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HomeMy WebLinkAbout1972 05-22 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 Minnesota May 22, 1972 The 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 Heck, Leary, Ausen and Britts. Also present were: City Manager Donald Poss, Finance Director Paul Holmlund, Chief Building Inspector Jean Murphey, Director of Public Works James Merila, City Attorney Richard Schieffer, and Administrative Assistants Blair Tremere and Daniel Hartman. Motion by Councilman Britts and seconded by Councilman Ausen to approve the minutes of the April 24, 1972 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Leary to approve the minutes of the May 8, 1972 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -75 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF REVEREND WAYNE W. MERSING The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -76 RESOLUTION ACKNOWLEDGING C-,IFT 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, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption.: RESOLUTION NO. 72 -77 R£5OT UTiON ACKNOWLEDGING G jf'r The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; end the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -78 R ESOLUTION ACKNOWLEDGING GIFT 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, john Leary, Vernon Ausen, Howard Heck and Maurice Batts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -79 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1972 -A) 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, Vernon Ausen, Howard Heck 4 Maurice Britts; and the following voted against the same: none, wherpon said resolution was declared duly passed and adopted. The City Manager next explained that the Park and Recreation Director had received quotations for performing the Shingle Creek Park strip concept design which was comprehended by the 1972 budget. He noted that the concept envisions a professionally developed plan for the Shingle Creek strip which would address to passive and active recreational interests. He stated the fee would be $2,375.00. Councilman Britts inquired whether the proposal had been considered by the Conservation and Park and Recreation Commissions. The City Manager responded that the Park and Recreation Commission had fully reviewed the matter. In response to a question by Councilman Heck the City Manager stated that the time limit for the delivery of the report would be approximately 8 to 10 weeks. Mayor Cohen Otated that it was important for the consultant to gather all input from interested parties before setting forth any definite lines or designs of the plan. Following further discussion there was a motion by Councilman Leary and seconded by Councilman Heck to authorize the Mayor and City Manager to enter into an agreement for the Shingle Creek Strip Design Plan. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next explained that members of the Conservation Commission and the MAC - Kylawn Task Force was present to provide any necessary clarification of their 1972 Environmental Preserve Program. The Mayor then .recognized Mrs. Sylvia Winkelman who briefly explained the projects the task group hoped to pursue. She stated the materials and labor for the proposed pro- ject were donated and volunteered except that one of the projects, fencing, would have an estimated cost of $200. She stated this cost would be shared by Brooklyn Center and Gystal and that the bulk of the costs would be for services such as post hole digging equipment and operators. Mayor Cohen noted that the group had expenses of $36.00 in 1971 and that the low financial cost hardly reflected the substantial amount of work put forth in the upgrading of the MAC- Kylawn area. CounciknanAusen inquired why council authorization was needed for the proposed projects if the Conservation Commission and the Kylawn Task Group were not administrative in nature. The City Manager responded that authorization was not needed; rather the report was submitted for formal acceptance and approval of the proposed annual program. -2- Motion by Councilman Britts and seconded by Councilman Leary to accept and approve the 1972 report and proposed program of the MAC- Kylawn Task Group. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Mayor Cohen expressed the gratitude of the Council to the Commission and Task Group for their work and Councilman Heck suggested that there should be a formal expression of appreciation and commendation to the Task Group. Motion by Councilman Heck and seconded by Councilman Leary to direct the staff to prepare a resolut ion expressing appreciation of the City and commending the Kylawn Task Group for their substantial volunteer effort in upgrading the environmental preserve area. Councilman Britts commented that consideration should be given to the possible precedent set by such a resolution as it might apply to the work of the other commissions and civic groups. Councilman Heck stated that the MAC- Kylawn Task Group was a group of citizen volunteers rather than a formally appointed advisory