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HomeMy WebLinkAbout1974 06-17 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 JUNE 17, 1974 CITY HALL Call to Order The Brooklyn Center City Council net in regular session and was called to order by Mayor Philip Cohen at 7 :12 pm. Roll Call Mayor Cohen, Councilmen Fignar, Kuefler, Jensen, and Britts. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, City Clerk Allen Lindman, Chief of Police Thomas O'Hehir, Deputy Chief of Police James Lindsay, City Attorney Richard Schieffer, and Administrative Assistants Daniel Hartman and James Lacina. Approval of Minutes Motion by Councilman Britts and seconded by Councilman 6 -3 -74 Fignar to approve the minutes of the June 3, 1974 ;meeting as submitted. Voting in favor were: Mayon Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Approval of Minutes Motion by Councilman Fignar and seconded by Councilman 6 -10-74 Jensen to approve the minutes of the June 10, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Xuefler, Fignar and Jensen;. Voting against: none. The motion passed unanimously. Liquor License Dearing The City Manager introduced the fiat agenda item con - (Nino's Steak Round -up) sisting of a previously scheduled liquor license hearing involving an alleged violation of Section 11 °- 511 of the City Ordinances by a licensee, N'ino's Steak Round -up. He reviewed that police reports alleged that representatives of the licensee had served intoxicating liquor to a minor on May 31, 1974. He stated that Section 11-516 of the City Ordinances provides that the City Council may suspend or revoke any intoxicating liquor license for violations of the liquor licensing ordinance as determined through public hearing following established notice. The City Manager suggested that the City Council sit as a fact - finding body, hearing testimony from witnesses under oath, asking clarifying questions of witnesses after testimony was elicited through examination by the City Attorney and Counsel for the licensee, and inviting written findings of fact from the City Attorney and any written arguments from the attorney representing the licensee,, City Attorney Richard Schieffer introduced Mr. Carl Cummins, attorney for Nino's Steak Round-up, and City Clerk Allen Lindman swore in the witnesses. The City Attorney introduced the case of the alleged violation and called as his first witness Officer Lester Randall of the Brooklyn Center Police Department,, Officer Randall testified that he had been called to Wino's Steak Round -up on the morning of May 31 to handle a property -1- 6 -17 -74 damage complaint involving an alleged hit - and -run incident. Officer Randall testified that upon arriving at Nino's Restaurant he encountered Clarence Dudley,, Jr. who told Officer Randall that he had been forced off the road in the vicinity of Xerxes Avenue at Shingle Creek Parkway and that his motorcycle had been damaged and that he per- sonally had been bruised in the fall. Officer Randall testified that Clarence Dudley, Jr. appeared to be - intoxicated and described the characteristics upon which he based his conclusion. Officer Randall further testified that it was established at the scene that Clarence Dudley, Jr. had been served at least one intoxicating drink at Nino's Restaurant and that he knew Clarence Dudley, Jr. to be a minor. In Gross- examination Attorney Cummins elicited from Officer Randall a description of the motorcycle damage and a description of the apparent injury to Clarence Dudley's leg. Mr. Cummins further elicited from Officer Randall that the intoxication characteristics exhibited by Clarence Dudley, Jr. were, with the exception of the odor of liquor on the breath, characteristics commonly observed in shook victims. The City Attorney next called Sergeant David Werner of the Brooklyn Center Police Department, Sergeant Werner testified that he had been called to Nino's Restaurant to anoint Officer Randall. He testified that after arriving at the scene he attempted to administer a breathalyzer test on Clarence Dudley, Jr. only to find out that the equipment was malfunctioning. Sergeant Werner testified that it was established at the scene through conversation with bartender Edward Garnet and night manager Norbert Stachowiak that Clarence Dudley, Jr. had been served at least one drink of intoxicating liquor. Sergeant Werner testi- fied that he knew Clarence Dudley, Jr. to be approxi- mately 16 Years of age and that he no informed Garnet. and 6tachowiak. Sergeant Werner also testified that Clarence Dudley, Jr. was, in hie opinion, intoxicated and proceeded to describe the characteristics upon which he based him conclusion. In cross-examination Attorney Cummins elicited from Sergeant Werner testimony to the effect that no alter - native intoxication toots were given to Clarence Dudley, Jr. Sergeant Werner agreen upon crans- examination that the characteristics of accident shock, her than the odor of liquor on the breath, are