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HomeMy WebLinkAbout1972 07-10 CCM Regular Session Minutes of the Proceedings of the City Council Of the City of Brooklyn Center in the County of Henneptn and State of Minnesota July 10, 1972 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :35 P.M. Roll Call: Mayor Cohen, Councilmen Leary, Ausen and Heck. Also present were: City Manager Donald Poss, Director of Public Works Tames Merila, City Attorney Richard Schieffer and Administrative Assistants Daniel Hartman and Blair Tremere. Reverend Arnie Johnson of Brookdale Covenant Church offered the invocation. Motion by Councilman Heck and seconded by Councilman Ausen to approve the minutes of the Tune 7, 1972 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Ausen and Heck. Voting against: none. (Councilman Leary abstained because he was not present at the meeting.) Motion carried unanimously. Motion by Councilman Leary and seconded by Councilman Heck to approve the minutes of the June 12, 1972 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against: none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -102 RESOLUTION ACKNOWLEDGING GIFTS The motion for the adoption of the foregoing resolution was duly seconded by member Howard Beck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen and Howard Heck; 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 -103 RESOLUTION AUTHORIZING THE PAYMENT OF COSTS RELATED TO THE PURCHASE OF MINN. OSA -82 PARCELS 1, 5, Sa AND 5b INCLUDED IN THE CITY OPEN -SPACE APPLICATION 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Britts arrived at 7 :40 P.M. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -104 RESOLUTION AUTHORIZING THE PAYMENT OF COSTS RELATED TO THE PURCHASE OF MINN. OSA -82 PARCEL 7 INCLUDED IN THE CrrY OPEN —SPACE APPLICATION -1 w 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. Mayor Cohen recognized Mr. Neil PolaskJ, President of the Brooklyn Center Chamber of Commerce. Mr. Polaski distributed to the Council members and explained a letter dated July 10, 1972 relating to possible licensing of liquor sales on Sunday. He stated that the proposal for a referendum regarding licensing of liquor sales on Sunday was based on the following reasons: 1. Motels and restaurants are unduly restricted; 2. The liquor licenses issued would be used to their fullest extent; 3. It would encourage the use of the remaining licenses; 4. The fee for a liquor license is substantial and would give business a fair chance to recoup, promote, and make their businesses successful, and to encourage first class operations in Brooklyn Center. He further noted that a survey had been made of other communities regarding the licensing procedures relative to Sunday sales. Mayor Cohen then recognized Mr. Ned Delk, Manager of the Holiday Inn, who commented briefly on the prospect of an establishment having a liquor license. He stated that it was the desire of the Holiday Inn to have liquor sales on Sunday permitted. An extensive discussion ensued relative to the need for a referendum and Councilman Heck stated that he perceived the need for further input relative to the standards the Council might use for determining who has licenses, and accordingly, who would be able to sell liquor on Sunday if such a referendum was passed. Councilmen Leary, Ausen and Britts stated they agreed with the concept of a referendum and felt the matter was worth pursuing. Mayor Cohen inquired of Mr. Delk whether Sunday liquor sales were needed to maintain a quality service, and Mr. Delk responded that it was not easy to determine from a statistical point of view the advantage of Sunday liquor sales versus regular weekly sales, and correspondingly relate that to the quality of service. In response to a question by Councilman Fleck the City Manager reviewed the standards of the state law regarding liquor license requirements for Sunday sales, namely that there be a referendum passed by the voters, that there be a minimum number of 50 seats, that the hours of operation be from 12:00 noon to 12:00 midnight, and that there be a fee of $200.00 paid by the applicant. The City Manager further recommended that an appropriate time for such a referendum would be at the Primary Election in September. rollowing further discussion there was a motion by Councilman Heck and seconded by Councilman Leary to direct the staff to prepare a resolution establishing a referendum relating to Sunday liquor sales to be held in conjunction with the upcoming Primary Election and further, that the rr.tionale for such a referendum be included as per the Council discussion and the comments of the Chamber of Commerce. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The next item of business was discussion of the status of the Brooklyn Center Bus operation. The Mayor recognized Mr. Loring Staples, Metropolitan Transit Commissioner, and Mr. Robert Shiff of the MTC staff. -2- The City Manager briefly reviewed the situation and stated that staff analysis indicated that as of July 6, 1972 approximately $1,300.00 remains of the $4, 000.00 subsidy intended to finance the bus operation for a 12 -week period. He stated the estimated subsidy balance at the 4 -week period ending July 8th was $1,100.00. He further stated that on the basis of the past four week period compared with last summer's ridership records, it has became obvious the use of the bus is diminished sharply. He noted there were many opinions expressed as the reason for the diminishment ranging from scheduling, routing, personalities of bus drivers, publicity, public apathy, and fare level. He noted that, in any event, the fiscal restraints under which local government must operate do not permit the luxury of subsidizing endeavors of this sort to any large extent. He noted that on an annual basis the four week experience of the BCB projects to an annual $26,000.00 subsidy. He stated that it was therefore recommended that the Council notify the MTC that subsidy funds are nearly exhausted and consequently, Brooklyn Center's partici- pation in the bus operation must cease. Extensive discussion ensued relative to the low ridership of