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HomeMy WebLinkAbout1975 10-20 CCM Regular Session r MINUTES OF THE PROCEEDINGS OF THE CITY COUNC OF THE CITY OF BROOKLYN CENTER IN THE COUNTY Of2 HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 20, 1975 CITY HALL Call to Order The Brooklyn Center City Council met in regular sesa was called to order by Mayor Philip Cohen at 7:30 p�rr. Roll Call Mayor Cohen, Councilmen Kuefler, Fignar, Britts, Jensen. Also present were City Manager Donald. 1 -� Director of Public Works James Merila, Director o Paul 1 Director of Planning and Tre .. rnere, City Attorney Richard Schieffer, and Act AFsistants Ron Warren and fames Lacina. Invocation The invocation was offered by Reverend John Skanse, Evangelical Free Church. Approval of Minutes Motion by Councilman Jensen, seconded by Com 9-22-75 Ki-tefler to a pproVe the minutes of the September 2" meetilng - is submitted. Voting in favor were. Colror-11men Britts, Kuefler, and Jensen. Voting none. The motion passed. Councilman Fignar ab ta'-; as he war - remit prement at that meeting. Approval of Minutes by Councilman Fignar, seconded by Coun.c,'.j.rc. 10-6-75 Kuefler to a-prove tl-e .minutes of the October 6, meeting as � Voting in favor were: Ma ,-- Britts, Kuefler, Fignar and Jensen, ag;t in� t: A The motion passed unanirrou 7 Release of Cash Motion by Cou Kuefler, seconded by Escrow T J ensen �c- rclr-!a- a $300 cash escrow to David Br: r. for s.atist completed subdivision improve r th.e Bra:r,-!-'- Adoltion. Voting in favor were Britts, Kuefler, Fignar, and f. against none. The motion passed unanin -,,-- rire Relief Investment Mr- Britts seconded by Fignar to af,)pr, the Fire Department Relief --f S30,000 in California Federal Savin,-,= � bonds at a rate of 9125%. Voti fav�7, w re: Mayor Cohen, Councilmen Britts, Kue: T i and, T risen. Voting against: none. The Storrs Sewf�r Project T hte City Manager introduced the next item of h asp ,s No. 1975-6 the agenda, that of a recommended resolution, for t - p,-irpcs�; s of authorizing execution of an agreeme.int - L the City and Mr. Harold Jorgenson for the use of Y`A-1 put p_ip by Mr,, Jorgenson, to construct Storm Sewer improve-ment Project No 1975-6. The Director of Public Works reviewed the action that °, all l l 'Laken place since first consideration of this improvemfe project on October 6. He explained that he had met several times with the citizens in the area and, with the assistance of Mr. Forstrom, has arranged for an agreement which will utilize Mr, Jorgenson's $4,000 toward Vne, construction of the storm sewer project. He next explained -1- 10 - '' 0 - 1-il the changes in the project as now proposed. He stated that through the acquisition of two easements, which reduced the cost of moving fences and power poles, the cost of the entire project has been reduced. He pointed out that estimated cost was now in the range of $6,100 instead of the prey }ously estimated $8,000. He next reviewed the proposed assessment and distribution procedure of the $4, Q00 contributed by Mr. Jorgenson. He stated that through this agreement the maximum amount assessed would be $164 versus approximately $560 on the previously estimated contract. He further stated that through the distribution of Mr, forgenson's share to those lots developed by him, the assessment would amount to a maximum of $82 on those parcels. A brief discussion ensued relative to the improvement project. The Director of Public Works pointed out that through resurvey of the drainage area it was discovered that the two lots fronting on Orchard Avenue do not contribute water to the area. Councilman Britts inquired as to how many senior citizens lived in the area, if this assessment imposed a problem for those on fixed income and whether or not there was any alternative for the City. The Director of Public Works explained that to date the City has no policy on a deferred assessment for senior citizens or low income people. Mayor Cohen pointed out that the City has no resource for funding such a program to date and that eventually the assessment still has to be paid by someone. Councilman Tensen inquired as to the procedures for paying the assessment off. The Director of Public Works responded that the assessment hearing would be held next fail and at that time the assessment could be paid off or certified to the tax rolls over a 20 year period, Mayor Cohen commented the staff and Mr, Forstrom for cooperation in resolving the storm sewer problem in this area. Member Tony Kuefler introduced the following resolution and RESOLUT' moved its adoption: NO. 75-21 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND MR. HAROLD C. fORGENSON RELATIVE TO STORM SEWER IMPROVEMENT PROJECT NO. 1975 -6 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. Member Maurice Britts introduced the following resolution RESOLUTIO i and moved its adoption: NO. 75 -2085 RESOLUTION AgCgPTING BID A APPROVING CONTRACT FORM FOR STORM SEWER IMPROVEMENT (CONTRACT 1975 -D) 10 -20 -75 -2 The motion for the adoption of the foregoing resolution 'was duly sccondod by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohn, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert J lcnscn; and the following voted against the same none, whereupon said resolution was declared duly p-3&;-- and adopted. Mayor Cohen i.nen stated the consensus of the Councill, th.at the City Manager research the deferred assessment legis- lation for s, citizens and low income people. Planning Commission Tht, Director of Planning and Inspection introduced tlm- next Application No. 75036 Jiterri of busl )ess on the agenda_ that of Planning (David BrandV01,d) N 75036 submitted by Mr. David T1, lie cxplainn, 7 1 that the applicant was seeking a from Chapter 15 (-,*' the City Ordinances to permit a reppl Ott llr,�,�,-, ;ind divi--Jon of a vHeant 126 x 120. 6) fooL parcel into of legs than ordinance width and area standards. i=-1 te d that the property is zoned R-2 for one and two far, dwell-iln,gs, and reviewed the layout of the subject prc-)p-::rty as well d& neighboring parcels in the adjacent su.biliv.J -Lori. lie rnoornn�- that the request not be approved 7,e77n1rFd, cccrqi He pointed out that Vre pr actlf�,rs I's nct consistent with the Comprehensive Plari wl'-fich' Proposes development of such parcels in the R-2 r with twp� farn: He stated that granting a, wound be, in fact, changing the Col f s P'Ia.r Wiit -c',ut an adopted change. He conclur.-efl L 3tat1na thit - l"his tI.me the variance route was adeq vehrcle for resolution of this issue. 1--T�: 4- n- `- ;,t - , ` creation of two smaller lots of 613 t wi w f -5 -1 ) n rlreatjing substandard lots that th6! -,Mm lot requirements call for 75 f oo, Hv-y those cases in this neig4borhoocil i-vvel�"Jngs do exist on 63 foot wide. th ,e were either approved prior to the :-3U ,- . c t' r,c:.w Z Ordinance or the lots previousl�ll 7: J A Url'C-f ,-� msued relative to the applicat:''.. inquired as to the R-2 activity J-:, t "s e Director of Planning and Inspec`. to date there has been little R - 2 d & v n 11 c P me"' speculating that the major cause f cr t' --n s of the situation. Councilman en (-.( -Q! as to the Planning Commission's- , -°view of tth regarding larger lots in the southraest w"Mich for some reason are not being developed tr- hr� . jgg st.-,-;d zoning, The Director of Planning anfl T�'.spect l.( statn-d that the Planning Commission was currantl.y in the process of reviewing this and other matters during its co.ri.tinued review of the Comprehensive Plan. Mayor Cc;'rien suggested that this matter be further reviewed in light of the recent trend of the State Legislature to �� hnu -Jnq construction, recognizing the need for ho sinq -4nd the increased costs related to larger lot sizes. -3- A brief discussion then ensued relative to the Planning Commission ►s review of this matter and the lake front matter in the southwest neighborhood. Councilman Britts stated that the Planning Commission has apparently been unre- sponsive in answering the request of the Council regarding specific matters such as the lake front issue. Mayor Cohen then recognized the applicant Mr. David Brandvgl� . Mr. Brandvold stated that it was not economically feasible to build double bungalows at this time and that, in his opinion, the two smaller lots with single family dwellings would be more attractive to the neighborhood Mayor Cohen opened the meeting up to notified property owners. Mayor Cohen then recognized Mrs. Cahill of 5346 Colfax, Mrs. Cahill stated that she was in favor of single family dwelling parcels. Mayor Cohen next recognized Mrs. Peterson of 5344 Colfax. Mrs Peterson also indicated that she was in favor of single family dwelling units. Councilman Fignar inquired as to the size of the houses that Mr. Brandvold proposed. Mr. Brandvold responded by stating that the houses would be approximately 950 square feet. Mayor Cohen next expressed a concern for re- evaluation of the Comprehensive Plan and Zoning Ordinance relative to single family dwelling unit lot size, He pointed out that the 63 foot lot was consistent with the neighborhood standard in this area, and that he considered it to be compatible with the overall southeast neighborhood. Councilman Jenson then stated that the R -2 zoning has not provided a stimulus for development in this area and recom- mended that the Planning Commission review this matter for a recommendation to the City Council as soon as possible. He further commented that he could not agree with the variance route for approval of this proposal. Councilman Fignar suggested the possible use of a planning consultant to assist the Planning Commission in its review on these matters. Mayor Cohen stated that, in his opinion, the planning consultant would not be needed if the Council gave s pecific direction to the Planning Commission for immediate review of specific areas. He pointed out that neighborhood advisory groups and the