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HomeMy WebLinkAbout1970 07-27 CCM Board of Equalization Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota July 27, 1970 The City Council met as a Board of Equalization and was called to order by Mayor Philip Cohen at 7 :32 P. M. Roll Call: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Also present were: Donald Poss, Paul Holmlund, James Merila Richard Schieffer, John Nordberg, Tom Loucks and Bambr idge Peterson. Motion by Howard Heck and seconded by Theodore Willard to reconvene the Board of Equalization. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. Following this the Mayor reiterated for the benefit of the audience that pursuant to Minnesota State Statutes Chapter 274 and the City Charter, Section 7.04 that the City Council sits as a Board of Equalization to review assessments of property for taxation purposes according to the law. He stated that the Council sits as a Board of Equalization for the sole purpose of reviewing assessments and that members of the audience should direct their comments only to the assessed valuation of their property. The Chair then recognized Mr. L. K. Malmin of 7013 James Avenue North who inquired regarding the manner of public notice and, upon being informed, commented that he did not see the legal notice published in the newspaper. Afer hearing comments from the affected property owners the City Manager stated that there were no written objections filed with the administrative offices or City Assessor and suggested that the Board could adjourn before 8 :00 P. M. if no further verbal statements were forthcoming from the audience. Motion by John Leary and seconded by Howard Heck to adjourn the 1970 Board of Equalization. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The July 27, 1970 City Council meeting was then called to order by Mayor Philip Cohen at 7 :5 5 P.M. Motion by John Leary and seconded by Theodore Willard to approve the minutes of the July 13, 1970 meeting as submitted. Voting in favor were: Ir Philip Cohen, john Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -97 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, 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 -98 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) -1- 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon satl resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -99 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion:br 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, 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 -100 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, 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 -101, 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, 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 -102 i 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, 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 -103 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, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.. -2- Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -104 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, 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 -105 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 Ding 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, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70-106 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, Howard Heck and Theodore Willard-, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced the reopening of consideration of proposed Water Main Improvement Project No. 1970 -5 and Street Surfacing Improvement Project No. 1970 -6 which was deferred from the July 13 1970 Council meeting. The Clerk produced affidavits of publication of notices of hearings on the proposed improvements showing two weeks' publication thereof in the official; newspaper, the last publication being on July 9, 1970, which affidavits were examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvements. After hearing and considering all objections, and the property owners appearing in favor of said improvements, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -107 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVE- MENT PB NO 1970 -5 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, 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 -108 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJEQT NO 1970 -6 -3- 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, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor next announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1969 -78, Street Surfacing Improvement Project No. 1969 -79, and Curb & Gutter Improvement Project No. 1969 -80; said improvement projects were previously considered by the City Council at September 15, 1969 at which time the Council deferred consideration until a future date. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvements 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. It was also noted that the Public Works Director sent mailed notices to each affected property owner relative to this evening's meeting. The Mayor then called upon property owners present to present arguments either for or against the proposed improvements. A discussed ensued wherein affected property owners asked questions relative to the derivation of the assessment rate, as well as other questions of relevance. After this discussion a motion was made by Theodore Willard and seconded by Howard Heck to continue this public hearing until the August 10, 1970 Council meeting and directing that during the interim the Public Works Director survey affected property owners by a postcard questionnaire. Voting in favor were: Philip Cohen, john Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 8:56 P. M. and resumed at 9 :19 P. M. At this time the C3 Manager commented on a resolution endorsing City M g nt g proposed constitutional Amendment No. 1 on tax - exempt property stating that the League of Minnesota Municipalities has adopted a position supporting an amendment to the Minnesota Constitution which would give the State Legislature authority to enact laws defining and limiting tax - exempt property. f Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -109 RESOLUTION ENDORSING AMENDMENT NO. 1 RELATIVE TO TAX- EXEMPT PROPERTY 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, 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 ordinance and moved its adoption: ORDINANCE NO. 70 -15 AN ORDINANCE AMENDING CHAPTER 35 BY THE ADDITION OF CERTAIN PROPERTY TO THE C -2 PROPERTY DISTRICT AND THE DELETION OF SAME PROPERTY FROM THE I -1 ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -1200 INDUSTRIAL PARK DISTRICT (I -1), is hereby amended by the deletion of the following: (Outlot F, Twin Cities Interchange Park Addition.) -4- Section 2: Section 35 -1200 INDUSTRIAL PARK DISTRICT (I . ), is hereby emended by the addition of the following: Lot 2, Block 3, Brooklyn Center Industrial Park, Plat 2. Section 3: Section 35 -1190 COMMERCE DISTRICT, is hereby amended by the addition of the following: Lot 3, Block 3 of the Brooklyn Center Industrial Park, Plat 2. Section 4: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 27th day of July, 1970. The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in In favor thereof: Philip Cohen, John Leary, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Theodore Willard introduced the following ordinance and moved its adoption: ORDINANCE NO. 70 -16 AN ORDINANCE AMENDING CHAPTER 29 BY CREATING AN ABSENTEE BALLOT PRECINCT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 29 of the City Ordinances is hereby amended by the addition of the following: Section 29 -103. ABSENTEE BALLOT PRECINCT. An Absentee Ballot Precinct is hereby created in the City of Brooklyn Center. The precinct shall consist of a board of not less than three persons appointed the City Clerk, The ' ', ies of the board shall be to: 1. Receive all absentee ballots for a primary or general election held within the municipality; 2. check the registration of each absentee ballot against the permanent voter registration file; 3. prepare a list of absentee ballots for submission to each precinct within the municipality prior to the close of the election date for the respective precinct officials to check against the voter registration files to ascertain if any absentee ballot voter voted by person; 4, reject any absentee ballots of persons who had voted at a precinct, making a notation on the envelope of the absentee ballot as to the reason for rejection; 5. count the absentee ballots by opening them and tabulating the vote of each absentee ballot voter in a manner which will indicate each vote of the absentee voter and will indicate that the vote was received !2y absentee ballot; 6, report the respective absentee vote results to each precinct with such results to be tabulated with that _precinct. Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 27th day of July, 1970. -5- The motion for the adoption of the foregoing ordinance was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon safd ordinance was declared duly passed and adopted. Member john Leary introduced the following ordinance and moved its adoption; ORDINANCE NO. 70 -17 ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN CENTER TO ARTHUR W. HAGS CONSTRUCTION CO. AND DECOSTER DEVELOPMENT CO. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: PREAMBLE, WHEREAS, Planning Commission Application No. 70016 requesting Site and Building Plan approval for the construction of a Green Stamp Redemption Center has been presented to the City Council; and WHEREAS, the Applicant and the City of Brooklyn Center find it mutually beneficial to place certain restrictive convenants on the real estate covered by the Application; and WHEREAS,_ the Applicant has conveyed by Deed in Escrow, the real estate covered by the Application for a nominal consideration; and WHEREAS, the public purpose sought to be accomplished by the City of Brooklyn Center through the conveyance to it of the real estate covered by the Application will be fulfilled by a sale of the real estate and the retention by the City of Brooklyn Center of restrictive covenants set forth herein, It is therefore determined to proceed, consistent with Section 12.05 of the City Charter, as follows: Section 2: That real estate conveyed to the City of Brooklyn Center by Deed and Escrow and described as: Tract A Registered Land Survey