similar to the oharact aria tic a displayed by Clarence Dudley, Jr. Sergeant Werner testified that he had known Clarence Dudley, Jr. prior to the incident, both through an association with Dudley's father while a member of the Brooklyn Center Police Reserve and through other contacts with Clarence Dudley, Jr. The City Attorney next called Deputy Chief James Lindsay f the Brooklyn Center Po y y lice Department. Deputy h p y C Sef Lindsay produced a duplicate birth yp p ® r it certificate Indicating dicating that Clarence Dudley, Yr. was 6 17-74 -2- born , September 10, 1957. The City Attorney next called Clarence Dudley, Jr. as the next witness. Dudley described the alleged accident and testified that following the accident he could not recall any of the details as to how he arrived at Nino's Restaurant, nor could he recall purchasing a drink of intoxicating liquor nor calling the Brooklyn Center Police Department to report the accident. He testified that he had earlier been at a party where he had consumed a few bottles of beer. In cross - examination Attorney Cummins elicited from Clarence Dudley, Jr. that his motorcycle had incurred approximately $950 worth of damages in the alleged hit-and-run incident and that Dudley had injured his ankle in the accident resulting in a brief stint on crutches. Mr. Cummins then called his witness, Mr. Edward Garnet who testified that he was the bartender on duty who served Clarence Dudley, Jr. at Nino's Restaurant on May 31, 1974. Mr. Garnet testified that Clarence Dudley, Jr. entered the bar area of the restaurant at the time of "last call for drinks'.' appearing disheveled, wet and limping. He testified that Dudley appeared excited in stating that he had been in an accident, proceeding to describe the circumstances and subsequently requesting use of a telephone to call the Police Department. Garnet testified that Dudley ordered a drink of intoxicating liquor and that he served Dudley without any apprehension that he might be a minor, Garnet testified in response to Attorney Cummins' question that it is the policy of Nino's Restaurant never to serve minors and to check identification if there was any doubt at all. He testified that Nino's management conducts training programs and constantly reminds employees of the need to avoid serving intoxicating liquor to minors through the employment of identification checks where any doubt exi sts . Upon cress- examination City Attorney Schieffer elicited from Garnet testimony to the effect that approximately fifteen minutes per employee training session is devoted to the matter of detecting minors attempting to purchase liquor and the matter of detecting the characteristics of intoxication. Mr. Garnet attempted to describe the characteristics of intoxication which he had learned in the training sessions. Garnet testified that he was very concerned about Dudley's excited manner and his apparent injury from the accident. He testified that it did not occur to him that Dudley might be under age. Attorney Cummins called as his next witness Miss Michelle O'Brien who testified that she was a cocktail waitress on duty at Nino's during the incident. Miss O'Brien testified that she observed Clarence Dudley, Jr. come into the bar area appearing disheveled, wet and injured, wearing a long parka coat. She testified that Dudley described his accident, ordered a drink, and requested use of a telephone to call the Police Depart - ment to report the alleged accident. Miss O'Brien testified that Nino's Restaurant has, in her opinion, -3- 6 -17 -74 very strict rules dealing with the detection of under -aged persons attempting to purchase intcxi- ^cating liquor. Miss O'Brien testified that in her opinion Clarence Dudley, Jr. appeared nct to, be under -age and not to be intoxicated. Attorney Cummins next called Mr. Norbert Stachowiak, night manager of Nino °s Steak Round -up, who testified as to his role in th incident. He testified that Du;dlev'l appearance was disheveled a that Dudley did not appear sunder - ago and did not appear Intoxicated. Stachowiak testified that he permitted Duadicy the use of the house telephone to call the Poli.co Department to report tl~o alleged accident. Stachowiak testified that the ros ° taurant manauement condu,ctn training Progrdms f0T ( i ln an effort t"], r °gip abreast of State and local laws dealing with the serving of alcoholic beverages. In cross - examination, City Attorney Schieffer elicited from Mr. Stachowiak his description of the restaurant training programs and his knowledge of the charac- teristics exhibited by intoxicated persons. Stachowiak testified that Mr. Miller conducted the employee training session and that management empha. -,ized the need to check the identification of anyone remotely appearing to be under -age. Attorney Cummins then. called Mr. Roy Miller, President of Northern States Enterprises, the company which holds and operates tho Brooklyn Center Nino's Steak Round -gip franchi : ;e. Miller ta.stifi.ed that he interviewl, all prospec°tiv bartenders for the restaurants which he manages and that he personally trains employee regarding the rami,fications of State and local laws upon the serving of ale cYhc:•lic beverages. Miller testified that thi`p incidont r�aPre` enter ?ir the first vl l.atuon in t hrstnr y cif hi. c: ,)jz; .gay and teLstified tr7 it iris c camp —� troy had peon by the RG,k o'viip 9 PollcKe Chief for t'; Rn5eville )peration> by the 4rite'' A'.t(,rr y, Miller z fl,i rd that r C a,, -. to any doubt rr ° ,A4 1G 1 A��1,f.',- ,..'