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HomeMy WebLinkAbout1970 08-10 CCM Regular Ession Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota August 10, 1970 The City Council met in session and was called to order by Mayor Philip Cohen at 7 :34 P. M. Roll Call: Philip Cohen, John Leary, Vernon Ausen, and Howard Heck. Also present were: Donald Poss, Paul Holmlund, James Merila, Jim Hasslinger, Richard Sehieffer, Thomas O'Hehir, Tom Loucks, and B.E. Peterson. Reverend Francis Grubbs of the North Brook Alliance Church offered the Invocation. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -119 RESOLUTION COMMENDING BURT DORFF AND DENNIS DORFF FOR THEIR ACTION RESULTING IN PRESERVATION OF LIFE FOR THREE. INDIVIDUALS The motion for the adoption of the foregoing resoiut ion 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, and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by John Leary and seconded by Howard Heck to approve the minutes of the July 27, 1970 meeting as submitted. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none. (Councilman Ausen not voting because he was absent from the ju)y 27, 1970 meeting) Motion carried. The next item for consideration consisted of a time extension for the Youth Organization Steering Committee initial report as required by the City Council through Resolution 70 -65, dated June 1, 1970. The City Manager recommended that the Council extend the deadline to October 15, 1970. Mayor Cohen then recognized Marc Kruger, acting chairman of the Committee, who in turn introduced members Joan Zeller and Bob Boeck to the City Council. Motion by Howard Heck and seconded by Vernon Ausen to grant a time extension to October 15, 1970 for the Youth Organization Steering Committee initial report. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to appoint the following election judges for the 1970 election year: District 1 Loretta Stewig 5455 Colfax Avenue North 566 -1419 Dorothy Olson 5443 Logan Avenue North 560 -8529 Adeline Barth 5518 Judy Lane 560 -0476 District 2 Marilyn Cashman 5622 Emerson Avenue North 560 -0469 Mae Lent 910 - 55th Avenue North 566 -2345 Everiel Larson 5620 Girard Avenue North 560 -9581 District 3 Esther Durland 6851 1 River Road 561 -2487 Dorothy Paulson 6900 W. River Road 561 -5197 Rose Werner 1005 - 69th Avenue North 561 -2767 -1- 8L District 4 Myrtle McQuillen 6912 Oliver Avenue North 561 -5587 Adeline Lonn 6342 Fremont Avenue North 561 -3877 Anna Adler 6733 Emerson Avenue North 561 -5335 District 5 Mary Pascoe 7060 Perry Avenue North 561 -8867 Alice Madir 7024 Quail Avenue North 561 -8263 Patricia Blom 3604 Violet Avenue North 561 -6633 District 6 Gee kilne Dorphy 4306 Winchester Lane 533 -9017 Emma Gageby 3200 - 66th Avenue North 561 -4824 Alice Van Meerten 4519 Winchester Lane 537 -8151 District 7 Agnes Roeber 5937 Zenith Avenue North 561 -3485 Donna Lichtenberg 6249 Brooklyn Drive 561 -3619 Denise Hainlin 5936 Zenith Avenue North 561 -2816 District 8 Marjorie Ammon 5042 Ewing Avenue North 537 -1965 Ethel Pettman 4919 Beard Avenue North 588 -1929 Phyllis Rydberg 3500 Admiral Lane 537 -1883 Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by Vernon Ausen and seconded by John Leary to confirm Mayor Cohen's appointment of Robert Zerban, 3406 Woodbine Lane to the Human Rights Commission to replace Mr. Neil Smeaton for the balance of his three year term, expiring December 31, 1972. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, and Howard Heck. Voting against were: none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -121 RESOLUTION ,AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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, and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Willard arrived at 7 :54 P, M. Prior to the adoption of the following resolution the City Manager commented that the Park and Recreation Commission at its August 5, 1970 meeting discussed the enclosure alternatives for Well #7 at Evergreen Park. He stated that the two alternatives consisted of installation of a barb -wire top chain link fence of the construction of a building compatable. with the park environment. It was the Park and Recreation Commissions recommendation that a building be built. Councilman Heck inquired whether it was possible to combine the well house with the park shelter. The City Manager responded that in this Case, due to the existing layout of Evergreen Park facilities, such a combined use was not feasible. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -121 RESOLUTIOI;JESTABLISHING DEEP WELL IMPROVEMENT PROJECT NO. 1970 -1E NELL #7} AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS -2- 9L 121 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 Tboodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the Public Hearing was reopened for the consideration of proposed Water Main Improvement Project No. 1969 -78;, Street Surfacing Improvement Project No. 1969 -79; Curb and Gutter Improvement Project No. 1969 -80. Said improvement projects were last considered at a public hearing conducted by the City Council on September 15, 1969, at which time the Council deferred consideration to permit the Public tAtorks Director to survey affected property owners by a postcard Questionnaire, 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 September 11, 1969, which affidavit was examined and found satisfactory and ordered placed on file. The Nlayor then called on the Public Works Director to present a summary of his survey for the proposed improvement projects. Mr. Merila responded that a substantial majority of the owners of the 14 parcels of property were in favor of the water and street improvement projects but were not in favor of the curb and gutter project, there being only one owner of two parcels in favor. Following a discussion with the Public Works Director, the Mayor then called upon 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 Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -122 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT No. 1969 -78 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 Theodore Willard; 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. 70 -123 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -79 The motion for the adoption of the foregoing resolution was duly seconded by member ohn Lea an v following voted J Leary, d upon vote being taken thereon, the fol ow ng in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed adopted. Motion by Vernon Ausen and seconded by John Leary to declare Curb and Gutter Improvement Project No. 1969 -80 unfavorable because the survey conducted by the Public Works Director dated July 31, 1970, indicated that a majority of the owners of 14 parcels of property were opposed to the installation of curb and gutter. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: -3- 99 RESOLUTION NO. 70 -124 RESOLUTION ACCEPTING WORK (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 Theodore Willard; 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. 70 -125 RESOLUTJON'ACCEPTING WORK (CONMCTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck, and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -126 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 Theodore Willard; 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. 70 -127 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck, and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -12$ RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoWonof 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -4- Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -129 RESOLUTION ACCEPTING WORK ( COURACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard; 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. 70 -130 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -131 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 Theodore Willard; 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 rroved its adoption: RESOLUTION NO. 70 -132 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 Theodore Willard; 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. 70 -133 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore 7 td'illard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -5- 113 Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -134 RESOLUTION ACCEPTING WO RK 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 Theodore Willard; 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. 70 -135 RESOLUTI__ON ACCEPTIM WORK (CONTRACTED BY CITE 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 Cohep, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard; 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. 70 -136 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption cf 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 Theodore Willard; 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. 70 -137 RESOLUTION ACCEPTING WORK„ (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. .70-138 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 the reon, the following voted! in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -6- r Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -139 RESOLUTION ACCEPTING WORK (CONTRACTED BX 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council next considered a Special Use Permit time extension relative to Planning Commission Application No. 69022 submitted by Iten Chevrolet. The Special Use Permit authorized the placement of a mobile home trailer on the premises of Iten Chevrolet to serve as a temporary truck sales office. The Special Use Permit was originally granted by the City Council on April 15, 1969 to expire on October 31, 1969. It was re- extended by the City Council on November 14, 1969 until July 1, 1970. The property is located at 6701 Osseo Road. The City Manager reviewed the application stating that the Planning Commission at its July 30, 1970 meeting recommended that the Council extend the Special Use Permit nine months from July 1, 1970 to April 1, 1971. Motion by Theodore Willard and seconded by Vernon Ausen that Application No. 69022 requesting an extension of a Special Use Permit for the placement of a mobile home trailer on the premises of Iten Chevrolet be extended nine months from July 1, 1970 to April 1, 1971 and that the trailer be removed from the premises by that date. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered a reduction of $15, 000 Performance Bond for the Chippewa Park Apartments located at 6509 Camden Avenue North. The City Manager commented that the applicant has not installed 11 - 6 +1 diameter trees along Bryant Avenue North and a minor amount of sodding around the tennis courts. He recommended to the Council that the bond be reduced from $15,000 to $2,500. Motion by Howard Heck and seconded by John Leary to reduce the Performance Bond for the Chippewa Park Apc-rtmerits (6509 Camden Avenue North, Planning Commission Application No. 68041) from $15, 000 to $2, 5 00. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard. Voting against were: none. Notion carried unanimously. A discussion ensued regarding the degree of public notice of items to be considered by the City Council. Motion by Theodore Willard and seconded by John Leary to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 BY REQUIRING LAWN SPRINKLER SYSTEMS IN CERTAIN ZONING DISTRICTS Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council recessed at 9 :11 P. M. and resumed at 9 :30 P. M. Prior to the first reading of the following ordinance the City Manager commented that Brookdale Ford has purchased a single family dwelling located east of the Fcrd Agency along Penn Avenue North and that Brookdale Ford has formally requested that Penn Avenue be vacated. Motion by Howard Heck and seconded by Vernon Ausen to declare a first reading on the following ordinance: AN ORDINANCE VACATING A PORTION OF PENN AVENUE NORTH Voting in favor were: Philip Cohen, John Leary, Howard Heck, Vernon Ausen, and Theodore Willard. Voting against were: none. Motion carried unanimously. -7- r The Council next considered the requested vacation of Irving Avenue North in Hellsted Addition in conjunction with Planning Commission Application No. 70015 submitted by R. L. Ernst on behalf of Krause- Anderson Company. This application was considered by the Council on July 27, 1970, at which time the City Manager was directed to prepare a draft ordinance vacating Irving Avenue North within the Hellsted Addition. Since the last meeting the City received a letter from the applicant stating that he has been able to revise their site plan and to assign an additional 2,750 square feet to the apartment development. At this time the applicant, Mr. R. L. Ernst, commented that the proposed site and building plans for the convienience store have been revised for smaller buildings and that additional property has been purchased in order to meet the land deficiency and that the entire parcel would be replatted if Irving Avenue is vacated. Council and staff next discussed the ramifications of the requested street vacation. The City Attorney commented that if the Council vacates a street it cannot be construed as an intent of the City Council to rezone said area. Councilman Heck stated that in the past the Council has vacated a street for a specific reason. Following a discussion and a consensus of the Councilmen not to act on the street vacation until after considering the rezoning request, Mr. R. L. Ernst agreed to tabling his Application No. 70015 until the August 31, 1970 meeting. Motion by Howard Heck and seconded by Theodore Willard to table Planning Commission Application No. 70015 requesting rezoning from R -5 to C -2 the north 163 feet of Lot 2, Block 1, Hellsted Addition together with 163 feet of Irving Avenue North to be vacated. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager next introduced the subject of proposed sewer rate reductions for the elderly as initially proposed by Mayor Cohen. The City Manager reviewed the Roseville experience in this regard and reviewed with the Council the impending need to increase Brooklyn Center's sanitary sewer rates due to vastly increased disposal costs levied by the Metropolitan Sewer Board. He suggested that the matters of a general sewer rate increase and a sewer rate decrease for the elderly be considered simultaneously in the near future. Councilman Willard suggested that the Council consider the possibilities of providing further relief for the elderly by deferring improvement assessments or possibly the interest thereon. A discussion ensued wherein each Councilman expressed views relative to the concept of relief for the elderly. Councilman Ausen suggested that perhaps the criteria for relief should relate to minimum level of income rather than age. It was the concensus of the Council to instruct the staff to examine the financial and legal ramifications of providing relief from improvement assessment burdens. The City Manager next discussed with the Council the matter of establishing a date and meeting place in order to review the Brooklyn Center Industrial Park Planning report by Midwest Planning and Research. He stated that the meeting is lntendddtoinvolve the City Council and certain staff, the Planning Commission, members of the Brooklyn Center School Board, industrial park developer and his staff, and the press. A dinner meeting was tentatively scheduled for August 14, 1970 at 6 :00 P.M. The City Manager and Council next discussed the need to obtain the services of an interior consultant for the Civic Center interior planning. Motion by John Leary and seconded by Theodore Willard to authorize the City Manager to negotiate a proposal from Westburg- Krause, Associates, Inc. for the interior design and color planning for the Civic Center. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Theodore j Villard. Voting against were: none. Motion carried unanimously. -8 -• r The City Manager next discussed with the Council the covered ice /shelter building proposal which was part of the Capital Improvement Program approved by the voters in the November 1968 Bond Referendum. He stated that Cerny Associates had furnished an economic analysis which indicated a prefabricated metal building would cost approximately $137,000, a shop fabricated custom metal building would cost approximately $139,000, and a laminated wood arch and wood deck building would cost approximately $153,000. In addition, enclosed toilet facilities would add approximately $10, 000 to each such structure. It was pointed out that $82,000 had been reserved in the Parks Capital Projects budget for the construction of such a building and that obviously additional funds would be required to con - struct the building at this time. It was also stated that approximately $175,,000 of the $413, 000 Park Capital Improvement budget remains unspent or unencumbered. However, a priority schedule recommended by the Park and Recreation Commission adopted by the City Council dated February 17, 1969 included the construction of tennis courts, paving of walkways and activity areas, installation of park benches, Installation of wading pools, etc. (during this discussion, Councilman Willard left at 11 :45 P. M.), A discussion ensued relative to the priority of the covered ice /shelter building and its relationship to other priority items previously established. It was con- cluded that the City Manager should cause the matter to be placed on an early agenda of the Park and Recreation Commission to consider re- examination of the remaining priority items in the Park Capital Improvements budget and to closely scrutinize the relative priority of the proposed covered ice /shelter building. Motion by Vernon Ausen and seconded by John Leary to defer action on tennis courts for Grandview and Kylawn Parks and to refer such proposals back to the Park and Recreation Commission for inclusion in the priority evaluation of the remainder of the Park Capital Projects Program. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously, The Council next considered Planning Commission Application No. 70017 originally submitted by Glad and Miller and now by Viewcon, Inc. requesting site and building plan approval, consistent with rezoning Application No. 68018. The City Council approved loth Applications No. 70017 and 68018 at its May 25, 1970 Council meeting. Application No. 70017 originally requested site and building plan approval for a 99 unit apartment building. The present request by Viewcon, Inc, is for approval of an additional 25 apartment units for a total of 124 units versus the Glad and Miller proposed 99 apartment units. This property is bounded by T. H. #100, Lakeside Avenue and Lower Twin Lakes, The City Manager reviewed this application, and together with the applicants, Mr. Charles Van Eeckhout and Mr. Darrel Farr, discussed with the City Council the revised site and building plans for the apartment complex. During the discussion Mayor Cohen suggested that the applicants submit site and building plans for the garage showing elevations and screening. Following this discussion a motion was made by Howard Heck and seconded by John Leary to approve the revised Planning Commission Application No. 70017 submitted by Viewcon, Inc. requesting site and building plan approval for a 124 unit apartment development, subject to the following: 1. That in the future, if direct access to T.H. #100 at Indiana Avenue is shut off, that a substitute access to T.H. #100 be provided by a new street to be located between Azelia Avenue and France Avenue and meeting Lakebreeze Avenue; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. Utilities and drainage and elevation plans are subject to the approval of the City Engineer prior to issuance of the building permit; 4. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted; r S. Landscape planting schedule must be presented Indicating adequate plantings on the northern part of subject property along Lakeside Avenue; + 6. That the property must be platted; 7. That site and building plan approval be contingent upon the developer transferring title to the City for the open space west of the subject property and abutting Lower Twin Lake; 8. That the applicant submit for City Council approval site and building plans for the underground garage indicating screening and elevation. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Vernon Ausen to acknowledge a notice of claim for $75,000 served August 4, 1970 on behalf of Dan Gardas and to refer said claim to the City insurance carrier. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Vernon Ausen to adjourn the meeting. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. The Council meeting adjourned at 12 :18 A. M. Jerk or -10-