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HomeMy WebLinkAbout1973 08-20 CCM Regular Session r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 20, 1973 CITY HALL Call to Order The City Council met in regular session and was called to order at 7:35 p.m. by Mayor Philip Cohen. 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, Chief of Police Thomas O'Hehir and Adminis- trative Assistants Daniel Hartman and James Lacina. Approval of the minutes of the August 6, 1973 meeting was deferred until later in the meeting. Approve Final Plat The first item of business was approval of the final plat (Brandvold -Woods Addn .) for the Brandvold Woods Addition :and the 'City Manager explained that the preliminary plat was approved by tha Council at the July 23, 1973 meeting. The Director of Public Works briefly commaxted as to the development of the plat. Motion by Councilmen Kuefler, seconded by Councilman Leary to approve the final plat for the Brandvold Woods Addition. Voting in favor were: Mayor Cohen, Council - men Leary, Fignar, and Kuefler. Motion passed. Authorize Release o; The City Manager introduced the next item of business Subdivision Bond explaining that a subdivision bond posted for a portion (Jessie's Addition) of Jessie's Addition between Humboldt and Irving Avenues and 70th and 71st Avenues had been satisfied with the installation of boulevard sod and trees. He recommended that the Council authorize the release of the subdivision bond in the amount of $2,275. Following a brief discussion there was a motion by Councilman Fignar seconded by Councilman Kuefler to authorize the release of the subdivision bond posted for Jessie's Addition in the amount of $2,275. Voting in favor were: Mayor Cohen, Councilmen Leary, Fignar, and Kuefler. Motion passed. RESOLUTION Member John Leary introduced the following resolution NO. 73 -138 and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPOR- ARY IMPROVEMENT NOTES 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, where - upon said resolution was declared duly passed and adopted. -1- 8 -20 -73 r RESOLUTION Member John Leary introduced the following resolution NO. 73 -139 and moved its adoption: RESOLUTION APPROVING PLANS AND Si E AND DIRECTING ADVERTISEMENT FOR BIDS RELATIVE TO LIQUOR STORE NO. 5 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, Bill Fignar, and Tony Kuefler; 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 -140 and moved its adoption: RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR The motion for the adoption of the foregoing rasolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohe:1, Johhn Leary, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Discussion of Mayor Cohen stated he wished to thank Councilman Housing Commission Fignar and the other members, cf the Housing Steering i r, establishing a Committee ..cr their intensive x e a g Housing Advisory Commission. He recognized Com- mittee members Mrs. Nelson, Hastings, and Mr. Lou Howard. Appoint of Mayor Cohen then recommended the appointment of Housing Commission Mr. Lucious Howard as the first Chairman of the Chairman Brooklyn Center Housing Advisory Commission. He stated that he would then proceed with the Yelp of Mr. Howard to select the other members of the Com- mittee. Following a brief discussion there was a r..otion by Councilman Kuefler, seconded by Councilman Leary to confirm the Mayor's appointment of Mr. Lacicus Howard as Chairmaa of the Brooklyn Center Housing Advisory Commission. Voting in favor were: Mayor Cohen, Councilmen "Leary, Fignar, and Kuefler. Voting against: none. Motion passed. Mayor Cohen then recognized Mr. Howard who trnnked V'ie Council and stated his intent to immediately pursue the activation of the Commdssion. In that regard the City 1v arager stated that the resolution would t: -ike effect on September 1, and noted that the founding resolution called fora mandatori mzeting In October. In further discussion Cour-cii.ma Fignar staked he wished to thank the Steering Ccpv'rittee and the Citty staff for tbeir help in the developmei-,it of the guidelines which led to the establishment of the Advisory Com- mis lion. -2- 8 -20 -73 Designate Council Mayor Cohen then designated `.", o %ciiman r1,gnar 66 the Representative to Council representative to the Brooklyn Center Housing Housing Commission advisory Commission. RESOLUTION Member Tony Kuefler introduc -ea the following resolution NO. 73 -•141 and moved its adoption: RESOLUTION AMENDING THE 1973 GENERAL FUND BUDGET 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Consider Amendment of The next item of business was consideration of a pro - Planning Commission posed amendment to Planning Commission Application Application No. 73018 No. 73018 submitted by B.C.I. P. The it=m was intro- (B. C. I. P.) duced by the Director of Planning and Inspection -7,vho stated the appll %want was szeking approval of an amend= ment, which comprehended an en.largement of the southerly wing by 34 feet of Speculati -;'e Industrial Building No. S. He review -ad the Piar:ning Commission minutes of August lb, 1973 and a brief discussion ensued. It was noted that a nur.i)er of rov'sions had been made regarding the landscape pian and the Director of Public Works commented as to the grading and elevations of the proposed site. Action Approving Motion by Councilman Fignar, seconded by Councilman Amendment to Planning Kuefler to approve the amended site and building plans Commission Application for Speculative Industrial Building No. S, as compre- No . 