Loading...
HomeMy WebLinkAbout1975 08-18 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 18, 1975 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:30 p.m. Roll Call Mayor Cohen, Councilmen Britts, Jensen, Kuefler and Fignar, Also present were City Manager Donald Poss, Director o:f' Finance Paul Holmlund, Director of Public Works fames Merila, Director of Planning and Inspection Blair Tremere, City Attorney Richard Schieffer, and Administrative Assistants ­jn Warren and James Lacina. Approval of Minutes 8-4-75 Motion by Councilman Jensen and seconded by Councilman Fignar to approve the minutes of the August 4, 1975 meeting as submitted. Voting in favor were: Mayor Cohen, Coun­C,. men Jensen, Kuefler, and Fignar. Voting against: none. Councilman Britts abstained noting he was not present at the meeting. The motion passed unanimously. Mayoral Appointments Mayor Cohen introduced the first item of business, notinia that three members of the Brooklyn Center Bicentennial Commission were resigning. He stated that Bob Harvey, Shirley Koestler, and Penny Roberts' positions would be open on the Commission and that he had three replacements to submit for confirmation. He stated that Howard Bjork, 5415 Dupont Avenue North, Jan Higgins, 7037 Dupont Avenue l-ort'n and Jean Valerius, 6511 Humboldt Avenue North had been recommended to him by Bicentennial Commission Chairman Tom Stire for appointment to the Commission. Motion by Councilman Kuefler, seconded by Councilman 'Britts to accept the resignations of Commissioners Harvey, Koestler, and Robert-- and directing the City Manager to prepare reso- lutions of commendation. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Councilman Fignar to confirm the mayoral appointments of Howard Bjork, Jan Higgins and Jean Valerius to the Brooklyn Center Bicentennial Commission. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Park and Recreation Mayor Cohen next referred to a letter from Park and Recrea- Commission Vacancy tion Chairman Robert Zerban, stating that due to the provi- sions of the enabling legislation Resolution No. 73-25 and Article IV of the Bylaws regarding attendance, the post held by Commissioner Brenny has now become vacant. Motion by Councilman Kuefler, seconded by Councilman Fignar to accept the resignation of Commissioner Brenny and direct- ing the City Manager to prepare a resolution of commendation. -1- 8/18/75 Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Kuefler, and Pignaro Voting against: none, The motion passed unanimously, Councilman Kuefler commented briefly that the Park and Recreation Commission now has three vacancies and was actively Commission Vacancies soliciting interested citizens to fill those positions, He stated that the northeast park service area, the southwest park service area and one at large opening were vacant, Mayor Cohen next acknowledged receipt of a letter from Planning Commissior Planning Commissioner Cecilia Scott stating her intentions Vacancy to resign from the Commission as soon as a replacement could be recruited Motion by Councilman Jensen and seconded by Councilman Britts acknowledging receipt of Commissioner Scott's in- tention to resign upon finding a replacement, Voting in favor were: Mayor Cohen, Councilmen Jansen Britts, F°ignar and Kuefler. Voting against: none, The motion passed unanimously. Mayor Cohen next commented that the City Health Officer, Health Officer Dr, Shragg, had also intended to resign his duties as the Resignation City Health Officer when a replacement could be found.., Mayor Cohen noted that this was an informational item at this time and did not require any formal action. Fa City Manager introduced the next item of business on Review of Proposed i the agenda consisting of a review of proposed 1975 special Special Assessments assessments® He noted that these assessments involved various improvement projects which have been completed, The Director of Public Works then proceeded with a brief review of each project. He stated that the special assess- ment hearing would be held on September 8, 1975 at which time it is recommended that the Council take action on levy- ing these assessments® The City Manager introduced the next item of business on Planning Commission the agenda, that of Planning Commission Application Application No® 75018 No. 75018, He noted that on July 21, 1975 this matter (W. R. Busch) was first brought before the City Council and at that time it was the Council's determination to request additional information from the staff and City Attorney regarding the concept of nonconforming uses and the expansion or major alteration of them. The City Manager stated that the Director of Planning and Inspection and the City Attorney had both prepared research memoranda on the topic The Director of Planning and Inspection then proceeded with a review of his research regarding the relationship of non - conforming uses to the Zoning Ordinance and the Comprehensive Plano He explained alternatives to grant the relief sought: (1) a variance, (2) elimination of nonconforming provisions, (5) rezoning the subject parcel along with 20 others on Brooklyn Boulevard to R-10 A brief discussion ensued relative to the features