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HomeMy WebLinkAbout1972 08-28 CCM Regular Session Minutes of the Proceedings of the City Council Q the City of Brooklyn Center in the County of Hennepin and State of Minnesota August 28, 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 Leary, Ausen, Heck and Britts. Also present were: City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works James Merila, City Attorney Richard Schieffer, Chief of Police Thomas O'Hehir, and Administrative Assistants Daniel Hartman and Blair Tremere. Motion by Councilman Britts and seconded by Councilman Leary to approve the minutes of the July 10, 1972 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Heck to approve the minutes of the July 29, 1972 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -152 RESOLUTION COMMENDING OFFICER DONALD SOLLAARS OF THE BROOKLYN CENTER POLICE EPA M 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 John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -I53 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPQSED ASSESSMENTS N SEPTEMBER 25 112 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 -15 RESOLUTION PLACING ON FILE AND OPENING FOR PUBLIC INSPECTION ItOPOSED ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the fallowing voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heek'and Maurice Britts; and the following voted against the same: 1none, whereupon said resolution was declared duly passed and adopted. -1- Member John Leary introduced the following resolution and moved its adop on: RESOLUTION NO. 72 -155 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (TENNIS COURTS AT GRANDVIEW, KYLAWN & WEST PALMER LAKE PARKS 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 -156 RESOLUTION ESTABLISHING STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1972 -34 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -157 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1972-34 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 discussed a draft ordinance intended to amend Chapter 35 to provide for accessory off - street parking in business districts. He explained the draft ordinance was first considered by the City Council August 14th after meeting in joint session with the Planning Commission on August 7th. He stated ttn t the ordinance draft had been modified to reflect certain concerns previously expressed by the Council. A brief discussion ensued wherein certain language changes were suggested and considered. Motion by Councilman Britts and seconded by Councilman Leary to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 TO PROVIDE FOR ACCESSORY OFF - STREET PARKING IN BUSINESS DISTRICTS Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and,Britts. Voting against: none. Motion carried unanimously. The City Manager next introduced discussion relative to Dutch Elm Disease control. He stated the disease was being more frequently discovered in the northern metropolitan area and that a couple of known cases had been established on private property in Brooklyn Center within the past year. He noted many communities in the metropolitan area have already instituted ordinances -2- intended to control Dutch Elm Disease as best as it could be controlled. He stated the recommendation was that the Council consider instituting such controls in Brooklyn Center. The City Manager noted that the primary method of control at the present time was removal. He explained that the typical control programs assessed the property owner for the removal cost. Motion by Councilman Leary and seconded by Councilman Britts to direct the staff to develop an ordinance setting forth implementation procedures for a Dutch Elm Disease control program. Further discussion ensued relative to the costs of such a program and the method of payment for the removal of the trees. In response to a question by Councilman Heck, the City Manager stated that there was sufficient expertise on the part of the staff to permit the development of such a program in that certain staff members had attended various educational workshops and seminars relative to Dutch Elm Disease control. The Mayor 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. 72053 submitted by Robert Hillstrom and others. He stated that the Planning Commission had considered the item at a public hearing held on July 13th and at the meeting of August 17th. He stated the applicants proposed the rezoning of the property between Bryant and Camden and 67th and 68th Avenues North, from R -1 to R -2, to permit the construction of two -unit dwellings which would be rented. He noted that the matter had been submitted to the Northeast Advisory Group by the Commission and the neighborhood advisory group had stated in a letter dated August 11, 1972 that the consensus of the study committee was that the rezoning of the area be granted. He further stated that at the public hearing before the Planning Commission, 13 of 41 notified property owners had been present and had been unanimously against the proposed rezoning. He further stated that the Planning Commission had recommended denial of the application noting that: 1. The proposed project was in the midst of an R -1 zone; 2. A majority of the neighbors were apparently opposed to the proposed project; 3. Problems relative to rental units in the area had been cited at the public hearing regarding traffic, parking, and general nuisances such as vandalism and pressure on the increasing number of students at area schools; 4. The proposed project would represent an overload of rental type units in the area. The City Manager further noted that the affected property owners had been notified of the hearing before the City Council. Mayor Cohen noted that neither the applicant nor an authorized representa- was present. It was the consensus of the Council to proceed with the public hearing. The Mayor then recognized six of the affected property owners who stated their opposition to the proposed rezoning and Mr. Gunderson, owner of the property at 801 - 69th Avenue North, who stated he had no opposition to the proposal. -3- The Mayor then noted again that neither the applicant nor an authorized representative was present. 