commission and that his intent was to include collectively all those who have worked on the MAC - Kylawn project. Mayor Cohen then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next explained Planning Commission Application No. 72033 submitted by David Baerg requesting approval of a preliminary plat of the Baerg 1 st Addition to be located in the southeast quadrant of 73rd and Camden Avenues North. He stated the applicant intended to sell the lots and develop them with residential single family housing . He further noted that the southerly lot was substandard and thus was designated as an outlot and that the City had negotiated with the applicant relative to the City's purchase of the outlot as a site for an eventual well facility. He stated that such acquisition was comprehended in a draft resolution which was on the present agenda. A brief discussion ensued relative to the City's acquisition of the outlot and Councilman Ausen inquired whether an independent appraiser had been con- sulted. The City Manager responded in the negative stating that whereas inde- pendent appraisals are customarily obtained, it was the staff opinion in this particular instance that consultation with the City Assessor was sufficient for so elementary a parcel and that the cost would have been substantial and un- warranted. He noted the appraisal of the City Assessor had been acquired. Following further discussion of the application there was a motion by Councilman Ausen and seconded by Councilman Britts to approve Planning Commission Application No. 72033 submitted by David Baerg subject to the requirements of the Platting Ordinance; noting the City's responsibility for physically upgrading outlot A as necessary so as to make it compatible with the residential neighborhood. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion passed unanimously. The City Manager next explained Planning Commission Application No. 72034 submitted by Mr. Dale Dahlberg. He stated the applicant was re- questing a special use permit as required by Section 35 -322 (3a) to operate a U -Haul rental service on the site of the DX Service Station at 65th and Humboldt Avenues North. He noted that this activity was being pursued prior to the application and has continued to date. Mayor Cohen then recognized the applicant and noted that none of the notified property owners were present. Following a brief discussion there was a motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 72034 submitted by Dale Dahlberg subject to the following conditions: -3- 1. The number tmd type of rental units shall be limited to no more than nine trailers and three trucks; 2. Parking of the rental units shall be confined to the area indicated with a 50 foot setback from the south property line; 3. Th.a sit + - of the trucks shall not exceed a body length of 20 feet, and the length of the trailers shall not exceed 14 feet; 4. The permit shall be subject to review on an annual basis from the date of issue. Voting in favor wer ?: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts Voting against: mane. Motion carried unanimously. The Cey Manager next explained Planning Commission Application No. 72036 submitted by E -Z Haul Rental Company. He stated the applicant was requesting a special use permit as required by Section 35 -322 (3a) to operate an E -Z Haul rental service on the site of the Texaco Service Station at 66th and Lyndale Av;�nue North. He noted the activity was being pursued prior to the applicatich and is continued to date. The City Manager further noted the staff recommendation for continuous cast -in -place concrete curbing around the site, rather than wheel stops, as well as surfacing of the remainder of the site, other than designated green areas. Mayor Cohen recognized a representative of the applicant and noted that none of the property owners that were notified were present. Following a brief discussion there was a motion by Councilman Leary and seconded by Councilman Britts to approve Planning Commission Application No. 72036 submitted by E -Z Haul Rental Company subject to the following conditions 1 The number and type of rental units shall be' limited to no more than eight trailers and four trucks; 2. The 'size of the trailer shall not exceed 5 feet by 8 feet and the size of the truck shall not exceed a body length of 20 feet; 30 Parking of the rental units shall be confined to those areas and setbacks as indicated on the plans submitted; 4.` Continuous cast --in -place concrete' curbing shah be installed along the northerly and westerly sides of the site; 5 'All driving and parking areas shall be properly surfaced, 6. Vie permit shall be subject to the condition that, stipulated site improvements shall be completed within 60 days from the date of approval, and shall be subject, to review upon an. annual basis from the date issued. Voting in favor were: Mayor Cohen, Cou ncilmen 'Leary, Ausen, Heck and Britts. Voting against`: none. 