of other nonconforming use applications, the application of the new Housing Code to nonconforming uses, and the accessory buildings factor of the subject application, 8/18/75 -2® It was recommended that the accessory building factor was only an incidental matter since any expansion or major alter- ation regardless of designation, violated the nonconforming use provisions of the Zoning Ordinance. Mayor Cohen then recognized the City Attorney and requested that he proceed with a review of his research on the matter. The City Attorney stated that the intent of nonconforming use legislation was simply to eliminate the use in a reasonable manner. He pointed out that the Zoning Ordinance created exclusive zones and to achieve such exclusivity, nonconform- ing provisions were necessary. He reviewed court proceedings regarding nonconforming use questions. He stated that a variance in the subject case would constitute a use variance which has been held illegal by the courts. He recommended that it would be difficult to justify expansion or enlargement of a nonconforming use based on the Zoning Ordinance, Comprehensive Plan and legal research related thereto. The City Manager commented that in many respects the Zoning Ordinance and Comprehensive Plan were protective devices for property owners in the City. He stated that the Comprehensive Plan has often been cited as a basis for denying commercial, industrial, and multiple dwelling pro- posals which intruded upon or had deleterious effects on adjacent residential neighborhoods. He suggested that zoning and Comprehensive Plan provisions which appear to have an undesired impact in some instances can in other instances prove to be the salvation for large numbers of residential property owners. Councilman Jensen then commented on the application. He stated that R-1 expansion or alteration in a C-1 district was in direct conflict with the nonconforming provisions of the Zoning Ordinance. He noted that in order to grant relief in this instance a variance would have to be approved on the basis of hardship or uniqueness and that he felt that the subject application falls into neither of these categories, He referred to the difficulty of making a decision regarding the subject application, stating that based upon the legal opinions and the staff research he had no alternative but to vote in favor of denial of the application. Mayor Cohen then proceeded with a review of his comments regarding the application. He noted that it was a very difficult decision and that he expended much effort in researching ways of how the application could be legally approved. He noted the ramifications and effects on similar property along Brooklyn Boulevard. He commented that the variance vehicle was not the proper solution to the problem. He reviewed that at the initial zoning of the parcel to C-1 no opposition was received from the property owners and that it was to their economic advantage for their parcels to be zoned C-1 noting that the parcels did not really lend them- selves to ideal conditions for R-1 uses. Councilman Kuefler stated that he felt it was necessary to uphold the nonconforming principles of the Zoning Ordinance and Comprehensive Plan. He noted that the property owners -3- 8/18/75 in the C -1 zones traded off their R -1 use privileges for a possible greater economic remuneration under the C-1 zoning. He stated that he was in favor of denial of the application. Councilman Fignar then stated that based uu_ on the facts compiled by the City Attorney and staff and in compliance with the Zoning Ordinance and Comprehensive Plan he would also vote in favor of denial of the application. Councilman Britts commented briefly on the possibility of rezoning the parcels which had R -1 uses that were currently zoned C -1 for the entire stretch along Brooklyn Boulevard. Mayor Cohen commented that this would only solve one of the problems, that in this instance the parcel also violated the accessory building structure limitations of the Zoning Ordinance. Mayor Cohen next recognized the applicant, Mr. W. R. Busch. Mr. Busch stated that it was his desire to build the enclosed porch for the purpose of making his residence more comfortable. He noted the human concern which he hoped the Council would give consideration to, Councilman Britts then commented that he felt the facts presented and the research conducted supported the decision for denial of the application. He stated that he reluctantly would vote in favor of denial. Mayor Cohen then suggested that the City Manager prepare a resolution setting forth the facts of the memoranda of the City Attorney and the Director of Planning and Inspection, the history of the Zoning Ordinance and Comprehensive Plan relative to nonconforming uses and facts relevant to this application, stating the reasons for denial. Councilman Fignar suggested that the applicant receive copies of the memoranda It was the consensus of the Council to agree to this suggestion. Following further discussion there was a motion by Council- man Fignar, seconded by Councilman Jensen directing the City Manager to prepare a resolution outlining the facts of research and reasons for denial of Planning Commission Application No. 74018. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Mayor Cohen then suggested that the applicant also receive a copy of the resolution along with the memoranda outlining the facts. The Brooklyn Center City Council recessed at 9:15 p.m. Recess and resumed at 9:30 p.m. 8/18/75 -4- 4 I� Planning Commission The next item considered was that of Planning Commission Application No. 75020 Application No. 75020 submitted by David Brandvold. The (David Brandvold) Director of Planning and Inspection reviewed the Planning Commission minutes of August 14, 1975 at which time this application was first considered. He noted that the applicant proposed a Registered Land Survey for property located at the northeast quadrant of the intersection of 60th and Colfax Avenues North. He stated that the purpose was to create a buildable interior lot on Colfax Avenue and that the proposed R.L.S. would also eliminate a remnant of an old Registered Land Survey consisting of a narrow tract along Colfax Avenue. He next reviewed a transparency noting the layout of the R.L.S. and adjacent parcels. Councilman Fignar inquired as to any deficiencies in the size of the parcels. The Director of Planning and Inspection noted that there were none. The City Manager inquired as to the attitude of the adjacent property owner regarding the inclusion of his parcel on an R.L.S. The Director of Planning and In- spection stated that he was not aware of any adverse comments relative to this. A brief discussion ensued relative to the applicant, Mayor Cohen opened the meeting up to the notified property owners. It was noted that none were present. Action Approving Motion by Councilman Britts, seconded by Councilman Fignar Planning Commission to approve Planning Commission Application No. 75020 Application No. 75020 subject to the following conditions: (David Brandvold) to Final Registered Land Survey subject to the requirements of Chapter 15 of the City Ordinances. 2. Final Registered Land Survey subject to review by the City Engineer. 3, Lot 7, Block 2, A. J. Larson Third Addition, more commonly known as 6001 Bryant Avenue North, shall be included in the final Registered Land Survey subject to the consent of the owner. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Planning Commission The Director of Planning and Inspection next reviewed Application No. 75022 Planning Commission Application No. 75022 submitted by (Fred A. Nelson) Fred A. Nelson. He noted this application was similar to the Wilda Addition involving the adjacent land to the north which was approved on September 17, 1963. He next reviewed a transparency noting the location of the parcel and the average depth line which would be established for ordinance compli- ance. Councilman Jensen then inquired as to whether this application comprehended a variance for the existing parcel. The Director of Planning and Inspection responded that it did. Mayor Cohen recognized the applicant Mr. Fred A. Nelson who had nothing further to add to the application. Mayor Cohen next opened the meeting up to notified property owners. It was noted that none were present. -5- 8/18/75 Following further discussion there was a motion by Action Approving Councilman Kuefler, seconded by Councilman Jensen Planning Commission to approve Planning Commission Application No. 75022 Application No. 75p22 subject to the following conditions: (Fred A. Nelson) 1. The final plat is subject to review by the City Engineer. 2. The final plat is subject to the require- ments of Chapter 15 of the City Ordinances. 3 The dimensions of the north property line of the new lot shall be 115 feet and the dimensions of the south property line of the new lot shall be 105 feet, thereby creating an average lot depth of 110 feet. Voting in favor were: Mayor Cohen, Councilmen Britts a Jensen, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. The next item considered was Planning Commission Applica- Planning Commission tion No. 75023 submitted by Patricia Williams. The Director Application No. 75023 of Planning and Inspection noted that this application was (Patricia Williams) first considered at the August 14, 1975 Planning Commission meeting e n and reviewed the minutes g relative to it. He explained that the applicant has assumed operation of the Timmersman Nursery School, which was approved under Application No. 74013 on March 11, 1974 located in the United Methodist Church, 7200 Brooklyn Boulevard. Discussion ensued relative to the hours of operation and number of students. Councilman Kuefler inquired as to the maximum number of students who would be attending at anyone time. The applicant responded by noting that there would be a total of 80 students in four sessions with the maximum of 20 at a time. Mayor Cohen opened the meeting up to notified property owners. It was noted that none were present. Motion by Councilman Fignar and seconded by Councilman Action Approving Kuefler to approve Planning Commission Application No. Planning Commission 75023 subject to the following conditions: Application No. 75023 (Patricia Williams) 1. The permit is issued to the applicant as operator of the facility, and is nontransferable. 