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HomeMy WebLinkAbout1971 10-18 CCM Regular Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota October 18, 1971 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, Heck and Willard. ; Also present were: City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works James Merila, City Attorney Richard Schaeffer, Chief of Police Thomas O'Hehir and Administrative Assistants Tom Loucks and Blair Tremere. Motion by Councilman Leary and seconded by Councilman Ausen to approve the minutes of the September 20, 1971 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Motion by Councilman Willard and seconded by Councilman Heck to approve the minutes of the September 27, 1971 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Leary to approve the minutes of the September 30, 1971 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Willard to approve the minutes of the October 4, 1971 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. The City Manager recommended that the City officially request Hennepin County to create a no- parking zone and install appropriate signs on both sides of County Road 130, from Lyndale Avenue to Bryant Avenue, He stated that the recommendation was generated by a request from ar®. residents. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -200 RESOLUTION REQUESTING THE HENNEPIN COUNTY HIGHWAY DEPARTMENT TO INSTALL "NO PARI,iNG" SIGNS ON BOTH SIDES OF COUNTY ROAD 130 FROM T. H. 169 TO BRYANT AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the follovd ng 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 e lution was declared duly passed and adapted,. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71-201 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES 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. -1- The City Manager next recommended that the Council establish a number of improvement projects for Earle Brown Drive, The Director of Public Works briefly discussed the improvement projects with the Council. Member John Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 71 -202 RESOLUTION ESTABLISHING SANITARY SEWER IMPROVEMENT PROJECT NO. 1971 -20, STORM SEWER IMPROVEMENT PROJECT NO. 1971 -21, WATER MAIN IMPROVEMENT PROJECT NO, 1971 -22, STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1971 -23 AND CURB & GUTTER IMPROVEMENT PROJECT NO. 1971 -24, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71-203 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT PROJECT NO. 1971 -20 AND STORM SEWER IMPROVEMENT PROJECT NO. 1971 -21 AND P&DERING PREP O OF PLANS AND SPECOCAUORS 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. 71 -204 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1971 -22 AND ORDERING PREPARA- TION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote Ding taken thereon, the following voted In favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the fallowing 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. 71 -205 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1971 -23 AND CURB & GUTTER IMPROVEMENT PROJECT NO. 1971 -24 AND ORDERING PREPARATION OF PLANS AND SPECIFIQUIONS 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. -2- Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -206 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SANITARY SEVVJER IMPROVEMENT PROJECT NO. 1971 -20, STORM SEWER IMPROVE- MENT PROJECT NO. 1971 -21 WATER MAIN IMPROVEIVE NT PROJECT NO. 1971 -22, & STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1971 -23, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1971 -E) 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, Hower d Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City lV.anager reviewed a proposed ordinance intended to remove the restrictions on the sale of beer and intoxicating liquor, both on and off sale, on City election days. He stated the ordinance was first read on September 27,1371, and published on September 30, 1971 and was offered for second reading and - adoption, Member Theodore Willard introduced the following ordinance and mo;red its adoption: ORDINANCE NO. 71 -9 AN ORDINANCE AWMNDING CHAPTER 11 OF THG CTT'Y ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOP.LYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 11 -109 of the City Ordinances is hereby amended as follows: Section 11 -109, CLOSING HOURS. No sale of beer shall be made on any Sunday between the hours of 1 :00 A.M. and 12 :00 noon, nor between the hours of 1:00 A. M. and 8:00 P. M. on any election day (in the Village.) in volving contests for State or Federal offices. No sale shall be made between the hours of 1 :00 A. M. and 8 :00 A. M. on any other day. Section 2: Section 11 -204 is hereby amended as follows: Section 11 -204. HOURS OF OPERATION. The municipal dispensary shall at all times observe the following restrictions on the hours of operation: No sale of intoxicating liquor shall be made on Sunday nor before eight O'clock P. M. on any election day (in the muni- cipality.) involving contests for State or Fed eral offices. No off -sale shall be inade before eight O'clock A. M. or after eight O'clock P. M. of any day except Saturday, on which day off -sales may be made until ten O'clock P. M. No off -sale shall be made on New Year's Dray, January 1; Memorial Day, May 30; Independence Day, July 