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HomeMy WebLinkAbout1973 12-17 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 DECEMBER 17, 1973 . CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :34 p.m. Roll Call Mayor Cohen, Councilmen Leary, Fignar and Kuefler. 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 and Administrative Assistants Daniel Hartman and James Lacina. Subdivision Bond Motion by Councilman Fignar and seconded by Councilman (West River Villa) Kuefler to authorize release of the subdivision bond No. III 125322 for West River Villa in the amount of $13, 000. Voting I in favor were: Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. Subdivision Cash Motion by Councilman Kuefler and seconded by Council - Escrow (Willow man Leary to authorize release of the subdivision cash Lane Manor) escrow for Willow Lane Manor in the amount of $1,500. Voting in favor were: Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. Councilman Britts arrived at 7 :37 p.m. Fire Relief Association The City Manager introduced the next item of business, Investments approval of certain investments by the Brooklyn Center Fire Relief Association. Motion by Councilman Kuefler and seconded by Councilman Fignar to approve the purchase by the Fire Relief Association of $25,000 worth of Government National Mortgage Association investments. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Motion by Councilman Leary and seconded by Council - man Kuefler to approve the purchase by the Fire Relief Association of $25,000 worth of Clark Equipment Credit Corporation investments. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Approval of Minutes Motion by Councilman Fignar and seconded by Council - 11 -20 -73 man Kuefler to approve the minutes of the November 20, 1973 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Approval of Minutes Motion pp ti n b Councilman Kuefler and seconded b , Y Y Council- 12 -3 -73 man Leary to approve the minutes of the December 3, 1973 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. -1- 12 -17 -73 RESOLUTION Member Maurice Britts introduced the following resolution NO. 73- 204, and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF BROOKLYN PARK RELATIVE TO PROVIDING UTILITY SERVICE TO BROOKLYN PARK RESIDENTS ON 73RD AVENUE NORTH BETWEEN WEST RIVER ROAD AND WILLOW LANE 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, Bill Fignar and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Planning Commission The next item of business was consideration of Planning Application No. 73040 Commission Application No. 73040 submitted by the Dayton (Dayton Development Development Company. The item was introduced by the Company) Director of Planning and Inspection who stated the applica- tion was a proposed registered land survey requested by the City intended to update current Registered Land Survey No. 1209, which comprehends much of the western perimeter of the Brookdale complex. He stated the subject area was located between Xerxes Avenue North and Brooklyn Boulevard, from 55th Avenue North to 56th Avenue North, and consisted of 12 tracts. Following a brief discussion there was a motion by Councilman Kuefler and seconded by Councilman Fignar to approve Planning Commission Application No. 73040 sub- mitted by the Dayton Development Company subject to the following conditions: 1. The final plat shall be subject to the require- ments of Chapter 15 of the City ordinances. 2. The final plat shall be subject to review by the City Engineer. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Planning Commission The City Council then considered Planning Commission Application No. 73045 Application No. 73045 submitted by the American Bakeries (American Bakeries Company. The item was introduced by the Director of Company) Planning and Inspection who stated the applicant was seeking approval of site and building plans for an area bakery goods distribution center, including a small thrift store to be located on the south side of 69th Avenue North between June Avenue North and Indiana Avenue North. Mr. Tremere stated that the gross floor area of the proposed structure was approximately 11,000 square feet and the size of the parcel was approximately 1 .2 acres. He stated that because of these dimensions, as well as the current ordinance parking requirements, any future -2- 12 -17 -73 use of the building for retail purposes could not be permitted. He stated that the plans did comprehend adequate parking as required for general commercial purposes. He commented that the facility as primarily an area Y p Y distribution point and sales office, with approximately 500 square feet devoted to a day -old baked goods store. He stated that the bulk of the floor area, however, was intended for the parking, routine maintenance and loading of approximately 24 delivery vehicles Mayor Cohen then recognized Mr. Robert Connell representing the applicant, and a brief discussion ensued. Mr. Tremere stated that substantial screening, including berming, was recommended at the northerly end of the site in particular consideration to the single family residents across 69th Avenue North. Mr. Tremere also noted the concern of the City sanitarian relative to designated holding areas for fresh baked goods which were delivered daily by semi- trailer trucks and held for later loading onto the smaller delivery vehicles. He stated that the sanitarian had indicated that the applicant's food