'Motion carried unanimously: The City Manager next explained Planning Commission Application No. 72018 submitted by Wyman Smith for R.W. Steiner. He stated the application was for site and building plan approval, and that an application for a preliminary plat approval had been filed and would be considered 'at the next meeting. The City Mana�Ter further reviewed the extensive history of the attempts to develop the subject parcel as well as the concern of the Councii -and the Planning Commission relative to the relationship between this application and the project comprehended by Planning Commission Application No. 72032 submitted by Transcontinental' Development Corp.? which was approved on April 10 1972. He noted that the. Planning Commission had considered the instant application on March 30, April 6, May 4, and May 18, 1972 and had imposed the requirement that a preliminary 'plat of the parcel bv- submitted for approval as well as" wr=itten easements with Transcontinental 'Development Corp., owIHers of the parcel to the west. He noted that to date, written easements had not been secured by the applicant and prerz onted to the City. _ •. A discussion ensued relative to the access and utility provisions to the site and the Director of Public Works commented that there were adequate provisions for utility purposes. Regarding access to the site, he stated the applicant had provided for a 60 ft. opening at his east property line and this could serve any eventual development of the rear 6 acres. He further noted that the applicant indicated another access opening on the west property line which indicated common usage with the development to the west, as was the case with the access through the. Tract C parcel at the southern end of the Transcontinental Development Corp. He reviewed the consensus of the Planning Commission that the applicant should provide a 15 ft. paved roadway along the entire length of his west property line to conform with that roadway to be constructed by the Property owner to the west. The City Manager briefly commented on the easterly roadway proposed by the Transcontinental Development Corp. which had been approved by the Council, noting that the intent of the roadway was for one -way access to the rear of the shopping center as well as for loading. He stated the applicant should explain exactly what his conveyance rights were regarding that roadway, in that . Mr. Smith had previously stated this would be a part of the easement conveyance between the two property owners. Mayor Cohen then recognized Mr. Wyman Smith and Mr. Ralph Thomas and a brief discussion ensued relative to the development of the property. Council- man Heck stated that the rear 6 acres seemed to be locked in and Mr. Smith responded that the applicant had considered possible retail uses as well as low intensity office uses for the area. The City Manager noted that there was little indication that the applicant knew what would go there and that his present intent was to build the two buildings as indicated in the present application. Mr. Smith responded that the applicant fully realized that the area was difficult to develop, but was pursuing various possibilities at the present time. The Mayor then recognized Mr. David Miller, President of Transcontinental Development Corp., who stated that his firm was not interested in granting any easement for common access along their property lines without knowledge of what would be developed in the rear 6 acres. He stated his firm's concern with po- tential traffic problems as well as with the rights of access conveyed by the easement wherein one party would be providing access right -of -way without realizing any particular benefits. He stated he felt there should be full inte- grated development of the entire parcel. Mayor Cohen noted that the Planning Commission had considered Mr. Miller's concerns and had stated that an easement should be provided now since proper access to the area was vital. The City Manager commented that while he appreciated Mr. Miller's apprehensions relative to pinning down the Present applicant as to the use of the rear 6 acres, this was a development matter which was very difficult to answer at the present time. He noted the need for good and adequate access to the area including that for Transcontinental Develop - ment Corp. and said that their 261 ft. access roadway from their east line to the convenience center was barely adequate for the intended purpose. Councilman Leary stated that he agreed with the staff concern that adequate access be provided to the area for the use of both parties and said that from the City's point of view the necessary easements were needed now so that there was an assurance that proper access would be provided. Councilman Ausen stated that he appreciated Transcontinental Development Corp.'s concern that granting an easement now would mean current installation of improvements for some unknown future development. Councilman Heck stated the City was striving for a better quality develop- ment than that which would result if the individual projects were left to provide needed utilities independently. -5- Responding to Councilman Ausen's