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HomeMy WebLinkAbout1973 07-09 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 JULY 9, 1973 CITY HALL i Call to Order The City Council met ih`'regular session and was called to order by Mayor Philip Cohen at 7:30 p.m. Roll Call Mayor Cohen, Councilmen Leary, Fignar and Britts. Also present were City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works James Merila, Director of Planning and Inspection Blair Tremere, Deputy Chief of Police James Lindsay, City Attorney Richard Schieffer and Administrative Assistant Daniel Hartman. Approval of Minutes Motion by Councilman Fignar, seconded by Councilman 6 -12 -73 Leary to approve the minutes of the June 12 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts and Fignar. Voting against: none. Motion passed. 6 -18 -73 Motion by Councilman Britts, seconded by Councilman Fignar to approve the minutes of the June 18 meeting as submitted. Voting in favor were: Mayor Cohen, Council- men Leary, Britts and Fignar. Voting against: none. Motion passed. Award Workmen's The first item of business was the awarding of bids for Compensation Insurance the City's Norkmen's Compensation Insurance. The Bids item was introduced by the City Manager and the Director of Finance reviewed the various proposals which had been received. He stated the recommendation was to remain with the AID Insurance Company program as written by the Hannay Agency. Following a brief discussion there was a motion by Councilman Leary, seconded by Councilman Britts to award the bid for the City's V orkmen's Compensation Insurance to the AID Insurance Company through the William Hannay Agency. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts and Fignar. Voting against: none. Motion passed. Authorize Agreement for The City Manager next recommended that the Council Liquor Store Architectural authorize the Mayor and City Manager to execute an Services agreement for architectural services relating to the proposed municipal liquor store in the developing Humboldt Square Shopping Center. He stated that under the agreement the maximum fee would be $4500. Following a brief discussion there was a motion by Councilman Fignar, seconded by Councilman Leary to authorize execution of agreement for architectural services relating to the proposed new municipal liquor store. Voting in favor were: Mayor Cohen, Councilmen Fignar, Britts and Leary. Voting against: none. Motion passed. Authorize Water Hookup The City Manager next explained the owner of property to Minneapolis System at 5300 -5304 Vincent Avenue North has requested -1- 7 -9 -73 Fr authorization to hookup to the Minneapolis water system. He stated that since Brooklyn Center has no plans to duplicate the Minneapolis water main in 53rd Avenue and since neighboring property owners have previously been authorized to hookup to the Minneapolis water system, it was recommended that the Council so author- ize. Motion by Councilman Leary and seconded by Councilman Britts to authorize the owner of property at 5300 -5304 Vincent Avenue North to hookup to the Minneapolis water system. Voting in favor were: Mayor Cohen, Council - men Britts, Leary, and Fignar. Voting against: none. Motion passed. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -102 and moved its adoption: RESOLUTION AUTHORIZING FIRE TRAINING CENTER JOINT POWERS AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the fallowing voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 73 -103 tion and moved its adoption. RESOLUTION ACKNOWLEDGING GIFT The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, and Bill Fignar; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution NO. 73 -104 and moved its adoption. RESOLUTION ACKNOWLEDGING GIFT 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, John Leary, Maurice Britts, and Bill Fignar; 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. 73 -105 and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT 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, John Leary, Maurice Britts, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -2- 7 -9 -73 RESOLUTION Member Maurice Britts introduced the following resolu- NO. 73 -106 tion and moved its adoption: RESOLUTION APPROVING SPECIAL LAW, LAWS 1973, CHAPTER 522 RELATING TO THE ISSUANCE OF ON -SALE : LIQUOR LICENSES 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, John Leary, Maurice Britts, and Bill Fignar; 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. -.7.3 -107 and moved its adoption: : 'RESOLUTION APPROVING SPECIAL LAIAT, LAWS 1973 CHAPTER 659 RELATING TO HOUSING AND REDEVELOP -,. .MENT AUTHORITY The motion for the adoption of the foregoing resolution,._. was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor.. thereof: Philip Cohen, John Leary, Maurice Britts, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared -- duly passed and adopted, , 'PlanningC-ommisri•on The next item of business was consideration of Planning Application No. 73414 Commission Application