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HomeMy WebLinkAbout1972 02-28 CCM Regular Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of s February 28, 1972 The City Council met In regular session and was called to order by N +ayor Philip Cohen at 7.35 P, M, Roll Calls Mayor Cohen, Councilmen Leary and Heck. Also present were: City Manager Donald Poss, Director of Public Works James Arerila, Director Of Finance Paul Holmlund, City Attorney Richard Schiefler, and Administrative Assistants Blair Tremere and Daniel Hartman.. The invocation was offered by Reverend Lynch of Brooklyn Center Baptist Church. Motion by Councilman Heck and seconded by Councilman Leary to approve the minutes of the January 31 1972 Council meeting. Voting in favor were: Mayor Cohen, Councilmen Leary and Heck. Voting against: none. Motion carried unanimously, The City Manager explained a proposed resolution regarding a Joint municipal information system. He stated the prospective participants In a multi- community management information system have determined the need to secure formal statements of Intent to participate in the development of such a system. He stated that the proposed resolution is Intended to .provide the organ- izational framework necessary to develop a draft Joint powers agreement which will be submitted to the various participating City Councils for review and approval. A brief discussion ensued relative to the basic applications of the system and the number of communities which would participate in such a system. The City. Manager emphasized that the system would be designed so as to provide that the input and control of the system would be local, Member John Leary Introduced the following resolution and gyred its adoption: RESOLUTION NO 72 -22 RESOLUTION OF INTENT TO ENTER INTO A JOINT POWERS AGREE - The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck., and upon vote being taken thereon, the following voted in favor. thereof: Philip Cohn, John Leary and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next explained a proposed resolution accepting water tower painting bids, He stated that the Director of Public works had received bids for the routine painting of the one million gallon elevated water storage tank at 69th and Dupont Avenues North. A fief discussion ensued relative to the range of the bids and the Director of Public Works stated that the low bidder had been duly Investigated and that it was recommended that the bid be accepted. Member Jobe Leary introduced the following resolution and moved its adoption: RESOLUTION NO, 72 -23 RESOLUTION ACCEPTING BID FOR CLEANING PAINTING OF THE . EXTERIOR & INTERIOR OF ONE 1 000, 000 GALLON ELEVATED WATER Mom »h . The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.. The City Manager next reviewed a proposed resolution approving T. H. 152 construction plans. He stated that the Council had previously approved preliminary plans for the construction of T. H. 152 south of T. H. 100, and that on December 21, 1970 the Council adopted Resolution No. 70 -242 agreeing to consider entering into an agreement with the Minnesota Highway Department to participate in the cost of the project. He further stated that the Minnesota Highway Department proposes to open bids for the project on March 24, 1972 and has requested final plan approval prior to that time.. The City Manager noted that a variety of meetings have been held over the past two years for the purpose of getting Input from the residents affected by the project and that the Director of Public Works was prepared to discuss the project and answer questions. The Director of Public Works stated that the District 5 office of the Highway Department has concurred with the City's opinion that traffic lights should be installed at the intersection of Highway 100 and 152 and that a walkway be constructed over Highway 100 at the intersection of T. H. 152. The City Manager noted that both of these considerations have been somewhat lagging in the con- struction schedule and that the proposed resolution strew attention to this. The Director of Public Yorks commented that no major changes had been made from those indicated in the preliminary plans. Further discussion of the proposed resolution was deferred until later in the meeting. The City Manager next reviewed Planning Commission Application No. 71052 submitted by Marvin Gordon requesting rezoning from R-1 to R -3 of the property located on the south side of 1 -94 at Lee Avenue North extended. He stated that Planning Commission Resolution No. 72 -1 recommended the denial of the application, noting that the proposed rezoning had been duly presented at a public hearing on December 2, 1971, and that the application had been submitted to the West Central Neighborhood Advisory Group, whose report dated January 5, 1972 had been reviewed and placed on file. The City Manager further commented that the applicant had recently met with the staff relative to alternative methods of developing the property and that discussion had ensued concerning the possibility of developing a group of single family attached housing units at an R--1 density. He stated that while some minor setback variances would be required, such a development at an R -1 density would generally meet ordinance and