concern about the immediate installation of utilities provided for by any easements, the City Manager stated that a possible alternative which would not comprehend the full installation of a paved roadway now was that such installation would be required in the performance bond so that installation would be provided for and guaranteed, but not necessarily be imme- diately required. Mayor Cohen reiterated his concern for the possibility that "intended roadways" might not be developed. Mr. Smith noted that his client was agreeable to making any easement relative to the common access along the property lines as well as the stipulation that the 15 ft. paved roadway be compatible with and conform to the roadway installed by Transcontinental Development Corp. Further discussion ensued relative to the necessary easements and Councilman Leary stated he would feel more comfortable and certain in any approval action if the required easements were secured. Motion by Councilman Leary and seconded by Councilman Heck to defer further consideration of Planning Commission Application No. 72018 submitted by Wyman Smith for R.W. Steiner until the June 12, 1972 meeting so that necessary easements may be secured and reviewed by the staff and City Attorney before presentation to the City Council. Further discussion ensued wherein the applicant stated that he appreciated the Council's concern, but preferred that the Planning Commission recommendation for site and building plan approval be accepted so that necessary measures could be taken to firm up the development and closing procedures. He stated that such approval would then give his client the same standing as that now realized by Transcontinental Development Corp. and he noted that the application would still be subject to the securing of easements before any permits were issued. Councilman Leary responded that the intent of his motion was to make the necessary easements available before any approval, considering the com- plexity of the development and the easements as well as the somewhat tenuous nature of the development of the rear 6 acres. Responding to a representative of Transcontinental Development Corp. who inquired whether the action would retroactively apply to their application which had already been approved, Councilman Leary stated the motion was directed at the present application and the need for proper easements. The City Manager noted in that regard however, that Transcontinental Development Corp. was required to submit easements relative to Tract C of their parcel and had not yet done so. Councilman Britts stated that he was not in favor of the motion, considering that Transcontinental was not delayed relative to their easement since the require- ment was a condition of the plan approval. Councilman Ausen stated he agreed in that there are many time consuming matters involved in getting such a development underway and that it appeared the same objective could be realized via a condition of approval rather than a formal deferment. Mayor Cohen reviewed the several previous efforts to develop the sub - ject property and stated that he perceived the same need as Councilman Leary for a careful, certain approach to the approval of development plans. The Mayor then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary and Heck. Voting against: Councilmen Ausen and Britts . Motion passed. The meeting recessed at 9:45 P. M. and resumed at 10:00 P . M. The City Manager next reviewed a proposed ordinance requiring fencing around outdoor pools. He explained that the requirements of the ordinance would be related to new swimming pools and existing pools as well. -6- r Mayor Cohen noted that a number of citizens were present at the meeting and asked for their comment. Mr. Lloyd Weber, 3112 - 61 st Avenue North, Mr. Allen Goodwin, 6018 Zenith Avenue North, and Mr. Jerome Meyers, 6012 Zenith Avenue North were recognized and stated that they were in favor of such an ordinance, but felt that the Council should consider increasing the minimum height. Mr. Meyer stated that people will tend to only install the minimum - height and that it appeared a 6 ft. fence would provide a more effective barrier. A discussion then ensued relative to the types and minimum height of required fences. Responding to an inquiry by Councilman Heck the City Manager stated that there were probably some existing fences that would need modification. Furthermore, he stated that a 4 ft. fence seemed to be the standard in other metropolitan area communities surveyed and that he was not aware that the actual experience of those communities indicated any incidence of pool drownings or accidents as a consequence of the 4 ft. height. He further suggested that the 6 ft. requirement could prove to be an unrcessary financial hardship for owners of existing pools having fences between four and six feet in height Councilman Britts stated that basically a permanently installed swimming pool was a luxury and that adequate fencing and protection around that pool is essential for the protection of children