2. The permit is subject to compliance with all applicable codes, ordinances and regulations, and violation thereof shall be deemed grounds for revocation. 3. A current copy of the required State license shall be kept on file with the City. 4. The operation is subject to at least annual review. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Fignar and Kuefler. Voting against: ;gone. The motion passed unanimously. 8/18/75 -6- Planning Commission The next item considered was that of Planning Commission Application No. 75025 Application No. 75025 submitted by Mr. LeRoy Smith. The (LeRoy Smith) Director of Planning and Inspection reviewed the Planning Commission minutes of August 14, 1975 at which time this application was first considered. He noted that the applicant was seeking approval of a Registered Land Survey which would permit the transfer of a wedge of land between the adjacent property owners of 5607 and 5615 Halifax Avenue North. He stated the additional land is needed to provide for the required sideyard setback for a garage addition at the applicant's residence. He next reviewed a transparency reflecting the location of the parcel and the wedge of land that would be transferred . Mayor Cohen opened the meeting up to notified property owners. It was noted that none were present. Action Approving Following further discussion there was a motion by Council - Planning Commission man Britts, seconded by Councilman Jensen to approve Application No. 75025 Planning Commission Application No. 75025 subject to the (LeRoy Smith) following conditions: 1 a Final Registered Land Survey is subject to the requirements of Chapter 15 of the City Ordi- nances. 2. The final Registered Land Survey is subject to review by the City Engineer. 3. The final Registered Land Survey shall compre- hend an inclusion of Lot 3 and the westerly portion of Outlot 1, D -le's Twin Lake Addition, subject to the consent of the property owners. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Planning Commission The Director of Planning and Inspection next reviewed Application No. 75026 Planning Commission Application No. 75026 submitted by (Clarence Steihm) Mr. Clarence Steihm. He noted that the applicant had proposed a Registered Land Survey which would create nine R -1 zoned parcels. He stated that one parcel at the north- east corner of Knox Avenue and Woodbine Lane includes a small remnant parcel approved in 1972 as part of an exist - ing Registered Land Survey. He reviewed the Planning Commission minutes of August 14, 1975 at which time this application was considered. Mayor Cohen then recognized the applicant Mr. Clarence Steihm who noted that he had nothing further to offer. Mayor Cohen opened the meeting up to notified property owners. None were present. -7- 8/18/75 Following a brief discussion there was a motion �y Approval of 1Plan� i Councilman Kuefler, seconded by Councihmar; Fignar Commission ,pplicat . , to approve Planning Commission application No, No,, 75026 75026 subject to the following conditions: (Clarence Steihm) 1 � The final Registered Land is subject to the requirements of Chapter 15 of the City Ordinances. 2, The final Registered Land Survey is subject to review by the City Engineer, 5 � Approval recognizes the width deficiences of proposed Tract G and proposed Tract H as noted on the submitted preliminary Registered Land Survey . Noting in favor were- Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen, Voting against: none, The motion passed unanimously, The next items considered was that of Planning Commission Planning Commiss'lio: Application No. 75027 submitted by Hiawatha Rubber application No. 75027 Company. The Director of Planning and Inspection noted (Hiawatha Rubber C o % that the applicant proposed a light manufacturing industrial building at the westerly radiant of the 67th and James Avenues cul-de-sac. He stated that the first phase of the building would be approximately 36,000 squ are feet in area, He reviewed the Planning Commission minutes of august 14, 1975 at which time this applications was first considered,, He also reviewed a transparency noting the location of the parcel and the adjoining parcels, Councilman Jensen inquired as to the development of the second phase and whether there would be two buildings or an addition to the first pl ase , The Director of Planning and Inspection responded t' at it would be an addition to the initial building He next reviewed the site plan submitted, noting the entrance was in line with the James Avenue North extension, He re- viewed the Phase I portion of the plan in conjunction with the berming, curbing and other developmental enhancements Mayor Cohen inquired as to air pollution problerns, The Director of Planning and Inspection responded that there were none to his knowledge, He further noted that he and the Building Official had previously visited the existing site of the operation and found it to be very compatible to light manufacturing designated for the zoning in the Im1 district, Councilman Jensen inquired as to the flammable chemicals on the situ The Director of Planning and Inspection, stated that none of the chemicals used. in the process were flammable, Councilman Britts inquired as to the number of employees. The