73018 (B . C . I . P .) hended by Planning Comiris ion Application No. 73013 submitted by B.C.I. P. , Inc. , subject to the original conditions cf approval. Vatting in favor were: Mayor Cohen, Councilmen Leary, Fignar, and Kuefler. Voting against: none. Motion passed. Councilman Britts arrived at E :15 p.m. Planning Commission The next item of business was consideration of Planning Application No. 73021 Commission Application Tao. 73021 submitted by Orville (Orville 'Wilda) Wilda. The item was introduced i)y tie Direc�o: of Planning atad Inspection whc ;Mated that the applicant's request for 3 preliminary plat approval for a parcel of land at 6732 Lyndale Avenue North had been remanded to the Planning Commission for consideration of a revision of the new lot line as proposed by the applicant. lie reviavved the August 16, 1973 Planning Comp. ^.isaicr, minutes and a brief discussion ensued. The Director of Planning and Inspection noted that duo -; to the realignment of the new property line, the varfa,: e from the existing house which had formerly been Ij 'L - would now be app: oximataly 22 fLet. He stated that �: public hearing on this vaifarwa liar, been held and that neighboring property owners had been notified. -3- 8 -20 -73 r Mayor Cohen noted that none of the neighL property owners was present. The City Manager commented as to the variance request that, in add JAL to the applicant's contended hardship as to the topography of the land and the uniqueness of the parcel, tie situation was signi- ficantly th. resul` of corstra?rsLs which were created by the instaliation of Willow :pane some years ago by the City. Action Approving Following a brief discussion there was a motion by Planning Commission Councilman Britts, seconded by Councilman Fignar to Application No. 73021 approve Planning Commission Application No. 73021 (Orville Wilda) submitted by Orville Wilda, noting the followings: 1. A variance of apprcyimately 22 feet from th ; new lot line to the existing house results in part from a hardship created by the topo- graphy and location of existing structures, and in part by constraints on the applicant's property due to the location of a public street by the City. 2. Approval is subject to the follow .ng condi- tions a. Final plO't is sub;ect to the require - ments of Chapter 15 of the City .;rd..�?iUe:� b. Final plat is s ubject to review by the City Engineer prior to Council approval. Voting in favor were: Mayor Cohen, Councilra'�'a Leen y , Britts, Fignar, and Kazfler;, Vo� Ing agui . none. Motion passed unanirrousl,o . Planning Commission The next it:..m of business Eu considoration of Appi. Application No. 73013 cation No. 73013 submitted by Mile Harrer. The item. (Mike Harrer) was introduced by the Director of Plann and inspec- tion who reviewed the Planning Commission minutes of May 24 and August 16, 1973. He explained that the applicant was seek.-ng a variance from Section _ -111 (nonconforming uses) to permit the construction of an addition to his home located at 6521 Brooklyn Boule-n rd. He further explained that the Planning Commission had conducted an evaluation of the n.onconforraing use ordinance provisions, particularly as they relate to nonconforming single family uses which are within residential districts zoned other than RI or R2 He noted that the City Council, in late 1972 following disposition of Planning Commission Application No, 72080, had directed the Plannii.g Commission to con- - sider the feasibility of recommending an ordi.ra: :ice provision which would except single family homss in the commercial zones from the rioncc,nf:;rning use section provisions of the zoning ordinan ^,e He noted that during the course of the present: e,ral!.iauo i with respe ::t to Application No. 73021, the Planning Comm:issioii sac: reviewed the matter earlier referred from the Council and now determined such action would not be advisable because it would violate established planning policies discouraging the usa of houses for commercial purposes and prehibitIrg re. ider!tiai occupancy of commercial structures. -4-- 8 -20 -73 r With respect to the present application, he stated the Commission's concern had centered around the idea that the basic residential use was compatible throughout the spectrum of residential districts, and that the upkeep and even expansion of single family dwellings in any residential district represent an asset to the community - -more so than a h nderance to the evolution of the land to higher residential uses. The City Manager stated that the Commission had recommended an ordinance change to Section 35 -111, which would add the following language to paragraph 3: "Excepted from structural alteration limitation are single family dwellings located in residential districts other than RI or R2, provided any structural alterations or additions shall conform with the requirements of the RI district." An extensive discussion ensued. Councilman Leary stated there had been a subtle change in planning philosoply over the years from the once accepted concept that the intensity of Cl uses were similar to the intensity of R5 uses and, therefore, Cl and R5 uses could be considered interchangeable. He noted the Planning Commission's effort to distinguish between uses with regard to the present