and would not be an undue burden upon the owner. Relative to the proposed minimum height Councilman Heck stated that there was a need for adequate protection and that the ordinance was not intended to penalize pool owners. He stated he was in favor of the 6 ft. minimum height and that by stating that intent now, further public input could be realized at the second reading of the ordinance. Mayor Cohen agreed, stating that a 6 ft. high fence would provide privacy to the owner as well as protection for children. Councilman Ausen stated that he felt the 6 ft. minimum height should be stated in the ordinance to stimulate public input at the time of the second reading and he stated the staff should further consult with other communities which have swimming pool ordinances relative to their height requirement. Motion by Councilman Britts and seconded by Councilman Heck to declare a first reading on the following ordinance: AN ORDINANCE REQURING FENCING AROUND ALL OUTDOOR SWIMMING POOLS AND PRESCRIBING PENALTIES FOR THE VIOLATIONS THEREOF Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -80 RESOLUTION TO AUTHORIZE THE PURCHASE OF ONE 84 INCH LAWN MOMFER The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager briefly commented relative to the draft resolution authorizing a purchase agreement with Mr. David Baerg for the purchase of future well site at 72nd Avenue North and Camden Avenue North. He stated the Director of Public Works had negotiated a purchase price for a new well site as comprehended by the City's master water system plan. He noted that the site was related to Planning Commission Application No. 72033 which had been approv earlier and that the negotiated price was $4,250.00. -7- Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -81 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE PURCHASE AGREEMENT WITH DAVID BAERG FOR PURCHASE OF FUTURE WELL SITE AT 72ND AVENUE NORTH AND CAMDEN AVENUE 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, john Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next explained a proposed ordinance establishing fire prevention provisions consisting of sprinkler requirements in industrial and commercial buildings. He stated that the recommendation was for approval as a fire prevention measure in continuation of a policy established by the City Council in April, 1969. He reviewed the policy and noted the emphasis was. on prevention and in that context such a policy could extend the capability and enhance the competence of a volunteer fire department. He stated the priority was on life, safety, and that the benefits far out - weighed the cost for both the City and the developer. The Mayor then recognized Fire Chief Donald Mason who noted it was the consensus of the members of the volunteer fire department that the ordinance was needed to carry on an effective program of fire prevention and fire fighting. An extensive discussion ensued relative to the requirements of the ordinance and the City Manager cited the requirements of the Sprinkler Standard, N . F . P . A . No. 13, which was adopted by reference. He further referred to various documents and statistics which he submitted for review by the Council which he stated represented a cross section of the various opinions of experts in the field of fire prevention and firefighting. He stated that overall the documents dispelled many of the myths often offered in rebuttal of the requirements for sprinkler systems. The Mayor stated there was a particular need for such an ordinance to retain a quality volunteer fire department as well as to assure quality con- struction, specifically with regard to commercial and industrial buildings . In response to a question by Councilman Ausen the City Manager stated that the provisions of this ordinance were the same as those in the original Building Code requirements. Councilman Ausen stated that provisions should be made for appeals or flexibility in the ordinance so that if any appeals were made they would be within the context of an existing ordinance. I The City Manager stated that such provisions could be added later, but that passage of the basic ordinance was recommended now. Motion by Councilman Leary and seconded by Councilman Heck to declare a first reading on the following ordinance: AN ORDINANCE ESTABLISHING FIRE PREVENTION PROVISIONS IN IN DUSTRIAL AND COMMERCIAL DISTRICTS Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Regarding Park Capital Improvement priorities the City Manager stated that the Director of Parks and Recreation was present to discuss recommendations for such priorities which had been reviewed and recommended by the Park and Recreation Commission. Parks and Recreation Director Eugene Hagel then referred to his memoranda of May 15th and specifically to the improvements listed in Parts 1 and 2 which included proposed tennis courts, basketball courts, volleybai courts, as well as curbing in parking lots and driveways in various parks. -8- r An extensive discussion ensued relative to the need and priorities for the development of the Cdty's