. Motion by Councilman Britts and seconded by Councilman Fignar to approve the master plan for the arboretum as presented. Voting in favor were.- Mayor Cohen, Council- men Britts, Fignar and Jensen. Voting against: none. The motion passed. RESOLUTION Member Robert Jensen introduced the following resolution NO. '74 -150 and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND 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, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- 9 -23 -74 I The City Manager next introduced a resolution authorizing Resolution the write -off of uncollectible checks. He commented that Authorizing the appropriate authorities have tried to collect on the the Write -Off checks and criminal charges have been filed for the of Uncollectible individuals who have written the uncollectible checks. Checks Councilman Fignar inquired if it would be appropriate to use a collection agency to recover at least part of the revenue. The Director of Finance commented that it has been a staff conclusion that it is inappropriate to use private collection agencies for bad checks. Councilman Jensen inquired of precautions that are used b y the City to reduce the number of uncollectible checks. Mr. Holmlund commented that lists are sent to all the liquor stores of those individuals who are passing un- collectible checks. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -157 RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS The notion 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, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -158 RESOLUTION PROVIDING FOR AMENDATORY PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR STREET SURFACING IMPROVEMENT PROJECT NO. 1973 -10 ON OCTOBER 7, 1974 The motion for the n o adoption of the fore p gig r was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, 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 -159 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. RONALD B�'RNES 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, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. L 9 -23 -74 -2- i RESOLUTION Member Maurice Britts introduced the following NO. 74 -160 resolution and moved its adoption: RESOLUTION DIRECTING THE DISBURSEMENT OF THE BALANCE OF THE CASH ESCROW FOR BAERG °S 1ST ADDITION 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, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member. Bill Fignar introduced the following resolution NO. 74 -161 and moved its adoption: RESOLUTION REJECTING BID FOR SECTION "B" OF UTILITY AND GRADING CONTRACT 1974 -F 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, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution NO. 74 -162 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF AIR COMPRESSOR (3000 PSIG) 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, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCE Member Robert Jensen introduced the following ordinance NO. 74.26 and moved its adoption: AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 1 of the City Ordinances is hereby amended as follows: r Section 1 -105. LICENSE FEES AND CONDITIONS. 1. Annual Fees. Dog License -Male or Female. [$8.001 $5.00 - Neutered Male . . [$ 5.001 $3.00 - Spayed Female . . ($5.001$3.00 -3- 9 -23 -74 Section 2: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 23rd day of September, 1974. The motion for the adoption of the foregoing ordinance was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts and Robert Jensen, and the following voted against the same: Bill Fignar, whereupon said ordinance was declared duly passed and adopted. The next item of business was consideration of Planning Planning Commission Commission Application No. 74006 submitted by the Application No. 74006 Twin Lake Alano Society. The item was introduced by and Planning Com- the Director of Planning and Inspection who stated that mission Application it represents an amendment to the original approval and No. 74008 (Twine Lake comprehends the second phase of the site development. Alano Society) He stated that it consists of expanding the parking to the south and remodeling of the concrete block accessory structure on the north of the primary building located at 4938 Brooklyn Boulevard. He stated that the second phase parking consists of 31 spaces including provision for compact cars in specific spots, and that the total parking provided would be 82 spaces. Mr. Tremere also noted that plans call for the demolition of the easterly (rear) portion of the garage, so the ex- terior wall will be flush with the building. He stated that the applicant intends to apply a new exterior finish to the garage compatible with the main building. He then presented photographs of the site as well as a sketch representing the proposed exterior finish of the accessory structure. He commented that the Planning Commission was concerned about berming and plantings along the easterly edge of the property to provide effec- tive headlight screening for the residents across Xerxes Avenue