zoning code requirements. Mayor Cohen noted that notices of hearing had been sent to neighboring property owners, many of whom were present, and that at the December 2, 1971 hearing there had been submitted for the file a petition opposing the proposed rezoning. He further commented that the applicant was. not present. Councilman Britts arrived at 8:20 P. M. A discussion ensued relative to the need for variances, and in response to a question by Councilman Heck the Director of Public Works stated that only minor variances relative to distance or setbacks would be required for a conven- tional R -1 type of development. Following further discussion there was a motion by Councilman Heck and seconded by Councilman Britts to deny Planning Commission Application No. 71052 noting that: -2- 1 The subject property has been consistently conceived as R -1 in nature and that there has been no significant change in the property since the last zoning review; 2. The proposed rezoning constitutes "spot zoning "; 3, The cost of developing the land for R -1 purposes is not substantially different from R -3 development costs; 4. With respect to non- economic factors, no reliable testimony has been introduced to indicate that it is not feasible to develop the land for R -1 use; S. The size of the tract is not viable for sound R -3 residential development. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Leary and seconded by Councilman Heck to deny Planning Commission Application No. 71053 submitted by Marvin Gordon requesting site and building plan approval, which was contingent upon the approval of Planning Commission Application No. 71 -52. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72003 submitted by Bud Schlee requesting a subdivision variance. He stated that since the public hearing for this application was held February 3 1972, the applicant had notified the staff that he intended to obtain the subdivision via recorded plat, and thus the present application was recommended for denial. Motion by Councilman Leary and seconded by Councilman Britts to deny Planning Commission Application No. 72003 submitted by Bud Schlee, Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts, Voting against: none. Motion carded unanimously„ The City Manager next reviewed Planning Commission Application No. 72010 submitted by Dietrich Company. He stated that the applicant was requesting site and. building plan approval for a 95 -unit townhouse complex to be located at Brooklyn Blvd. and Wingard Lane. He noted that the site contains about 14 acres with the proposed density being approximately six units per acre, and he stated that the ordinance permits a density of eight units per acre in an R -3 zone. The Mayor recognized Mr, Warren Olson, a representative of the applicant, who explained that the applicant had made repeated attempts to acquire the property exception which was noted on the proposed plans. He stated that since the owner of the excepted property chose not to sell at this time, the applicant had proceeded with the master plan design of the proposed project incorporating provisions for the eventual development of the excepted property. He noted that it was the applicant's intent to proceed with the development of the southern portion of the property first. Mr. Olson explained that the common areas would be owned, operated, and maintained by a homeowner's association and that copies of the association's agreement had been submitted to the City for review. He stated that the appli- cant would provide mounding or berming on the northwest, southwest., and south- east quadrants of the intersection of Perry Avenue North and Wingard Lane as indicated on the site plans. He noted that it was the intent of the applicant to create a "park- - like" atmosphere and that the specific development of the common areas, such as the provision for recreational facilities,, would be up to the home- owner's association, He stated that the developer would provide landscaping of the open space areas and would be seeded, whereas the individual lots would be sodded, -3- The City Manager stated that the Council should assure that the applicant actually provides turf throughout the area, whether it is done by sodding or seeding, and that this should be accomplished by the end of the first growing season during the actual opening of the project. Mr. Olson further noted that the east -west through road was 30 ft, wide, rather than 24 ft wide, as was the balance of the internal roadways, because the through road might be used in the future as an access to Brooklyn Blvd, by the owner of the property to the west, The Director of Public "Vlorks stated that while ideal access to the project from Brooklyn Blvd. would comprehend an entrance opposite the present roadway opening of Wingard Lane, this was not possible at this time because the applicant had not been able to get an agreement for purchase or easement from the owner of the excepted property westerly of Wingard Dane. He recommended that the Council approve the master plan submitted by the applicant which also comprehended the development of this excepted area, so that parcel could be developed with continuity to the proposed complex, and thus provision could be made for the most desirable roadway access