No, 73014 submitted by Mork, & (Mork &_ Associates) Associates. The item was introduced by the City Man - ages, The Director of Planning and Inspection reviewed"'. the Planning Commission deliberation of the application . as reflected in the June 7, 1973 minutes, The Director of Planning and Inspection then presented, the plans for the 48 -unit family- oriented apartment project for a site at 67th and Emerson Avenues North, He explained that the site was divided by Emerson Avenue North and that a 26 -unit building was proposed.. for a 1, 67 acre parcel (Building #1) and that a 22 -unit building was proposed for a 1, 3 7 acre parcel (Building' #2) . He stated that the plans before the Council were only - those which were reviewed and passed upon by the Planning Commission. He stated that Building #1 was. designed to contain twelve 3 bedroom apartments and -.. -- fourteen 2 bedroom apartments; and Building #2 was designed to contain three 3 bedroom apartments and nineteen 2 bedroom apartments, He commented that - density calculations indicated a deficiency of 332 square - _ feet for Building #1, and a deficiency of 359 square feet, for Building #2. He also commented that the parking fore Building #1 was deficient. The Director of Planning and Inspection also stated that;, - - at the time of the Planning Commission review of the - plans, the Building Inspector had indicated a number of - - ~ significant building code deficiencies. Among other things there was a lack of a wet standpipe fire extin - quishing system and deficiencies in certain aspects of wall and floor ceiling construction. He said the appli --" cant was well aware of these deficiencies prior to the -3- 7 -9 -73 Planning Commission meeting and had chosen not to submit plans reflecting the necessary revisions. Mayor Cohe -I then recognized Mr. G. Thomas Mork and Mr. Dempsey Mork. G. Thomas Mork stated that the project had been approved by federal authorities as to guaranteed financing under the FHA 236 Housing Program. He stated that he was disturbed by the Planning Commission's feeling that the plans did not meet with the spirit of the City's zoning ordinance and planning policies". Mr. fork commented that in an effort to comply with the City's requirements a number of additional amenities were now being proposed for the site, including addi- tional storage, parking and landscaping. He also stated that the number of 3 bedroom apartments had been re- duced, therefore, lowering the density. Relative to the potential number of children in t "2 pro- ject, he stated that the impact would be minimal in that the project was intended to serve Brooklyn Center families who were among the more than 1500 in the City who qualified for 3 bedroom apartment units. He also stated that provisions had been made for professional management of the complex per Department of Housing and Urban Deveiopment requirements. Mr. Dempsey Mork commented as to the ealier Metro - politan Council review of the concept and noted the determination that the project conformed with the Metro- politan Comprehensive Plan, area -wide housing needs, and the demands for such housing in the local market. He stated that the Metropolitan Council had deemed the project representative of sound land use planning. Regarding the Planning Commis lon's concern as to an excessive number of 3 bedroom units, he noted that a recent "census study" indicated a need for more 3 bed- room units in the City. He said Brooklyn Center had a large number of low to moderate income families and that this project was intended fcr minorities, handi- capped, welfare recipients, and handicapped veterans within the community. Mr. Mork asserted that revisions reflecting the concerns of the City as noted at the Planning Commission had bee. submitted after the Planning Commission meeting on June 22, 1973. Mayor Cohen then stated neighboring property owners had been notified of the meeting and he opened the meeting to comments from the property owners of 671 6701, 6719, 6731, 6724 Dupont Avenue North and the residents of 6813, 6824 Emerson Avenue North. Concerns voiced by the neighboring property owners included: the increasing number of apartments being built in the City; the impact of a large number of childrer. on the area, noting the need for effective storage and open area; the rationale of the applicant's contention that the project would be occupied by families currently living in the City; the seeming high density of the pro- ject; and, the relationship of the project to the spirit of the community's planning and provision for a quality living environment. -4- 7 -9 -73 The Mayor then recognized Mr. G. Thomas Mork who responded stating that the applicant was attempting to meet the spirit of the City's zoning ordinance and he re- emphasized the fact that revised `plans `had' been sub - mitted to the City on June 22, 1973 (after the Planning Commission meeting) . He noted again the various amenities which had been provided and he stated that the project was now in compliance with all code and ordinance requirements. Mr. Mork also noted the need for such apartments in the area and stated this project was specifically de- signed to serve the people of Brooklyn Center, particu- larly at the low to moderate income level. Mr. Dempsey Mork explained that the applicant needed approval of the project immediately in that the federal commitment as to guaranteed financing expired on July 11. Mayor Cohen stated that if there were no further comments from the applicant or the neighboring property owners, the public hearing would be closed and the Council would proceed with its deliberation. Motion by Councilman Leary, seconded by Councilman Britts to close the public hearing. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts and Fignar. Voting against: none. Motion passed. Mr. Mork then called for a point of order and Mayor Cohen ruled that ample time had been provided for comments by the developer and the public. The Mayor then recognized Planning Commission Chair - man Robert Jensen. Mr. Jensen commented that at the applicant's insistence the site and building plans be- fore the Council had been brought to the Planning Commission's regular meeting on June 7, 1973 and were reviewed. He stated that the Commission's recommen- dation for denial was based upon the plans as presenter": Mr. Jensen stated that he had noted with concern cer- tain accusations made by the applicant in a story published by the Brooklyn Center Post on June 28, 1973. He stated the applicant had .introduced a "social question" and had made numerous, unfounded claims that the Commission's recommendation had been based upon factors other than the site and building plans. He stated this appeared to be an attempt by the applicant to throw up a "smoke screen" to cover the fact that the developer's primary concern was economic and not one of social benevolence. He recalled the long - standing City concern to assure quality housing for all residents and noted the con - sistency of this policy with HUD requirements. He stated that in the opinion of the Commission the applicant's specific plans failed to meet the standards for such quality housing as well as certain significant ordinance and building code requirements. Mr. Jensen concluded that it should be a matter of record that the applicant's contentions as to the basis for the Planning Commission's recommendation were, -5- 7 -9 -73 unfounded, unjust and a blatant attempt to cover over with irrelevant social issues the factual basis .for the Commission's action. Mayor Cohen then asked the City Manager to comment as to the staff participation in the processing of the subject application. The Cicy Manager reviewed the chronology of events comprising the City's awareness of the project, dating from a telephone communication received in early 1972 from the local office of Housing and Urban Development, to the applicant's application for site and building plan approval on May 9, 1973. lie emphasized at various points in the chronology the developer's failure to contact and work and work with the City staff in the development of the proposal, choosing instead to sub - mit an inflexible, though code deficient, proposal on an "approve it or else" basis. The Manager offered comments contrasting the experience with the present application to the procedures followed regarding the planning and development of the low and moderate in- come apartment project south of City Hall and the various "23�" single family projects throughout the City. He noted in the case of the high -rise apartment project there had been extensive preliminary discussion and cooperation on the part of that developer. He deplored the contemptible tactics exercised by the developer since the Planning Commission meeting, as reflected in recent coverage by local and area media, consisting of coercion, intimidation, legal threats, name calling, distortion and enwrapment in a cloak of social cause apparently designed to disguise and ad- vance the developer's deficient proposal. The City Manager then revi.c.ved the general circum- stances surrounding the revie of the application by the staff, stating that the zoning ordinance and building code deficiencies had been discussed with the appli- cant for several weeks prior to the Planning Commission meeting. He stated the applicant had balked at revising plans to comply with the various requirements, until after the °larning Commission meeting. He noted that the purported revisions which the applicant had alluded to were delivered to City Hall two weeks after the Planning Commission meeting. He stated that communi- cation with the applicant indicated an advocacy of a bargaining attempt regarding code and ordinance require- ments before the Planning Commission and City Council. The City Manager also stated the applicant's public claims as to the social cause involved was entirely in- consistent with the actual minimal and deficient character of the proposed project. He said the code deficiencies and minimal provisions were