North. The Director of Planning and Inspection next presented Planning Commission Application No. 74008 submitted by the Twin Lake Alano Society. He commented that the application is for preliminary plat approval required of the applicant by his special use permit (Planning Commission Application No. 74006) approved on February 26,, 1974. He stated that the application requires platting of the two parcel site within one year. Mr. Tremere also commented that approval of the special use permit specified that a portion of the northeasterly corner of the property be dedicated for possible future expansion of Xerxes Avenue North. He commented that the applicant has been requested to provide an easement agreement for that land which would be required for street purposes. He stated that the agreement would acknowledge the use of the area for parking until it is actually needed for street purposes. He commented that the need for street widening in the area would be a function of possible future subdivision of the properties to the north. 9 -23 -74 -4- Councilman Fignar voiced a concern in terms of lighting in the parking areas on the site. Mr. Tremere responded by stating that no lighting was proposed for the parking area. He started that this constitutes an oversight on his part and -the applicant would be re- quired to provide lighting in the parking area as per the City ordinances.. Action Approving Motion by. Councilman Britts and seconded by Councilman . Planning Commission Fignar to approve Planning Commission Application No. Application No. 74006 74006 submitted by the Twin Lake Alano Society subject (Twin Lake Aland to the following conditions: Society) 1. Drainage, grading, and „berming ,plane are subject to review and approval by the City Engineer, 2. Landscaping of the phase two parking area will include berms and ,plantings so to;, provide screening Hof headlights. ; 3. The exterior, finish, of the remodeled accessory structure shall be aesthetically compatible with the .primary building. 4, All conditions of the February 251, 1974- City Council approval shall, apply . Voting in favor were: Mayor Cohen, Councilmen, ,Britts ,. Fignar and Jena en. Voting against, none. The motion passed. Action Approving Motion by Councilman Jensen and seconded by Council Planning Commission man Britts to approve Planning Commission.Application Application No. 74008 No. 74008 submitted by the Twin Lake Alano Society (Twin Lake Alano subject to the following conditions_: Society) The final plat is subject to review by the City Engineer, 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. An easement agreement as approved by the City' Engineer and City Attorney shall be - exe out edd providing for possible future widening of .-Xerxes Avenue- North Voting in favor were: Mayor,Cohen Councilmen Britts, Fignar and Jensen. Voting against: none. The motion passed. Final Plat for The City Manager then commented that the final plat Twin Lake Alano for the Twin Lake Alano :S:oci#ty, has been submitted for Society (Planning City Council cqnsIdarat4q4 . Commission Application No. 74008) Motion by Councilman Jensen and seconded by Council- man Britts to approve Xhe;.final ,plat submitted by the Twin Lake Alano Society compreYezded , in Planning Commission Application = NO. 74000 +4,4bject to .the , following condition: An easement agreement a. approved -5 9 -23 -74 i by the City Engineer and City Attorney shall be executed providing for possible future widening of Xerxes Avenue North. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar and Jensen. Voting against: none. The motion passed. The next item of business was consideration of . Planning Commission Planning Commission Application No. 74044 sub- Application No. 74044 mitted by Brooklyn Center Development Corporation. (Brooklyn Center The item was again introduced by the Director of Development Corp.) Planning and Inspection who explained that'the application is basically for site and building plan approval but the proposed site and building plans are contingent upon two technical variances relative to buffer and setback requirements. Mr. Tremere commented that one of the variances involves Section 35 -413 which provides that where a proposed I -1 development abuts an R -1 district at other than a street line, a protective strip of at least 100 feet in width shall be provided. He ex- plained that the proposed development site is adjacent can the south , to a large R -1 tract owned and partially oocuOied by the Berean Evangelical Free Church. He stated that the abutment is approximately 390 feet and the distance from the Spec Seven parking lot to the boundary varies from approximately 59 feet at the east end to approxi- mately 22 feet at the west end; thus, the subject variance is for a maximum 78 feet. He noted that the requested variance has merit when measured against the rather unique circum- stances and the standards for a variance. He explained that the R -1 parcel Is the church site and it is so zoned because the church was located there at the time