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HomeMy WebLinkAbout1970 08-31 CCM Regular Session r Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota August 31, 1970 The City Council met in session and was called to order by Mayor Pro -tem Howard Heck at 7 :31 P.M. Roll Call: Howard Heck, John Leary and Vernon Ausen. Also present were: Donald Poss, Paul Holmlund, James Merila, Richard Schieffer, Tom Loucks and B.E. Peterson, The Reverend Roy Lindquist of Brookdale Covenant Church offered the invocation. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -148 RESOLUTION AUTHORIZING THE PURCHASE OF HARDWARE FOR PARK SHELTER BUILDINGS 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: John Leary, Vernon Ausen 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 -149 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1970 -C) 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: John Leary, Vernon Ausen and Howard Heck; 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 -150 RESOLUTION APPROVING SPECIFICATIONS FOR CONSTRUCTING CONCRETE CURB AND GUTTER AND SIDEWALK FOR THE NEW CITY HALL AND COMMUNITY CENTER PARKING LOTS AND DIRECTING ADVERTISEMENT FOR BIDS 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: John Leary, Vernon Ausen 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 -151 RESOLUTION APPROVING SPECIFICATIONS FOR BITUMINOUS PAVING OF NEW CITY HALL AND COMMUNITY CENTER PARKING LOTS AND DIRECTING ADVERTISEMENT FOR BIDS -1- 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: john Leary, Vernon Ausen and Howard Heck; and the follow - ing voted against the same; none, whereupon said resolution was declared duly passed and adopted. (Mayor Philip Cohen arrived at 7:46 P. M.) Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -152 RESOLUTION ESTABLISHING SANITARY SEWER IMPROVEMENT PROJECT NO. 1970 -21 AND WATER MAIN IMPROVEMENT PROJECT NO. 1970 -22 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 and Howard Heck; 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 -153 RESOLUTION PROVIDING FOR PUBLIC. HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT PROJECT NO. 1970 -21 AND WATER MAIN IMPROVE MENT PROJECT NO. 1970 -22 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, Vernon Ausen and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1970 -8. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official news- paper, the last publication being on August 27, 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 proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -154 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVE - MENT PROJECT NO. 1970 -8 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Sanitary Sewer. Improvement Project No. 1970 -9. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official news- paper, the last publication being on August 27, 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 proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: -2- r RESOLUTION NO. 70-155 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT PROJECT NO. 1970 -9 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. The Mayor announced that the meeting was open for the consideration of proposed Storm Sewer Improvement Project No. 1970 -10, The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 27, 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 proposed improvement, After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -156 RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT PROTECT NO. 1970 -10 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1970 -11. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 27, 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 proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said Improvement, member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70-157 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROTECT NO, 1970 -11 The motion f or 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Sanitary Sewer Improvement Project No. 1970 -12, The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 27, 1970 which affidavit was examined and found satisfactory and ordered placed on file. r The Mayor then called upon d1l prope - 4y owners pry -ient to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70-158 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEINER IMPROVEMENT PROJECT NO. 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, John Leary, Vernon Ausen and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Street Grading, Base and Surfacing Project No. 1970 -13. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 27, 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 proposed improvement. After hearing and considering ,all objections, and the property owners appearing in favor of said improvement, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -159 RESOLUTION ORDERING CONSTRUCTION OF GRADING, BASE AND SURFACING IMPROVEMENT PROTECT NO. 1970 -13 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration Of proposed Curb and Gutter Improvement Project No. 1970 -14. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 27, 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 proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 70 -1 'U RESOLUTION ORDERING CONSTRUCTION OF CURB AND GUTTER IMPROVEMENT PROTECT NO. 1970 -14 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. The Mayor announced that the meeting was open for the consideration Of proposed Grading, Base and Surfacing Improvement Project No. 1970 -15. L 7- - The Clerk produced an affidavit of publication of notice of hewing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 27, 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 proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -161 RESOLUTION ORDERING CONSTRUCTION OF GRADING, BASE AND SURFACING IMPROVEMENT PROJECT NO. 1970 -15 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, and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Curb and Gutter Improvement Project No. 1970 -16. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 27, 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 proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -162 RESOLUTION ORDERING CONSTRUCTION OF CURB AND GUTTER IMPROVEMENT PROTECT NO. 1970 -16 The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Grading Improvement Project No. 1970 -17. The Clerk roduced an affidavit of publication of notice of hearing on P the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 27, 1970 which affidavit was examined and found satisfactory and ordered placed on file. 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 john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -163 RESOLUTION ORDERING CONSTRUCTION OF GRADING IMPROVEMENT PROJECT NO. 1970 -17 -5- r 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, Member Howard Heck introduced the following resolution and moved its adoption. RESOLUTION NO. 70 -164 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1970 -B) 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 and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Howard Heck and seconded by Vernon Ausen to approve the August 24, 1970 Council minutes as submitted. 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 table a resolution accepting work (Sodding Contract No. 1969 -D) until the City Council meeting of September 14, 1970. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. Motion carried unanimously. The Council considered Planning Commission Application No. 70041 submitted by Lloyd Brandvold requesting a variance to build on a substandard lot. The property is commonly located at 312 - 55th Avenue North, curing Council discussion of this application Councilman Willard arrived at 8 :53 P. M.) Following an overview by the City Manager and a presentation by staff member Thomas Loucks, a brief discussion followed with the applicant regarding the fact that the lot was made substandard by a right -of -way acquisition for F.A.I. 94. Mr. Brandvold stated that it was not possible for him to purchase additional property west of the subject property in order to make up the deficiency. Motion by John Leary and seconded by Howard Heck to approve Application No. 70041 requesting a variance.on lot size, building setback width, and rear yard width because of a hardship caused by F.A.I. 94 right -of -way. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against were: none. (Councilman Willard abstained because of his arrival during discussion of this application.) Motion carried. The Council next considered Planning Commission Application No. 70042 t submitted Thomas ie requesting v riance from the side and by T Stanchf ld a s Y setback for the property located at 6001 York Avenue North. The application was introduced by the City Manager and illustrated by staff member Thomas Loucks. It was pointed out that a combination of inadequate supporting plans submitted by the applicant and an administrative error in allowing the applicant's contractor to pour footings five feet from the side yard property line prompts the variance request. A brief discussion ensued during which it was noted that the 22 ft. x 24 ft. addition for which the footings were erroneously placed faced the garage of the neighboring property to the north. It was further noted that the owner of said property to the north filed a statement indicating no objection to the variance request. After discussing the matter, a motion was made by Vernon Ausen and seconded by Howard Heck to approve Application No. 70042 requesting 5 ft, side yard variance, noting that an administrative error was partly responsible for creating the condition and noting that the subject structural appendage is to be located directly opposite a neighboring garage to the north. Voting in favor were: Philip Cohen, John Leary, -6- Vernon Ausen, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. The Council next considered Planning Commission Application No. 70044 submitted by Gale E. Zirbes requesting a variance for the parcel described as Lots 5 and 6, Block 2, Lake Breeze Addition. The applicant requested a variance from Section 15 -104 in order to permit subdivision by meets and bounds. Following a review by the City Manager a motion was made by Howard Heck and seconded by Theodore Willard to approve Application No. 70044 requesting a variance from Section 15 -104 because the proposed subdivision involves previously platted lots and results, therefor, in a simplit'ricd property description. 