�I�1 �J'LA .tl� .4✓'�A. 4,. �RS �nJt�l. n,� erase, a draft card backed up by ,atat ,m_ sued picture id ent 1 fication card. li z t i.r, d t'hi-i , the det ermination c,f whether to ` _;,L�ck an ndividual° i d .a tif�c: t?e r» . = a Judgmental dec.lsinn of barten V , r r wa.atr�; +,� ?iv le+ �t, but �t t.t a Meral policy that anyone of 21 mgust , rk� ,Yn ,D t r, p t id n.,ifica i �u. t s a udg'�,e ut,_ s � � ��l decision for car waitre; as to whether an ntoxicated and therefore, not eligible to �rF. 3� � ark atln r liquor. He testified with emphasis at the major characteristics of intoxication consist of le ': d � isn, r. F, tc a d v a and a disheveled appearance. Upon questioning by the City Attorney, Miller agreed that c o certain �nt�x.icated erR,on s exhibited characteristics p e tic s nearly the opposite of those which he testified to. i i_ - Following presentation of testimony by witnesses the City Council next directed questions for purposes of clarification. Councilman Jensen inquired of Clarence Dudley, Jr. whether he had been treated by a doctor. Dudley replied that he saw a doctor the following day and it was determined that he had a sprained ankle. Councilmen Britts inquired of Officer Randall why Dudley's parents were contacted after he was taken to the police station. Officer Randall responded that Dudley was known to be a minor and in his opinion Dudley was intoxicated and not capable of driving his motorcycle home. Councilman Jensen asked Mr. Garnet to once again describe Dudley's general appearance. Garnet responded that Dudley appeared to him to be extremely excited about the alleged accident and that Dudley was disheveled in appearance with his hair hanging in strands about his face. Councilman Britts requested Clarence Dudley, Jr. to stand and release his hair restraint, permitting his hair to fall into natural place. Councilman Britts then asked Mr. Garnet his opinion of Clarence Dudley's age. Garnet responded that during the incident Dudley appeared to be at least nineteen years of age. Mayor Cohen then invited any other citizens in attendance who had relevant information to offer to stand, be identi- fied, and present such information. It was noted that no such other testimony was forthcoming. Attorney Cummins next requested to make a brief summation statement to the City Council. He stated that there was no contest of the fact that Clarence Dudley, Jr. was served a drink of intoxicating liquor on May 31, 1974, as charged. He contended, however, that there were mitigating circumstances surrounding the incident which should be taken into consideration by the City Council in arriving at a decision. He alluded to the fact that Nino'.s Steak Round -up is a taxpaying citizen of the City and an employer of a certain number of Brooklyn Center citizens. He asked that the City Council take all these factors into consideration in arriving at a decision. The City Manager recommended to the City Council that the City Attorney prepare proposed findings of fact and submit them for City Council review by July 1 , 1974. The City Attorney suggested that a draft copy of such findings of fact would be submitted to Attorney Cummins for his review and comment prior to submission to the City Council Motion by Councilman Britts and seconded by Councilman Fignar to continue the hearing to a decision on the matter -5- 6 -17 -74 at the fuly 6, 1974 City Council meeting with the condition that proposed findings of fact be submitted to the City Council by fuly 1, 1974 for its review. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefl.er, Fignar and fensen. Voting against: none. The motiorn passed unanimously. The City uncil recessed at 8 :54 �% p.m. and resumed Recess at 9 :12 p.m. The next item of business was consideration of Planning Planning Commission Commission Application No. 74025, which was intro- Application No. 74025 duced by the Director of Planning and Inspection, who (City of Brooklyn Center) explaa.,�sl that the item was initiated by the City and consisted of rezoning from R -5 to R -3 two parcels approximately 1 .5 acres in lze at 67th Avenue Norte and either side of Emerson Avenue North. The City Manager recommended that this applications be considered along with Planning Commission Application No. 74034 submitted by Mork & As sociates . Mr. °Tremere commented in reference to Planning Commission Application No. 74025 that the proposed site did not seem