location at Brooklyn Blvd. He further stated that written documentation should be presented which authorized the future access to Brooklyn Blvd. to the property west of the proposed project via an extension of Wingard Lane. He stated that this was necessary in that the internal roadways of the complex were privately owned. Mr, Olson continued, relative to street lighting, that he had discussed the spacing of the street lights with the staff. He noted also the applicant's Proposal that the individual property owners would be assessed for the type of street lighting desired, and further, that the power for and the maintenance of the street lighting system would be supplied by the City in the same manner as resi- dential areas throughout the City are provided such service. The Director of Public Works responded that this project differs from the normal City residential street lighting situation in that it is a condominium -type development, with all internal roadways being privately owned and maintained. The City Manager stated that it was the staff position that the developer is responsible for his own lighting as he is for the maintenance of the internal roadways themselves. He noted that, to date, the City provides for street lighting only on public ways and that to provide for street lighting in this project would be a major policy change of significant financial implication. Relative to the spacing of the street lights the Director of Public Works suggested that the spacing be shifted to provide for better overall wide cover, especially in the curved street areas, Mr. Olson stated that the open area near the north extension of Quail Avenue North and the open area near Brooklyn Blvd., northerly of Wingard Lane, would be developed so as to permit access by emergency vehicles in the event the primary entrance to the complex was blocked. The Director of Public Works stated that the applicant's provision for emergency vehicle access had been reviewed and recommended by the staff. He stated that those locations would be developed as open areas and would serve as accesses for emergency vehicles only. An extensive discussion ensued relative to the proposed project and the Director of Public Works noted that the sloping in the common areas,, as indicated on the proposed plans, was too steep to be of a useable nature due to the plans comprehending extensive surface drainage,, rather than an installed storm sewer system. He stated that the applicant had been working with the staff on a revised grading plan which would utilize a storm sewer system, The City Manager reviewed the longstanding policy of the City to provide and require complete underground storm sewer drainage facilities, It was the consensus of the Council that the proposed project should be thoroughly storm sewered. The City Manager noted that the open area indicated on the site plans behind and northerly of Blocks 14, 15, and 16 was not owned by the developer, but rather was the easement along County Ditch 13 or Shingle Creek. He also commented that the developer was attempting to purchase the triangular strip of land lying between Shingle Creek and the existing north property line of the townhouse complex:. The Director of Public Works noted that there was a discontinuity of screening in some of the areas on the southerly portion of the project where buildings abut the property litres. Mir, Olson responded that the buildings them- selves would serve as screening between the open areas of the project and the properties to the south, The City Iv,anager stated that there had been concern by the Planning Commission that lights from automobiles within the project would shine into neighboring homes southerly of the project. Councilmen Heck and Britts inquired as to whether the indicated screening and the applicant's suggestion that the buildings themselves would serve as buffers were, in fact, adequate. Councilman Heck stated that it appeared that the location of some of the units were very close to some of the existing residential structures to the south and that there was little, if any, area left for adequate buffering, Mr. Olson responded that overall, the development was below the density requirements of the City code and was thus not crowded; and, that the Portion of the buildings abutting the southerly property line would not be used for general recreation or open space use. Councilman Heck stated however, that his concern was with the bulk of the buildings themselves, and that most residential homes do not have a large neighboring structure practically in their back yard, Mayor Cohen recognized Mr Dale Maguson, 4830 ° 71st Avenue North, and. Mr, Bob Kneefe, 4836 - 71st Avenue North who stated that adequate buffering was their primary concern as well. W. Magnuson also stated that he was con- cerned with the protection of the R -1 territorial integrity of the property to the south in that the homeowners along 71st Avenue were required to have a rear yard setback of 40 ft. from the property line, whereas the applicant did not have such a requirement because the area was a side yard, thus the proposed townhouses were closer to the property* line, A discussion ensued relative to the possibility of the applicant increasing the setback of the proposed townhouse buildings from the southerly property line, Mr. Magnuson and W. Kneefe indicated that their concern would be alleviated If the setback distance were increased and adequate screening were provided for the proposed project, which they recognized as a seeming quality development. The City Manager stated that the Planning Commission had noted, relative to the signery indicated, that a variance would be required to permit two signs In that there is only one major entrance to the complex. Mr.