4; Thanksgiving Day; Christmas Day, December 25; but on the evenings preceding such days, (if the sale of liquor is not otherwise prohibited on such evenings,) off -sales may be made until ten O'clock P. M.,, except that no off -sale shall be made on December 24 after eight O'clock P.M. All sales shall be made in full view of the public. Section 3: Section 11 -512 is hereby amended as follows: Section 11 -512. HOURS OF OPERATION. No sale of intoxicating liquor shall be made after 1 :00 A. M. on Sunday nor until 8 :00 A.M, on Monday nor between the hours of 1 :00 A.M. and 3:00 P. M. on any Memorial Day, nor between the hours of 1 :00 A. M. and 8 :00 P. M. on any (primary, special or general election of the City of Brooklyn Center.) election day involving contests for State or Federal offices. No on -sale shall be made between the hours of 1:00 A.M. and 8 :00 A.M. on any weekday. -3- Section 4: This ordinance shall become effective after adoption and upon thirty (30) days following it legal publication. The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. The City Manager presented an ordinance intended to complete the action of rezoning property in the vicinity of 53rd and Russell Avenue North as initially commenced on June 28, 1971. He stated the ordinance was first read on September 20, 1971, and published on September 30, 1971, and was offered for second reading and adoption. i Member John Leary introduced the followingtordinance and moved its adoption: ORDINANCE NO. 71 -10 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES i THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 35, Section 35- 1130. MULTIPLE FAMILY RESIDENCE DISTRICT (R -4) is hereby amended by the addition of the following: The east 389 feet of that part of Lot 21, Auditor's Subdivision 218 hjM west of Russell Avenue North, Section 2: This ordinance shall become effective after adoption and thirty (30) days following its legal publication. The motion for the adoption of the foregoing ordinance 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 Theodore Willard; and the following voted against the same: none, (Vernon Ausen not voting) where- upon said ordinance was declared duly passed and adopted. The City Manager reviewed an ordinance intended to implement a City Council determination relative to Planning Commission Application No, 71028 submitted by Ze)dlik and Harmala. He stated the ordinance was first read on September 20, 1971 and published on September 23, 1971, and was offered for second reading and adoption. Member Howard Heck introduced the following ordinance and moved its adoption: ORDINANCE NO. 71 -11 AN ORDI'iANCE VACATING THAT PORTION OF ORCHARD AVENUE NORTH BETWEEN 67th AVETJUE NORTH A11D 68th AVENUE ' -TORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: That portion of Orchard Avenue North lvina between the south line of 68th Avenue North and the north line of 67th Avenue North is hereby vacated as a Public street. Section 2: The City excepts from the vacation of Orchard Avenue North as described above, and reserves to itself and its assigns an easement for an public u ility purposes on, over and under the followin, parcel: "That part of Orchard Avenue North iy= fifteen (15) feet easterly and -lying fifteen (15) feet westerly of the centerline of Orchard Avenue North between 67th Avenue North `and 68th Avenue North. " -4- Section 3: This ordinance shall be effective after adoption and thirty (30) days following its legal publication. The motion for the adoption of the foregoing ordinance 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, Min by Councilman Ausen and seconded by Councilman Leary to approve the following licenses: Bingo ii, cease C.E.A.P. 6301 Shingle Creek Pkwy. Cigarette License Chuck Wagon, Inc. 5720 Morgan Ave. No. Food Establishment License Chuck Wagon, Inc. 5720 Morgan Ave. No. No�xicatinq Ault Liquor Off-Sale License Chuck Wagon, Inc. 5720 Arorgan Ave. No, NOR 0 Malt toxi ting„ LiQUQ r On -Sale License Chuck Wagon, Inc. 5720 Morgan Ave. No. Public Dancing License Chuck Wagon, Inc. 5720 Morgan Ave. No. Sign Hanger's License Macey Signs„ Inc. 451 Wilson St N.E. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously, The City Manger reviewed Planning Commission Application No. 71037 submitted by Donald Arm requesting a variance from section 15 --104 of the Platting Ordinance to allow a property division by metes and funds description. He noted that the Planning Commission had recommended approval because the requested property division constitutes a simple metes and bounds description. After a brief discussion there was a motion by Councilman Leary and seconded by Councilman Ausen to approve Planning Commission Application No. 71037 submitted by Donald Arm. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously, The City Manager stated the Director of Public Works was prepared to present a report of the engineering field investigation relative to Water Main Improvement Project No. 1971 -18, which was ordered by the Council. on August 23, 1971. The Director of Public Works stated that this project contemplated the installation of water main on Lyndale Avenue from 67th Avenue to 69th Avenue and on an easement from Lyndale Avenue easterly to Dallas Road. Further, the Present water main assessment policy stipulates that where a parcel has sufficient property to subdivide and to obtain an additional building site without a variance, the lots that could be created should receive a service and be assessed one unit water assessment for each potential lot, He stated that some of the property owners did not feel that their lots were subdivisible and, therefore, should not be assessed, The Director of Public Works summarized the findings of the field investi- gation conducted by the Building Inspector and himself, as follows: 1. The existing houses on 6816 and 6822 Lyndale Avenue North are constructed in such a location on their respective lots that the lots cannot be subdivided without the granting of a setback variance; -5- 2. All other parcels that have frontage on both Lyndale Avenue and Willow Lane can be subdivided to provide for building sites on both streets; 3, it is recommended that the water main assessment for 6816 and 6822 Lyndale Avenue be deferred until hook -up time since their lots would require a variance for subdivision. It was further recommended that all other parcels be assessed for water main at this time. He also noted, with regard to the property at 6836 Lyndale, that the parcel had been subdivided and was granted a variance for a rear yard setback; and that the parcel is hooked up to the water main in Willow Lane and has been assessed for it. It was, therefore, the reoom ndatioh that this peel should not be assessed for the water at this time. With regard to the property at 6842 Lyndale Avenue North he commented that the parcel could be subdivided into four lots of which two would face Lyndale Avenue and two would face Willow Lane, The parcel presently has one water main hook -up available on Willow Lane for which the assessment has been deferred. It is, therefore, recommended that this parcel have two services provided on Lyndale Avenue and be assessed for the two services on Project No, 1971 -18. The Director of Public Works concluded the report stating that the following Lyndale Avenue properties qualify for assessment consideration and should be assessed for water service: 6700, 6704, 6712, 6720, 672.4, 6842, 6850, and 6854. A discussion ensued relative to the recommendations of the report-and the requests by some of the residents for deferred assessments. Councilman Leary stated that the Council should follow the existing policy of assessing parcels according to their subdivisibility. Councilman Heck noted that this was not a normal situation subject to normal policy and that consideration should be given to deferment, at least until the State Highway Department makes a decision on the future of Trunk Highway 169, Mayor Cohen suggested that consideration could possibly be given to a five -year deferment of the assessments for all the affected lots. Following further discussion, including comments from several of the affected property owners, there was a motion by Councilman Willard and seconded by Councilman Leary to acknowledge and accept the October 15, 1971 report and recommendations submitted by the Director of Public Works relative to Water Main Improvement Project No. 1971 -18. The following voted in favor of the motion: Councilmen Leary, Ausen and Willard. The following voted against the motion: Mayor Cohen, and Councilman Heck. The motion passed, The City Council recessed at 9 :25 P. M. and reconvened at 9 :45 P. M. The City Manager reviewed Planning Commission Application No. 71034 submitted by Dayton Development Company requesting site and building plan approval for an eight pump gasoline service station to be located south of Dayton's garden store, east of Brookdale Perimeter Road and west of the ABC Theater parking lot. He noted that the proposed use would consist of the sale of gasoline and petroleum products with no car servicing. Following a brief discussion relative to lighting, signs and landscaping, and parking, there was a motion by Councilman Ausen and seconded by Council- man Leary to approve Planning Commission Application No. 71034 subject to the following conditions: 1. That all areas depicted as greenstrip be provided with underground sprinkler system; 2. Due to unstable soil conditions on the site no building permits will be issued until driving and parking area construction methods are approved by the City Engineer; -6- 3. Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 4, Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 5. The 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 as designated on the plans submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard, Voting against: none. Motion carried unanimously. 