apparently the direct result of the economic status of the project and suggested that the developer was thereby reflecting contempt for the social cause which he hypocritically espoused. In response to a question by Councilman Britts, the City Manager and Councilman Leary reviewed the history of the zoning of the subject site, as well as the development of the surrounding area. -�- 7 -9 -73 Councilman Fignar inquired as to whether the Planning Commission's recommendation was based on the plans immediately before the Council, and the City Manager responded in the affirmative. The Manager also stated that whereas the applicant asserted he had submitted substantial revisions, the Council should act on plans, reviewed by the Planning Commission unless it was intending a major policy departure. He `explained such a departure would be reflected in the establishment of "bargaining" sessions before the Council which would be held in lieu of staff and Planning Commission review and recommendation. Mr. Dempsey Mork began stating an objection and was ruled out of order by the Mayor. Mr. fork continued to comment and Mayor Cohen`egain ruled the applicant out of order reiterating the format of the meeting, stating that ample opportunity had been afforded the applicant to state his case, and noting that continued disruption would result in the applicant's removal from the Council Chambers. The Mayor then offered comments regarding the history of the City's concern for providing quality housing €or. all people and noted this concern had been incorporated with the community's efforts for planned and orderly community development. He also noted his personal concern and efforts regarding housing problems on the metropolitan level He observed that there had been no citizen or community participation with the present proposal before or during the processing of the preliminary application by the Metropolitan Council and federal authorities. He stated that the attitude of the developer had been one of imposing the project upon the community on a "take it or else" basis and that reaction to the City's normal and established site and building plan review procedures had been to maliciously accuse the City of interference and discrimination. The Mayor cited remarks attributed to the developer as published in local and area media. Mayor Cohen also noted the self-serving inconsistency of the applicant's statements in his federal application and his public comments as compared to the statements which he had made before the Planning Commission and the City Council; the applicant had fraudulently claimed to federal officials that the plans conformed in every respect to the zoning ordinances and codes of the City; the applicant's statements in public hearing that the project was intended for and would' serve current Brooklyn Center residents. Regarding the applicant's charges in the local press, the Mayor stated he took personal exception with them and stated the City did not appreciate being put on trial for issues which were totally fabricated by an anxious developer in his attempt to circumvent established requirements. Motion Directing Following a brief discussion there was a motion by Resolution of Denial of Councilman Leary, 'seconded by Councilman Fignar to Application No. 73014 direct the staff to prepare a resolution denying Planning Commission Application No 73014' submitted' by Mork & Associates summarizing the deficiencies in the plans as -7- 7a,9 -73 presented to the Planning Commission and City Council; and, to present such a resolution at the next meeting. Further Discussion Councilman Britts stated that he deeply regretted the overtones which had been created by the developer as to minorities and the need for housing. He stated that he regretted deeply the references to race as made by the developer in the public press, and he stated he especi- ally regretted the phone calls and other attempts to pressure and influence him in his decision. He stated that he appreciated the neighbors' concerns as to the saturation of apartment complexes and stated he per- sonally felt the City was being over -built with apart- ments. Councilman Britts stated, however, that the final decision must be based upon the plans before the Council. He noted that one factor which he felt was of particular concern was the applicant's failure to indicate the installation of a wet standpipe fire extinguishing sy stem. Councilman Leary noted his concern for the rights of applicants and that, consistent with his efforts to view all applications as objectively as possible, he deemed any statements which had eppeared in local or area media to be of no influence in his decision. He stated his conclusion was based upon the plans which were before the Council. Action Directing Resolution Following further discussion the Mayor called for a Denying Application vote and a motion directing a resolution to deny PlanninW No, 73014 Commission Application Pao. 73014. Voting In favor (Mork & Associates) were: Mayor Cohere Councilman