suitable for development at existing maximum R -5 densities. He stated that the current moratorium on multi -residential construction was initiated on the basis of this realization. Mr. Tremere also commented that neighboring property owners had submitted a petition dated fuly 7, 1973 requesting rezoning of the properties to a lesser density, which would be more compatible with the area develop- ment . He stated that analysis of the Comprehensive Plan, development of the area and the size of the parcel indicates that R -3 wounld be the highest and best use for the sites. He conimentad that Mcrk & Associates, under Planning Corrnurd's,33 .orn Application No. 74034, has p roposed the con; trunction of a townhouse project. He lained that an 4 . , ca rn'natlor,. of Mork & Associates -_ins for their rd edlc-ijment ccri rmz that R -3 density well suited for the property. He commented that tl Cwnner of the land -agrees with the concept and is .9.rn support of the r� zoning application, Mr. 'Trem.ere further cournmented that the proposed zoning recognizes the concerns and the interests of the single family residential homeowners, as well as the rights and 1ienterestj of the owner of the subject la rid. He ncted that the density of the R - 3 district `a -3 5070 of thie may- .imumrn permitted in the R -5 district. 1l .atat,:-i thlat the R-3 zone would permit a great deal more flexibility in providing for aesthetics and o pen ce for thy subject parcel than would R -5 apartments. Mayor Cohen noted that notified property owners were present but that none desired to speak either for or against the propoa. ed rezoning. 6- 17-74 - Planning Commission In reference to Planning Commission Application No. Application No. 74034 74034 the Director of Planning and Inspection reviewed (Mork and Associates) the townhouse plans with the City Council making reference to a meeting that the applicant had on the site with the neighboring property owners. He stated that concerns of the neighboring single family residents were considered in the final plans. Mr. Tremere commented that specific attention was directed to the nature of the screening fence on site A abutting the residential properties located on Dupont Avenue North. He commented that the ordinance requires a minimum four foot high opaque fence or other approved screening device and the plans provided for a fence atop a three to four foot berm. He noted that the fence was continuous, though originally it was planned to have visual breaks incorporating plantings intermittently along the property line. Mayor Cohen recognized Mr. Robert Fesler, , 6731 Dupont Avenue North, who asked for a clarification as to the 10 foot setback of the screening from the rear property line. Mr. Tremere commented that there was a 10 foot fence setback to the rear of the project but that it would be maintained by the owner of the project since it was on his property. Action Approving Motion by Councilman Britts and seconded by Councilman Planning Commission Jensen to approve Planning Commission Application No. Application No. 74025 74025 initiated by the City of Brooklyn Center, noting (City of Brooklyn Center) that the R -3 district is consistent with the Comprehensive Plan; it is compatible with adjacent land uses; and it effectively speaks to the issue of small parcels as remnants of larger multi - residential district tracts. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The Mayor then recognized Mr. Dempsey Mork representing Mork & Associates. A brief discussion ensued relative to the site and building plans for the project with Councilman Jensen inquiring as to whether the units would be rented or sold. Mr. Mork commented that he would hope the units could be sold in the future when the overall economic situation is better, but that at present the plans are to rent the townhouse units. Action Approving Motion by Councilman Kuefler and seconded by Councilman Planning Commission Fignar to approve Planning Commission Application No. Application No. 74034 74034 submitted by Mork & Associates subject to the (Mork & Associates) following conditions: 1. Building plans are subject to review by the Building Official with respect to applicable building codes prior to the issuance of permits. 2. Grading, drainage, utility, berming and driveway adjustment plans are subject to review by the City Engineer prior to the issuance of permits. -7- 6 -17 -74 3, A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of required improve- ments. 4. At such time that the ownership and /or management and maintenance of all out- side common areas shr.uld come under the jurisdiction of a homeowners association, the homeowners association agreement and bylaws shall be submitted to the City for approval subject to review by the City Attorney. 