handling license could be jeopardized if inspections by the department discovered racks of baked goods being stored in the open garage area. Mr. Connell stated that the dock area which was separate from the garage was deemed to be more than adequate for their holding needs. Mr. Tremere then commented that Mr. Connell and Mr. john Urbach of the City Sanitarian Department met at City Hall on December 10, 1973 to discuss the possible needs for additional enclosed holding areas. The applicant indicated that the dock area would be expanded but that there was no apparent need for additional enclosed area within the garage portion of the structure. A further discussion ensued relative to the Planning Commission recommendation. Action Approving Motion by Councilman Leary and seconded by Councilman Planning Commission Britts to approve Planning Commission Application No. Application No. 73045 73045 submitted by the American Bakeries Company (American Bakeries subject to the following conditions: Company) 1. Building plans are subject to review by the Building Inspector with respect to applicable building codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review by the City Engineer prior to the issuance of permits. 3. A performance agreement and financial guarantee in an amount to be determined i -3- 12 -17 -73 by the City Manager shall be submitted to assure site improvements as indicated on the approved plans. 4. All exterior lighting shall conform with ordinance requirements and shall be located in such a manner that light will not be directed toward the neighboring residential properties. 5. Approval is exclusive of all signery. 6. A 7 foot walkway easement shall be provided to the City in anticipation of installation of future sidewalk. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Planning Commission The next item of business was Planning Commission Application No. 73044 Application No. 73044 submitted by Ms. Sue Dunkley. (Ms. Sue Dunkley) The item was again introduced by the Director of Planning and Inspection who stated the applicant had recently received a special use permit for a nursery school at the Faith Community Church and that apparently the operation had been successful so to have outgrown those facilities. Mr. Tremere stated that the applicant has applied for a revised license and proposes to open a facility at the Lutheran Church of the Master, 1200 - 69th Avenue North, for approximately 28 children. He further explained that the hours of operation would be five hours per day two days per week, and that the church had authorized the use of the facility to May 1974. He stated that the facility had been inspected by the Fire Chief and Building Inspector whose reports are in the file. He noted that generally the facility meets State and local requirements. Mayor Cohen then recognized Ms. Dunkley and a brief discussion ensued. She stated that the items listed by the inspectors have been taken care of and she briefly explained the nature of the operation. The Mayor then noted that a public hearing had been called for this application and that no one was present. Motion by Councilman Britts and seconded by Councilman Leary to approve Planning Commission Application No. 73044 submitted by Ms. Sue Dunkley subject to the following conditions: 1 . The premises will be brought into compliance with all applicable State and local require- ments as to fire safety, health and building code standards, and such compliance will be documented by the appropriate inspection agencies and submitted to the file prior to the issuance of the special use permit. -4- 12 -17 -73 2. The special use permit shall be for a twelve month period commencing on the date of issue and the operation shall be in accord- ance with the provisions of the applicant's operating license. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts , Fignar and Kuefler. Voting against: none. The motion passed unanimously. Planning Commission The City Council then considered Planning Commission Application No. 73042 Application No. 73042 submitted by Mr. john A. Greenly. (Mr. John A. Greenly) The item was introduced by the Director of Planning and Inspection who stated that the applicant's property is described as Lot 2, Block 4 Twin Lake Woods Addition, which was platted in 1947. He stated that the property had 226 feet frontage on Twin Lake Boulevard and an effective lot depth of 117.5 feet on the north and 183 feet on the south. He further stated the applicant's house was located in the middle of the property and that there was a large inlet lagoon located on the northerly portion. Mr. Tremere explained that in 1966 the applicant proposed dividing the lot into three parcels, Planning Commission Application No. 66045, and the Planning Commission had then recommended denial noting that a two lot division would be acceptable. He stated that the item was not considered by the City Council and that the recommenda- tion for denial was apparently based upon the factors of the inlet lagoon, location of the house, and the size and shape of the lot. Mr. Tremere also noted that the proposed plat compre- hends the creation of a new lot at the southerly end of the property; the new lot line would be 10 feet from the existing house. He stated that while the new lot would have an odd configuration, due to the deviation on the south lot line, the minimum requirements of the sub- division ordinance are met. A brief discussion ensued relative to the