- Orson responded that the applicant felt the dual sign arrangement at the main entrance was a tasteful and integral part of the development and that a variance would be requested. Mayor Cohen inquired as to what measures were provided to assure such services as garbage pick -up and snow removal. Mr. Olson responded that those services as well as the uniform maintenance of the common areas would be the responsibility of the homeowner's association. Councilman Heck then inquired as to whom the City contacted should any problems arise with regard to trash pick -up or utility maintenance, The City Manager replied that the City would deal with the Individual homeowner rather than the association. Following further discussion there was a motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No, 72010 submitted by the Dietrich Company,, noting the recommendation per - tains to the development according to the master plan, which comprehends the possible future development of the now excepted property as indicated on the attached portion of the submitted site and building plans; and noting further that the approval is subject to the following conditions: -5- I . The applicant will work with the staff relative to the possible northward relocation of the buildings along the southerly property line of the development; 2. The landscaping of the developed common areas and developed individual lots shall include a fully developed turf (either by seeding or sodding) by the end of the respective growing season during which development occurs; 3. The declarations of the homeowner's association agreement are subject to review by the City Attorney; 4, Detailed plans for utilities, site grading, and drainage shall be approved by the City Engineer prior to the issuance of any building permits; S. The final building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 6. The plans are approved exclusive of any signery; 7. A written provision shall be made to the City for the sidewalk easement on Brooklyn Blvd, across the properties presently owned by Rosenow and Gronfield; 8. A performance agreement and financial performance guarantee (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts, Voting against: none. Motion carried unanimously. In response to a request by Councilman Britts, the City Iv anger stated that a notice of the Council's action will be sent to Mr. Marvin Olson, owner of the excepted property on Brooklyn Boulevard. The meeting recessed at 10 :05 P.M. and resumed at 10 :25 P.M. The City Manager next reviewed Planning Commission Applications No. 72007 and No. 72008 submitted by Super Valu Stores, Inc. He explained that Application No. 72007 was a request for a special use permit for a proposed gasoline fueling station to be located in the southeast portion of the parking lot of the Super Valu Store at 5801 Xerxes Avenue North. He noted that the only pro- posed use was the dispensation of gasoline, and that there would be no service equipment for auto repair, greasing, tire changing, or oil changing. Councilman Britts inquired as to the status of the curb cut on Xerxes Avenue North leading to the Super Valu parking lot, noting that the opening was only temporarily authorized by the City and was not a permanent part of the Super Valu site. The City Manager stated that City Council Resolution No. 71 -73 dated April 5, 1971, resolved that the temporary driveway entrance would be allowed to continue until such time as the City Council determines, upon the recommendation of the Director of Public Works, that the number of traffic conflicts have reached a congestive volume, The City Manager further noted that the Planning Commission had exten- sively discussed the possible ramifications of the closing of the curb cut and the location of the gasoline service station, He noted that the applicant had complied with a condition of the recommended approval by the Planning Commission and had submitted a letter to the City dated February 10, 1972 acknowledging the applicant's awareness of the City's position regarding the Xerxes Avenue curb cut and stating that the proposed fueling station operation would not serve as legal grounds for retaining the curb cut on Xerxes Avenue, The Mayor then recognized Mr, William Hunt representative of the applicant, who stated that the gas dispensing facility was not intended to draw traffic from the street. He noted the applicant's feeling that the closing of the curb cut would have an undesirable effect on the total business, but that the pro- posed gasoline operation would not be dependent upon, nor would it substantially affect the status of the opening on Xerxes Avenue. Mayor Cohen commented that nonetheless there was a potential very undesirable situation in that there could be an ext traffic back -up. -6- The City Manager