parks Councilman Ausen inquired as to the need for broader facilities than those specifically listed in the proposed priorities. Mr. Hagel responded that as a matter of priorities the specifics repre- sent current needs. Councilman Ausen stated that there was little indication of how much of the total needs was represented by the current recommendations. The Director of Parks and Recreation stated the concern of his department as well as the Park and Recreation Commission over the importance of various embellishments which were needed in the parks and the City Manager stated that substantial time was needed for the evolutionary development of adult - oriented or matured parks versus the installation of recreationally- oriented parks for youngsters. Mayor Cohen questioned the philosophy of scattered -site tennis courts versus a centralized -court concept. He further questioned the advisability of installing tennis courts in Grandview Park since the park was already saturated with recreational facilities. Mr. Hagel responded that the priority recommendations represent a compromise between the centralized -court concept and the other ex- treme of locating a tennis court in every neighborhood park. Rather, the recom- mendation comprehends the location of tennis courts in the major City parks. Mr. Hagel pointed out the possibility of acquiring additional land for Grandview Park from the Minnesota Highway Department and the geographic need as well as the population characteristics supporting tennis court installation in Grandview Park. In further discussion the Director of Parks and Recreation stated that the initial intent was to commence with those improvements noted in Part 1 of the Proposed priorities and it was the consensus of the City Council to approve the development of the tennis courts as stipulated in the priority development schedule. Councilman Heck commented on the finality of the various projects , once the funding of approximately $60,000 was gone, noting the ramifications of the 1971 Omnibus Tax Bill. In further discussion relative to the paving and curbing of certain parking areas, Councilman Heck commented on the priority ranking. He noted that areas around the buildings in the parks were not paved and thus dust and dirt was gen- erated by the activity around those buildings. He suggested that the amount noted in the priorities for paving and curbing parking areas should be reduced by $5,000, with that amount being diverted to surfacing around the buildings. Mr. Hagel responded that he would recommend deferral of any surfacing -around buildings until such time as comprehensive plans had been prepared for embellishing the entire park system since the type and character of any surfacing installed prior thereto could have an adverse effect on the park aesthetics. The Mayor recognized Mr. Don Reichel, Chairman of the Parks and Recreation Commission who stated that he was not sure $5,000 would be enough for adequate paving around the buildings. He stated that perhaps more study was needed before a surfacing program was undertaken. Councilman Heck stated that he appreciated Mr. Hagel's and Mr. Reichel's points and that the $5,000 could be reserved from the curbing and parking priority amount so that the Park and Recreation Commission could further review the situation and provide further input. Motion by Councilman Britts and seconded by Councilman Heck to adopt the priorities as stipulated in the proposed priority development schedule dated April, 1972, reserving $5,000 of the proposal for further consideration by the Park and Recreation Commission relative to paving around the buildings in the parks. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Motion carried unanimously. The City Manager next explained a proposed ordinance intended to comply with the provisions of a new state law which provides that effective July 1, 1 972 all existing local building codes shall be replaced by the State Code. He noted the proposed ordinance includes revised fee changes and adoption of the Minnesota State Building Code by reference. -9- r Following a discussion of the provisions there was a motion by Councilman Heck and seconded by Councilman Ausen to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES BY REPEALING THE "BUILDING ORDINANCE" OF BROOKLYN CENTER AND BY ADOPTING THE "STATE BUILDING CODE" Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. The City Manager next reviewed an ordinance which represented a transfer of established provisions relating to security systems in apartment buildings from the old Building Code to the Special Requirements section of the Zoning Ordinance. Councilman Ausen inquired whether Chapter 35 was the appropriate place for such a requirement and the City Manager stated that the provisions could be later transferred to a Public Safety Ordinance should the Council adopt one. Motion by Councilman Britts and seconded by Councilman Leary to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES BY THE ADDITION OF SPECIAL REQUIREMENTS FOR MULTIPLE