T,aary, Fignar and Britts. Voting against: none. Motion passed. Recess The meeting recessed at 10:20 p.m. and resumed at 10:45 p.m. Application No. 73015 The City Manager then introduced a draft resolution and Related Resolution approving Planning Commission Application No. 73015, which had been developed in accordance with City Council directions of June la. A brief discussion ensued and Councilman Britts asked the City Attorney whether consultation had been held with the lawyer of the neighbor who had objected to the subject action. The City Attorney responded in the negative stating that the other attorney had made no effort to contact him after the June 18 Council meeting. R SOLUTION Member John Leary introduced the following resolution NO. 73 -108 and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 73015 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 thereon: Philip Cohen, John Leary, Maurice Britts, and Bill Fignar, and the following voted against the same: none, where- - upon said resolution was declared duly passed and adopted. -8- 7 -9 -73 Application No. 73018 The next item of business was consideration of Planning (B. C. I. P) Commission Application No. 73018 submitted by B. C. I. P . , Inc. The iterz was introduced by the Director of Planning and Inspection who read the minutes of the Planning Commission meeting of June 7, 1973. He stated the applicant was seeking site and building plan approval for a 127,176 square foot industrial building. He stated that this would be the fifth such structure in the Industrial Park, and that the proposed nine acre site was easterly of the recently completed "Spec Building #4" . Mayor Cohen recognized Mr. Stephen Krogness who represented the applicant and an extensive discussion ensued regarding the berming indicated on this plan and that which had been installed on other sites. .Action Approving Following further discussion there was a motion by Application No. 73018 Councilman Fignar, seconded by Councilman Britts to (P . C. I. P) approve Planning Commission Application No. 73018 submitted by B. C. I. P. subject to the following conditions: 1. The exterior finish and color of the building shall be harmonious so to blend in with the overall neighborhood. 2. Plan approval is exclusive of all signery and no signery shall be installed on the 69th Avenue side until approved by the City Council. 3. All exterior lighting shall be of such design so to be directed away from the residential areas northerly of the site. 4. There shall be no access point onto 69th Avenue North. S. Building plans are subject to the approval of the Building Inspector with respect to applic- able building codes. 6. Drainage and utility plans, including berming specifications, are subject to the approval of the City Engineer prior to the issuance of a building permit. 7. A performance bond and a performance agree- ment (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the approved plans. 8. The proposed trees near the screening wall at the northeast corner of the site shall be coordinated with said wall to provide for max- imum screening of the driveway. Voting in favor were: Mayor Cohen, Councilmen Fignar, Britts, and Leary. Voting against: none. Motion passed. -9- 7 -9 -73 Reconsideration of The next item of business was consideration of Planning Application Nc. 73016 Commission Application No. 73016 submitted by Super - (Superam.eric:,, Inc.) america, Inc, and which had been reviewed at the June 18 City Council meeting. The City Manager stated that he had reviewed the original site plans and that there was no record of approval of display cases on the pump islands. The Mayor recognized Mr. Boline who represented the applicant and an extensive discussion ensued. The City Manager noted that, while the application repre- sented a proposed amendment to the original site and building plans, there was a 9 foot deficiency in the setback from 57th Avenue North with respect to the proposed prefabricated building to be located on the pump island, and he noted that approval of the instant application would constitute granting a variance for that deficiency. He explained that tha setback deficiency was not the only concern of the Planning Commission, which had also deliberated the issue of absorbing more of what little "open space" there was on the sits. In further discussion Mr. Boline stated that merchandis- ing at the store had increased substantially since the original plans were approved, and that the proposed building was intended to offer shelter to attendants a E well as to provide an auxiliary cash transaction center to facilitate customer purchases. Councilman Leary noted his concern with ramifications upon the available parking on the site. In response to a question about the parking, the City Manager explained that conceivably the registering of purchases could be transferred to file proposed building, thus freeing some of the space in the main building to further merchandising; consequently, a shortage of parking for customers shopping in the main store would be accentuated. Councilman Britts stated that he could see the need for such a building to afford protection for attendants. Councilman Fignar stated he agreed, and than if there were some assurance that greater demand on parking space would not be made and a variance for the setback deficiency were sought, he would tend to favor the proposal. Councilman BrVets stated he appreciated the Planning Commission's concern and did not want to proceed to approve a variance via other action, namely, an amend.