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HomeMy WebLinkAbout1972 08-14 CCM Regular Session Minutes of the Proceedings of the City Council Of the City of Brooklyn Center In the County of Henne in and Sta of Mann sota August 14, 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, Fleck and Britts. Also present were: City Manager Donald Poss, Director of Public Works James Merila, Assistant Director of Public Works Gerald Butcher, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, and Administrative Assistants Daniel Hartman and Blair Tremere. Motion by Councilman Britts and seconded by Councilman Ausen to approve the minutes of the June 26, 1972 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Mayor Cohen presented a plaque from the American Automobile Association recognizing Brooklyn Center's excellent record in the field of pedestrian safety during the past year. He noted that the pedestrian safety citation was given as part of the 33rd annual pedestrian safety inventory taken by the Automobile Association. The City Manager and Director of Public Works accepted the plaque for the City. The first item of business was relative to the proposed release of the performance guarantee cash escrow held for certain site improvements on the Velie Oldsmobile property. The City Manager stated that a fence has been installed as directed by the City Council along the east line of the property and the fence was of the same design as the North Star Dodge fence which was cited as a standard of quality. He recommended that the balance of the performance guarantee cash escrow in the amount of $3,500 be released. A discussion ensued and Councilman Britts inquired who was responsible for the maintenance of the fence. He stated that his field investigation revealed that the side of the old fence facing the neighbors to the east did not appear to be well maintained. The City Manager commented that the City is not directly involved vaith fence maintenance and that the subject fence was entirely on the Velie Oldsmobile property and thus would be the responsibility of the Velie Oldsmobile Company. Councilman Heck stated that, in his opinion, if the fence became a major eyesore and a point of contention it could be a factor of consideration when the automobile dealer's license was reviewed for Velie Oldsmobile. The City Manager agreed, but noted that there are a number of problems inherent with the maintenance of fencing and that businessmen often contend that these problems are aggravated by malicious mischief and vandalism. Following further discussion there was a motion by Councilman Heck and seconded by Councilman Britts to release the $3, 500 cash escrow held as a performance guarantee for Velie Oldsmobile. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Fleck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Britts and seconded by Councilman Leary to instruct the staff to communicate in writing the concerns of the Council relative to the continued maintenance of the fence along the east property line to Velie Oldsmobile Company. Voting in favor were: Mayor Cohen, Councilmen { Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. r Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -138 RESOLUTION AUTHORIZING PAYMENT OF CERTAIN COSTS RELATED TO MINN.- OSA -82 PARCEL 2 INCLUDED IN THE CITY OPEN SPACE APPLICATION 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 -139 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR TENNIS COURTS FOR GRANDVIEW, KYLAWN AND WEST PALMER LAKE PARKS, AND DIRECTING ADVERTISEMENT FOR BIDS 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 ordinance and moved its adoption: ORDINANCE NO. 72 -13 AN ORDINANCE AMENDING THE ORDINANCE DEALING WITH FIRE PREVENTION PROVISIONS IN INDUgIRIAL AND COMMERCIAL DISTRICTS THE aTY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 5 of the City Ordinances is hereby amended by the addition of the following: Section 5 -303. VARIANCES (ADTUSTMENTS) . The procedure for obtaining a variance from the requirements of this ordinance shall be the same as set out in Section 35 -240 of the Ordinances of the City of Brooklyn Center. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property, or use under consideration The provisions of this ordinance, considered in conjunction with the unique and dis- tinctive circumstances related to the property or uses thereof must be the proximate cause of the hardshi • circumstances caused by the p roperty owner or the applicant or a Predecessor in title shall not - constitute sufficient justification to Want a variance. A variance may be ranted by the Ci Council after demons tion b evidence that all of the following qualifications are met: 1. A particular hardship to the owner would result if the strict letter of the regulations were carried out; 2. The conditions uR2n which the application for a variance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not common, -generally,-to other gLoReM or uses thereof within the same zoning classification; -2- 3 r variance will not be detrimental to the - P ublic welfare or in urious to other groeg or im rov ments in the neighborhood. (Section 5 -303) Section 5 -304. PENALTY. Any person violating the Provisions of this ordinance shall, upon conviction, be punished by a fine not exceeding three hundred dollars ($300.00) and imprisonment not exceeding ninety (90) days.. Section 2: This ordinance shall become effective after adoption and 30 days following its legal publication. 