5. During the construction period and until the approved berming and permanent fencing is installed, the applicant shall provide approved temporary screening, such as snow fencing, around the perimeter of the construction sites as approved by the Department of Planning and Inspections Voting in favor were- Mayor Cohen, Councilmen Britts., - Kuefler, Fignar and Jensen. Voting against: axone. The motion passed unanimously. The next item of consideration was Planning Commission Planning Commis,aion Application No. 74030 submitted by Mr. P.S. Anderson, Application No. - 7403(} 5319 Logan Avenue North. The item was introduced by (Mr. P. S. Anders -on). the Director of Planning and Inspection, who stated that the applicant was seeking approval of a variance from Section 35 -400 to permit construction of a garage to within one foot of his rear lot line rather than the required five feet. He stated that the rear lot line of the applicant's property abuts a 30 foot alleyway. He noted that the City Council had approved a similar request on Jtul.y 14, 1.969 (Planning Commission Application No. 69038) for the neighboring property at 5317 Logan Avenue North. can the basis that the existing ordinance structure does not provide adequate standards relating to garage ;setbacks along alleys. Mr. Trerrorf c u .�r e that 30 foot alleys are found oily pwtaon of the 5300 block between Humboldt Avenue Ncyrth and Morgan Avenue North. He stated that the remaining alleys are an average of 14 feet In width and that over the years, many accessory structures have been constructed up to or to within one to three feet of the property line. He also noted that proble rna havo ar'e en in the case of 14 foot allays with respect to maintenance and snow removal. He stated that past variance action has involved lots abutting the wider 30 foot alley where there is adequate area for vehicle clearance and snow storage. The Mayor noted that notified property owners were not present to speak either for or against the proposed variance. _ 6 -17 -74 g_ Action Approving Motion by Councilman Fignar and seconded by Planning Commission Councilman Britts to approve Planning Commission Application No. 74030 Application No. 74030 submitted by Mr. P.S. Anderson (Mr. P.S. Anderson) to permit construction of a garage setback to within one foot of the property line, noting: 1 . The ordinance does not specifically comprehend those parcels abutting dedicated alleys. 2. The abutment is to a wide 30 foot alley which affords adequate vehicle access and snow storage. 3. Precedent has been established for such action involving the adjacent parcel. 4. There is a uniqueness to parcels abutting 30 foot alleyways in relationship to other parcels in the zoning district. 5. The approval is subject to the following conditions: a. - The action relates only to the rear yard setback and no other variances are granted or implied. b. All other applicable ordinance requirements will be met. C. The existing garage will be demolished or removed within 14 days of completion of the new structure. Voting in favor were: Mayor° Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Planning Commission The next item of business was consideration of Planning Application No. 74031 Commission Application No. 74031 submitted by (Mr. R.W. Northrop) Mr. R.W. Northrop. The item was introduced by the Director of Planning and Inspection who stated that the applicant was seeking permission to conduct a special home occupation which involves photocomposition typesetting at 6613 Unity Avenue North. The Mayor recognized Mr. Northrop and a brief discussion ensued relative to the type of use. He explained that the activity did not require any dark room or related chemicals and did not produce any noise or vibrations. He described the photocomposition typesetting process. Mayor Cohen noted that notified property owners were not present to speak either for or against the proposed special use. Action Approving Motion by Councilman Britts ,. and seconded by Councilman Planning Commission Fignar to approve Planning Commission Application No. Application No. 74031 74031 submitted by Mr. R.W. Northrop subject to the (Mr. R.W. Northrop) following conditions: -9 -' 6 -17 -74 l a The use shall conform to all applicable ordinance provisions and violations thereof shall be grounds for revocation of the permit. 2. The ruse shall be subject to review in one year by the City to determine whether any problems exist relative to parking or traff is , Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: r none. The mioticn passed unanimously. The next Planning item con_,,�Idered way Plannitnq Cort Mjssion . Planning Comrndesion Application No. 74032 submitted A pplic.ationr No 74032 by B o C. I. P. , Inc. The application was introduced by: the DirocIll -er �'f Plann"' g and Inspection who explained that the appl.acant was seeking approval of a pre- liminary Registered Land Survey for an area generally described a,, northerly of FAI -94, easterly of Xerxes Avenue North, and southwesterly of Shingle Creek. He stated that the RLS was composed of seven tracts, one of which was Freeway Boulevard. He noted that .. r Tract D was the site for the already, approved Kennedy -Cohen Appliance Store, Motion by Councilman Jensen and seconded by Action Approving _ Councilman Kuefler to approve Planning Commission Pl nn ng Qammi"i.orn.,. . Application No. 74032 submitted by B.C.I. P. subject Application,. -Wo., 7403;-2 - to the following conditions: (B , C. I. P a , Inc 1 . The final Regi stered Land Survey is ��T,ubject to review by the Cit Engineer. 