Planning Commission expertise should be adequate to make a recommendation to the City Council. Councilman Britts expressed his concern for the problem in the southwest neighborhood with the water front properties and an earlier request for Planning Commission evaluation. He stated that it was now time to resolve this matter as well as the southeast neighborhood matter. Following further discussion there was a motion by Councilman Action Recr..; ;- Jensen, seconded by Councilman Fignar to deny Planning mending De 'K. Commission Application No. 75036 submitted by David of Applica' n'­' Brandvold based on the fact that the request was not consistent No. 75036 with the intent of the Comprehensive Plan, the variance stan- (David Brand ala dards of Chapter 15 are not clearly met and an undesirable precedent would be established at this time in the creation of substandard lots in the R -2 district. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. 10 -20 -7$ -4- Mayor Cohen then recommended that the Planning Commission be directed via resolution to study these two matters and respond to the City Council with a timetable for resolving them. Councilman Britts suggested that he would rather table the application until the Planning Commission could proceed with its study. Following further discussion there was a motion by Councilman Kuefler, seconded by Councilman Britts directing the City Manager to prepare a r esolution to be transmitted to the Planning Commission expressing concern for timely consideration of the lake frontage problem and the R-2 lot size problems in the southeast neighborhocd, and establish a timetable for recommendation to the City Ccumcil. Voting in favor were: Mayor Cohen, Councilmen 13 ,, Kuefler, Fignar and Jensen. Voting against: none. T, e, motion passed unanimously. Mayor Cohen left the tabl at 9:00 p. m. and returned aA 9:05 p. Planning Commission The Director of Planning and Inspection next introd. , Application No. 75037 Planning Commission Application No. 75037. Hef. (Twin City Federal that the application was submitted-by Twin City Fe'­1111 Savings and Loan) Savings and Loan and comprehended the proposed ue ling and altp-rina ref the site a d building plans of the Metropolitan Life Insuran e building located at 2950 C Road 10 to establish a branch office. He reviewed Planning Commission min tes of the October 9, 197 meeting at which time the application was first ° He pointed out that a maj r concern regarding the cation revolved around th ingress and egress on t. � as well as the traffic flo characteristics genenat',"I'1 proposed drive—up teller indow and possible teller station. He also s ated that due to the of the existing building t e applicant's architect that a wet sprinkler syste , usually required undo� circumstances, would not be feasible. He stated applicant, however, had proposed an electronic detection system in place of the wet sprinkler. Councilman J "eilsen inquired as to the traffic flow o n Xerxes Avenue when the freeway is completed. The Director of Public Works responded that there is a slight decrea<de projected for traffic in this area, but that there are aj.vo other factor, that determine the traffic flow such as development of the Industrial Park in the C-lA propert­,; to the west. The City Manager then proceeded with a brief revie c the history of the Super Valu parcel and its curbcut r Xerxes Avenue. He stated that master d eve lop merit. plans did not comprehend curbcuts in this area off Xerxes Avenue. He further stated that with the construction of Super Valu came a request for a temporary curbcut onto Xerxes Avenue to handle the grand opening traffic as represented by Planning Commission Application No. 70023 dated April 29, 1970. He reviewed the action of June, 1970 of the Planning Commission which recommended denial of converting the then temporary driveway to a permanent driveway and the action of the July 13, 1974 Council meeting acknowledging the request of Super Valu and deferring the matter for study. He concluded that the -5- 10-20 matter was again considered in April, 1971 at which time the City Council moved to deny the application to make the driveway permanent, citing potential traffic conflicts in the area with future development. The driveway was subse- quently designated as temporary until such time as the traffic problem conflicts on Xerxes Avenue become intolerable requiring closing of the driveway. He summarized his review by stating that if the subject application were approved it would add to the congestion in the area and would invalidate the past Council concerns about the Super Valu driveway. The Director of Planning and Inspection then reviewed the site plan which comprehended the staff recommendation of one driveway located northerly of the existing curbcut. A brief discussion ensued relative to that proposal. He next reviewed the Planning Commission recommendation and the architect's proposal of two curbcuts, one for inbound traffic