application and Appli- cation No. 72080 which received Council disposition last fall as well as certain earlier rezoning proposals. In response to a question by Councilman Britts as to the origin of the Cl and R5 zoning in the area, the City Manager responded that there had been substantial public participation in the Establishment of the zoning districts in 1968 and there had been a concern, particu- larly along Brooklyn Boulevard, as to the future development and the prevention of residential occupation,. of commercial uses. With respect to the present application the Mayor noted that none of the notified property owners was present and he noted the Planning Commission deliberation which recommended denial of the application. The Director of Planning and Inspection commented that the application, with the applicant's consent, was serving as a vehicle for the recommended ordinance amendment. He stated that the application did not meet the standards for variance, but that the need for a variance would be eliminated with the ordinance change. Action Denying Following a brief discussion there was a motion by Planning Commission Councilman Leary, seconded by . Councilman Kuefler to Application No. 73013 deny Application No. 73013, in that the standards for (Mike Harrer) granting a variance were not met. Further discussion ensued as to a clarification of the status of the application and the Mayor then cabled for a vote. Voting in favor were: Iv,.aycr Cohen, Council- men Leary, Fignar, and Kuefler. Voting against: Councilman Britts . Motion passed Consideration of The City Manager then introduced a draft ordinance Draft Ordinance amendment for purposes of modifying the nonconforming Amending Chapter use policy of the zoning ordinan a as it pertains to 35 -Iii single family dwellings located in any of the residential districts. H^ stated that the amendment was comprised of language as i.otr- during the discussion of Application No. 73013 earlier its Vas meeting. -5 8 -20 -73 r Motion for First Motion by Councilman. Leary, seconded by Councilman Reading of Draft Kuefler to offer for first reading an ordinance amending Ordinance Amending Chapter 35 -I11 of the City ordinances. An extensive Chapter 35• -h discussion ensued. Further Discussion Councilman Britts stated that he had much concern as to the apparent a ,-.clusion of pro for residents in single family dwellings which were located in commer- cial districts. He explained that this concern was the basis for his negative vote regarding Application No. 73013, and that the ordinance amendment as proposed was singling out residential districts from commercial and industrial districts. He recalled the instance of Mr. Dudley and his application (No. 72080) for per- mission to add on to his house which is located in the C1 zone on Brooklyn Boulevard. The Director of Planning and inspection explained that Mr. Dudley had requested an expansion of his house for purposes of establishing a commercial facility while intending to retain his residence. He stated that this was considered a violation of the long established policy of prohibiting such occupancy. He reiterated the response of the Planning Commission to the Coun- cil's request for an evaluation of the feasibility of exempting single far.. ly hofnes in commercial districts from the nonconforming use is ovisions of the ordinance. In further discussion, Councilman Leary explained that the major thrust of the relationship of the intensity of Cl uses to the intensity of R5 uses at the time of the adoption of the Comprehensive Plan was prior to the expansion and upgrading of Brooklyn Boulevard. Ile noted, however, that there was also a strong concern that houses not be converted into business establish- ments. He stated that essentially the nonconforming use provision is intended to allow an affected home- owner the option to recover his initial residential investment through residential occupancy and to pro - mote the evolutionary development of commercial areas with the attendent profit possibilities for non-- onforming homeowners, possibly through the eventual combination of former residentally occupied lots into viable com- mercial sites. Councilman Kuefler stated that in his opinion the pro - prosed ordinance change addressed the specific problem quite well. He further stated than Councilman Britts' concern could be the subject of further deliberation by the Planning Commission and City Council in the future. Mayor Cohen agreed, statiY;g that the Council's dis- cussion would be noted on the record and could be brought to the attention of the Planning Commission for further study. Disposition of First Mayor Cohen then called for a vote. Voting in favor Reading of Ordinance were: Mayor Cohen, Councilmen Leary, Britts, Figna., Amending C Captor and Kuefler. Voting against: none. Motion passed 35-111 unani.r.ou sly . -5- 8 -20 -73 r Planning Commission The next item of business was con,ideraticn of Planning Application No. 73026 Commission Application No 73026 submitted by Faith (Faith Academy, Inc.) Academy, Inc. The item was introduced by the Director of Planning and Inspection who : eviewed the Planning Commission minutes of August 13, 1973. He stated the request was for a special use permit for the operation of a parochial school on the premises of the Berean Evangelical Free Church, 6625 Humboldt Avenue North. He stated the applicant had