2. The fig -il Regiastered Land Survey is s ubject to the requirements of Chapter 15 C f the City Ordir,3 Voting in fav(,r were: Mai %r Co Cct:11.cilrnen Britts, Kuefi.er, I'ign -jr ,an.dl jenzen.. Voting against: none. The m otion. passed ��na��rn,otu� °lye that the final Find Registered Land 1_3otid S J v ; ha�7 been, submitted to the Survey (B.C. I.; P., a' ,Inc. ) Citr perl;i� flncl t'4 P1an_'f -'erg Octimissi.on Application No. 74032. . Motion by Councilman Fignar and seconded by Councilman Kuefler to approve the final Registered Land Survey for that area generally described as northerly of FAI-94, easterly of Xerxes Avenue North and southwesterly of Shingle Creep. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and .Jensen. Voting against: none. The ,notion passed unanimously. The City Manager next introduced a subdivision Subdivision Bond performance bond reduction for Morningside Estates , Reduction (Morningside Second Addition. He stated that a major portion Estates Second. Addition) of the work has been completed and he recommended 6 -17 -74 _10- reduction of the bond. Motion by Councilman Jensen and seconded by Councilman Britts to reduce the subdivision performance bond for Morningside Estates Second Addition posted by Village Builders from the amount of $27,000 to $12,000. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Establish Public Hearings The Director of Public Works reviewed the deferred for Deferred Walkway walkway projects on 72nd Avenue North France Place - Projects France Avenue North and 55th Avenue North. He stated that property owners in the general area of each of these projects would be notified of the public hearings. Motion by Councilman Britts and seconded by Councilman Jensen to establish July 15, 16, and 17 as public hearing dates for the deferred walkway projects on 72nd Avenue North, France Place- France Avenue North, and 55th Avenue North respectively. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Land Covenant Terms The City Manager next introduced a draft proposal for (B.C. 1 . P. , Inc.) City Council consideration outlining specific terms of a land covenant for the new B. C. I. P. , Inc. office building site. He stated that the covenant was a required condition for approval of Planning Commission Application No. 74028. He stated that the covenant was related to the issue of parking requirements vs. potential highway right of way at the new office building. ,site. He commented that the agreement would allow the City, as well as B.C.I.P., Inc. a certain amount of time to see what the intentions of the State Highway Department are relative to the upgrading of FAI -94 and State Trunk Highway 100. Motion by Councilman Britts and seconded by Councilman Fignar to approve the B.C. I. P. , Inc. land covenant terms as submitted. Voting in favor were: Mayor Cohen, Councilman Britts, Kuefler, Fignar and Jensen. Voting againste none. The motion passed unanimously. Rii 'Is 0LUTIC Member Robert Jensen introduced the following resolution Wti 74-91 and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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. -11- 6 -17 -74 Member Maurice Britts introduced the following RESOLUTION resol t °.on and moved its adoption: NO. 74 -92 RESOLUTION ESTABLISHING CITY OF BROOKLYN CENTER AND SCHOOL DISTRICT NO. 286 TERMS FOR DEVELOPMENT OF ICE ARENA PROPOSAL The motion for the adoption of the foregoing resolution w se wa d`� � 1� seconded ded by member Tony Kuefl.er, 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, i Member Maurice Britts introduced the following RESOLUTION resolution and moved its adoption: NO, 74-93 RESOLUTION AMENDING RESOLUTION NO. 73 -207 RELATING TO 1974 POLICE DEPARTMENT MANAGE - MENT WAGES 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, Maurice Britts, `Ton Kuefler, Bill n s � o Fignar and Robert Jensen: and the following voted against the same: novae, whereupon said resolution was declared duly passed and adopted. Mayor Cohen left the table and Councilman Kuefler assumed the chair at 11002 p.m. Mayor Cohen returned to the table and assumed the chair at 11 :05 p.m. Member Tony Kuefler introduced the following RESOLUTION resolution and moved its adoption- NO. 74 -94 RESOLUTION AUTHORIZING PAYMENT OF CERTAIN HOSPITAL - MEDICAL INSURANCE COSTS Th.e motion for the adoption of the foregoing resolution was duly seconded by member Robert J ensen, 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 resolution and moved its adoption- NO. 74 -95 RESOLUTION ESTABLISHING CURB & GUTTER IMPROVEMENT PROJECT NO. 1974 -14 AND SIDEWALK IMPROVEMENT PROJECT NO. 1974 -15, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 6 -17 -74 -12- 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. RESOLUTION Member Bill Fignar introduced the following resolution NO. 74 -96 and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED CURB & GUTTER IMPROVEMENT PROJECT NO. 1974 -14 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 Tony Kuefler introduced the following resolution NO. 74 -97 and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1974 -E) 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 Tony Kuefler introduced the following resolution NO. 74 -95 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 there; . Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted againsp the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution NO. 7499 and moved its adoption: RE90LUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. -13- 6 -17 -74 Member Maurice Britts introduced the following RESOLUTION resolution and moved its adoption: NO. 74 -100 RESOLUTION ACCEPTING WORK (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 assns: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Britts and seconded by Licenses Councilman Fignar to approve pprove the following licenses: FOOD ESTABLISHMENT LICENSE Nature Food Center 1328 Brookdale SWIMMING POOL LICENSE European Health Spa 2920 County Rd. 10 Voting In favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The :motion passed unanimously. _ The City Manager stated as a mutter of information Hennepin County- that the City has received the five year projected - Five Year Highway plan for highway development by Hennepin County. Plan He stated that the plan encompasses the upgrading of 69th Avenue North, from the West city limits to Lyndale Avenue, The City Manager recommended that the City Council Surplus Fuel Storage declare two excess fuel storage tanks surplus Tanks Motion by Councilman Britts and seconded by Councilman Jensen to declare as surplus two 265® gallon fuel storage tanks. Voting in favor were-. Mayor Cohen, Councilmen Britts, Kuefler, Fignar _. acrid Jensen. Voting against: none. The motion pas :,ed unani.nrously. The Cite Manager next informed the City Council that Prelimiinary Plan, for Mr. Stephen Jahns, .student at Hennepin County the Arboretum Vocational Technical Institute, has made a proposal to the City to develop a preliminary plan for an arboretum.. He stated that Mr. Jahns' proposal would involve a $550 fee for the development of the plan. Motion by Councilman Britts and seconded by Councilman, Fignar to retain Mr. Stephen Jahns as a consualtant on the development of a preliminary plan for the arboretums at a cost of $550. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: axone. The motion passed unanimously. 6 -17 -74 -14- Portable Vending Vehicles The City Manager next commented on recent develop- ments dealing with portable vending vehicles within Brooklyn Center. He stated that under State law the Department of Agriculture is given the power to license such vehicles and, thus, the City cannot license their operation. He commented that at this time the City ordinance is no longer in effect and the City has no effective regulation of such operations. A brief discussion ensued relative to the mobile vending operations within the community with Mayor Cohen commenting that he would like to see regulations developed to at least control the non - health aspects of their operation. The City Manager commented that he has received a police report on a traffic accident which occurred in Brooklyn Center with a portable vending vehicle as a contributing factor in the mishap. Annual Meeting of the Councilman Kuefler informed the City Council that he Metropolitan League of had attended the Annual Meeting of the Metropolitan Municipalities League of Municipalities on June 6, 1974. He stated that at the meeting the Metropolitan League of Munici- palities voted to merge with the Suburban League of Municipalities to form a new association. He stated that he as Brooklyn Center's representative voted for the merger. He commented that the new association would be called the Association of Metropolitan Municipalities and its 1974 fee structure for Brooklyn Center would remain the same as that of the Metro- politan League of Municipalities. Councilman Britts informed the City Council that he would not be present at the July 22, 1974 meeting since he would be on vacation. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 74101 and moved its adoption: RESOLUTION SUPPORTING THE MINNESOTA TWINS BASEBALL TEAM AND PROCLAIMING JUNE 21 JULY 21, 1974, AS VICTORY MONTH FOR THE MINNESOTA TWINS 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, 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. Adjournment Motion by Councilman Britts and seconded by Councilman Kuefler 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 11:46 p.m. Clerk Mayor -15- 6 -17 -74