of the adoption of the zoning ordinance. He noted further that the church site is addressed to in the Comprehensive Plan and it is likely the site would have been zoned R -5 or I -1 consistent with the other land west of Humboldt Avenue North and south of 69th Avenue North had the church not been there. Mr. Tremere commented that the buffer requirement is Intended to provide substantial screening from indus- trial uses and residential uses--primarily dwellings. He commented that the only single family dwelling is the church parsonage located at the far end of the parcel on Humboldt Avenue North and any additional single family dwelling construction on the parcel would require replatting, which would definitely not be in order as a good matter, of planning. He commented further that likely uses of the west portion of the R -1 parcel includes sale and rezoning to I -1, or expansion of the church parking facilities.. 9 -23 -74 -6- He then stated that the second variance is also a variance involving Section 35 -413 which provides that when a proposed I -1 development faces any residential use across a dedicated street, at least a 50 foot wide buffer strip shall be provided along said street. He noted that the proposed I -1 develop - ment abuts an approximate 90 foot length of a 30 foot wide dedication for a proposed Irving Avenue North, which extends southerly from 69th Avenue North. He commented that the use of the land to the east is R -5, specifically parking and rear yards of apartment sites and vacant lots. Mr... Tremere explained that the remaining approximate 790 feet of the east boundary of the I -1 site abuts R -5 directly. He commented that there is no foreseeable warrant for installing Irving Avenue North as dedicated, or for extending the dedicated portion to the south, He stated that the situation is unique to this parcel of land and establishing a 50 foot buffer for this approximate 90 foot length creates a hardship in that it is unnecessary. He noted that the Planning Commission had on September 19, 1974 adopted Planning Commission Resolution No. 1974 -4 recommending approval of variances requested and contained in Planning Com- mission Application No. 74044. The Director of Planning and Inspection next presented the site and building plans as comprehended in Planning Commission Application No. 74044 submitted by Brooklyn Center Development Corporation. He stated that the applicant is seeking site and building plan approval for a 137,696 square foot speculative building on the southerly portion of the parcel now known as Outlot A Twin Cities Interchange Park. He stated that the pro - perty is more commonly known as that northerly of 67th Avenue North and easterly of vacated James Avenue North. Mayor Cohen recognized Mr. Janis Blumentals who represented the applicant. Mr. Tremere stated that the primary concerns have been providing substantial delineation and screening for the massive structure which, unlike the other speculative buildings is straight line in design, rather than U- shape, thereby exposing the loading activity area. He noted that a continuous opaque screen wall is provided for a substantial portion of the perimeter of the site, particularly at the north - westerly and northeasterly portion of the site. He noted that it would be opaque vertical board fence a minimum 8 foot in height with the possibiiity of utilizing the 3 foot berm on the north green strip. Mr. Tremere stated that the applicant has provided adequate parking at a ratio of 10% office usage and 90% industrial usage. He stated that the applicant has also made provision for additional parking, a portion of which would comprehend a green area to the west of the building, as well as the possibility of utilizing a portion of the loading area should the area not be required. -7- 9 -23 -74 i He further stated that considering the approximate 900 foot length of the east driveway and parking lot, he would strongly recommend some type of bituminous speed inhibitors be incorporated into the paving of the parking lot to reduce excess vehicle speed or drag racing. Mr. Tremere -also noted that the exterior finish of the building should use earth tone colors to de- emphasize the mass of the building. A brief discussion ensued relative to the proposed landscaping of the perimeter areas. It was also noted that the roof of the building would be used for delayed drainage of surface water to the storm sewer system. A discussion ensued relative to the proposed cul -de -sac providing ingress and egress into the site. Mr. Tremere noted that 20 foot wide driveways are provided for vehicular traffic into the parking areas, as well as the appropriate 40 foot entrance way for trucks. The City Manager then provided a brief historical perspective of the proposed parcel in terms of zoning considerations. He stated that the parcel had originally been zoned I -1 but that it was rezoned at the developer's request to R -5 to provide for a three phase apartment project. He stated that the parcel had just recently been rezoned