indicated the facility would comprehend grades "K through 9" for approximately 75 pupils. He explained that the premises had been inspected by the State Fire Marshall's office and by the various City inspectors. He briefly reviewed the findings of the inspectors and noted the City Fkre Marshall had received the findings of the State Fire Marshall. He explained further that there were a substantial number of items which must be corrected before the facility meets mini- mum requirements of various codes and standards. An extensive discussion ensued. Mayor Cohen recognized Mr. Leonard Jankowski, who represented the applicant, and who briefly discussed the scope of the intended school. Mayor Cohen noted that the Planning Commission had been most concerned that the premises be brought into compliance with all applicable state and local regula- tions as to fire safety, health, and building code standards, and he stated a letter on file from the applicant noted that such a curlplAiance would be met prior to the commencement of classes. The Mayor noted that none of the naigrboring property owners was present. The City Manager emphasized the significance of the Planning Commission's concern as to compliance with applicable codes and regulations, and stated that if this were a condition of approval the special use permit would not be issued until after the conditions are met. Action Approving Motion by Councilman Leary, seconded by Councilman Planning Commission Britts to approve Planning Commission Application No. Application No. 73026 73026 submitted by Faith Academy, Iric. subject to the (Faith Academy) 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 compli- ance will be documented by the respective Inspection Agencies and submitted to the file prior to thie issuance of the special use permit. 2. The special use permit shall be for a 12 month period commencing on the date of issue. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuer. er. Voting against: none. Motion passed urenimousiy. -7- 8 -20 -73 r Consideration of Parking The next item of business was coii 3i de rati.)n of certain Lot and Landscaping amendments to Planning Commission Application No. Amendments to Applicatiloa 61238 submitted by the B erean Free Church. The No. 61238 (Berean Free Director of Public Works comwe rted that plans for the Church) paving and upgrading of the p:,►xking lot area at the church, 6525 Huraboldt Avenue North, had been reviewed by the Planning Commission. He ncAted that the pro-- posed parking was to be p? lased and included a tempor- ary rolled bituminous curb betivreen the pr;ased areas. He explained also that the proposed landscaping was an on going project. Approve Certain Following a brief discussion there was a motion by Amendments to Councilman Fignar, seconded by Councilm n Britts to Planning Commission approve the parking lot and landscaping amendments to Application No., 61238 Planning Commission Application No. 61238 submitted (Berean Free Church) by Berean Free Church. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Recess The meeting recessed at 9:3C p.,_z. and resumed at 10:05 P.M. Planhing Comrzissicn The next item of business was conEideration of Planp.�rig Application No. 73023 Commission Application No. 73023 by Nhs. (Ladder of Learning Betty Smith for the .Ladder ` 1,earning Day Care Center. Day Care Center) The item was introduced by the Director of Planning a t Inspection who stated t : -: application was for a special use permit to opa ;at<<: a day ca facility in the Beach Apartments, 4201 - 4207 Lakes +.de Avenue North. He then reviewed the Planning Commis lion minutes for August 2 and August 16, 1973. He noted the Planning Commission's prime concern was that the ;x amises ire brought into compliance with &1( ap licable state are local regulations as to fire safety, health, ead building code standards. He explained that the pie:nises 1iaad been inspected by the appropriate state agency and a letter had been received front that agency to the effsct that before the applicant would be eligible for a day care center licens to assurance would have to be made that all applicable codes and regulations were met, in addition t1 a v"iiety of specific state requirements. He explained that an inspection of the facilities had been made by the various C.Ay Inspectors, wn^, had noted a number of revisions which would have to be made to convert an area .designed for dwelling purposes into a facility which conformed to day care facil requirements. The Director of Planning and Inspection also referred to a letter in the file, from a representative of the owner of the apartments, which listed those things the owner was willing to do in an atcempt to provide an a.r�3? for the facility which met applicable requir-nme.1ts . Mayor Cohen then recognized Mils. Srr ith, who ccm- mented as to the scope of the prcp3sed day care center and an extensive discussion ensued regarding the pru- posed location of the outside recreation area at the end of the building opposite from the apartment designated for the facility. In respor., ^a to a question by Council- man Kuefler, the applicant sta;:ed that there was cio sidewal:: along the; rorti aide of the Beach Apartments. Councilman Kuefler stated his concerti as to chiidren -8- 8 -20 -73 attempting to travel outside the length of the building, particularly in the winter. An extensive discussion ensued. Councilman