and one for outbound and inbound traffic. Councilman Britts inquired as to the fire sprinkler matter. The Director of Planning and Inspection stated that there was still some question as to whether the ordinance regarding fire sprinklers was applicable to this situation since it did not constitute new construction but merely remodeling. He pointed out that the ordinance is silent as to retroactivity in this area. A brief discussion ensued relative to this matter. The City Manager stated that the City Council might well desire to develop a policy for sprinkler requirements pertaining to remodeling of existing structures. He commented that remodeling can range from a very cosmetic facia type remodeling to major structural remodeling of the building. He also commented that the building official concurred with the architect's recommendation that a wet sprinkler system would not be feasible without major structural modification. He stated that the heat detection system proposed by the applicant appeared to be adequate in this situation. The Brooklyn Center City Council recessed at 9:50 p.m. and Recess resumed at 10:10 p.m. Mayor Cohen then recognized Mr. Morgan, architect repre- Continued _P c senting Twin City Federal Savings and Loan. Mr, Morgan of Applicat" _. reviewed the existing construction, pointing out that it was No. 75037 much like a residential hou�e in that the attic space was (Twin City ' exposed to open air and would not be conducive to a wet sprinkler system installation. He then described the heat detection system, stating that, in his opinion, it would adequately do the job. He next reviewed traffic flow data taken, from on site inspection at 5 :QQ p.m. in the afternoon. He stated that the architect's proposal for the two curbcuts better responded to traffic congestion problems in that it provided for additional egress space. He commented that the applicant was concerned with making the site as attractive as possible and that the internal design layout with the two curbcuts provided for additional Perming and trees. Councilman Fignar inquired as to the parking spaces provided, Mr. Morgan responded by stating that 26 spaces have been provided and that the code required only 21 10 -20 -75 -6- Councilman Kuefler inquired as to the busy times for the operation of Twin City Federal Savings.and Loan, and the potential problems of internal stacking of cars which would happen under the staff recommendation. The Director of Public Works responded, stating that internal stacking of cars would be more desirable than congestion in the street area. Mayor Cohen then recognized Mr. Neil. Solberg of Twin City Federal Savings and Loan. Mr. Solberg staged that the busiest times for TCF have been from 11:00 a.m. to 2:00 p. m. daily. The Director of Public Works then reviewed a 1974 highway traffic count which indicated there were approximately 9, 000 cars per day on Xerxes Avenue north of County Road 10 in this area. Mayor Cohen stated that the problem on Xerxes Avenue would` be merely com- pounded by the approval of an additional curbcut. A brief discussion ensued relative to the provision for an additional curbcut versus the single curbcut staff recommendation. Councilman Jensen pointed out that, in his opinion, an additional curbcut would not cause additional traffic congestion but would tend to offer more flexibility. The Director of Public Works responded that the additional curbcut would permit additional conflict areas Mayor Cohen then reviewed Planning Commission action, pointing out that the Planning Commission's recommendation pro - vided for the architect's proposal of two curbcuts:. He also recommended an additional point 8 regarding the fire pre- vention system as recommended by the building official Councilman Britts stated that he was in favor of the staff recommendation for one curbcut with an additional point No� 8 covering the fire prevention system. Councilman Jensen recommended approval of the application consistent with the Planning Commission's recommendation, pending inclusion of a point 8 regarding the fire prevention system. .touncilnian Fignar and Councilman Kuefler concurred with the two curbcut proposal. Mayor Cohen then staged that he had hoped the Super Valu curbcut could eventually be closed when the traffic generation became a problem in this area. He stated that he would be in favor of the staff recommendation for only one curbcut in older Lo be consistent. with previous action and concerns of the City Council in this area. Following further discussion there was a motion by Councilman Britts, seconded by Mayor Cohen to approve Planning Commission Application No. 75037 subs- tituting the staff recommendation of one curbcut for point No 7 and adding an additional point No. 8 reflecting, a central alarm heat detection system as approved by the building official. Voting in favor were: Mayor Cohen, Councilman Britts. Voting against: Councilmen Kuefler, Jensen and Fignar. The motion failed. A: Moving Councilman Jensen then made a motion approving Planning (' mission Commission Application No. 75037 submitted by Twin . I No. 75037 City Federal Savings & Loan subject to the following e-deral) conditions: -7- 10 -20 -75 I . Building plans are subject to review by the Building Official with respect to applicable codes prior to issuance of permits 2. Grading, drainage, berming and utility plans are subject to review by the City Engineer prior to 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 guarantee completion of approved site improvements. 