- ment to the site plans. He commented, however, that if the application were for a variance he would tend to be in favor of it. The City Manager responded with doubt as to whether the variance standards could be met in this case. .Action Denying Following further discussion there was a motion by Application No. 73016 Councilman Leary, seconded by Councilman Britts to (Superamerica, Inc.) deny Planning Commission Application No. 73016 sub- mitted by Superamerica , Inc., noting the deficiency in the setback of the proposed structure on the center pump island from 57th Avenue North. Voting in favor were: 10- 7 -9 -73 I Mayor Cohen, Councilmen Leary, Britts, and Fignar. Voting against: none. Motion passed. Application No. 73020 The next item of business was consideration of Planning. (Kraus - Anderson for Commission Application No. 73020 submitted by Kraus- , M-Donald's) Anderson of St. Paul Co. The item was introduced by the Director of Planning and Inspection who stated the applicant was seeking site and building plan approval for a 114 seat McDonald's Restaurant to be located on a site at 5525 Xerxes Avenue North' in the Brookdale perimeter, southerly of Midwest Federal Savings. He read tha minutes of the July 5, 1973 Planning Commission meeting and noted the Commission's concer'! regarding landscaping specifications, additional land- scaping, and the provision for a registered lard survey of the area. Mayor Cohen recognized Mr. Jack Rice who represent .�td the applicant and the Dayton Hudson Corporation, and an extensive discussion ensued. The Director of Planning and Inspection stated that Mr. Rice had pre- sented two letters to the City: one.noting that Dayton Hudson would be undertaking a registered land survey of the area; and the other indicating that landscaping amendments as proposed by the Planning Commission, as well as dimensions as determined by the staff, were satisfactory to the applicant. The Director of Planning and Inspection furher commented that the parking e; ceeded ordinance require- ments and he pointed out the various landscaping amend ments and dimensions which had been indicated by the staff on the submitted plans. Mr. Rice commented that the applicant accepted the recommendation. Action Approving Following further discussion there was a motion by Application No. 73020 Councilman Fignar, seconded by Councilman Britts to (Kraus Anderson for approve Planning Commission Application No. 73020 McDonaid's) submitted by Kraus- Anderson of St. Paul Go. subject to the following conditions: 1. Building plans are subject to approva'I by th.P Building Inspector with respect to applicable building codes, prior to the issuance of permits. 2. Drainage, grading and utility plans are subject to the approval of the City Engineer prior "to the issuance of permits. 3. A performance agreement and financial- gudh -_in -- tee (in an amount to be determined by the City Manager) shall be submitted to the City to assure the installation of site improvements as shown on the approved plans. 4. Plan approval is exclusive of all signory, and the decorative timbers on the roof as indicated by the submitted plans shall not be internally illuminated. -I1- 7 -9 -73 5. Walkways extending from the front of the building shall intersect with the public walkway along Xerxes Avenue. 6. A traffic ingress and egress control system shall be developed with and approved by the City Engineer. 7. Landscaping of the site shall be per the specie and dimensions as indicated on the approved site plan. 8. The trash disposal area shall be enclosed utilizing structural materials which are com- patible with the main building. Voting in favor were: Mayor Cohen, Councilmen Britts, Leary, and Fignar. Voting against: none. Motion passed. RESOLUTION Member John Leary introduced the following resolution 110. 73 -109 and moved its adoption: RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF C . S .A . H . NO'S 10 & 57 AT THE INTERSECTIONS OF XERXES AVENUE NORTH, NORTHWAY DRIVE, AND LOGAN AVENUE NORTH 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, John Leary, Maurice Britts, and Bill Fignar; 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. 