noted that the companion Application No. 72008 was for site and building plan approval for the gasoline fueling station which would be a 6 ft. by 14 ft. building to be used as an office for the attendant. He stated that all the surrounding lot service would be either bituminous paving or concrete. He noted that the applicant had submitted a revised site plan Indicating that the site of the fueling station. had been relocated one parking bay farther south than was initially shown on the plans shownto the Planning Commission, He said the plans indicated that eight parking stalls would be eliminated In the area where the fueling station had been initially proposed and that portion of the lot would be used as a stacking area for customers utilizing the fueling station. He commented that a total of sixteen parking stalls would thus be eliminated from the entire lot, but that the remaining stalls would exceed the requirements of the ordinance. The City Manager stated that the applicant had further complied with a condition of the Planning Commission recommendation and had submitted plans providing for traffic flow regulation. In response to an inquiry by Councilman Heck, Mr. Hunt commented that there would be no signery other than a small "gasoline" wall sign, and that the exterior finish of the building would be similar to that of the main store. He further noted that it was the intent of the applicant not to operate the station after midnight and that an independent brand of gasoline would be retailed. Following further discussion there was a motion by Councilman Britts and seconded by Councilman Leary to approve Planning Commission Application No. 72007 submitted by Super Valu Stores,, Inc. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts. Voting against; none. Motion carried unanimously, Motion by Councilman Leary and seconded by Councilman Britts to approve Planning Commission Application No, 72008 submitted by Super Valu Stores, Inc, as revised and noting the following conditions: 1. Utility and drainage plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 21 Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager offered comments relative to the possibilities of a joint ice arena operation involving the communities of Brooklyn Park, Brooklyn Center, Crystal and New Hope. He stated that preliminary discussions have been held among the Managers of the communities at the invitation of Brooklyn Park. He stated that it seemed Brooklyn Park was willing to proceed either jointly or inde- pendently and therefor an indication of serious Intent to participate in a joint Ice arena endeavor was desired during the first part of march. Mayor Cohen stated that the concept appeared to be the only alternative given the definite determination by the voters of Brooklyn Center not to indepor dently finance and operate a City ice facility. He stated that the concept of a joint operation was worth pursuing, Councilman Heck inquired at what point the City would become fully involved with such a project, and the City Manager responded that full participation would not be realized until the formation of a formal joint powers agreement. He also noted that the Managers' concern during the preliminary discussion had been with the cost of the building and operating such a facility, Councilman Britts stated that he welcomed the idea of a joint facility given the decision of the Brooklyn Center citizens, and that the concept was worth pursuing. "7- Following further discussion there was a motion by Councilman Heck and seconded by Councilman Leary to indicate a serious interest in participating In a joint municipal ice facility and further, to authorize the staff to pursue the development and analysis of such a concept. Voting in favor were: Iviayor Cohen, Councilmen Leary, Heck and Britts, Voting against none. Motion carried unanimously. Councilman Leary left the Council table at 11;00 P.M. There then ensued a continuation of the discussion relative to the proposed resolution regardng the approval of T.H. 152 construction plans. The :Director of Public Works proceeded with his explanation of the final glans, and the City Manager recommended that the Council qualify the resolution relative to establish - ing a schedule for improvements such as a pedestrian walkway across T.H. 100 and traffic signals at T.H. 100, Councilman Heck agreed and stated that provision for the pedestrian crosswalk should be incorporated in the resolution, in that it alleviated a danger which was intensified due to the installation of sidewalks along Brooklyn Blvd. which encouraged pedestrian traffic. A brief discussion ensued relative to the removal of trees along Brooklyn Blvd. and the Director of Public Morks stated that approximately eight trees would be removed by the Highway Department. Councilman Heck stated that if the Highway Department would not replace the tress possibly the City should, since it is a City policy to do so in the course of City improvement projects. Member Howard Heck introduced the following resolution and moved its adoption; RESOLUTION NO. 72 -24 RESOLUTION APPROVING T. H. 152 HIGHWAY CONSTRUCTION PLANS W MIN THE CITY OF BROOKLYN CENTER FROM THE SOUTH CORPOR- ATE O 25 MMS SQUIHUSI Q 1 go 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, Howard. Heck