Director of Planning and Inspection responded that currently the plant housed some 50 employees and that there would be a possibility of expansion with the second pha se development. Ile further commented that the site proposed more than adequate parking o Mayor Cohen next recognized the applicant, Mr. Popehna Mr. Popehn briefly described Hiawatha Rubber Company's manufactur- ing process He noted that the company dealt with precision rubber products and bonding of rubber to metal and provided a 6/18/75 m8� very low noise and relatively odor free manufacturing process. He briefly reviewed types of products produced. He noted that he felt development in this area was not only beneficial to his company but also to the City of Brooklyn Center. Councilman Kuefler inquired as to the method of heating the building described to the Planning Commission. Mr. - Popehn described the technicalities of the proposed heating of the building through the use of circulated hydraulic oil used to operate the presses. He also noted that the exterior materials of the building provided for more efficient heating than the normal structure in this area. Approval of Planning Following further discussion there was a motion by Councilman Commission Application Jensen, seconded by Councilman Britts to approve Planning No. 75027 Commission Application No. 750`27 subject to the following (Hiawatha Rubber Co.) conditions: 1. Building plans are subject to review by the Building Official with respect to applicable codes, prior to issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review by the City Engineer, prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of the approved site improvements. 4. Landscaping and development of Phase II area may be deferred provided the area is planted and maintained with a viable turf. S. Required installation of permanent B -612 curb and gutter along the north line of •Phase I driving area may be deferred for three years, pending the development of the northerly portion of the site, subject to the following conditions: a. Notwithstanding any of the above conditions, the City may require the installation of permanent B -612 curb and gutter at any earlier time that may be necessary. b. During the interim period temporary bituminous curb and gutter will be installed along said northerly line as indicated on approved plans. c. If, during this period of time, the adjacent area should develop with a plan that would not require curb and gutter and the City approved that plan, the City could waive the curb requirements in this area . 6. All rooftop mechanical equipment Shall be appro- priately screened to be aesthetically compatible, . with the structure. -9- 8/18/75 7. Outside storage and maintenance of equipment is expressly prohibited, Voting in favor were: Mayor Cohen, Councilmen Jensen, Jensen, Kuefler, and Britts. Voting against: none. The motion passed unanimously. The Director of Planning and Inspection next reviewed Amendment to Application a proposed amendment to Planning Commission Applica- No. 74040 (Gabbert & tion No. 74040 submitted by Gabbert & Beck, Inc. He Beck) reviewed the Planning Commission minutes of August 14, 1975 at which time the application was considered. He noted that the applicant proposed certain changes with respect to the site and building plans of the Westbrook Mall which is currently under construction, He noted that one of the amendments involved the construction of an air conditioning system cooling tower and screening device on the west side of the building near the service entrance. He stated that the applicant proposed to screen the area with materials compatible with the structure, He stated that this cooling tower would be in lieu of a number of rooftop cooling units and that, as a result of certain modifications in the design of the curb line at that location, it could be adequately accommodated as indicated on the revised site plan. He also noted that the applicant was seeking approval of an increase in the number of deferred parking spaces. He noted that the original approval of July, 1974 comprehended two phases of development and had an approved deferral of 95 parking spaces for the first phase. He stated that the applicant was requesting a revised deferral of 124 spaces or an increase of 29 spaces. He further commented that in Phase II the Council had approved a deferral of 73 spaces, whereas the applicant is seeking approval of a deferment of 115 spaces or an increase of 42 spaces. He noted that the applicant proposed increasing an approved 125 seat, 25 employee, 5,000 square foot restaurant to a 250 seat, 12 employee, 6,640 square foot restaurant. He noted that this change is the primary reason for the deferral increase in parking spaces since it was the applicant's contention through previous ex- perience that the combination of shopping centers and restaurants with peak hours in late evening did not require the amount of spaces that were required by ordinance. A brief discussion ensued relative to the application. Mayor Cohen next recognized Mr. Warren Beck of Gabbert & Beck, Inc. who stated that he felt both the cooling tower design and the change in the exterior facing of the building offered more aesthetic relief and value to the development than the initial plans. Following further discussion there was a motion by Action Approving Councilman Kuefler, seconded by Councilman Fignar to Planning Commission approve Planning Commission Application No, 74040 Application No. 7404 subject to the following conditions: (Gabbert & Beck) 8/18/75 _10- Installation of certain parking stalls as indicated on the approved site and building plans may be deferred until deemed necessary by the City Council, providing such deferred areas are developed, landscaped and maintained in accordance with approved site plans and ordinance requirements. 