Fignar stated that `ne had personally inspected the site and noted leis concern with the dis�- tance from the designated apartment to the play area, and Councilman Britts stater he also had observed the premises. Councilman Britts stated his concern thatlif the designated apartment No. 141 were used, children would be required to come down the proposed emergency rampway from the balcony and to cross the underground garage driveway approach. He questioned the ability or drivers coming from the garage - to see children in the driveway. He also inquired as to why apartment No. 140 next door was not being used instead, and commented that it appeared an emergency ramp from the end of that balcony would be safer. A representative of the owner stated that apartment No. 141 was being proposed be- cause of the convenience for parents in leaving their children at the facility in the morning since the apartment was closer to the parking lot. He also stated that apartment No. 141 was closest to an exit door to the building which could also be used as an entrance for the day care center. In further discussion Mayor Cohen stated that the basic issue went beyond the saecific location of apartments and playgrcund areas. He noted that in the original application for the apartment complex, the owner had emphasized the intent of the apartments to serve as "luxury", adult oriented apartments He stated the inclusion of a day care center was a marked departure from that concept. The Mayor also noted his coricern as to the conversion of a dwelling unit. He stated there were definite pros- pects of establishing an undesirable precedent as to the change of approved uses to entirely different ones. He commented that there was a need for further research as to the ramifications of allowing such conversions. Councilman Leary noted the relationship between the need for day care. centers in the residential districts, starting that such facilities were found in the single family residantial district, and noted that the need was at least the same, if not greater, in multi- residential complexes. The City Manager stated that many low -to- moderate income apartments, in fact, were designing. formal day care facilities into their projects for the care of children of residents who work. Further discussion ensued relative to the proposed opera- tion in light of various state requirements as to super- vision and equipment. Concern was noted as to the management's designation of apartment No, 141 for the facility, and Councilman Leary stated that, in his opinion, if one of the units at Chia end of the building were to be used he would prefer that apat uzr_ent No. 140 be used instead fox reasons of safety and emergency exit. A representative of the owner commented that there was fleribilifi.1 as to wh.`mh apartment would be used, although the owner had E prefe„e•.nce for apartment No. 141. In further discussion the representatives of the -9- 8- 20.73 owner stated that there would be no obJection to the use of apartment No. 140, and he commented that the build- ing exit door could also be used. Councilman Britts responded that even with good supervision, accidents frequently can occur, particularly when physical facili- ties are not appropriately designed for the particular use. He stated that all precautions should be taken to assure that if this use is approved, the area in the apartment complex conforms in all respects to structural and safety requirements. Mayor Cohen reiterated his concern that approval of this application would tend to set a precedent in all other multi - residential districts. He stated that before final action is taken the Planning Commission should be asked to review and comment as to the following questions: 1. Whether the conversion of an apartment dwelling unit into a totally different use is desirable? 2. What specific local standards regarding such facilities should be established? The Mayor &!so stated that 'zP did not disagree with the concept of providing day care facilities in residential developments, but he statue the question of converting a dwelling unit into another facility was foremost. The representative of the owner responded to the Mayor's concern for establishing standards, that there were very specific state standards and regulations which must be met before such facilities can be licensed. The Mayor commented that the need was to evaluate the specific proposal in terms of its broader ramification for the entire community. He explained that his reference to standards was one of zoning and use, and not so much specific criteria as to the operation of day care facili- ties. Motion i c Deny Councilman Britts stated that some determination should Planning Commission be made as to the status of the present application and Application No. 13023 following a brief discussion there was a motion by (Ladder of Learning) Councilman Britts, seconded by Councilman Kuefler to deny Planning Commission Application No. 73023 sub - mitted by Mrs. Betty Smith for the Ladder of Learning Day Care Center, noting that the plans as presented did not make auequate provision for safety considerations and further, that there was an apparent need for evalu- ation as to the establishment of local standards regarding such uses. In further discussion Councilman Britts stated that he was not in favor of a day care center in tnis particular facility. He