and Maurice Britts; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. In further business the City Manager stated that as a matter of concluding 1972 negotiations with the Brooklyn Center Police Association, it was recommended that the Council authorize an increase in the annual uniform allowance from $lS0 to $175. He explained that the authorization would be within the terms of the negotiation and settlement procedures undertaken on a multi - community basis, Following a brief discussion there was a motion by Councilman Heck and seconded by Councilman Britts to authorize the adjustment of the police uni- form allowance from $150 to $175. Voting in favor were: Mayor Cohen, Councilmen Heck and Britts. Voting against: none, Motion carried unanimously. The City Manager next reviewed a proposed ordinance which would amend Chapter 17 of the City .Ordinances. He stated that the ordinance amendment was intended to implement the provisions of a new state law relative to authorized legal holidays as well as elements of the 1970 police negotiations. He stated that the ordinance amendment was initially read approximately one year ago and was administratively deferred because of a technical obstacle. A brief discussion ensued relative to the provisions of the ordinance amendment. Motion by Councilman Britts and seconded by Councilman Heck to declare a first reading on the following ordinance: ..gr AN ORDWNCE AhaNDWG C R 17 OF THE CnY ORDINANCES Voting in favor were; Mayor Cohen, Councilmen Beck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman 8riitts and seconded by Councilman Heck to approve the following licenses; _Bench 7.icense U.S. Bench Corporation 3300 Snelling Avenue 910=2 Clouse Pioneer Vending (.00lworth's) 1164 Selby Avenue Servomation (Donaldson! s) 4301 - 68th Ave. No. Estab]lshM2nt License A. R.A. Service (NW. Bell.) 5910 Shingle Creek Pkwy. Brooklyn Center American Little League 3612 Woodbine Lane Brooklyn Center Country Boy 4401 - 69th Ave. No, Burger Ding 6110 Brooklyn Blvd„ Chuck Wagon, Inc. 5720 Morgan Ave. No. Dayton`s, Inc. 1100 Brookdale Center Kentucky Fried Chicken 5512 Brooklyn Blvd. Nature Food Center 1328 Brookdale Center Ricco's 5742 Morgan Ave. No. Roy's A & W 6837 Brooklyn Blvd, T.j's Restaurant 5532 Brooklyn Blvd. N 9p F en ns Al's Northbrook Barber Shop 5708 Morgan Ave. No. A.R.A. Service (N. W, Bell) 2830 North Fairview Ave. Bill's Vending Service Co.. 7317 West Broadway Christy's Auto Service 5300 Dupont Ave, No. Duane's OK Tire Store 6900 Brooklyn Blvd. Servomation 4301 - 68th Ave. No. Read it Perishable Food VendUg MachjDS L c s Servomation (Donaldson' s) 4301 - 68th Ave. No. Snecial Food Handlers use LaBelle's 5925 Earle Brown Drive Voting in favor were: Mayor Cohen, Councilmen Heck and Britts. Voting against: none„ Notion can unanimously. The City Manager briefly explained that the staff was proceeding with its research relative to hire protection and the use of fire sprinkler systems. He reiterated the opinion with regard to fire sprinkler systems, as well as local requirements of dead -bolt locks in multiple housing, that the new state _code did not prohibit such requirements. Councilman Britts stated that he had received a complaint relative to enforcement of the junk vehicles ordinance and that after examining the City's Ordinances as well as the ordinances of other communities, he felt there was a need for re- examination. He stated that it appeared the ordinance was vague and there was a need for more concise language, specifically with regard to the storage of automobiles on private property. Mayor Cohen responded that the effect of the ordinance had been to clean up the storage of junk cars in private yards as well as open areas and he suggested that if Councilman Britts felt that the ordinance requirements were nebulous In their interpretation he should discuss and initiate suggested changes through the staff. Councilman Britts responded that he intended to consult with the staff and he noted that the complainant was present, who had been recently contacted by the police relative to the ordinance provisions as they applied to his storage of vehicles on his property. -9- The Mayor recognized Mr. Steven Lunacek, 5201 Xerxes Avenue North, who commented as to his situation and questioned the legality of the ordinance provisions. He stated that he had been led to believe that the ordinance was not enforceable without a complaint from a citizen. The City Manager responded that the City Ordinance can be enforced with or without citizen- initiated complaint, and that particularly with the on -set of spring, police - initiated enforcement of the ordinance provisions related to funk and abandoned vehicles on private property are common. He further noted that the intent of the ordinance was spelled out as clearly as seemed possible after a considerable amount of deliberation had occurred prior to the adoption of the ordinance and that the ordinance has since proved effective in keeping the City generally clear of -junk vehicles. Motion by Councilman Britts and seconded by Councilman Heck to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Heck and Britts, Voting against: none. Motion carried unanimously, The Council Meting adjourned at 11 :55 P. M. Clerk Mayor -10-