the bus operation and Mayor Cohen noted some of the reasons he had been given as to why people did not ride the bus. Councilman Ausen commented that it would seem that the amount of fare at 25� was one reason and noted that possibly a lower fare would mean a higher volume of riders and thus, actually more revenue would be realized than is realized at the present time. The Mayor then recognized former Councilman Theodore Willard who commented relative to the bus operation. He noted that he had been instrumental in initiating the service and he stated that the ridership results had been lower than the conservative projections which had been made, which seemed to indi- cate a greater sensitivity to the fare increase. He stated that, in his opinion, the BCB was an expensive, yet valuable, experiment and he recommended that the Metropolitan Council utilize the Brooklyn Center experience as a basis for determining the needs and feasibility of metro transit service. Mayor Cohen commented that when the City first comprehended the Brooklyn Center Bus service and initiated the operation it was not under the financial constraints which are now present. He further noted that the bus was not a frivolous experiment in that the availability of public transportation was a most basic consideration in the approval in a subsidized housing project in the City. - Mr. Staples was then recognized and thanked Brooklyn Center for participating in thr transit experience. He stated the Metropolitan Transit Commission would cooperate in any way possible in extending present routes and providing future transit services to serve the citizens of Brooklyn Center and the northern suburbs. Mayor Cohen- inquired of Mr. Shiff as to what procedures would be required to initiate a study of the transit service in Brooklyn Center, as it related to extending existing bus lines and possibly initiating a new local service. Mr. Shiff responded that a 60 to 90 day time frame would be required to make the study and make recommendations. In further discussion Councilman Heck commented that in terms of overall priorities before the City, especially in light of the financial constraints, the Brooklyn Center bus was not as great as others. Councilman Ausen stated that nonetheless it was unfortunate the bus service must be discontinued and that it seemed that the relationship of the fare was direct to the volume of ridership and that perhaps a period of lower fare should be tried. He stated he was not convinced that this aspect had been fully investigated. -3 Following further discussion there was a motion by Councilman Heck and seconded by Councilman Leary to direct the staff to notify the Metropolitan Transit Commission that subsidy funds are nearly exhausted and consequently Brooklyn Center's participation in the Brooklyn Center Bus service must cease as of July 20, 1972. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Mayor Cohen left the Council table at 8 :40 P.M. The next item of business was consideration of a draft resolution establishing election precincts. The City Manager explained that the resolution was recommended for the purpose of establishing the City election precincts effective with the upcoming September 12, 1972 Primary Election. He stated that precinct descriptions contained in the resolution are consistent with City Council directions of June 26, 1972. An extensive discussion ensued relative to the criteria used in drafting the resolution. Mayor Cohen returned at 8:50 P.M. Councilman Heck briefly commented relative to the rationale behind the establishment of the various polling places, the alignment of Precincts 6 and 7, and whether any thought had been given to a reduction in the number of voting places. The City Manager responded, and noted as to the latter concern, that the number of voting places had been discussed with the City Clerk and it was his recommendation that the number of 8 polling places was desirable. in further discussion the City Manager reviewed the present and Projected populations of each of the precincts and he stated that this was the last Council meeting prior to the deadline for such realignment. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -105 RESOLUTION ESTABLISHING VOTING PRECINCTS FOR THE CITY OF BROOKLYN CENTER 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 Deck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The next item of business was continued discussion of a draft ordinance requiring fencing around outdoor pools. The City Manager explained that the draft ordinance had been considered by the City Council on three previous occasions and that the provisions contained in the ordinance as submitted were intended to represent the Council's conclusion of June 26th, which was based upon testimony at three meetings from those advocating stringent pool protection requirements as well as those representing existing swimming pool owners. During the ensuing discussion Councilman Heck stated he had no objections to the ordinance as submitted and he inquired of the City Attorney whether the requirement for the removal of a ladder on above ground pools increased the liability of the owner. The City Attorney responded that generally it did. Councilman Ausen inquired of the City Attorney whether it was assumed in the language of the ordinance that the gate and latch required on fencing would be functioning, and the City Attorney answered in the affirmative. Mayor Cohen recognized Mr. Blaine Fluth who commented relative to the compliance and penalty provisions of the ordinance. -4_ Following further discussion there was a motion by Councilman Britts and seconded by Councilman Leary to declare a first reading on the following ordinance: AN ORDINANCE REQUIRING FENCING AROUND ALL OUTDOOR SWIMMING POOLS AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The meeting recessed at 9 :30 P.M. and resumed at 9 :55 P.M. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -106 RESOLUTION ACCEPTING VVQRK (CONTRACTED BY CIIM 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 -107 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY} 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 and Maurice Britts; and the following voted against the same: mne, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -108 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY 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 Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -109 RES LUT C MO CONTRACTED BY CITY 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; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -5- Member Howard Heck introduced the following resolution and moved its adoption RESOLUTION NO. 72 -110 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 -111 RESOLUTION ACCEPTING WORK_ GONTRACTED BY CITY) The motion fer 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 Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -112 R_E_SOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 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 -113 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY} 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -114 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY 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. -6- Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -115. RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 -116 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY 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 Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -117 RESOLUTION ACCEPTING WORK (CONTRACTED BY C 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 -118 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1972 -27, SANITARY SEWER IMPROVEMENT PROJECT NO. 1972 -28 AND STREET RESTORATION IMPROVEMENT PROJECT NO. 1972 -29, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, 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 Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -119 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1972 -34 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1972 -31 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS -7- 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 Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -120 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1972 -32 AND STREET RESTORATION IMPROVEMENT PROTECT NO. 1972 -33 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 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 adoptkn: RESOLUTION NO. 72 -121 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPR VE PRO T NO, 1972-16 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 Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -122 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEINER IMPROVEMENT PROTECT NO. 1972-17 The motion for the adoption of the foregoing resolution was dully 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -123 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEME NT PROJECT NO. 1972 -18 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT NQ. 196 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 Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72-124 RESOLUTION PROVIDING FOR PUBLIC FEARING ON PROPOSED STREET GRADING, BASE AND SURFACING IMPROVEMENT PROJECT NO. 1972 -19 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; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO, 72 -125 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1972 -27, SANITARY SEWER IMPROVEMENT PROJECT NO. 1972 -28 & STREET RESTORATION IMPROVEMENT PROJECT NO. 1972 -29 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 John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -126 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1972 -30 AND STREET SURFACING IMPROVEMENT PROJECT NO, 1972 -31 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 Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -127 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1972 -32 AND STREET RESTORATION IMPROVEMENT PROJECT NO, 1972 -33 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. Relative to a draft resolution approving plans and specifications and directing advertisement for bids (Contract 1972 -B), Councilman Britts inquired when the public hearings would be held relative to the public works resolutions. The Director of Public Works responded that the hearings were scheduled for August 14, 1972. A brief discussion ensued relative to the bidding process. -9- Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -128 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1972 -B} 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. Regarding a draft resolution approving Minnesota Highway Department preliminary plans, the City Manager explained that in conjunction with the City Engineering Department the Highway Department had prepared preliminary plans for left turn channelization and signals on Brooklyn Blvd. at the 63rd Avenue intersection and at the 69th Avenue intersection. He noted that both intersections are experiencing increasing congestion and occasional accidents as a consequence. The City Manager and the Director of Public Works then reviewed the submitted preliminary plans which were presented for approval. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -129 RESOLUTION APPROVING PRELIMINARY PLANS FOR THE IMPROVEMENT OF T. H. 152 AT THE INTERSECTION'S OF 63RD AND 69TH AVENUES NORTH 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 Auseh , Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Regarding a companion resolution the City Manager stated that the Highway Department had submitted plans for an interchange modification at Brooklyn Blvd. and FAI 94. The Director of Public Works briefly commented relative to the recommendations of the staff as well as the proposals of the Highway Department. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -130 RESOLUTION APPROVING PRELIMINARY PLANS FOR THE MODIFICATION OF THE GEOMETRIC LAYOUT OF THE INTERSECTIONS OF T.H. 94 RAMPS AT T.H. 152 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 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 -131 RESOLUTION ACCEPTING WORK AT MUNICIPAL SERVICE GARAGE -10- 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 Fleck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -132 _RESOLUTION ACCEPTING WORK AT EAST SIDE FIRE STATION 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; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager briefly explained a draft ordinance prohibiting motorized. vehicles in parks and stated that the ordinance was first read on June 12, 1972 and published on June 22, 1972. Member John Leary introduced the following ordinance and moved its adoption: ORDINANCE NO. 72 -11 AN ORDINANCE PROHIBITING OPERATION OF MOTORIZED VEHICLES IN PARKS AND OPEN -SPACE AND PRESCRIBING P NA R T -E VIOLATION_ INEREOF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 13 of the City Ordinances is hereby amended by the addition of the following: S coon 13 -301 DEFINITIONS. F r the RgMseof this ordinance the following definitions shall apply: Park and Open S ace - AM opm or enc los2d oRgce, ar2a or fag1li wher ver locaftd which is gMtLqd, o Led or controlled by thl 9 © t wi in th C t r an Ot her iti ol t8l,!WW1y which s2jkca Is r sere e nated or used for or gAs rerxea a . oed Vehicle - Any v►cle h a self -contained unit for f„or�, 111no the vehicle b y means of converting stored en 2W. Motorized v Iles would include bW OZ be ted to automobil s motor bikes, m -b es , - sno - w - mobiles and batt= yomed ca s. S c o 13-302. M D Y=gjA PRO IT F - shal l be unlawful for any r o not Waged in official businesg or other ;authorized actjyLtz to operate W ed vehicle n any 2gLk or 20n s ace within the Ci o I ftoklvn Center u n those ar2As tha are esi ted as roadwavg or P- aftim areas or goon logs 6 ftakwled the City ncii for use by particular vehig es . Sect 13-303. P2LA4M9§ Anv 2erson vio Jat this orftVcl sha c h to exceed three hundred dollars 00.0 and by iMW soament not 12 qNe ninety (90) days . Section 2 This ordinance shall become effective after adoption and thirty days following its legal publication. -11- 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, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly Passed and adopted. The City Man next bri efly Y g ommented relative t o draft n Y O ordinance amendin g P e Chapter 5 relativ ire pr v a ention an d he stated that it was recommended for the purpose of providing a variance procedure to the recently enacted fire sprinkler regulations contained in Chapter 5 of the City Ordinances. Following a brief discussion Councilman Ausen moved and Councilman Britts seconded a first reading on the following ordinance: AN ORDINANCE AMENDING THE ORDINANCE DEALING WITH FIRE PREVENTION PROVISIONS IN INDUSTRIAL AND COMMERCIAL DISTRICTS Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager explained that a portion of the improvements related to the Baerg Gardens subdivision had been completed to the satisfaction of the Director of Public Works. He stated the developer, David Baerg, has requested a reduction in the cash escrow posted as a performance guarantee from $975.00 to $400.00. Motion by Councilman Leary and seconded by Councilman Britts to authorize the reduction of the performance guarantee for David Baerg. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager briefly commented relative to a communication received from Viewcon, Inc. indicating that a construction procedures change had been implemented relative to the Chessman Townhouse project and that it might entail Council review in the near future. Motion b Councilm n Britts and seconded by Councilman Le to �Y approve the following licenses: Garbage and Refuse Hauling License Country Wide Sanitation 7106 France Ave. No. Dick's Lawn Service 4412 - 65th Ave. No. Elvine Disposal Service 5916 Garwood Road No. Gordon Rendering 19 N. E. 14th Street Haul -A-Way System, Inc. 344 Larch Street Hilger Transfer Co. 6721 - 59th Ave. No. Waste Control, Inc. 444 Atwater Street Gas Piping License advanced Heating & Air Cond. 7805 Beech Street N.E. Cronstrom's Hea ting 4410 Excelsior Blvd. Royalton Heating 4626 Lyndale Ave. No. Standard Heating 410 West Lake Street Heating & Air Conditioning License Advanced Heating & Air Cond. 7805 Beech Street N. E. Conditioning Air Equipment 3010 Clinton Ave. So. Harris Bros. Plumbing Co. 217 W. Lake Street Northtown Plumbing Co. 540 Greehaven Road Royalton Heating 4626 Lyndale Ave. No. Standard Heating 410 W. Lake Street Sian Hanger's License Stanco Sign & Sheet Metal Victoria St., Carver Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimous -12- The City Manager commented relative to a communication received from the Brooklyn Center Jaycees inquiring about a community dance which might be held at the City Garage. He stated the Jaycees noted the success of the housewarming community dance and that consideration was being given to the establishment of an annual community dance to be held at the City Municipal Service Garage. The City Manager reviewed the several concerns of the City, including the iiabilitylo the City, but he noted there were certain civic advantages, notably the community focus of such an event. Following a brief discussion there was a motion by Councilman Heck and seconded by Councilman Leary to authorize the use of the Municipal Service Garage as the site for a community -wide dance scheduled for a fall date. noting In favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Noting against: none. Motion carried unanimously. Councilman Britts briefly commented that he had received calls relative to the lack of the City- sponsored fireworks display over the July 4th holiday. Mayor Cohen responded that it seemed that this was the responsibility of various civic groups and that those concerned should contact such groups. He felt that the suggestion was worth pursuing. Councilman Ausen inquired as to when the previously reviewed housing maintenance code would be returned to the Council for further consideration. The City Manager responded that the proposed code had been reviewed by the Planning Commission and would be submitted for Council consideration in the near future. Motion by Councilman Leary and seconded by Councilman Britts to adjourn tie meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The Council meeting adjourned at 10:55 P.M. Jerk Mayor -13-