location of the west lot line indicated on the proposed plat versus the location of the actual shore line. Mr. Tremere noted that the proposed west property line lies westerly of the current platted line. He stated that he had discussed this difference with the applicant and had recommended that legal action be taken to extend the lot line of the property from that indicated on the current plat to that which is proposed. Action Approving Motion by Councilman Kuefler and seconded by Council - Planning Commission man Fignar to approve Planning Commission Application Application No. 73042 No. 73042 submitted by Mr. John A. Greenly subject to (Mr. John A. Greenly) the following conditions: 1 . Approval comprehends the westerly property line as that recognized on the current Twin -5- 12 -17 -73 Lake Woods Addition plat. 2. The final plat shall be subject to review by the City Engineer. 3. The final plat shall be subject to the require - ments of Chapter 15 of the City ordinances. 4. Approval acknowledges the odd shape of the parcel, but in no way implies or grants any variances relative to future construction. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts , Fignar and Kuefler. Voting against: none. The motion passed unanimously. Amendment to The next item of business was consideration of an amend- Planning Commission ment to Planning Commission Application No. 73037 Application No. 73037 submitted by the Brooklyn Center Industrial Park. The (Brooklyn Center item was again introduced by the Director of Planning and Industrial Park) Inspection who stated the applicant was seeking approval of amended building plans which comprehended the lowering of the roof of the north wing of Speculative Building No. 6 from 22 feet to 16 feet. He stated that the height of the south wing would remain the same. He noted the applicant's intent was to provide tenant areas of a smaller volume, that is, there would be no provision for future upper level, mezzanine, expansion as in the standard tenant area. Mr. Tremere also noted the foundation for both wings had been set in place and the width of the north wing, by approved design, consists of three bays, as compared to four bays in the south wing. A brief discussion ensued with Mr. Tremere reviewing a rendering of the elevations of the Speculative Buildings along 69th Avenue North. Motion by Councilman Fignar and seconded by Council - man Leary to approve the proposed amendment to the building plans approved under Planning Commission Application No. 73037 submitted by the Brooklyn Center Industrial Park. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Planning Commission The next item considered was Planning Commission Application No. 73039 Application No. 73039 submitted by the LaPepiniere (LaPepiniere Montessori Montessori School, Inc. The item was introduced by School, Inc.) the Director of Planning and Inspection who stated that the facility had been in operation for some time and came to the City's attention when the State requested fire and safety inspections. He commented that the premises of the Lutheran Church of the Triune God, 5827 Humboldt Avenue North, was inspected by the Fire Chief and Building Inspector and the applicant was informed that a special use permit was required. -6- 12 -17 -73 I Mayor Cohen then noted that a public hearing had been called for this application and that no one was present. A discussion ensued relative to certain code deficiencies which had been noted by the inspectors Mr. Tremere noted that the current State license for the facility would be issued upon approval of the facility by local authorities. Motion by Councilman Kuefler and seconded by Councilman Fignar to approve Planning Commission Application No. 73039 submitted by the LaPepiniere Montessori School, Inc. subject to the following conditions: 1 . The premise will be brought into compliance with all applicable State and local regulations as to fire safety, health and building code standards and such compliance will be documented by the appropriate inspection agencies and submitted to the file prior to the issuance of the special use permit. 2. The special use permit shall be for a twelve month period commencing on the date of issue and the operation shall be in accord- ance with the provisions of the applicant's operating license. 3. The operation shall be limited to no more than 29 persons, per session held on the premises. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Planning Commission The next item of business was consideration of Planning Application No. 73041 Commission Application No. 73041 submitted by the (North Brook Nursery North Brook Nursery School. The item was again. intro- School) duced by the Director of Planning and Inspection who stated that the relatively large facility comprehending an approximate total of 140 children at staggered sessions had been in existence for some time at the North Brook Alliance Church, 6240 Aldrich Avenue North. He stated that the inspection department had been requested by the State to check the facilities in October, and the applicant had been informed of certain code deficiencies, as well as the requirement for a special use permit. Mr. Tremere then commented that generally the facility was well designed for the proposed use. He stated, however, that there were a number of code safety require- ments which must be met and that these have been noted in the report submitted by the Fire Chief and the Building