back to I -1 again at the request of the developer. He commented that over the years the direction of the development in the area has changed considerably, Councilman Jensen inquired of the Irving Avenue North extension with the City Manager commenting that the dedication had been provided when the R -5 property to the east on Humboldt Avenue North had been developed. He stated that the dedication had not been vacated by the City due to certain commercial development proposals submitted for that area. He commented that it would be appropriate to vacate the street since the City Council has adopted the olio of no industrial access from p policy 69th Avenue North. Councilman Kuefler arrived at 9 :07 p.m. Motion by Councilman Fignar and seconded by Councilman Action Approving Jensen to approve Planning Commission Application No. Planning Commission 74044 submitted by the Brooklyn Center Development Application No. 74444 Corporation, including the two variances inherent in the (Brooklyn Center application and justified on the basis -that. Development Corp.) 1. Due to the particular physical surroundings of the specific parcel of land involved a hardship would be realized if the strict letter of the buffer requirements were carried out. 2. The conditions of the application are unique in the specific parcel and are not common, generally, to other property in the I-1 district. 9 -23 -74 -g- i 3. The alleged hardship is related to ordinance requirements, the established R -1 parcel, so zoned because of an existing special use, and to the dedicated but undeveloped street right-of-way. 4. The proposed variance is not deemed to be detrimental to the public welfare or injurious to neighboring properties. S. The spirit and intent of the ordinance is retained in conjunction with the site and building plan approval considerations for appropriate landscaping and screening; said approval subject to the following conditions.- 1. Grading, drainage, berming and utility plans are subject to review by the City Engineer prior to the issuance of permits. 2. Building plans are subject to review by the Building Official with respect to applicable codes prior to the issuance of permits. 3. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure com- pletion of required improvements 4. The exterior finish and color of the building shall be harmonious so as to blend in with the overall neighborhood and earth tone colors shall be utilized in such a manner to de- emphasize the mass of the building. 5. All roof top mechanical equipment shall be appropriately screened. 6. All trash disposal areas shall be appropriately enclosed and screened from public view. 7. The area currently known as Outlots A and B of Twin Cities Interchange Park Addition, including the subject site, shall be replatted. 8. Bituminous speed inhibitors as approved by the City Engineer will be incorporated into the parking lot driving areas, specifically along the east driveway. Voting in favor were: Mayor Cohen, Councilmen Fignar, rensen, and Britts. Voting against: none. The motion passed. Councilman Kuefler abstained since he was not present for the consideration. -9- 9 -23 -74 The next item considered was Planning Commission Planning Commission Application' No. 74045 submitted by Mr. Joseph Neis, Application No. 74045 7106 Oliver Avenue North. The item was introduced (Mr. Joseph Neis) by the Director of Planning and Inspection who ex- plained that the applicant is seeking a special use permit to conduct a home occupation consisting of the manufacture of rubber stamps and involving stock -in -trade and special equipment. Mayor Cohen recognized the applicant and a brief discussion ensued relative to the nature of the opera- tion and traffic generated in the area. Mr. Tremere noted that the home occupation would be conducted in a detached double garage. Motion by Councilman Fignar and seconded by Action Approving Councilman Britts to approve Planning Commission Planning Commission Application No. 74045 submitted by Mr. Joseph Neis Application No. 74045 subject to the following conditions: (Mr. Joseph Ness) 1. The use is subject to all applicable ordinance provi .-ions 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. The City Council recessed at 9 :18 p.m. and resumed Recess at 9 :40 p. m. The next item of business considered was a proposal Industrial Signery for industrial signery on 69th Avenue North pertaining on 69th Avenue North to the speculative industrial buildings. The Director of Planning and lnspection introduced the proposal and stated that the City Council approvals of specu- lative buildings abutting 69th Avenue North have noted that signery facing 69th Avenue North would not be permitted without City Council review and approval. He stated that the intent of the City Council was to generally prohibit signery on 69th Avenue North in consideration of the residential properties to the north and the fact that there was no access to the industrial buildings from 69th Avenue North. He stated that a number of the tenants in the buildings which front 69th Avenue North have periodically requested signery and have been told of the City Council's action. Mr.. Tremere stated that the developer has recently submitted a proposed sign scheme which would apply to all tenants of the buildings facing 69th Avenue North, and essentially it consists of individual 16 -inch letters intended to convey the company's name and would be applied to the wall at a height of approximately 10 to 11 feet above grade. 