1 The City Manager then reviewed Planning Commission Application No. 71035 submitted by Dayton Development Co. requesting a variance from Section 35 -414.1 of the Zoning Ordinance which requires that a service stat ion must front on a street designated as a thoroughfare. He noted that the proposed site location for the service station is on a perimeter road in the interior of the Brookdale Center complex and does not meet this requirement. He stated the Planning Commission had recommended approval of the application noting that the location was unique to the property in question and this is a situation not generally common to other properties within the same zoning classification. Councilmen Leary and Willard broth noted that the ordinance does not recognize an internal street situation such as this even though the street does carry thoroughfare volume traffic. A brief discussion ensued concerning the hours and type of operation. i Motion by Councilman Willard and seconded by Councilman Leary to approve Planning Commission Application No. 71035 rioting the following circumstances: 1. The location is in the interior of a shopping complex and is along an internal perimeter road; 2. Although it is not a thoroughfare it carries a comparable amount of traffic. a a Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against; none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No, 71036 submitted by Dayton Development Co. requesting a special use permit for the automobile service station consistent with the requirements of Section 35 -414 of the City Zoning Ordinance, Following a brief discussion there was a motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 71036 submitted by Dayton Development Co. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 71038 submitted by P. Hankey requesting a special use permit for a home occupation consisting of a beauty shop to be operated in the basement of the home located at 5907 Halifax Avenue North. The City Manager noted that a letter signed by Mr. Roy K. Thomas, Jr. of 5919 Halifax Avenue North had been submitted to the file expressing opposition to the issuance of a special use permit because it was felt that the beauty shop would be a commercial encroachment into a residential neighborhood. The Mayor then recognized Mr. Thomas who reiterated his views stating that much of his concern centered on the intent of the applicant to have a sign on the premises. He commented that he had obtained the signatures of eight others in the neighborhood, of which five were opposed to the issuance of the special use permit, and three who were opposed if there were a sign permitted.. The Mayor asked that the signatures be on file. -7- Councilman Willard stated, relative to the provisions of the Zoning O3rdinance and the Council's interpretive function, that the Council gives careful consideration to the possible detrimental effects of a special use permit such as home occupancy businesses as well as the benefits sought by the applicant. The Clerk was asked to read the pertinent portion of the Zoning Ordinance relative to home occupancy special use permits and the provision for signs. Mr. Thomas commented that regardless of the size of the sign, a sign connotates commercialism, Especially in a residential neighborhood. Councilman Heck inquired of the applicant whether the sign was a method of advertising and Mr. Hankey stated that the main purpose of the sign was for identification purposes only. Councilman Willard commented that the Zoning Ordinance comprehended the granting of home occupancy, special use permits on the basis of the nature of the business and the type of equipment involved. He stated that it would be essentially unfair to deny the applicant such a permit-because of an intent to have a legal sign when a neighbor, far example, could erecta comparable sign for a home occupancy business that did not require a special use permit. Councilman Leary stated that the considerations put forth by Mr. Thomas had merit in prompting a possible reconsideration of the ordinance itself and not the instant application since the applicant's request appeared to be in order and within the definition of the existing ordinance. Following further discussion there was a motion by Councilman Willard and seconded by Councilman Leary to approve Planning Commission Application No. 71038 submitted by P. Hankey subject to the following conditions: 1. That a copy of the beauty shop and beauty operator's license as issued by the State of Minnesota, be placed on file with the Planning Commission application prior to the commencement of the operation; 2. That the permit be reviewed on an annual basis and subject to revocation should the use prove to be a disruptive influence on the immediate neighborhood; 3. That it is understood that there shall be one operator in the beauty shop; 4. That the beauty shop shall not be operated after 10 :00 P.M. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 71047 submitted by Henning - Nelson Construction Co. requesting a variance from the Zoning Ordinance fire sprinkler system requirement. Re commented that it wr.s the intent of the applicant to construct an 8, 000 square foot handball club, and that approximately 5,000 square feet of the facility consists of handball courts. The applicant stated that the sprinkler system would destroy the functional use of the ceilings for handball play and pointed out that the materials to be utilized are of a highly fire resistant nature. The City Manager noted that the Planning Commission had recommended approval of the variance application subject to the condition that adequate size piping be installed for the internal sprinkler system should the use change at a later date and require sprinklers. Motion by Councilman Leary and seconded by Councilman Willard to approve Planning Commission Application No, 71047 subject to the conditions t'oat adequate size piping be installed for the internal sprinkler system should the use change at a later date and require sprinklers; recognizing that a hardship to the applicant exists in that the ordinance does not comprehend the fact that hardball courts