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 Planning Commission Application No. 70045 submitted by Standard Solvents requesting a variance on the side yard setback and requesting site and building plan approval for property commonly described as being located at 4906 France Avenue North. Following a review of the application by the City Manager and illustration by staff member Tom Loucks, the Council noted that in this instance the side yard setback waiver requested would not provide a common wall abutting commercial and industria; properties. Councilman Willard queried applicants Bruce Sandberg and David Ffeegaard as to the degree of explosiveness of their solvents. Council eoncern was expressed about the installation of a sprinkler system. Councilman Willard suggested that this application be referred to the Fire Department for review. Motion by Theodore Willard and seconded by Vernon Ausen to table Application No. 70045, with the applicant's concurrence, until September 14, 1970 in order to permit staff review of potential fire hazards with the Fire Marshal. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 9 :41 P. M. and resumed at 9:59 P. M. The Council next considered Planning Commission Application No. 70047• submitted by Viewcon, Inc. requesting site and building plan approval for an office building for a parcel located at 5930 - 50 Osseo Road. Following a review of the application by the City Manager, Messrs. Charles Van Eeckhout and Bill Lundberg explained the site and building plans to the Council. Council concern was expressed regarding screening of the applicants parking lot from the residences east of Beard Avenue. The applicant contended that existing trees and shrubbery would be adequate. Following this discussion a motion was made by Howard Heck and seconded by Theodore Willard that Application No. 70047 submitted by Viewcon, Inc. requesting site and building plan approval for an office building be approved subject to the following conditions: 1. Utility and drainage plans and site elevations must be presented to the City Engineer for approval; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted; 4. Any mechanical equipment and vents on the roof or at grade level must be adequately screened; 5. Outside solid waste disposal containers, if any, shall be adequately screened subject to the approval of the Building Inspector; -7- 6. Installation of an underground lawn irrigation system to be approved by the City Engineer; 7. That the two parcels (5110 and 5120) be combined into one parcel by either Registered Land Survey or by platting; 8. That City Council approval of the proposed screening device will be deferred for a period of up to one year after occupancy of the building in order to be assured that the proposed screening is adequate. 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 Planning Commission Application No. 69005 submitted by R.L. Ernst requesting rezoning from I -2, 0-1 and R -1 to the R -5 classification on property generally located south of Upper Twin Lake north and north of the Soo Line Railroad right -of -way. The City Manager summarized for the Council the Council's past actions regarding this application. He stated that this application was last considered May 26, 1969 whereupon the Council decided to seek out a professional planning firm to study the merits of the applicant's request. Councilman Willard was the Council's liaison to the professional planning firm. On May 15, 1970 Midwest Planning and Research submitted a report which was reviewed by the Council and staff and found to be unacceptable because the report did not consider all the possible land uses and land areas for arriving at a recommendation. Council- man Willard stated that after reading this report he had met with representatives of Midwest Planning and Research in June and requested that it be redone in order to better address itself to the problem. Since Midwest Planning and Research, Inc. has not responded to Councilman Willard's request the City Manager recommended that he be given the opportunity to contact said firm again. Motion by Theodore Willard and seconded by John Leary to table Planning Commission Application No. 69005 submitted by R.L. Ernst, with the concurrence of the applicant, until the Council meeting of October 5, 1970 in order to allow Midwest Planning and Research, Inc. to make a planning recommen- dation report regarding said application. 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 Planning Commission Application No. 70015 submitted by R.L. Ernst on behalf of Krause- Anderson requesting to rezone the north 163 ft. of Lot 2, Block 1, Hellsted Addition along with the north 163 ft. of vacated Irving Avenue North from R -5 to C -2 in order to permit the erection of a neighborhood - convenience store. The City Manager briefly re- summarized the past Couftil action regarding this application and commented that the applicant has revised site plans for a smaller convenience center and purchased additional property in order to meet the land deficiency for the apartments south of the subject's property. Upon being invited to comment, the applicant reminded the Council that a petition had been filed favoring the vacation of Irving Avenue North and commented on the relationship of his application to the Brooklyn Center Comprehensive Plan. Individual Councilmen expressed their views and suggestions and the consensus developed that because of changes, the application should be referred back to the Planning Commission. The applicant concurred with the Council consensus to so refer the application to the Planning Commission. Motion by Vernon Ausen and seconded by Theodore Willard to table Planning Commission Application No. 70015 submitted by R.L. Ernst on behalf of Krause- Anderson and to refer it back to the Planning Commission for the following purposes, assuming that Irving Avenue North will be vacated: 1. To review the subject application in terms of the proposed new land acquisitions and suggested site layout; -8- 2. To review planning principles applicable to the current circumstances; 3. To review the R -4 district on the north side of 69th Avenue and the ramifications thereon resulting from the subject application; 4. To consider the legal basis for and the legal ramifications of a forthcoming Planning Commission recommendation. 