73 -110 and moved its adoption: RESOLUTION OF INTENT TO COMPLETE ROADWAY CONSTRUCTION OF SHINGLE CREEK PARKWAY FROM 67TH AVENUE NORTH TO THE SOUTHERLY EXTENSION OF THE EAST PROPERTY LINE OF TRACT A, R. L. S. NO. 1274 The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 73 -111 tion and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1973 -D) 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, John Leary, Maurice Britts, and Bill Fignar; and the following voted against the same: -12- 7 -9 -73 none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution NO. 73 -112 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1973 -E) The motion for the adoption of the foregoing resolution_ was duly seconded by member Bill Fignar, and upon vol being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resol»- NO. 73 -113 tion and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY') 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, John Leary, Maurice Britts, and Bill Fignar; and the follcwing voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution NO. 73 -114 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY THE 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, John Leary, Maurice Britts, and Bill Fignar; 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. 73 -115 and moved its adoption: RESOLUTION AMENDING WALKWAY NETWORK PLAN The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution NO. 73 -116 and moved its adoption: RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECTS NO. 1973 -20, 1973 -21, 1973 -22, 1973 -23, 1973 -24, 1973 -25, 1973 -26, 1973 -27, 1973 -28, 1973 -29, & 1973 -30, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS -13- 7 -9 -73 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, John Leary, Maurice Britts, and Bill. Fignar; and the following voted against the same: none, - whereupon said resolution was declared duly passed and adopted. Discussion o{ Certain The City Manager submitted a draft resolution recom- Wagk -aay Projects mended for the purpose of authorizing the seeking of bids for sidewalk contract No. 1973 -F, which consists of the remaining sidewalk projects authorized for con - struction in 1973. An extensive discussion ensued regarding Project No. 1972 -14 (sidewalk installation along portions of 69th Avenue North) . The Director of Public Works offered comments as to that project, as well as responding to inquiries from Councilman Britts relative to proposed Project No. 1973 -25. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73-117 and moved its adoption. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK IMPROVEMENT PROJECTS NO. 1972 -14, 1973 -20 1973 -21, 1973 -22 1973 -23, 1973 -24, 1973 - 25, 1973 -26, 1973 -27, 1973 -28, 19 ?3 -29 & 1973 -30, AND DIRECTING IX;ERT ISEDAENT FOR BIDS (CONTRACT 1973 -F) The motion for the adoption of the foregoing resolution was duly seconded by member J ohn Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, and Bill Fignar: and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDRIWANC- E Member Bill Fignar introduced the following ordinance NO. 73 -10 and moved its adoption: AN ORDINAPTCE AMENDING CHAPTER 2 OC THE CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 2 of the City Charter is amended as follows: Section 2.05. VACANCIES IN THE COUNCIL. The office of Mayor or Councilman shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office. The Mayor or Councilman shall forfeit his office if he (1) lacks at any time during his term of office any qualification for the office prescribed by this charter or by law, (2) violates any express prohibition of this charter, (3) is convicted of a crime involving moral turpitude, or (4) fails to attend three consecutive regular meetings of the Council without being excused by the Council. A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within rsixty (60)1 one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until -14- ' F r- the person elected to serve the remainder of the une_­ pired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the election authorities shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days and not later than one hundred and twenty (120) days following the occurrence of the vacancy and to be other- wise governed by the provisions of Section 4.03, speciea? elections. The quorum of the Council consists of three (3) members; if at any time the membership of the Council is reduced to less than three (3) the remaining members may by unanimous action appoint additional members to raise the membership to three (3) . Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. [which may be amended only by a four - fifths vote of the Council; but shall not be increased during the current term of office of the Councilmen. or Mayor at the tirno oi enactment of such ordinance] No ch in salary shal take effect until the January 1 following the next suc- ceeding general municipal electio The City Manage: and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. Section 2: This ordinance shall become effective after adoption and upon ninety (90) days following its legal publication. Adopted this 9th day of July, 1973. The motion for the adoption of the foregoing ordinance was duly seconded by member john Leary; and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Brio:, and Bill