DWELLINGS Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. The City Manager next explained a proposed ordinance amending Chapter 23 which was intended to make provisions for certain contractor licenses and permits which will be repealed along with the old City Building Code. Following a brief discussion there was a motion by Councilman Leary and seconded by Councilman Heck to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 23 REQUIRING LICENSING OF MECHANICAL SYSTEM CONTRACTORS, HOUSE MOVERS, AND WELL DRILLERS Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. The City Manager next discussed a proposed ordinance intended to prohibit the operation of motorized vehicles in parks. A discussion ensued wherein Councilman Leary noted that the language in the proposed Section 13 -302 was somewhat ambiguous as to the reference to designated special trails. The City Manager stated that the language could be revised and that the proposed ordinance would be returned to the Council on June 12, 1972. Relative to vacancies on the Youth Advisory Commission the Mayor stated he had received a list of persons recommended by the Commission to fill existing vacancies and that he had the opportunity to interview the individuals which he appointed and was submitting for the Council's confirmation. Motion by Councilman Leary and seconded by Councilman Heck to confirm the appointment of the following persons to the vacancies on the Youth Advisory Commission for two year terms: Heidi Stavig 7211 No,tn Willow Lane Mary Hurrle 3906 Joyce Lane Jack Petroski 3806 Commodore Drive Mike Moran 4206 Janet Lane Joan Zeller 7224 Halifax Avenue North Tim O'Gara 6800 Quail Avenue North Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. -10- Motion by Councilman Leary and seconded by Councilman Heck to approve the following licenses: B ingo Lic Brooklyn Center Jaycees 920 - 55th Avenue North Cigarette License Elm Farm Supermarket 5930 Earle Brown Drive K -Mart (S.S. Kresge) 5930 Earle Brown Drive Food Establishment Licen Coffee Time - Velie Olds ~ 611 Cedar Avenue Community Center 6301 Shingle Creek Pkwy. Elm Farm Supermarket 5930 Earle Brown Drive K -Mart (S.S. Kresge) 5930 Earle Brown Drive Gas Piping License Ideal Sheet Metal 544 N.E. Summit Moen Corp. 4733 Chowen Ave. So. Geo . Sedgwick Heating 1001 Xenia Ave. So. Superior Furnace Co. 6121 - 42nd Ave. No. Heating & Air Conditioning License Egan & Sons 7100 Medicine Lake Road T. Gustafson 5820 Cedar Ave. So. Ideal Sheet Metal 544 N.E. Summitt Key Plumbing & Heating 7217 - 77th Ave. No. Moen Corp. 4733 Chowen Ave. So. Geo . Sedgwick Heating 1001 Xenia Ave. So. Itinerant Food Est Licenses for ja_ycee Carnival Brooklyn Center Jaycees 920 - 55th Ave. No. Mr. Steeds Fort Smith, Arkansas Mr. Stanley, Jr. Fort Smith, Arkansas Mr. Stanley, Sr. Fort Smith, Arkansas Non- Perishable Food Vending License Elm Farm Supermarket 5930 Earle Brown Drive Karen's Beauty Salon 4300 - 69th Ave. No. Off -Sale Non - Intoxicating Malt Liquor License Elm Farm Supermarket 5930 Earle Brown Drive Sign Hanger's License Midway Sign Co., Inc. 444 No. Prior Avenue Plastex Fabricators of Mpls. 5727 W. 36th St. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. Relative to the City's pending foreclosure proceedings against the site improvement bond for the Brookdale Gardens Apartments the City Manager stated that it was the opinion of the City Attorney that further documented evidence from an independent consulting engineer was desirable. He stated that an engineer- ing firm had been contacted and had quoted a fee of $1,500 to $2,000 to conduct the necessary work. Following a brief discussion there was a motion by Councilman Ausen and seconded by Councilman Leary to authorize the retention of Suburban Engineering to develop further data relative to the City's pending foreclosure proceedings concerning the Brookdale Gardens Apartments; and further, to authorize the payment of such services from the Mayor and Council Contingency Fund (Account No. 401 -48). Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. -11- Relative to the City's successful suit against the State Tax Commissioner, the City Manager stated that the opportunity to appeal that portion of the ruling regarding the constitutionality of the Commissioner's administrative interpretation of the tax levy limitations legislation expired within the week. He further stated that since an appeal would have been a matter of principle, the City's Attorneys advised not to pursue the appeal since the Tax Commissioner had not moved to draw up any standards or guidelines relating to the provisions of the tax bill. Mayor Cohen stated that the crux of the issue was that the Commissioner had done nothing and thus any interpretations by his office of the tax legislation would be open to challenge. City Attorney Richard Schieffer stated that in his opinion the court decision was a good one and that should the Tax Commissioner's office move to establish guidelines or make further rulings such action could be measured against the court's decision. He stated that this would be a