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. Member Maurice Britts introduced the following ordinance and moved its adoption: ORDINANCE NO. 72 -I4 AN ORDINANCE REQUIRING FENCING AROUND ALL OUTDOOR SWIMMING POOLS AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Sectio 19-14 SWIMMING POOL DEFINED. For purposes of this ordir ance a swimmi 01 is defined as an structure basin chamber or tank contai na an artificial body of water for swimming, diving or recreational bathing and having a depth of mo than 24 inches at any point and a surface area ex ceedina 150 sa. ft. Section 19 -1402. FENCING RE4?UIRED AROUND OUTDOOR SWIMMING POOLS. All outdoor swimminci 22ols existing and hereafter constructed shall be com letel — enclosed IDs ed b a security fence or wall at least 4 ft. high and located at least 4 ft. from the edge of the swimming of on at least 1 of the Rerimeter. All fence openings or points of entry into the pool area shall be equipped with g ates. All ates shall be ewyii4v, ed with self- closin and devices P laced at the of the gate or in a manner otherwise inaccessible to small children. An o enin s between shall not exceed 4 inches . the fence bottom and the round or others EXCEPTION: All above- ound utdoor swimmin Dols that have m mum 4 foot high, vertical or outward - inclined sidewalls• 2Eovided sole access is b means of removeable ladder ram2 or stairs which must be removed when Pool is not attended. Section 19-1403 PENALTY. Anv person firm, or corporation violating the Provisions of this ordinance ma u on conviction thereof be 2unished b a fine of not more than three hundred dollars $300.00 and Imprisonment not tai exceed ninety-(90) days Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Phil1p 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. -3- Motion by Councilman Leary and seconded by Councilman Heck to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO PAVING OF OFF - STREET DRIVING AND PARKING AREAS Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next explained that a series of public hearings had been scheduled for the meeting and although there were eleven separate improvement projects, they could be logically grouped into four identifiable Improvement packages. Mayor Cohen then explained the established procedure for the public hearings and recognized the Director of Public Forks who commenced with the explanation of the individual projects. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. ig72 -30. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 10, 1972 which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections and the property owners appearing in favor of said improvement there was a motion by Councilman Heck and seconded by Councilman Leary to close the public hearing. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The Mayor noted the objections of the majority of the property owners present to the proposed project and an extensive discussion ensued. The City Manager stated that there had been no indication of bad water in the area and that tests could be made. He stated that due to administrative problems with the letting of the contract and the timing of the construction this season, the staff recommendation would be to carry the project over to the next con- struction season. Councilman Heck stated that the water seems to be satisfactory to the residents of the area and thus the need seems to be diminished. Councilman Leary suggested that the residents in the area have their water tested and report the findings to the City Engineering Department before final decision was made. Motion by Councilman Leary and seconded by Councilman Ausen to declare Water Main Improvement Project No. 1972 -30 unfavorable and thus eliminated from the contract. 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 declare Street Surfacing Improvement Project No. 1972 -31 unfavorable and thus eliminated from the contract. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. T meeting eating recessed at 9 :25 P.M. and resumed at 9 :40 P. M. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1972 -32. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks" publication thereof in the official newspaper, the last publication being on August 10, 1972, which affidavit was examined and found satisfactory and ordered placed on file. -4- The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 --140 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVE -- MENT PRO CT NO 1972 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. The Mayor announced that the meeting was open for the consideration of proposed Street Restoration Improvement Project No. 1972 -33. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 10, 1972, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the p -operty owners appearing in favor of said improvement, member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -141 RESOLUTION ORDERING CONSTRUCTION OF STREET RESWRATION IMPROVEMENT PROJECT 1972-33 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 Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1972 -27. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 10, 1972, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present argu- ments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -142 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVE- ' MENT PROJECT NO. 1972 -27 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. -5 - The Mayor aunced that the meeting was open for the consideration of proposed Sanitary Sewer Improvement Project No. 1972 -28. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 10, 1972, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -143 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT PROTECT NO 1972 -28 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. Motion by Councilman Leary and seconded by Councilman Britts to direct the Engineering Department to study the possibilities of lowering the proposed construction costs relative to improvement Projects No. 1972 -27 and 1972 -28. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The Mayor announced that the meeting was open for the consideration of proposed Street Restoration Improvement Project No. 1972 -29. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 10, 1972, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said Improvement, member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -144 RESOLUTION ORDERING CONSTRUCTION OF STREET RESTORATION IMPROVEMENT PRO E NO 1972 -29 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. The Mayor announced that the meeting was open for the consideration of proposed Sanitary Sewer Improvement Project No. 1972 -16. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 10, 1972, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Howard Heck introduced the following resolution and moved its adoption: -6- RESOLUTION NO. 72 -145 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT PROJECT NO. 1972 -16 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 Mayor announced that the meeting was open for the consideration of proposed Storm Sewer Improvement Project No. 1972 -17. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 10, 1972 which affidavit was examined and found satisfactory and ordered placed on file. The Mayor the ncalled upon all property owners present to present arguments either for or against the proposed improvement. After hearing and I considering all objections, and the property owners appearing in favor of said improvement, member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72-146 RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMM PROJECT NO. 1 97 _ Z-1 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. The Mayor announced that; the meeting was open for the consideration of proposed Water Main Improvement Project No. 1972 -18. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 10, 1972, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said Improvement, member John Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 72 -147 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT L40,1972-18 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 Mayor announced that the meeting was open for the consideration of proposed Street Grading, Base & Surfacing Improvement Project No. 1972 -19. -7 The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks` publicatJon thereof in the official newspaper, the last publication being on August ;o, 1972, which affidavit was examined and found satisfactorr a covi„,r..a placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -148 RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROTECT NO. 1972 19 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. The Director of Public Works commented that relative to Water Main Improvement Project No. 1972 -27 and Sanitary Sewer Improvement Project No. 1972 -28 the bid for the sewer improvement project included the total cost for dewatering during construction, but that the water main improvement project would also benefit equally from that dewatering. The City Manager stated that if the costs of the dewatering were to be shared equally between the two projects that formal Council authorization would be required to split the assessment of the dewatering cost. Following a brief discussion there was a motion by Councilman Heck and seconded by Councilman Leary to authorize the staff to distribute the costs of dewatering as indicated in the bid for Water Main Improvement Project No. 1972 -27 equally between Water Main Improvement Project No. 1972 -27 and Sanitary Sewer Improvement Project No. 1972 -28. 