4. Any outside trash disposal facilities shall be appropriately screened from view. 5. All landscaped areas shall be irrigated with under- ground irrigation system. 6. Plan approval is exclusive of signery. 7. The approval comprehends the site and landscape plan with Sheet IA submitted by the applicant as an alternative. 8. A heat detection system connected to ap, approved central reporting station be provided as approved by the Building Official in accordance with Chapter 5 of the City ordinances. 9. Proper traffic control signery to be erected as approved by the City Engineer. Voting in favor were: Councilmen Kuefler, Jensen, and Fignar. Voting against: Mayor Cohen and Councilman Britts . The motion passed. The Director of Planning and Inspection next introduced Planning . "r)n Planning Commission Application No. 75039 submitted Applicatirj v by Mr, 40well Zitzlof. He stated that the applicant (Lowell was seeking approval and reaffirmation of a special use permit to continue the operation of the Lyn -Brook Body Shop at 430 - 65th Avenue North, which he proposes to acquire. He reviewed the Planning Commission minutes of October 9 , 1975 at which time the application was first considered and a transparency pointing out the location of the parcel. He stated that the use was a low intensity use and provided no problem at this time. Mayor Cohen recognized the applicant, Mr. Lowell Zitzlof. Mr. Zitzlof stated that he intended to continue the same operation as was presently conducted. Mayor Cohen opened the meeting up to notified property owners. It was noted that none were present. Motion by Councilman Britts, seconded by Councilman Action Approving Fignar to approve Planning Commission Application No. Planning Coma L >"Ion 75039 submitted by Lowell Zitzlof subject to the Application Xc. 1.5339 following conditions: (Lowell Zitz1 -:� 0 10 -20 -75 -8- I The permit is issued to the applicant as operator of the facility and is nontransferable 2. The use shall consist of auto body repair and painting, all service activities shall be within the building, and no retail sales are permitted. 3. The permit is subject to applicable code and ordinances and violation thereof snail be grounds for revocation. 4. All storage, including trash disposal facilities shall be within the building or screened from view with opaque materials approved by the City., 5. Parking and driving areas shall be provided and maintained according to the approved plan° 6. Prior to any modifications of this site or the building, appropriate plans shall be submitted for review and approval by the Planning Commission and City Council. 7, All nonconforming sign structures shall be removed from the building within 60 days from date of issuance of the permit.. Noting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against none. The motion passed unanimously. Councilman Britts left the table at 11:15 p.m. :..7 Member Robert. Jensen introduced the following; resolution and moved its adoption: RESOLUTION FOR FACSIMILE SIGNATURES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Tony Kuefler, Bill Fignar and. Robert', Jansen; and the follow.i:ng voted against. the same :; none, whereupon said resolution was declared duly passed and adopted. N Member Bill Fignar introduced the following resolution and T moved its adoption:. RESOLUTION FOR FACSIMILE SIGNATURES 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, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. R - _' ` N. Member Tony Kuefler introduced` the following resolution 40 u8 and moved its adoption: RESOLUTION AMENDING 1975 GENERAL FUNt) BUDGET - 9 - 10- -20 -75 I 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, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Council manl' Britt s returned to the table at 11:20 p.m. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 75 -209 RESOLUTION AMENDING EXPENSE REIMBURSEMENT POLICIES 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. The Director of Public Works next reviewed a resolution Resolution ; recommending rejection of construction, bids for Sanitary Constructi- a pct Sewer Lift Station Replacement Project No. 1974-31. He Bids for Say. r stated that the engineer's estimate on the project was $26,000 Sewer Lift :. 