require that the floor, walls, and ceiling be usable playing stufaces and that projecting sprinkler heads would destroy the use of the ceiling as a playing surface, while flushed mounted sprinkler heads would be ineffective for their intended use and serve no purpose; and that the proposed use involves very low occupancy density and is to be constructed of materials which are highly fire resistant in nature._ Voting in favor were: Mayor Cohen, Councilmen Leary, Ausea, Heck and Willard, Voting against: none. Motion carried unanimously. rSr The City Manager then reviewed Planning Commission Application No, 71048 submitted by Henning - Nelson requesting site and building plan approval for the 8, 004 square foot handball club to be located on a parcel wes , of )John Martin Drive and adjacent to the north parking lot of Cinema I, 11, and III Theater site. It was noted that the application also requests approval of a joint parking facility with the theater operation, A lengthy discussion ensued concerning parking requirements and the intended joint parking agreement, Motion by Councilman Leary and seconded by Councilman Heck to approve Planning Commission Application No, 71048 submitted by Henning Nelson subject to the following conditions: 1 That the plan submitted be signed by a registered architect or engineer; 2. That a more detailed landscaping plan be submitted to the staff for review depicting specific identification of size and types of trees and shrubs to be utilized on the site; 3„ That all mechanical equipment located on the roof shall be screened; 4. Drainage and utility plans are subject to the approval of the City Engineer prior to the issuance of a building permit; S. Building plans are subject to the approval of the Building Inspector with repsect to applicable building codes; 6. That copies of the joint parking agreement relative to cross easements as well as joint agreements relative to maintenance of the parking facilities be placed on file with the City; 7. The performance agreement and performance bond (in an amount to be determ'ned by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard,. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No, 71049 submitted by C.W. Gustafson requesting a 2 ft, height variance to allow construction of a b ft, high fence to abut a street right -of -way on a Property located at 3801 - 66th Avenue North. He commented that the rear yard of this property in question abuts Brooklyn Blvd, and is adjacent to the southeast ramp of Interstate 94 and it is the intent of the applicant to construct a 6 ft, high fence to serve as a noise barrier and privacy device from the traffic on Brooklyn Blvd, and the freeway entrance. Following a brief discussion there was a motion by Councilman Heck and seconded by Councilman Willard to approve Planning Commission Application No. 71049 submitted by C.W. Gustafson, Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard, Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No, 71051 submitted by George Nerburn requesting a 5 ft, side yard variance to allow conversion of an existing attached garage into a family room on a property located at 1100 - 69 1/2 Avenue North. Following a brief discussion there was a motion by Councilman Willard and seconded by Councilman Leary to approve Planning Commission Application No, 71051 submitted by George Nerburn. Voting in favor were: Mayor Cohen, Councilmen Leary.. Ausen, Heck and 'vYillard. Voting against: none, Motion carried unanimously, -9- Mayor Cohen commented that according to the language of the pending state tax legislation municipalities would be required to recertify previously approved 1972 budgets. He suggested that in light of this requirement as well as a backlog of pending discussion items before the Council, that the Council should meet in special session on the 27th of October. Councilman Ausen stated that since one of the main dicussion items is the progress report on the ice arena proposal, consideration should be given to, and information should be prepared about the possibility of a joint venture with another community such as Brooklyn Park. A lengthy discussion ensued concerning the ice arena proposal and Councilman Willard stated that more precise data was needed so that the Council could accurately qualify various assertions which have been made concerning the need for an arena particularly the ice time required • pa Y q by various groups. 9 The City Manager commented that if the Council were to examine the possibility of a joint venture with another community, it should be prepared to consider also the possibility that such an arena might be built outside of the City. Mayor Cohen stated that he would discuss the matter with the Mayor of Brooklyn Park as well as other interested parties. ` Member Theodore Willard introduced the following resolution and moved its adoption: r RESOLUTION NO. 71 -207 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO COOPERATIVE SIDEWALK CONSTRUCTION AGREEMEW NO. 56945 WITH THE STATE OF MINNESOTA DEPARTMENT O F HIGHWAYS 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. Motion by Councilman Ausen and seconded by Councilman Heck to adjcurn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Vuillard. Voting against: none, Motion carried unanimously. The City Council meeting adjourned at 12:45 A.M. ffier Mayor -! -10-