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 -149 RESOLUTION ACCEPTING BID AND APPROVING CORMACT FORM (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. The City Manager next commented relative to proposed changes in the metropolitan sewer costs allocations. He stated that the Metropolitan Sewer Board in conjunction with the Metropolitan Council, had yielded to the pleadings of a few, fast developing communities about their reserve capacity sewer costs and has devised a new cost allocation formula. He stated the general result of the somewhat deviously designed cost allocation formula was to relieve such communities of their obligations through heavy subsidies from the more developed communities such as Brooklyn Center, all other inner -ring suburbs, and the cen- tral cities. -8- He further stated that the proposed system was unfair, unreasonable and inequitable that a very few communities should be subsidized by the residents of other communities. He recommended that if necessary, the principle should be upheld by court action. The Director of Public Works further commented relative to the apparent inequities of the proposed cost allocation system. Mayor Cohen commented relative to the staff analysis, the ramifications upon housing development in the City, the cost to future property owners in the City, and the general inequities involved. He stated that the Council should take a position opposing the proposed allocation changes. Councilman Leary stated that it appeared the data released by the metropolitan agencies tended to gloss over the details. The Director of Public Works then reviewed a memorandum dated August 11, 1972 which was distributed to the City Council regarding the policy paper on proposed service availability charge for altering current cost allocation system of the Metropolitan Disposal System. He discussed in particular the ten points noted on Page 8 of that memorandum. It was the consensus of the Council that the 10 points listed in the Director's memorandum be included in the resolution pertaining to altering the current cost allocation system of the Metropolitan Disposal System. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -150 RESOLUTION PERTAINING TO ALTERING THE CURRENT COST ALLOCATION SYSTEM OF T HE METROPOLITAN DISPOSAL SYSTEM BY THE METROPOLITAN C CIL 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. Motion by Councilman Britts and seconded by Councilman Heck to approve the appointment of the following persons as election judges: Precinct 1 Loretta Stewig 5455 Colfax Ave. No. Ethel Meyers 5530 Judy Lane Marilyn Cashman 5622 Emerson Ave. N. Adeline Barth 5516 Judy Lane Precinct 2 Beverly Johnson 6242 Camden Av. N. Eileen Smith 6330 Fremont Ave. No. Adeline Lonn 6342 Fremont Ave. No. Dorothy Boman 6419 Fremont Ave. No. Precinct 3 Esther Durland 6951 Lyndale Ave. N. Myrtle McQuillan 6912 Oliver Ave. No. Rose Werner 1005 - 69th Ave. No. Joyce Shelso 6850 Lyndale Ave. N. Precinct 4 Mary Pascoe 7060 Perry Ave. No. Alice Madir 7024 Quail Ave. No. Marjorie Grosshans 6920 Lee Ave. No. Patricia Blom 3604 Violet Ave. No. Precinct 5 Geraldine Dorohy 4306 Winchester Lane Alice VanMeerten 4519 Winchester Lane Gladys Leerhoff 4301 - 66th Ave. N. Dorothy Rogers 5207 - 65th Ave. N. Precinct 6 Agnes Roeber 5937 Zenith Ave. N. Donna Lichtenberg 6249 Brooklyn Dr. Emma Gageby 3200 - 66th Ave. N. Denise Hainlin 5936 Zenith Ave. N. Precinct 7 Lucy Sandberg 6236 Lee Ave. N. Barbara Sexton 3824 - 58th Ave. N. Jean Hamilton 6230 Lee Ave. N. Mona Hintzman 4018 - 58th Ave. N. Precinct 8 Phyllis Rydberg 3500 Admiral Lane Doris Smietana 5316 E. Twin Lake Blvd. Ethel Pettman 4919 Beard Ave. N. Joan Jagodzinski 3101 - 47th Ave. N. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. The City Manager next explained a draft resolution intended to authorize a clarification in the open -space payments previously authorized for the property lying between the north edge of Upper Twin Lake and County Road 10. He stated that approval was recommended, noting however, his reservations about the extremely high costs. An extensive discussion ensued. The Manager stated that if the payment outhorization were dropped the City would still be required to pay an ancillary costs. Member John Leary introduced the following resolution and moved its adoption. RESOLUTION N 72-151 O RESOLUTION RESCINDING AUTHORIZATION IN RESOLUTION NO. 72-85 AND RE- AUTHORIZING THE PURCHASE OF MINN. OSA -82 PARCEL 3 INCLUDED IN THE CITY OPEN -SPACE APPLICATION AND PAYMENT OF RELATED COSTS 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, Howard Heck and Maurice Britts; and the following voted against the same. Vernon Ausen, whereupon said resolution was declared duly passed and adopted. Relative to the proposed Jayccee's community dance at the Municipal Service Garage in September, the City Manager stated that at the July 24th meeting, following extensive