9 -25 -74 -10- Mayor Cohen noted that the entrance to the industrial speculative buildings is via Shingle Creek Parkway and not 69th Avenue North. He stated that if signery is allowed on 69th Avenue North it could create a confusing situation with individuals looking for specific tenants in the speculative buildings. The Mayor then recognized Mr. Janis Blumentals who commented that the tenants on 69th Avenue North seem to be penalized by their location since they are not allowed any type of advertising signery. Action Tentatively Following extensive discussion among Council members, Rejecting Proposal motion by Councilman Britts and seconded by Councilman for Industrial Signery Fignar to direct the City Manager to draft a resolution on 69th Avenue North setting forth the City Council's concerns in tefms of signery on the industrial speculative buildings facing 69th Avenue North and rejecting the proposal as pre - sented. Voting in favor were: Mayor Cohen, Council- men Britts, Kuefler, Fignar and Jensen. Voting againstb none. The motion passed unanimously. ORDINANCE Motion by Councilman Kuefler and seconded by Council - First Reading man Britts to offer for first reading an ordinance amending Chapter 34 and 35 relative to the definition of a family. Voting in favor were. Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. ORDINANCE Motion by Councilman Jensen and seconded by Council - First Reading man Britts to offer for first reading an ordinance amending Chapter 35 relative to notices for rezoning hearings. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Ordinance Amending The City Manager next referred to an ordinance amend - Chapter 4 Relative to ment to Chapter 4 relative to repair of water and sewer Repair of Water and service. Councilman Britts inquired as to who would be Sewer Service liable for work completed without a permit. The City Attorney commented that from a legal point of view it would be the licensed plumber since the ordinance requires the permit to be issued to the property owner through his plumber. A brief discussion ensued relative to the ordinance amendment with the City Manager commenting that at present no fee has been established for the permit.. He stated that if a fee is to be considered, it would be recommended after the ordinance becomes effective. ORDINANCE Motion by Councilman Jensen and seconded by Council- First Reading man Fignar to offer for first reading an ordinance amending Chapter 4 relative to repair of water and sewer services. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. -11- 9 -23 -74 i The City Manager next offered as a discussion item Walkway Policy the development of a walkway network policy relating Providing for to walkways constructed on private property by ease- Reconstruction ment. In response to requests that the City commit of Sidewalk to reconstructing and realigning such walkways'•back on public property in the event of the future demise of those: trees, responsible for placing the walkway on eas ement, the City Manager stated that the rami- fications of such commitment had been evaluated across the entire walkway network. He stated that there are approximately 120 parcels to date upon which walkway easements have been acquired, and that the potential cost exposure if the City were to be obligated .to replace such walkways h in the even t y of tree demise would amount to approximately $63,,000 at 1974 construction rates. Discussion ensued during which policy suggestions were elicited. The City Manager suggested that if any policy at all were to be established regarding possible realignment of walkways onto public property from existing easement alignments, then such olic p Y should include a finite exposure period; for City obli- gation and the initiative for any such policy should be directly related to tree demise being, caused by side- walk construction. Councilman Tensen inquired about tree replacement possibilities whereupon the City Manager stated that a study was being conducted to ascertain the cost ramifications of tree replacement across the entire walkway network program. Mayor Cohen commented that such policies involving major costs must be accompanied by the establishment of funding reserves. Councilman Kuefler proposed that the City initiate a walkway network policy whereby if a tree on public or private property dies within two years of walkway con - struction and if the tree demise is caused by such walkway construction, then the property owner shall have the option of having the tree replaced by a smaller tree or of having the walkway