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 Director of Public Works further explained the intent of the applicant to develop the area with 24 two -unit dwellings. He noted that the property to the south across 67th Avenue, zoned R -3, was developed with townhouses and that all the other land surrounding the subject property was zoned R -1. An extensive discussion ensued and Councilman Leary noted that the concept of the proposed rezoning was incompatible with the Comprehensive Plan In that the area had been zoned R -1 based upon the recommendation of the plan that the area be developed with single family detached dwellings. Councilman Heck stated that it would appear the rezoning would weaken the area which would be a potentially substantial R -1 development, and that since the land was buildable more time should be allowed to determine the feasibility of single family construction. He further noted the concern of the residents relative to the possible effects upon the demands for schools. Mayor Cohen suggested that possibly the staff should develop a draft resolution stating the various reasons for denial discussed by the Council and by the Planning Commission in their recommendation for denial. Councilman Britts stated he was not convinced that a resolution was necessary and that the matter could be disposed of via a motion based upon the factor that the subject property was in the midst of an R -1 zone as well as the fact that the applicant had not presented a substantial reason for the proposed rezoning. Following further discussion there was a motion by Councilman Britts and seconded by Councilman Leary to deny Planning Commission Application No. 72053 submitted by Robert Hillstrom and others, noting that: I . With the exception of the townhouse development to the south, the land and surrounding area was zoned R -1 based upon consideration of the Comprehensive Plan; 2. No substantial reason meriting the proposed rezoning had been submitted by the applicant; 3. The subject property represented a large buildable area which could economically be developed as an R -1 district; 4. A majority of the neighborhood property owners were apparently opposed to the proposed rezoning. Extensive discussion ensued relative to the inclusion of the fourth point. At the request of several Councilmen the City Attorney stated that while it might not be desirable to base the denial solely upon that factor, it would not be detrimental to include it as a matter of information in support of the reason for denial. Before calling for a vote, Mayor Cohen again noted that neither the applicant nor an authorized representative was present and that the secretary had duly notified the applicant of the hearing. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. -4- The City Manager next reviewed Planning Commission Application No. 72057, which was initiated by the City, upon direction of the Council, and entailed the rezoning of 7231 and 7211 Lyndale Avenue North and 407 - 63rd Avenue North from R -1 to R-4. He stated that on June 26, 19 72 , the City Council had reviewed and approved a rezoning application submitted by Swanson Homes, Inc. seeking rezoning from R -1 to R -4 (Application No. 72020). He stated concern had been oted over the remaining R -1 parcels and the Council had then initiated the rezoning proceedings. He further noted that the. property owners involved had been notified and informed of the rationale behind the action and that the affected neighboring property owners had also been notified. Mayor Cohen noted that none of the notified property owners was present. The Director of Public Works briefly commented upon the intent of the rezoning and a discussion ensued. Motion by Councilman Heck and seconded by Councilman Ausen to approve Planning Commission Application No. 72057 initiated by the City regarding the rezoning of 7231 and 7211 Lyndale Avenue North and 407 - 73rd Avenue North from R -1 to R -4. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72021 and 72022 submitted by Swanson Homes. He stated that relative to Application 72021, the applicant was seeking approval of a preliminary plat to permit the development of eleven townhouse condominium units on a parcel west`of Lyndale Avenue North between 72nd and 73rd Avenue North. He noted mat a portion of the subject property had recently been rezoned R -4 He further noted the basic staff reservations regarding the layout, in that it appeared the land indicated for open -space did not functionally or aesthetically serve the entire development as it might with other possible designs. - He noted also the concern over the possible ramifications upon the entire area, especially with regard to future uses of the neighboring parcels. Relative to Application No. 72022, the City Manager explained that the applicant was seeking site and building plan approval for the eleven -unit town- house project. He stated the staff reservations concerning the access and the open -space layout, namely the position of the buildings relative to the side yard view of future developments and adjacent lots. Mayor Cohen recognized the applicant and a discussion ensued relative to the proposed platting. Councilmen Heck and Ausen stated their concern with the layout particularly in regard to the additional parking indicated on the plans at the east end of the project. Mr. Swanson stated that the extra parking represented one of two alternative proposals for additional parking and that the one indicated on the. plans was the preference of the Planning Commission. Following further discussion it was the consensus of the Council that the additional four parking spaces should be located to the west end of the town- house units rather than the easterly end. The applicant then explained his site and building plans and a brief discussion ensued. Motion by Councilman Leary and seconded by Councilman Heck to approve Planning Commission Application No. 72021 submitted by Swanson Homes subject to the requirements of the Platting Ordinance. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. -5- Motion by Councilman Heck and seconded by Councilman Britts to approve Planning Commission Application No. 72022 submitted by Swanson Homes subject to the following conditions: I . Utility and drainage plans are subject to the approval of the City Engineer; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the installation of the site improvements as indicated on the approved plan; 4. Home Owner Association agreements and by -laws are subject to review by the City Attorney; S. The four additional parking spaces indicated on the plans submitted shall be relocated to the westerly end of the townhouse units. 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 :50 P.M. The City Manager next reviewed Planning Commission Application No. 72050 submitted by B,C.I.P., Inc. He stated the applicant was seeking site and building plan approval for a 36 -unit condominium townhouse project to be constructed on the 4.45 acre parcel south of 69th Avenue North and westerly of Shingle Creek Pkwy. He explained the project would be phased with at least one building to serve as a model structure through the completion of the project. The City Manager noted the staff recommendation that written provisions should be made for access easements to the parcel lying easterly of the subject Property and noted that the primary emergency vehicle access would be at the southeast corner of the property approximately where old Xerxes Avenue abuts the parcel. The Mayor then recognized Mr. Steven Krogness representing the applicant, and Mr. Dennis Johnson, the project architect who proceeded to explain the concept and design of the project. Extensive discussion ensued and Councilman Heck inquired whether the neighboring property owners were aware of the concept and project plans. Mr. Krogness stated that the neighbors had not been formally informed, in that It was not a requirement of the ordinance. Mayor Cohen reviewed the concern of the neighboring property owners relative to previous applications submitted by another developer. He suggested that the applicant present the concept and project plans to the neighbors so that they would be informed of the impending development. Mr. Krogness agreed that the applicant would do this. Following further discussion there was a motion by Councilman Leary and seconded by Councilman Ausen to approve Planning Commission Application No. 72 05 0 submitted by B. C. 1. P, , Inc. subject to the following conditions 1. Drainage and utility provisions are subject to the approval of the City Engineer; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; -6- 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the installation of site improvements as indicated on the approved plan; 4. Written provisions shall be made for access easements to the parcel lying easterly of the subject property; S. Homeowner Association agreements and by -laws shall be subject to review by the City Attorney. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72058 submitted by B.C.I.P. , Inc. He stated the applicant was seeking approval of the preliminary registered land survey for the area generally described as the northeast quadrant of T. H. 100 and Summit Drive. He stated the legal description of the area was Outlot B, B. C. 1. P. , Plat 1 and Lot 2, Block 2, Twin Cities Interchange Park Addition and vacated Earle Brown Drive. Mayor Cohen recognized Mr. Steven Krogness who represented the applicant. A brief discussion ensued wherein the Director of Public Works suggested that documentation should be required formally conveying Tract "D" as a City street. The City Manager further noted that the Planning Commission had recommended a separate vacating action for that part of Earle Brown Drive lying within the Twin Cities Interchange Park. Plat. Following further discussion there was a motion by Councilman Heck and seconded by Councilman Britts to approve Planning Commission Application No. 72058 submitted by B.C.I. P., Inc. subject to the following conditions: 1. Approval shall be subject to the requirements of the Platting Ordinance; 2. Final survey shall be subject to the City Engineer; 3. Documentation shall be submitted formally conveying Tract D as a City street (Earle Brown Drive). Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72461 submitted by McCarthy Construction Company. He stated the applicant was seeking preliminary subdivision approval for purposes of develop- ing the property located between Knox Avenue North and Logan Avenue North south of 73rd Avenue North. The Director of Public Works noted that the south- east tract, Tract "H", was substandard and thus building permits could not be issued until such time that it might be combined with Tract "D ". of R.L.S. 1328 to the south, for example. The Mayor then recognized Mr. Daryl McCarthy and a discussion ensued - relative to the proposed subdivision of the property. Motion by Councilman Leary and seconded by Councilman Britts to approve Planning Commission Application No. 72061 submitted by McCarthy Construction Company subject to the following conditions 1. The final plat shall be subject to the requirements of the Platting Ordinance; 2. The final plat shall be subject to the approval of the City Engineer; -7- 3, Building permits shall not be issued for Tract "H" since it is a substandard parcel. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. The City Manager next presented to the Council the final R.L.S. submitted by McCat1hy Construction Company and stated that preliminary approval had been granted under Planning Commission Application No. 72052. Following a brief discussion there was a motion by Councilman Heck and seconded by Councilman Ausen to approve the final Registered Land Survey submitted by McCarthy Construction Company via Planning Commission Application No. 72052. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72065 submitted by the Pillsbury Company. He stated the applicant was seeking site and building plan approval for a Poppin` Fresh Pie Shop to be located at 5601 Xerxes Avenue North. He stated the applicant intends to renovate the building formally occupied by the King's Food Host drive -in restaurant as well as to substantially upgrade the landscaping of the parcel. He noted that re- modeling of the building included the construction of a small addition to the north- erly side of the building to be used for a pick -up facility. He noted that the seating plan indicated a capacity of 104 persons and that there was provision for 68 parking stalls. The Mayor recognized Mr. Richard Kernan, representative of the applicant and a discussion ensued relative to the proposed design and operation of the business. Motion by Councilman Britts and seconded by Councilman Leary to approve Planning Commission Application No. 72065 submitted by the Pillsbury Company subject to the following conditions: I . Utility and drainage plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements designated on the plans submitted; 4. Plan approval is exclusive of all signery; 5. Any modifications of the existing lighting of the site shall conform with ordinance requirements. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72066 submitted by Wilson Montgomery. He explained the applicant was seeking site and building plan approval for a proposed apartment project at 72nd and Lyndale Avenues North. He stated that, in effect, the proposal was Phase III of the Columbus Village complex, the mast plan of which was approved under Planning Commission Application No. 70053 on September 14, 1970. -8- He noted that due to a change in ownership as well as some site revisions, the applicant had submitted the proposed plans for review and II ! approval. Mayor Cohen recognized the applicant and a discussion ensued relative to the design of the project. The Director of Public Works briefly commented as to the indicated cul-de -sac near Lyndale Avenue North and noted that traffic ingress- egress would be at Camden Avenue North. The City Manager further noted that the applicant had indicated that the proposed project would not be phased and consisted of 80 units. The City Manager further commented that certain revisions had been made relative to the open parking spaces to include installation of islands and c urbing . Councilman Heck stated that effective screening should be provided at the south end of the development where the project abutted the R -1 parcel. The applicant stated this would be indicated on the final plan. 4 Following further discussion there was a motion by Councilman Leary and seconded by Councilman Heck to approve Planning Commission Application No. 72066 submitted by Wilson. Montgomery subject to the following conditions: 1. Drainage and utility plans are subject to the approval of the City Engineer; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A performance agreement and performance bond tin an amount to be determined by the City Manager) shall be submitted to the City to guarantee the installation of the site improve- ments as designated on the plans submitted; 4. Final plans shall indicate appropriate fencing along the south lot line where the property abuts the R -1 parcel and will be subject to the approval of the staff. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts, Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72468 submitted by the Anoka- Hennepin Independent School District #11 requesting a special use permit. He stated the applicant had determined, based upon the school census, that additional classroom space would be required for 30 students at the Evergreen Park Elementary School located at 7020 Dupont Avenue North. He noted that state law requires that the census be conducted after August l st and that the school officials had thus just recently determined the actual, needs. The Mayor then recognized Mr. Edsel Wicklund, a School Planning Aid for the Anoka- Hennepin School District, and Mr. Tinquist, the principal of Evergreen ergreen Pa k Elements School. A discussion ensued relative to the Increasin 9 enrollemaent as well as the projection of future growth. Administrative Assistant Blair Tremere presented a site plan and renderings of the proposed temporary structure and further discussion ensued relative to the design of the project. Mayor Cohen noted that none of the notified property owners were present. Mr. Wicklund noted that the longest time a temporary structure remained on a school site within the Anoka- Hennepin School District was three years. He stated that most of the students at Evergreen Elementary School were from Brooklyn Center and that there has been an overall decline in the rate of increase of the student population and thus the use of temporary structures such as the one proposed would meet-the particular need for additional classroom space at the various schools ghout the district. -9- He further explained the design of the units and stated that the building would be self- contained providing for air conditioning, heating, and that the unit was fully carpeted and furnished. He stated that plumbing facilities would be in the main building. Following further discussion there was a motion by Councilman Heck and seconded by Councilman Ausen to approve Planning Commission Application No. 72068 submitted by the Anoka- Hennepin Independent School District #11 subject to the condition that a special use permit be issued for a one year period so that possible continued use of the temporary structure would be subject to annual review and approval. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Relative to Planning Commission Applications No. 72018 and 72041 submitted by R.W. Steiner, the City Manager explained that the Council had tabled the item to permit the applicant the opportunity uni to negotiate e o sate the necessary PPo e tY g easements and to present such documentation to the City. He noted the Attorney for the applicant had indicated that attempts to negotiate the easement had been fruitless, and that the applicant had revised the submitted plan and had requested that the new proposal be reviewed by the Planning Commission. The Mayor recognized Mr. Wyman Smith, the attorney for the applicant, who discussed the status of the proposed development in the vicinity of 69th and Humboldt Avenue North. He stated that the applicant proposed to have the entire 30 ft. easement on his property. He stated ft was the applicant's desire to accelerate the proposal as much as possible so that construction could begin this season. Motion by Councilman Britts and seconded b Councilman Leary eary to remove from the table Planning Commission Applications No. 72018 and 72041 submitted by R. W. Steiner and refer them to t he Planning Commission for further consideration of the revised plan. In further discussion Councilman Ausen stated that P a the Planning Commission should take note of the Council's concern for the proper development for the entire area, particularly in the rear portion of the subject portion of the subject property. It was the consensus of the Council that the Commission be so instructed. The Mayor then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The next item of business was the consideration of a draft resolution intended to authorize bids to be taken 'for a sidewalk improvement project which was part of the overall walkway program. The Director of Public Works discussed the various projects. The Mayor noted his concern with the proper completion and clean -up procedures regarding the current projects throughout the City. Further discussion ensued relative to the proposed walkway along a portion of 69th Avenue (Project No. 1972 -14) . The City Manager stated that it would be possible to defer this project until next season to permit a better determination of the county plan for upgrading 69th Avenue. It was the consensus of the Council to delete Project 1972 -14 from the contract comprehended by the draft resolution. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -158 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK IMPROVEMENT PROJECTS NO. 1972 -9, 1972 -10, 1972 -11, 1972 -12, 1972 -13, & 1972 -15 AND DIRECTING ADVERTISEMENT FOR BIDS CONTRACT 1972 -D) -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 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 -159 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1972 -C) 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 the proposal by the Brooklyn Center Jaycees to Conduct a community dance in the Municipal Service Garage, the City Manager stated that the Jaycees had informed the City that they were able to obtain up to $1,000,000 in Dram Shop insurance and were prepared to secure liability insurance as well. Following a brief discussion, there was a motion by Councilman Britts and seconded by Councilman Ausen to approve the concept of a Jaycee sponsored dance to be conducted in the Municipal Service Garage, the tentative date to be September 30. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. (Councilman Leary abstained due to a possible conflict of interest.) Motion passed. Motion by Councilman Leary and seconded by Councilman Britts to approve the following licenses: _Cigarette License Imperial Vending Services 832 North Prior Garbage and Refuse Hauling License Lightening g erring Service 3642 Aldrich Ave. No. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager explained that the Planning Commission had considered a planned residential development concept over the past few weeks,t He stated, the concept was intended to permit a mixture of residential living modes all at an R -3 land use density. He noted that a copy of the proposed ordinance change had been distributed to the Council members and noted action would be recommended at a future meeting. The City Manager briefly commented relative to the activities of the local government information system ( LOGIS) group and noted that it had been determined by the state Tax Commissioner's office that the activity of LOGIS was outside the realm of the levy limitations laws established by the Omnibus Tax Act. He noted that further progress reports would be forthcoming and that the LOGIS Executive Committee was meeting regularly. The City Manager also commented relative to features of the water dis- tribution and storage study recently completed by Black and Veatch, consulting engineers. He also commented relative to the invitation by Brooklyn Park to have the Council consider sharing the construction of a water treatment plant. He noted that the City of Brooklyn Park was prepared to authorize a preparation of engineering plans for a water treatment plant within the next few weeks. -11- He commented as to the inter - relationship between the Black and Veatch study and the Brooklyn Park proposal, and the possible ramifications which were perceived. He stated the staff would continue research in this area. Mayor Cohen submitted the name of Mr. Ronald Byrnes, 5348 Northport Drive, for appointment to the Conservation Commission, to complete the term of Mrs. Audre Mossberg who had resigned. Following a brief discussion, there was a motion by Councilman Britts and seconded by Councilman Leary to confirm the appointment of Mr. Ronald Byrnes to the Conservation Commission post vacated by Mrs. Audre Mossberg. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. MotWn carried unanimously. In other business Councilman Britts suggested that the Highway Department should be contacted relative to the updating of the population signs at the entrances to the City along the Interstate Highways. He also suggested that the Council consider the publication in easily readable form of the major provisions of the Snowmobile Ordinance so that they could be distributed with the Park and Recreation bulletin this fall. A brief discussion was in~ed by Councilman Heck relative to the planned upgrading of 69th Avemw North by the county and the cost ramifications for the City. Motion by Councilman Heck and seconded by Councilman Britts to direct the staff to further investigate the cost ramifications to the City concerning the proposed upgrading of 69th Avenue North (County Road 13 0) by Hennepin County. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen 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 12:25 A.M. Jerk Mayor i -12-