Inspector. He commented as to the deficiencies noted by the inspectors and also noted that a copy of the State license which had been placed on file had expired in October. He explained that a new license would be issued upon con - firmation by local authorities as to the compliance with various safety requirements. I -7- 12 -17 -73 The Mayor then noted that a public hearing had been called for this application and that no one was present. Motion by Councilman Britts and seconded by Councilman Leary to approve Planning Commission Application No. 73041 submitted by the North Brook Nursery School subject to the following conditions: 1 . The premises will be brought into compli- ance with all applicable State and local regulations as to fire safety, health and building code standards, and such com- pliance will be documented by the appropriate inspection agencies and submitted to the file prior to the issuance of the special use permit. 2. The special use permit shall be for a twelve month period commencing on the date of issue and the operation shall be in accord- ance with the provisions of the applicant's operating license. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Renewal of Special Councilman Britts commented to the possibility of Use Permits charging a fee for renewal of special use permits. He noted that in many cases special use permits are issued for a twelve month period and that a fee should at least cover the re- inspection costs of the premises. Final Plat Approval The City Manager then explained that the Dayton (Dayton Development Development Company had prepared the hard shells Company) required for final plat approval under Planning Commis- sion Application No. 73040. Motion by Councilman Leary and seconded by Councilman Britts to approve the final plat for the parcel of land currently described as Registered Land Survey No. 1209 subject to the following conditions: 1 . The R.L.S. is subject to the requirements of Chapter 15 of the City ordinances. 2. The R.L.S. is subject to review by the City Engineer. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Recess The City Council recessed at 9 :00 p.m. and resumed at 9:30 p.m. Renewal of the The City Manager introduced the next item of business, Holiday Inn On -Sale the renewals for the intoxicating and non - intoxicating Intoxicating Liquor liquor licenses. He reviewed the Holiday Inn operation License in terms of its on -sale intoxicating liquor license. He -8- 12 -17 -73 stated that the police have received 65 calls to the Holiday Inn, 12 of which were in the bar area. He commented that one of the calls had caused a serious breach in the relationship between the City and the management of the Holiday Inn. He continued by stating that the situation has been tentatively resolved at this point. He reminded that the City Council has been made fully aware of the situation and recommended approval of the renewal of the Holiday Inn on -sale intoxicating liquor license for 1974 on the basis of management assurance to attend to deficiencies. A discussion ensued relative to the situation and the events that have occurred. The City Council then reviewed the information required for renewal of an on -sale intoxicating liquor license. It was noted that there were no organizational changes in 1973 to affect the Holiday Inn application. Motion by Councilman Britts and seconded by Council- man Leary to approve the 1974 renewal of the Holiday Inn on -sale intoxicating liquor license noting that the situation surrounding the breach in the relationship between the City and the management of the Holiday Inn has apparently been settled at this time. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Renewal of the The City Manager introduced for renewal the Nino's Nino's Steak Roundup Steak Roundup on -sale intoxicating liquor license. He On -Sale Intoxicating noted that the police have received 12 calls to the Liquor License premises and that the police have had good cooperation with the Nino's Steak Roundup management. He stated that there had been a misunderstanding regarding the closing time for the operation but that this has been resolved between the police department and the manage- ment. The City Manager stated his recommendation to approve the renewal of the on -sale intoxicating liquor license for 1974. The City Council reviewed the information provided for the renewal of the Nino's Steak Roundup on -sale intoxicating liquor license. Motion by Councilman Fignar and seconded by Council - man Britts to approve the 1974 renewal of the Nino's Steak Roundup on -sale intoxicating liquor license. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Renewal of the The City Manager presented the next liquor license for Duoos Brothers renewal, that of the Duoos Brothers American Legion American Legion on -sale club intoxicating liquor license. He recommended On -Sale Club that the liquor license be renewed for 1974. Intoxicating Liquor License -9- 12 -17 -73 The City Manager stated that the management of the American Legion has changed in the past few years and the new management must be commended for their excellent operation. The City Council then reviewed the information required for the renewal of the on -sale club intoxicating liquor license. Motion by Councilman Kuefler and seconded by Council - man Fignar to approve the 1974 renewal of the Duoos Brothers American Legion on -sale club intoxicating liquor license. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Renewal of the The City Manager then stated that of the on -sale non - Chuck Wagon Inn intoxicating liquor licenses the only one that has given On -Sale Non- the police department problems in the past year has been Intoxicating Liquor the Chuck Wagon Inn. He stated that the Chuch Wagon License Inn is an active operation and that the management seemed to misunderstand terms of the closing time. He stated that the misunderstanding has been rectified. Motion by Councilman Britts and seconded by Council- man Kuefler to approve the 1974 renewal of the Chuck Wagon Inn on -sale non - intoxicating liquor license. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Licenses The City Manager stated that the remaining non- intoxi- Y g g cating liquor license could be approved along with the other licenses before the City Council. He reminded that background information has been provided the City Council for the Two Romans operation, Taco Towne, Beacon Bowl, Lynbrook Bowl and the Mr. D's Restaurant. The City Council then considered the licenses. It was noted that Standard Solvents has requested the approval of a bulk license for the storage of petroleum derivatives above ground at their facility. The City Manager stated that the staff has been in communication with Standard Solvents for some time to move the storage underground and pave over their site as indicated on their approved site and building plans. It was his recommendation that the Standard Solvents license not be approved at this time. Motion by Councilman Kuefler and seconded by Council - man Fignar to approve the following licenses: BENCH LICENSE United States Bench Corp. 3300 Snelling Ave. BOWLING ALLEY LICENSE Beacon Bowl 6525 Lyndale Ave. Lynbrook Bowl 6357 N. Lilac Dr. CHRISTMAS TREE SALES LICENSE Northside Y's Men 3300 Penn Ave. No. -10- 12 -17 -73 CIGARETTE LICENSE Al's Freeway Y 6545 Lyndale Ave. Beacon Bowl 6525 Lyndale Ave. Brookdale Mobil Service 5710 Xerxes Ave. Brookdale Shell 1505 - 69th Ave. Burger Kin 6110 Brooklyn Blvd. g g Y Chuck Wagon Inn 5720 Morgan Ave. Country Club Market 5715 Morgan Ave. Dayton's Service Station Brookdale Center Duke's Standard Service 6600 Lyndale Ave. R. E. Fritz 8039 Lewis Road Dayton's Brookdale LaCrosse Dairy 5845 Lyndale Ave. John Legierski 4601 81 st Ave. Brooklyn Center "66" Lynbrook Bowl 6357 N. Lilac Dr. Nino's Steak Roundup 6040 Earle Brown Dr. Service Systems Corp. Soo Line Building N.W. Bell 5 910 Shingle Creek Pkwy. Servomation 4301 - 68th Ave. Brookdale Pontiac 6801 Brooklyn Blvd. Donaldson's Brookdale Center Iten Chevrolet 6701 Brooklyn Blvd. J. C. Penney's Brookdale Center State Farm Insurance 5930 Shingle Creek Pkwy. Velie Oldsmobile 6700 Brooklyn Blvd. Shopper's City 3600 - 63rd Ave. Two Roman Steak Villa 5532 Brooklyn Blvd. Uncle John's Rest. 5915 John Martin Dr. Brookdale Towers 5 910 Brooklyn Blvd. GASOLINE SERVICE STATION LICENSE Belt Line Service 5001 Drew Ave. Brookdale Mobile Service 5710 Xerxes Ave. Brookdale Shell Service 1505 - 69th Ave. Brooklyn Center Service 6850 Brooklyn Blvd. Brooklyn Center Shell 6245 Brooklyn Blvd. Dayton's Service Station Brookdale Center Duke's Standard Service 6600 Lyndale Ave. Interstate Service 6548 Lyndale Ave. Sears Roebuck and Co. 1297 Brookdale Shopper's City 3600 - 63rd Ave. NON- PERISHABLE FOOD VENDING MACHINE LICENSE Al's Freeway 6545 Lyndale Ave. NURSING HOME LICENSE Maranatha Conservative Home 5401 - 69th Ave. "OFF- SALE" NON - INTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Ave. Chuck Wagon Inn 5720 Morgan Ave. Country Club Market 5715 Morgan Ave. LaCrosse Dairy Store 5845 Lyndale Ave. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Shopper's City 3600 - 63rd Ave. -11- 12 -17 -73 "ON-SALE" NON - INTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Ave. Lynbrook Bowl 6357 N. Lilac Dr. Mr. D's 6800 Humboldt Ave. Taco Towne 6219 Brooklyn Blvd. Two Roman 5532 Brooklyn Blvd. POOL /BILLIARD LICENSE Lynbrook Bowl, Inc. 6357 N. Lilac Dr. PUBLIC DANCE LICENSE Chuck Wagon Inn 5720 Morgan Ave. Nino's Steak Roundup 6040 Earle Brown Dr. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Action Requiring Motion by Councilman Fignar and seconded by Council- Standard Solvents man Britts to request Standard Solvents appear before Appearance Before the City Council and explain why they have not complied the City Council with their approved site and building plans. It was noted in the motion that the bulk storage license will continue for 45 days until Standard Solvents meets with the City Council. Voting in favor were: Mayor Cohen, Council - men Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Renewal of the Sunday Motion by Councilman Leary and seconded by Council- On -Sale Intoxicating man Britts to approve the 1974 renewal of the Sunday Liquor Licenses for on -sale intoxicating liquor licenses for Holiday Inn and Holiday Inn and Nino's Nino's Steak Roundup. Voting in favor were: Mayor Steak Roundup Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Ordinance Amendment The City Manager next introduced an ordinance to Chapter 35 amendment to Chapter 35 of the City ordinances. He (Special Use in the stated that the amendment is relative to a special use I -1 Zone) permit for commercial development in the I -1 industrial park zone. He stated that the ordinance was first read on November 20, 1973, published on November 29, 1973 and is offered for second reading and adoption. Councilman Kuefler spoke against the