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 Planning Commission Application No. 70034 submitted by Bruce R. Johnson on behalf of Mound Cemetery Association requesting preliminary plat approval as required by City Ordinance and State Statutes for the Mound Cemetery Second and the Mound Cemetery Third Additions Following a brief discussion a motion was made by John Leary and seconded by Theodore Willard to approve Application No. 70034 submitted by Bruce R. Johnson on behalf of Mound Cemetery Association requesting preliminary plat approval. 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 Planning Commission Application No. 70043 submitted by the City of Brooklyn Center requesting rezoning of Lot 5, Block 2, Northtown Plaza First Addition commonly described as that property east of Orchard Avenue in the 6700 block. A review of the application was presented by the City Manager who commented that the Counci,lactionef July 13,1970 initiated proceedings to rezone said parcel from R -z to R -3 in order to be consistent with Application No. 70014, submitted by Richard Zjedlik requesting rezoning from R -1 to R -3 on that property adjacent and west of the subject property on Orchard Avenue. Motion by John Leary and seconded by Theodore Willard to approve Application No. 70043 requesting rezoning from R -2 to R -3 of Lot 5, Block 2, Northtown Plaza First Addition as being consistent with the goals of the Comprehensive Plan. 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: RESOLUTION NO. 70 -165 RESOLUTION REGARDING 1971 RATES OF TAXATION 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. Councilman Willard left the meeting at 11 :20 P.M. Member John Leary introduced the following ordinance and moved its adoption: ORDINANCE NO. 70 -18 AN ORDINANCE VACATING A PORTION OF PENN AVENUE NORTH - -- 869 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: That „portion of Penn Avenue N, orth lying northerly of State Trunk Highway No. 100 and southerly of the northern most lin extended of Registered Land Survey No. 1256, Hennepin County, Minnesota, is hereby vacated as a public street. Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 31st day of August, 1970. 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 and Howard Heck; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Howard Heck - to adopt the fallowing ordinance: AN ORDINANCE AMENDING CHAPTER 35 BY REQUIRING IAVIN SPRINKLER SYSTEMS IN CERTAIN ZONING DISTRICTS During the discussion of the motion a motion was made by Vernon Ausen and seconded by john Leary to amend the main motion by deleting reference to I -2 in Section 3 of the proposed ordinance. There following a lengthy discussion among the Council, staff and City Attorney regarding the merit of requiring under- ground sprinklers in the I -2 districts and subsequently, regarding the language of the proposed ordinance. Following this discussion Vernon Ausen and John Leary agreed to withdraw their amendment to the main motion. The City Manager then suggested that the amending sentence would be a separate paragraph to avoid any possible direct relationship to the 11 15 foot area" referred to in a previous sentence. ORDINANCE NO. 70 -19 AN ORDINANCE AMENDING CHAPTER 35 BY REQUIRING LAWN SPRINKLER SYSTEMS IN CERTAIN ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Subdivision 4 of the Section 35 -411 entitled SPECIAL REQUIRE - MENTS IN Cl AND CIA DISTRICTS is hereby amended as follows: 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No. parking shall be permitted within 35 feet of any major thoroughfare right -of -way or within 15 feet of any other right -of -way and the 35 foot or 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. Section 2: Subdivision 4 of Section 35 -412 entitled SPECIAL REQUIRE - MENTS IN C2 DISTRICTS is hereby amended as follows: 4. No building permit shall be issued until a site and parking . layout has been approved as provided in Section 35 -230. No parking shall be permitted within 15 feet of the street right - of-way and this 15 foot area shall be maintained as a green strip, The site layout shall in elude an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. Section 3: Subdivision 11 of Section 35 -413 entitled SPECIAL REQUIRE- MENTS IN I -1 AND I -2 DISTRICTS is hereby amended as follows: _10- 49 11. (Parking) Site Layout. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -(231) 230. parking shall be permitted within 15 feet of the street right- of-way and this 15 foot area shall be maintained as a green strip. The "site layout shall include an underground lawn sprinkler system to facilitate r r rrr-i.rr maintenance of site landscaping and , rc�een areas. Section 4: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 31st day of August, 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 favor thereof: Philip Cohen, john Leary, and Howard Heck; qWd the following voted against gain t tle same. Vernon Ausen whereupon said ordirmnce was declared duly passed and adopted. Motion by Howard Heck and seconded by john Leary 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;00 P. M. Jerk Mayor -11-