No. 1261, Files of Registrar of of Titles, County of Hennepin, State of Minnesota, be conveyed in fee simple to Arthur , Hage Construction Co. and Decoster Development Co. for a nominal consideration but reserving, to the City of Brooklyn Center and its assigns the following covenants and restrictions, to wit: The said parties of the second part (grantees) take and accept this deed to the above - described premises upon the following conditions and restrictions which shall run with the title to the above described land and shall be binding upon them, their successors and assigns: The use of the premises shall be limited to a aift stamp redemption center, ffor adJacent land- owners, other uses permitted by Section 35 -320 of the zoning ordinance of ,Brooklyn Center, Minnesota, relating to_ 'C -1 Service /Office District' in effect as of June 1, 1970. This restriction may be enforced by first party (grantor_ ) by injunction or action for damages, but violation shall not work a forfeiture of title. Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 27th day of July, 1970. -6- 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, whereupon said ordinance was declared duly passed and adopted. Prior to the second reading of an ordinance fixing Council salaries the Council received an explanation from the City Manager that an error had occurred in the publication of this : ordinance and that the ordinance was republished correctly on July 16, 1970. Motion by Howard Heck and seconded by John Leary that the Council repeal its July 13, 1970 adoption of Ordinance No. 70-14 and to re -adopt the ordinance as follows: ORDINANCE NO. 70 -14 I AN ORDINANCE FIXING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Effective January 1,, 1971 and thereafter until legally amended the monthly salary for Councilmen shall be $225 and the monthly salary for Mir shall be $350_ Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication, Adopted this 27th day of July, 1970. Voting in favor were: Philip Cohen, John Leary, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered a first reading of a proposed ordinance amending Chapter 35 requiring underground irrigation systems in I -1, C -1, C -IA, and C -2 zoning districts. The City Manager commented that in recent plan approval considerations the City Council and Planning Commission have required applicants to install underground irrigation systems in certain proposed industrial and commercial developments. He commented that this ordinance is in response to the Planning Commission and Council suggestions that the underground irrigation . system requirement be expressed in the form of an ordinance rather than as a condition of plan approval. During the discussion the Council directed the City Manager to more clearly define the "underground irrigation system" termin- ology and to re- submit the draft ordinance at the next Council meeting. At this time Mayor Cohen submitted two Human Rights Commission appointments for Council consideration. Motion by Theodore Willard and seconded by John Leary to confirm Mayor Cohen's appointments to the Human Rights Commission as follows: Mrs. Marie Rasmussen, 3800 - 56th Avenue North to replace Mr. James Corcorcan for the balance of his three year term expiring December 31, 1971; and Mrs. Delores Hastings, 5813 Aldrich Avenue North to replace Mr. Vernon Backes for the balance of his three year term expiring December 31, 1970. Voting in favor were; Philip Cohen, John Leary, Howard Heck and Theodore Willard, Voting against were; none. Motion carried unanimously. At this time Councilman Willard commented to the members of the Council his past concern and present activities regarding the Hennepin County League of Municipalities. As Brooklyn Center's representative to the Hennepin County League, he reported his success in urging a re- organization of the administration and function of the League resulting in substantial dues reduction. This year the City's dues are $478.06 versus the budgeted $1,196.00. Councilman Willard left the meeting at 9 :45 P. M. The Mayor announced that the meeting was open for re- hearing of Improvement Projects No. 1969 -37 and 1969 -38 (except that part thereof described as Tract A, R. L. S. No. 1256), Improvement Projects No. 1969 -43 and 1969 -44 (except that part thereof described as Lots 1 and 2 of Block 1, Twin Cities Interchange Park), Improvement Projects No. 1969 -51 and 1969 -52, and -7- Improvement "rojects No. 1969 -56 and 1969 -57 (except that part thereof described as that part of the Northeast quarter of the Northeast quarter of Section 34, T. 119, R. 21, lying south of 69th Avenue North and easterly and northerly of Eisen's City View 2nd and 3rd Additions, commonly known as Parcel No. 610), wttth regard to the proposal to amend the improvement hearings held May 12, 1969, such that certain benefits relative thereto be assessed according to Council policy established in Resolution No. 70 -90 adopted July 13, 1970. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvements showing two weeks• publication thereof in the official newspaper, the last publication being on July 23, 1970, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposal. After hearing and considering all objections, and the property owners appearing in favor of said proposal, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -110 RESOLUTION REGARDING AMENDATORY PUBLIC HEARINGS FOR IMPROVEMENT PROJECTS NO. 1969 -37 & 38 ('EXCEPT THAT PART THEREOF DESCRIBED AS TRACT A, R.L.S. NO. 1256), IMPROVEMENT PROJECTS NO. 1969 -43 & 44 (EXCEPT THAT PART THEREOF DESCRIBED AS LOTS 1 & 2 OF BLOCK 1, riVIN CITIES INTERCHANGE PARK), IMPROVEMENT PROJECTS NO. 1969 -51 & 52, AND IMPROVEMENT PROJECTS NO. 1969 -56 & 57 (EXCEPT THAT PART THEREOF DESCRIBED AS THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, T. 119, R. 21, LYING SOUTH OF 69TH AVENUE NORTH. AND EASTERLY AND NORTHERLY OF ELSEN'S CITY VIEW 3ND & 3RD ADDITIONS, COMMONLY KNOWN AS PARCEL NO.`! 610 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 and Howard Heck; 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 -111 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECTS NO. 1970 -8 AND 1970 -11 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT NO. 1960 -1 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -112 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT PROJECT NO. 1970 -10 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -8- Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -113 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT PROJECTS NO. 1970 -9 AND h 1970 -12 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 J ohn Le and Howard Hec • and the followin . J �Y � g 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 -114 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECTS NO. 1970 -13 AND 1970 -15, CURB & GUTTER IMPROVEMENT PROJECTS NO. 1970 -14 AND 1970 -16, AND STREET GRADING IMPROVEMENT PRO]ICT NO. 1970 -17 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 and Howard Heck; 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 -115 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1970 -B) 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 and Howard Heck, 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 -116 RESOLUTION UTI N PROVIDING FOR THE ISSUANCE AND SALE OF BONDS 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -117 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,050,000 GENERAL OBUGATION STATE AID STREET BONDS -s- 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council next considered the requested vacation of Irving Avenue in Hellsted Addition in conjunction with Planning Commission Application No. 70015 submitted by R. L. Ernst on behalf of Krause Anderson' Company. Application No. 70015 consists of a request to rezone the north 163 feet of Lot 2, Block 1, Hellsted Addition along with the north 163 feet of vacated Irving Avenue North from R -5 to C-2 to permit the erection of a neighborhood convenience store. The City Manager reviewed the matter pointing out that Lot 2, Block 1, Hellsted Addition is occupied by three apartment buildings approved by the Council on September 7, 1965 in conjunction with Planning Commission Application No. 65064. He stated that while the 1965 Planning Commission and Council approval specifically limited the apartmert development to 34 units, a recent count of apartment units in the development revealed that 36 units had actually been built, apparently with the knowledge of the then Building Inspector. The City Manager stated that the unapproved units con- tributed to a 2798 square foot land deficiency supporting the apartment develop- ment. The Manager recommended that if Irving Avenue were vacated to the apartment development, the land area deficiency should be remedied prior to the severance of any resulting excess land for commercial development. The City Attorney stated that if the deficiency were not so remedied, the City Council would in effect be granting a density variance to the existing apartment develop- ment. The City Manager stated that the vacation of Irving Avenue to the apartment development, combined with the attachment of a 1344 square foot strip of land abutting the south side of the apartment development would permit severance from the apartment development of a 135 foot deep by 98.1 foot wide parcel along 69th Avenue for proposed commercial purposes. A discussion ensued regarding the land area deficiency, the merits of the street vacation request, and the factors and ramifications of the rezoning request. The applicant, Mr. R.L. Ernst, requested that the City Council limit its consideration at this time to the matter of vacating Irving Avenue North with Hellsted Addition. Upon polling the Council it was the majority consensus to further consider the street vacation at a succeeding Council meeting. A motion was made by John Leary and seconded by Howard Heck to direct the City Manager to prepare a draft ordinance vacating Irving Avenue North within Hellsted Addition for consideration by the City Council at its August 10, 1970 meeting. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none. Motion carried unanimously, The meeting recessed at 11 :12 P.M. and resumed at 11 :16 P.M. The next matter to come before the Council consisted of a review by the City Manager that in December, 1969 the City Council determined not to accpet the $9,.500 alternate No. 4 relating to the overhead crane for the Municipal Service Garage, but rather to bid the equipment separately as a budgetary expenditure rather than as a Capital Projects expenditure. He also reviewed the September, 1969 City Council acceptance of his budgetary recommendation to defer funding for certain essential garage related equipment items until the 1971 budget on the premise that the garage would not be ready for occupancy until after January, 1971. He suggested that due to the anticipated occupancy of the Municipal Service Garage in fall of 1970 bids would be solicited for approximately $7,000 worth of previously deferred equipment and would recommend financing through the 1970 budget. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -118 RESOLUTION ACCPETING BIDS FOR OVERHEAD CRANE FOR STREET DEPARTMENT GARAGE -10- 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 and Howard Heck; and the following voted against the same: noneg whereupon said resolution was declared duly passed and adopted, Motion by Howard Heck and seconded by John Leary to release the perfor- mance bond for the Volp Construction Co. (4321 - 4323 - 68th Avenue North, Planning Commission Application No, 68079) in the amount of $1,500. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to release the performance bond for Darrell A. Farr (dental office building at 5831 Osseo Road, Planning Commission Application No, 69048) in the amount of $1,000. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none, Motion carried unanimously. Motion by Howard Heck and seeded by John Leary to release the perfor" mane bond of Darrel A. Farr and Fred M. Seed (Brookdale West office building, Planning Commission .Application No, 68026) in the amount of $2,250. Voting in favor were: Philip Cohen John Leary and Howard Heck. Voting against were: none, Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to release the perform- ance bond for Dr, Irving Herman (apartment buildings located at 6737 - 6743 HuMbOldt Avenue North, Planning Commission Application No, 68027) in the amount of $1, 000. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to release the perform- ance bond for the Firestone Tire and Rubber Co, (located at 55th & Xerxes Avenue North, Planning Commission Application No. 66091) in the amount of $3 Voting in favor were: Philip Cohen, John Leary and Howard Heck, Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to release the perform - ance bond for the Chrysler Realty Corp, (located at 6111 - 6121 Osseo Road, Planning Commission Application No. 68035) in the amount of $1,850. Voting In favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none, Motion carried unanimously, The City Manager reviewed the previously discussed proposal of the League of Minnesota Municipalities and its Metropolitan Section to partially finance the continuation of the existing labor relations consulting service by Participating subscription fees. Since the League is on a July to July fiscal year the City Manager recommended that a partial advance of subscription fees be forwarded to finance the service through December, 1970, Motion b Howard Heck and seconded John a to authorize Y Le �Y r � the expenditure of $200.00 during 1970 as a partial payment on Brooklyn Center's $900.00 obligation for League of Minnesota Municipalities labor relations consulting service. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none. Motion carried unanimously. The City Manager next recommended that the Council authorize a fire drill at property located at 1101 - 73rd Avenue North and which was declared a hazardous structure and ordered for demolition by Resolution No, 70 -10. He reported that the City has received a burning permit therefor from the Minnesota Pollution Control Agency, Motion by John Leary and seconded by Howard Heck to authorize a fire drill at property located at 1101 - 73rd Avenue North. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none. Motion carved unanimously. -11- Motion by Howard Heck and seconded by John Leary to authorize the Mayor and City Manager to execute a snow fence easement release relative to the S & H Green Stamp property located at the southeast corner of Xerxes Avenue North and N'orthway Drive. Voting in favor were: Philip Cohen, John Leary and Howard Heck, Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to authorize the Mayor and City Manager to execute an agreement with T. G. Evenson and Associates, Inc. as the City's bonding consultants for the impending bond sale. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none, Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve Change Order M -1 In the amount of $2681 relative to installation of an underground draintile system under the swimming pool diving well in the Civic Center. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none. Motion carried unanimously. A brief discussion ensued relative to the tentative Intentions of the Council to relocate Liquore Store No. 1 from 65th and Lyndale Avenues to a lease location at 69th and Humboldt Avenues. Motion by Howard Heck and seconded by John Leary to adjourn the meeting. Voting in favor were: Philip Cohen, John Leary and Howard Heck. Voting against were: none. Motion carried unanimously. The Council meeting adjourned at 11 :37 P.m. Clerk Mayor -12-