ordinance stating that he objected to the inclusion of certain retail uses in the I -1 zone. ORDINANCE Member John Leary introduced the following ordinance NO. 73 -22 and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO COMMERCIAL DEVELOPMENT IN THE I -1 (INDUSTRIAL PARK) DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: , Section 35 -330 of the City Ordinance is hereby amended by the addition of the following: -12- 12 -17 -73 3. Special Uses (f) Those commercial developments which, in each specific case, are demonstrated to the City Council to be: (1) Compatible with existing adjacent land uses as well as with those uses permitted in the I -1 District generally; (2) Complementary to existing_ adjacent land uses as well as to those uses permitted in the I -1 District generally; (3) Of comparable intensity to per - mitted I -1 District land uses with respect to activity levels; and, which are described in Section 35 -322, Subsections 1 (b); 1 (c) items (3) and (4); 3 (d); and 3 (g) through 3 0). Such commer- cial developments shall be subject to I -1 District requirements of Sections 35 -400 and 35 -413 and shall otherwise be subject to the ordinance requirements of the use classification which the proposed develo2- ment represents. Section 2: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 17th day of December, 1973. 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 Britts and Bill Fignar; and the following voted against the same: Tony Kuefler; whereupon said ordinance was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -205 and moved .its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND AND THE CAPITAL PROJECTS FUND 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, John Leary, Maurice Britts , Bill Fignar and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -13- 12 -17 -73 RESOLUTION Member Maurice Britts introduced the following resolution NO. 73 -206 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 John Leary, and upon vote''' being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts , Bill Fignar and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Flood Plain The City Manager introduced the next item of business on Regulations the agenda, a discussion dealing with flood plain regula- tions. He stated that the federal government now provides flood plain insurance which requires local governments to develop certain procedures by which the insurance is then made available to residents of a community. He further stated that the 1971 Minnesota Legislature adopted certain requirements for municipalities to comply with the federal regulations. A discussion ensued relative to the flood plain insurance concept and the required participation by local governments to fulfill the federal regulations . Report on the The City Manager then briefed the City Council on the SAC Law Suit status of the SAC law suit. A brief discussion ensued with the City Manager commenting that the court had ruled to allow the Metropolitan Sewer Board the right to recover those SAC charges held by municipalities in escrow until the court case has been dissolved. The City Manager also commented that the District Court has interpreted the enabling legislation which created the Metropolitan Sanitary Sewer District as giving the Board broad discretion in terms of funding their activities. Salary Consideration The City Manager next referred to a proposed resolution for 1974 containing wage and salary recommendations for 1974. An extended discussion ensued relative to the recommenda- tions, certain features of the position classification plan, and related job performances. Following Council consensus on certain modifications to the recommendations member John Leary introduced the following resolution and moved its adoption: RESOLUTION RESOLUTION SETTING WAGES AND SALARIES FOR THE NO. 73 -207 YEAR 1974 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 , Bill Fignar and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -14- 12 -17 -73 Abolishment of the Upon the recommendation of the City Manager and Police Clerk -Steno consistent with the previously adopted resolution, Position Councilman Bill Fignar moved and Councilman Tony Kuefler seconded to abolish the obsolete position of police clerk -steno effective December 31, 1973. Further, if the incumbent clerk -steno is appointed to the created clerk- dispatcher position, the City Manager is authorized to continue the incumbent's $882 per month salary until parity is reached with clerk- dispatcher salary grade G in the future. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Authorization to Motion by Councilman Kuefler and seconded by Council- Retain Labor Relations man Leary to authorize the City Manager to retain the Associates, Inc. firm of Labor Relations Associates, Inc. , also known as Smythe - Obermeyer Associates, to represent manage - j ment's interests in the Brooklyn Center Police Association labor arbitration matter. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. United Farm Workers The City Manager then briefed Council members on Union Boycott of contacts made with the United Farm Workers Union Grape Products regarding the Union boycott of grape products. i Adjournment Motion by Councilman Britts and seconded by Council - man Fignar to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none The motion passed unanimously. The Brooklyn Center City Council meeting adjourned at 1:00 a.m. C erk Mayor -15- 12 -17 -73