Fignar; and the fol oWtig voted against the same: none, whereupon said ordinance was declared duly passed and adopted. ORDINANCE Member John Leary introduced the following ordinance NO. 73 -11 and moved its adoption. AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CO2PORATION, ITS SUCCESS ORS AND ASSIGNS PERMISSION TO CONSTRUCT, OPER- ATE, REPAIR AND MAINTAIN, IN THE CITY OF BROOYLnTT CENTER, MINNESOTA , AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSI011 LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES; FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS , AND TO USE THE STREETS, ALLEYS, AND PUBLIC WAYS OF SAID CITY FOR SUCH PURPOSES, PRESCRIBING CERTAIN TERMS AND CONDITIONS THERE- OF, AND PRESCRIBING THE RATES TO BE CHARGFD THEREFOR. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice F Britts, and Bill Fignar; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. -15- 7 -9 -73 Ji„cussion of Draft The City Manager submitted a draft ordinance amending ;ordinance Amending Chapter 3 and stated that it was recommended for the Chapter 3 purpose of remedying a mechanical permit fee disparity which had been called to his attention by the Planning and Inspection Department. He explained that under current ordinance provisions the permit fee for installa- tion of a standby fuel system would cost approximately 10 times the amount recommended in the ordinance amendment. He stated in contrast very little inspection effort was required for sech an installation. First Reading of Ordinance Following a brief discussion there was a motion by Amending Chapter 3 Councilman Leary, seconded by Councilman Fignar to offer for first reading an ordinance amending Chapter 3 of the City ordinances. Voting in favor were: Mayor Cohen, Councilmen Leary, Fignar and Britts. Voting against: none. Motion passed. Approval of Licenses Motion by Councilman Leary, seconded by Councilman Britts to approve the following licenses: BINGO LICENSE St. Aiphonsus Church 7025 Halifax Avenue CIGARETTE LICENSE ABC Brookdale Theatre 2501 County Rd. 10 St. Alphonsus Churc�z ?025 Halifax Ave. GARBAGE HAULEP.'S LICENSE Ace Solid Waste Management 3118 - 162 Lane N.W. Atlas Disposal Service 228 Master Street Bergstrom Trucking 6509 - 76th Avenue Boyer Garbage Service 4000 Hamel Road C & D Arneson Route 1, Box 136 Countrywide Sanitation Box 46, Montrose Gallagher's Service, Inc. 9151 Central Ave. N. E.I. Gordon Rendering 1 1 ) NE 14th Street Hilger Transfer Co. 6721 - 59th Ave. N. Oscar Langager 5717 Hampshire Ave. Lightening Service 3 643 Aldrich Ave. Mengelkoch Go. 119 N . E. 14th Street Mpls. Hide & Tallo P. O. Bo:. 2447 Nistler Garbage Removal R. R. #1, Box 34 Robbinsdale Transfer 4004 West Broadway D. Shobe and Sons 3 621 - 85th W & W. Co. 1600 Oregon Ave. Art VVillman and Sons 51 - 28th Ave. Woodlake Sanitary Serv. 228 Master South MECHANICAL SYSTEM LICENSE C entra 1 Air Conditioning and Heating Co. 790 S. Cleveland I Atkins Plumbing & Htg. 909 E. 18th St. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar and Leary. Voting against: none. Motion passed. Comments as to Local In other business Councilman Britts commented as to the Jul; 4 Celebration fireworks display in the City on July 4. He stated while the project had room for improvement, he felt the pro- gram was highly successful as evidenced by the large number of people at the event. He stated that he hoped next year the celebration could be enhanced with per- haps a parade. -16- 7 -9 -73 Action Directing Following a brief discussion there was a motion by Resolutions of Commenda- Councilman Britts, seconded by Councilman Fignar to tion for 4th of July Event direct the preparation of resolutions of commendation for the Brooklyn Center Lions Club, the Brooklyn Center Chamber of Commerce, and Mr. Carl Gross for their efforts in planning, coordinating and executing the 4th of July fireworks program. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar and Leary. Voting against: none. Motion passed. Re- establish Moratorium In other business the Director of Planning and Inspection on Issuance of Special explained that a moratorium on the issuance of special Home Occupation Use home occupation permits had been established for 90 Permita days in February and had since expired. He stated that the Planning Commission was in the process of studying the issue and should be prepared to make a recommenda- tion to the Council by the end of August. He recommend- ed re- establishment of the moratorium. Following a brief discussion there was a motion by Councilman Fignar, seconded by Councilman Leary to re- establish the moratorium on special horde occupation use permits through August 1973. Potting in favor were: Mayor Cohen, Councilmen Leary, Fignar and Britts. Voting agesinst: none. Motion passed. Adiournme;nt Motion by Councilman Fignar, seconded by Councilman Britts to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, and Fignar. Voting against: none. Motion passed. Tha City Council adjourned at 12 :35 a.m. Clerk Mayor -17- 7 -9 -73