43 and that the lowest bid exceeded that by some $12,000. He Replacermeen` ?rc,�-ra then recommended that the project be undertaken as an internal repair program rather than a complete replacement project. He pointed out that the repair work could be done fora cost of $12 ,000 to $15,000 with a life expectancy of ten to fifteen years. Councilman Fignar left the table at 11:30 p.m. The Director of Public Works then reviewed the cost options of replacement versus repair and the related efficiency obtained from the "methods" . Councilman Fignar returned to the table at 11:35 porno Councilman} Kuefler inquired as to the efficiency rating of a repair project versus a replacement project. The Director of Public Works responded that the repair project could be expected to obtain 50% efficiency whereas a replacement project would probably reach 70 %, Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 75 - 210 RESOLUTION REJECTING CONSTRUCTION CONTRACT BIDS (CONTRACT 1975 -C) 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. 10 -20 -75 -10- ­,ding Motion by Councilman Jensen and seconded by Councilman Amending Britts to offer for first reading an ordinance amending Chapter 27 of the City Ordinances. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unani- mously. "'censes Motion by Councilman Kuefler and seconded by Councilman Fignar to approve the following licenses: RENTAL DWELLING LICENSE Graydon & Beverly Watts 4210 Lakebroeze Ave. N. Robert Huber & Robert Ferry 3613 47th Ave. N. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business on the agenda, that of Cicero's on-sale nonintoxicating liquor license for an establishment not yet containing the required fire sprinkler system. He. briefly reviewed the Council's past action on a similar case, that of Arthur Treacher's Irish & Chips. He recomiaended that the City Council authorize the issuance of the license with the operation of the establishment being subject to the issuance of the Certificate of Occupancy by the Building Official and installation of the fire sprinkler system. Motion by Councilman Britts, seconded by Councilman Fignar to approve an on-sale nonintoxicating liquor license for Cicero's subject to the issuance of a Certificate. of Occupancy and inspection by the Building Official for the installation of fire sprinklers. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unani- mously. Motion by Councilman Britts, seconded by Councilman Kuefler to approve the food establishment license for the European Health Spa. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against,: none. The- rhotion passed unanimously. The City Manager next proceeded with a review of a Dutch t Elm Disease Report as requested by Councilman Kuefler. He described the State grant-in-aid program available for Dutch Elm disease control and reviewed the ramifications of that program. Mayor Cohen left the table at 11 -55 p. m. Councilman Jensen inquired as to the present City pro- cedures regarding Dutch. Elm Disease control. The City Manager pointed out that the City utilizes maintenance employees as tree inspectors for the detection of Dutch Elm stating that suspect trees are tested and if found diseased are ordered to be removed.. He then commented that if the trees are in the boulevard area, the City will dispose of th�_ tr , ee if the property owner cuts it down whereas trees on private property are solely the respon- silhility of property owner. He then stated that the State subsidy Program does not Provide for a replacement program and is only a removal program. 10-20-75 Mayor Cohen returned to the table at 12 :OQ a.m. He then continued with his review of the shade tree disease control program. He stated that the State grant program, in his opinion, was not adequate to provide funds for all communities. He commented that in order to qualify as a "special levy" the municipality's program must be approved yearly by the Agriculture Department and if not approved, the City subsidy would not qualify as a special tax levy. A brief discussion then ensued relative to possibilities of assisting those on low or fixed income status. The City Manager inquired if the Council would be interested in establishing a licensing requirement for tree trimmers and tree removal firms and received negative responses Councilman Jensen left the table at 12:15 a.m. Mayor Cohen suggested the need for the Legislature to review the shade tree disease legislation with a focus on eliminating the requirement for local subsidy. Councilman Jensen returned to the table at 12 :20 a.m. Councilman Kuefler stated that he would life additional time to review the report in more detail. The City Manager stated that the report required no official action at this meeting other than acknowledging receipt of it. Motion by Councilman Fignar, seconded by Councilman Britts acknowledging receipt of the Dutch Elm Disease Control Report. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Councilman Adjournrr= Britts to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against, none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12 :23 a.m. v Clerk M r 10 -20 -75 -12-