realigned from private property easement onto the public property boulevard. Following discussion of the proposal it was the general consensus of the City Council to� authorize the City Manager to develop such a walkway policy and to pre- sent it to the City Council in resplution form. The City Manager next discussed the Community Center Community Center wading pool policy. He commented that he has received Wading Pool Policy a memorandum from the Director of Parks and Recreation discussing problems relating, to the wading pool and observation deck. He stated that due to the increased use of the wading pool certain controls must be instigated in the observation area. He commented that a gate will have b to a installed on the observation deck prohibiting access Into the wading pool from the deck. He stated that the use of the wading pool will be regulated through the main swimming pool access. Councilman Britts commented that he thought the matter is administrative in nature. The City Manager commented that he agrees with 9 -23 -74 -12- Councilman Britts' interpretation. It was the general consensus of the City Council that the Community Center wading pool policy be considered a matter of Information only. 1975 Budget Hearing Motion by Councilman Britts and seconded by Councilman Fignar to reconvene the 1975 budget hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The City Manager continued his indepth review of the operating accounts of the General Fund Budget. Mayor Cohen left the table and Councilman Kuefler assumed the chair at 10:50 p.m. The City Manager commented on the Park and Recreation capital items and responded to questions. Mayor Cohen returned to the table and assumed the chair at 10:5 5 p.m. The City Council next reviewed the major Recreation programs. The City Manager commented that each program has been examined, in terms of its effectiveness and its ability to support itself through user charges. He stated that expenditures have been reduced within the recreational programs by better utilization of labor without noticeably reducing service levels. Councilman Britts referred back to the Park and Recreation capital outlay items, expressing his concern over the recommendation not to fund a display case for the gallery area of the Community Center. He suggested that possibly the $500 cost could be covered by reducing a recommended $4,000 appropriation for trees in the parks. Councilman Kuefler objected to such a proposal, stating that trees should certainly have a higher priority than a questionable display case. Councilman Kuefler sug- gested that the display case,be evaluated on its own merits and if determined necessary, funded by Revenue Sharing funds. Councilman Jensen spoke in favor of funding the display case on the basis that provision for small item displays may encourage greater use and attendance at the Community Center. The City Manager commented that he was not opposed to funding the display case, but that it did not seem a cost effective item, particularly in terms of citizen interest. It was the general consensus of the City Council that the proposed budget should be amended to include funding the display case for the gallery area in the Community Center. -13- 9- -23 -74 The Director of finance next presented a Community Center Income and Expense Report reflecting both direct and allocated costs. The City Manager reviewed the elements of the report, pointing out that in 1973 costs exceeded revenues by $92,726 and a property tax subsidy of that amount was necessary. This subsidy was contrasted to a 1972 subsidy of $86,838. A discussion ensued relative to the Community Center operation and the amount of tax subsidy necessary to the operation. The City Manager commented that the operating subsidy reflects the over - optimism of earlier Community Center advocates, but that the need for subsidy should not depreciate the high public purpose which it serves in the community. He pointed out that approximately 173,000 persons passed through the turnstiles in 1973 in addition to perhaps thousands more who used other facilities within the Community Center. Council consensus appeared to the effect that the Community Center is fulfilling its intended public service and that continued cost consciousness should prevail with respect to its operation. Motion by Councilman Kuefler and seconded by Action Tentatively Councilman Fignar to tentatively approve the 1 975 Approving the 1 975 budget as presented and direct the City Manager Budget to draft the necessary resolutions for formal approval. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unani- mously. Motion by Councilman Jensen and seconded by Councilman Britts to continue the 1975 budget hearing to October 7, 1974. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting agaimgt: none. The motion passed unanimously. Motions by Councilman Britts and seconded by Adjournment Councilman Kuefler to adjourn the meeting. Voting In favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :59 p.m. Clerk � Mayor -23 -74 -14-