discussion, it was the consensus of the Council that the matter of the use of the City's facilities for a community dance be held in abeyance and that the City Attorney advise the City Council of its possible liabilities. The Attorney commented that the recent Supreme Court decision appeared to make the Jaycees susceptible to any claims, and the City also would be liable in that the endeavor was mutual. -10- After hearing the City Attorney discuss the ramifications, the Mayor then recognized Mr. Charles Bracci, a representative of the Jaycees. He stated that the Jaycees were investigating the possibility of acquiring Dram Shop insurance for the dance. The City Manager commented that based on the City's experience, the rates for such insurance were high. He suggested that the Council consider the degree and ramifications of possible action against the City versus any benefits which might accrue from the community -wide dance. Motion by Councilman Britts and seconded by Councilman Ausen to table further consideration of the request by the Jaycees for a community dance in the Municipal Service Garage, pending the Jaycees investigation as to the possibility of acquiring Dram Shop insurance. 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 Ausen to approve the followin - e:9s�s. Cigare License Super Sam's 1267 Brookdale Center Uncle John's Restaurant 5` >35 John Martin Drive Food Est ablishment Lice Super Sam's 1267 Brookdale Center Uncle John's Restaurant 5Q? 5 John Martin Drive Garbage and Refuse Flau?i'_ ?__1gense Bautch Disposal Snmricn `x'11 Marshall St. N.E. Boyer Garbage Service TH ranl, Yuzz t�-sota Hollies Rubbish 3633 Lc:j_n Ave. No. Non- Perishable Food. , J nding Mcchine Lice Uncle John's Restaurant 5515 John Martin Drive Voting in favor were; Mayor Cohen, Councilmen ,cagy, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City ext explained a ty p ed proposed draft ordinance intended to provide for off-s u b sines s arkin i p n business and industrial zone H sta th g e e ed e ordinance draft was a product of Joint City Council - Planning Commission meeting and subsequent refinement by the Planning Commission. He then reviewed the various provisions of the draft ordinance and noted that the ordinance sections were developed to provide for maximum flex- ibility. An extensive discussion ensued relative to the intent and effect of the ordinance. Mayor Cohen recognized Planning Commissioner Carl Gross who reiterated the reasons why he and two other Commissioners cast negative votes against the resolution recommending the ordinance to the Council. He stated that there was not a maximum percentage of off -site parking spaces as they related to the required number of spaces for the principle use, that there were no restrictions for crediting off -site spaces toward the requirements of the principle use, and that ordinances in other suburbs had not been fully reviewed. In further discussion various changes in the language were suggested with the intent of alleviating the various difficulties perceived by the Commission and the Council. Motion by Councilman Leary and seconded by Councilman Heck to defer further consideration of the proposed draft ordinance amending Chapter 35 to provide for off -site business parking, to enable the staff to redraft the ordinance noting the language changes suggested by the Council. Councilman Britts stated that he was not convinced of the validity of all the problems of difficulties perceived by the Commission and Council and stated t that, some of the language changes might add ambiguity to the ordinance. yI I- The mayor called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against: Councilman Britts. Motion carried. In other business Councilman Britts reiterated his concern about the lack of July 4th weekend activities and stated he had sent a letter to the various civic organizations and news media regarding this concern. He stated that organized activities over that weekend might have diminished the amount of vandalism and damage done at the parks. The City Manager next discussed the establishment of a special assessment interest rate for the coming year. He explained that assessment hearings for projects constructed during the preceding year are traditionally held annually in September. He stated that in order that the assessment clerk can prepare the assessment roles for the public hearings it is necessary that the Council authorize the interest rate to be charged on the special assessment installment payment. The City Manager noted the current interest rate is 71% and recommended that this rate be continued. Motion by Councilman Leary and seconded by Councilman Britts to establish the special assessment interest rate to be charged on the special assessment installment payments at 71%. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Britts and seconded by Councilman Heck to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The Council meeting adjourned at 1 :10 A, M. Clerk Mayor -12-