2. Site plans shall be subject to review in July, 1976 with respect to deferral of certain site improvements necessitated by the existing NSP easement, unless said easement has been vacated and said improvements are under construction or completed. 3. The length of the screening delineators on the west side of the building shall be 40 feet in length and the type and design of materials within the delineator for screening purposes shall be submitted to the City staff for approval prior to construction. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Fignar and Kuefler. Voting against® none. The motion passed unanimously. Planning Commission The Director of Planning and Inspection next reviewed Planning Application No. 75029 Commission Application No. 75029 submitted by Michale (Michale Belknap) Belknap. He noted that this application comprehended approval of an eating establishment with live entertainment to be located in the Westbrook Mail. He noted that the restaurant main entrance would be located within the Mail and the rnax11r.oru_Tn seating would be 250 seats. He commented tkiat Mr. Belknap was a representative of Cicero's, Inc. which intended to operate this facility. Mayor Cohen then recognized Mr. Michale Belknap. Council- man Kuefler inquired as to whether the facility would house a bar area. Mr. Belknap responded by indicating that only beer would be served to people seated at eating tables. Mayor Cohen opened the meeting up to notified property owners. It was noted that none were present. Action Approving Planning Following further discussion there was a motion by Councilman Commission Application Britts, seconded by Councilman Jensen to approve Planning No. 75029 (Michael Belknap) Commission Application No. 75029 subject to the following: 1. Maximum seating shall be 250 seats. 2. The permit is issued to the applicant as operator of the facility and is not transferable. 3. The permit is subject to all applicable codes, ordinance and regulations, and violation thereof may be deemed grounds for revocation. 4. All garbage and trash disposal will be within the building or within an approved enclosed area screened from public view. -11. - 8/18/75 5. The applicant will assure that loitering is discouraged and that an adequate area is available within the restaurant for waiting customers. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Fignar and Kuefler. Voting against: none. The motion passed unanimously. The Director of Planning and Inspection next reviewed the Apartment Licenses addition of thirteen apartment licenses for the City Council's approval. He stated that there were no major difficulties encountered regarding these facilities, commenting that only minor deficiencies such as fire doors remaining open and exit lights burned out were observed. He noted that to date he has received good cooperation from the apartment owners in that only two fourplexes of a total 77 complexes had not responded to licensing procedure. Motion by Councilman Jensen, seconded by Councilman Britts to approve the following apartment licenses. RENTAL DWELLING LICENSE Miles Fiterman 6915, 6925 Humboldt N. F. M. Lunacek 5211 Xerxes Ave. N. T. B. Geldert 5209 Xerxes Ave. N. I. M. Malone 3601 - 47th Ave. N. A. L. Johnson 5547 Lyndale Ave. N. Jerry Jacobson & Dennis Schuette 4408 - 69th Ave. N. K. W. Kunz 5601 Lyndale Ave. N. M. Ettleson, N. A. Celozzi & L. G. Malanfant 1400 -1401 - 67th, 6640 -6700 Humboldt Ave. N. Richard Jiudice 5301 Dupont Ave. N. Robert Bobleter 5324 - 4th St. N. Robert Bobleter 5328 - 4th St. N. Isolda Gilles 4715 France Ave. N. Sigmund Bona 5207 Xerxes Ave. N. Voting in favor were: Mayor Cohen, Councilmen Jensen, Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Motion by Councilman Britts, seconded by Councilman Kuefler to approve the following licenses. CIGARETTE LICENSE House of Louie 6800 Humboldt Ave. N. FOOD ESTABLISHMENT LICENSE House of Louie 6800 Humboldt Ave. N. GARBAGE & REFUSE COLLECTION VEHICLE LICENSE Gallagher's Service, Inc. 9151 Central Ave. N. E. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. 8/18/75 -12- Recess T Brooklyn 0 The klyn Center City Council recessed at 11:15 p.m. and resumed at 11:25 p.m. Release of Development Motion by Councilman Jensen, seconded by Councilman $ritts Bond to release a development bond in the amount of $4,000 for Swanco and West River Villa Townhouses. Voting in favor were: Mayor Cohen, Councilmen Jensen, Britts, Fignar qnd Kuefler. Voting against: none. The motion passed unanimously . Release of Development Motion by Councilman Fignar, seconded by Councilman Bond Jensen to release a development bond in the amount of $1,000 to First Florida Building Corporation for Burger King development in Brooklyn Center. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar, Britts, and Jensen. Voting against: none. The motion passed unanimously, Release of Development Motion by Councilman Fignar, seconded by Councilman Bond Britts to release a development bond in the amount of $2,000 to Home Federal Savings & Loan. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar, '_Britts, and Jensen, Voting against: n - one; - :The motion passed unanimously. RESOLUTION Member Maurice Britts introduced the following resolution O - N 75 166 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (WATER TOWER MAINTENANCE PROJECT 1975 -5 - CONTRACT 1975 -B) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolution NO. 75 -167 and moved its adoption: RESOLUTION AUTHORIZING FINAL DISBURSEMENT OF e BROOKDALE GARDENS LAWSUIT SETTLEMENT MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Robert Jensen introduced the following resolution NO. 75 -168 and moved its adoption: RESOLUTION DIRECTING THE DISBURSEMENT OF CASH ESCROW FOR EDLING 4TH ADDITION -18- 8/18/75 I The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO 75 -169 RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The City Manager next recommended a re solution accepting Resolution Accepting quotes for a liquor store sign, He reviewed the three basic Quotes for Liquor Store alternatives of a standard lighted sign recommending the Sign bid of Kaufman Outdoor Advertising for alternate A in the amount of $1,474 , Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO, 75 -170 RESOLUTION ACCEPTING QUOTATION FOR IDENTIFICATION SIGN FOR LIQUOR STORE #2 AT BROOKLYN BOULEVARD AND 63RD AVENUE NORTH The motion for the adoption of the foregoing resolution was duly econded b member Robert on vote being y y Jensen, and u J p g taken thereon, the following voted in favor thereof: Philip Cohen,, Maurice Britts, Tony,,,Kuefier, Bill Fignar and Robert Jensen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted o Member Bill. Fignar introduced the following resolution RESOLUTION and moved its adoption: NO, 75 -171 RESOLUTION ACCEPTING WORTS (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 75 -172 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 8/18/75 -14- The motion for tine adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted First Reading Motion by Councilman Fignar and seconded by Councilman Ordinance Amending Britts to offer for first reading an ordinance amending Chapter 1 Chapter 1 of the City Ordinances relative to the animal control ordinance. Voting in favor were: Mayor Cohen, Councilman Britts, Kuefler, Fignar, and Jensen. Voting against: none, The motion passed unanimously, Proposed Street The City Manager next reviewed a request from attorneys Dedication for Farrell's located in the Brookdale fringe shopping area to dedicate an interior circulation route to the City. He recommended denial of this request on the basis that it was part of a private roadway system. Following a brief discussion relative to this matter there was a motion by Councilman Kuefler, seconded by Councilman Jensen to deny the request of Farrell's for formal street dedication of an interior circulation route. Voting in favor were: Mayor Cohen, Councilmen Britts, Jensen, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Brooklyn. Boulevard Trunk The City Manager introduced the next item of business on the Highway 100 Walkway agenda, a report of the pedestrian walkway bridge over Bridge Report Highway 100 at Brooklyn Boulevard. The Director of Public Works proceeded with a brief presentation stating that under the proposal the federal government would be sharing 70',6 of the cost while the City and State would split the remaining 80%. He reported that the proposal comprehended separate structures for pedestrian traffic on each side of the bridge. He explained an informal alternative suggested- by the Minnesota Highway Department wherein interchange traffic signals be substituted for one of the two pedestrian bridges. A brief discussion ensued relative to the concept of providing two bridges or one bridge and additional signalization. The City Manager recommended that it remain the position of Brooklyn Center that walkways be,provided on both sides of the bridge. It was the consensus of the Council to concur. The Director of Public Works noted that this project was still in the developmental stages and that it would be expected for winter bid letting. Smoking Policy The City Manager next reviewed proposed smoking regulations for the public areas of City Hall and the Civic Center complex, He stated that he intended to designate the lower lounge area of the Community Center, the lunch room in City Hall, the, foyer area in City Hall, and the east one -half of the Council Chamber as smoking areas. _15-- 8/18/75 II Motion by Councilman Britts and seconded by Councilman Adjournment Fignar to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Fignar, Britts, Jensen, and Kuefler. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:10 a.m. _ f Jerk Mayor 8/18/75 -16-