preferable course of action rather than to appeal the matter of constitutionality now to a higher court. It was the consensus of the Council to take no action on the matter. The City Manager next explained that Mr. R. C Ernst had requested an opportunity to renew his offer to present a certain amount of open - space at the lower edge of Upper Twin Lake under the density credit program for multiple dwellings. He noted the matter was initially comprehended by Planning Commission Application No. 69005 approximately three years ago. The Mayor then recognized Mr. Ernst who reiterated the offer made in a letter from an Attorney, Robert Hoffman, on May 23, 1969 wherein the following proposal relative to the subject property was made: the proposal would make lake shore available for public use without payment by the City; would permit the City to control the development of the balance of the property to provide a buffer between a single family development and an industrial area with trackage; would permit a landowner to utilize his property in a reasonable manner; and would add to the development base of the City. Mr. Ernst stated that in view of the recent City Council decision to abandon the taking of the subject property under the open -space acquisition Program, he desired to renew the offer made in 1969. The City Manager explained that the last date the Application was con- sidered was December 7, 1970 when the Council moved to lay over the request until a recommendation was received from the Planning Commission. He stated that the Planning Commission had passed a resolution on May 1, 1969 which it had since reaffirmed recommending denial of the application. He recommended disposition of the application. The Mayor then polled the Council members relative to the disposition of Application No. 69005. Councilman Heck stated that there was no apparent need for further deliberation and recommended negative disposition. Councilman Ausen stated that it did not seem the application had been fully resolved and that there possibly were grounds for further consideration. Councilman Leary stated that the broader issues raised by the application could be discussed in a general context, but that the application should be dis- posed of on its merits and thus he would vote for denial. Councilman Britts stated that while he felt some disposition of the application should be made, he had not had an opportunity to thoroughly study the matter. Mayor Cohen stated that the question before the Council was the specific proposals made by the applicant and he said td-.at in light of the time v►. hich had ensued since the application was initially introduced, the application should be denied. -12- The City Manager stated that several considerations which concerned the staff were the current circumstances involved such as whether the applicant was, in fact, the owner of the subject land and thus, whether he could make such an offer as well as the substantial development which the City 'has ex- perienced since the application was made. Motion by Councilman Leary and seconded by Councilman Heck to deny Planning Commission Application No. 69005 submitted by R. C. Ernst for Bryant Investment Co. noting the change in circumstances regarding the subject land and the applicant's proposal, as well as the Planning Commission Resolution No. 69 -3 dated May 1, 1969 recommending denial of the rezoning request. In further discussion Councilman Ausen stated that the application had been deferred with the applicant's consent to permit a professional planning study of the southwest neighborhood, and thus the burden of any delay regarding the application was with the City and not the applicant. Mayor Cohen stated that he did not feel the land in question was suitable for the construction of multiple dwellings. Councilman Ausen responded that if the City did not have a good alternative it should consider this one. The City Manager stated that any disposition of the application should be based upon the Comprehensive Plan and he stated that while he was not suggesting that a new application be submitted, the use of the land in that area should be considered by the Planning Commission as a Comprehensive Plan matter. Councilman Britts stated that he agreed and on that basis was in favor of denial of the present application. The City Manager further commented that the Planning Commission was currently in the process of reviewing the Comprehensive Plan. The Mayor then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts. Voting against: none. Not voting: Councilman Ausen. Motion carried. Following further discussion there was a motion by Councilman Britts and seconded by Councilman Ausen to direct the Planning Commission to review land use possibilities for the subject property within the context of the Comprehen- sive Plan. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Britts to adjourn the meeting. Voting in favor were: Mayor Cohen, Councimen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Council meeting adjourned at 1:15 A.M. Clerk X Mayon -13-