referred to the Mayor's comment that the original approval of the apartment complex had been in the context of a "luxury", low- intensity, adult oriented facility. Councilman Kuefler stated this his concern as to safety was diminished if anot'^er apartment unit were to be used and an assurance would be made that all applicable code and regulations were met.. -10- b -20 -73 Fr , Withdraw Second and Counc {.lman Kuefler then withdrew his second to the Resecond Motion to motion. The Mayor then called for a second to Council- Deny Application No. man Britts' motion to deny the application. Councilman 73023 Leary stated that he could not second the motion and that it appeared the reasons for denial were not substan- tive. The Mayor then seconded the motion to deny the application. Action Amending Following further discussion there was a motion by Motion to Deny Councilman Leary, seconded by Councilman Kuefler to Planning Commission amend the motion to deny the application and to table Application No. 73023 the matter until the next Council meeting to allow staff review of the state standards for day care centers and to allow the staff time to prepare proposed standards as to day care centers in residential districts. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. A;;tion Tabling Plannia - The Mayor then called for a vote on Councilman Britts' Commisoion Application motion as amended. Voting in favor were: Mayor Cohen, No. 73023 (Ladder of Councilmen Leary, Britts, Fignar, and Kuefler. Voting Lea.-vaing Day Care against: none. Motion passed unanimously. Center) Discussion of Improve- The next item of business was consideration of two draft ment Project Resolutsal.0 resolutions recommended for the purpose of establishing a water main and straet restoration improvement project in 69th Avenue North from approximately 135 feet east of Bryant Avenue to Lyndale Avenue North. A brief dis- cussion ensued as to the failure of private water systems in this area, and the Director of Public Works commented that the public hearing for these projects would be on October 15. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73-142 and moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1973 -31 & STREET RESTORATION IMPROVE - MENT PROJECT NO. 1973 -32, AND ORDERING PREPARA- '"ION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the fallowing voted in favor thereof: Fhiljp 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. aZESOLtT "ION Member Tony Kuefler introduced the following resolution NO. 7s -143 and moved its adoption: RESOLUTION ESTABLISHING SANI'T'ARY SEWER IMPROVE - MENT PROJECT NO. 1973 -33 ARID ORDERING PREPARATION OF PLANS AND SPECIFICA`T'IONS The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the foliowing 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. -11- 8 -20 -73 RESOLUTION Member Maurice Britts introduced the following resolu- NO. 73 -144 tion and moved its adoption: RESOLUTION AMENDING REIMBURSEMENT POLICIES 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, Lill Fignar, and Tony Kuefler; 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 -145 and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS ON OCTOBER 1, 1973 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. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73-146 and moved its adoption: RESOLUTION PLACING ON FILE AND OPENING FOR PUBLIC INSPECTION PROPOSED ASSESSMENTS 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. ORDINANCE Member Maurice Britts introduced the following ordinance NO. 73- and furth2rlmoved its .adoption, provided, however, tha for the purposes of the minutes of the proceedings of the Cft- '`Cohn cil the'text �of -the ordinance shat be attached to the minutes and be a part thereof: ORDINANCE NO.. 73 -13 'AN ORDINANCE = AMENDING CHAPTERS 11 19-�and 21 OF' THE CITY ORDINANCES: The'mot;ion for - the °adoption 6f the -foregai;ng ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereV:: Philip - Cohen , , )-*john Leary ' Maurioe Britts ; Bill Fignar, and Tony I(iiefler; and the following voted against the same: none, whereupon said ordinance.was deala :�c,T duly passed and ad6p ORDINANCE Member John Leary introduced the following ordinance NCB. 73-14 and moved its adoption AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES THE CITY COUNO1L OF THE Cr1rf OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: -12- 8 -20 -73 Section 1: Section 11 -503 is hereby amended as. f a Section 11 -503. NUMBER OF LICENS S ISSUE6. It is hereby declared to be the public policy of the City of Brooklyn Center to issue one lass "on sale" liquor � license than authorized by state laws and to thereby avoid the abandonment of the municipal "off sale" liquor store operations. Unless otherwise authorized by a majority of voters voting on the ques'don at a special election called for such purpose, the City Council shall not issue the maximum number of liquor licenses authorized by Minnesota Statutes 340.353 as amended by [Senate File 271, 1969 Minnesota Legisla- ture.] Special Law, Laws 1973, Chapter 522, (House File 1871) State of Minnesota. Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 20th day of August, 1973. The motion for the adoption of the foregoing ordinance 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, Bill Fignar, and Tony Kuefler; and. the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted Approval of Lisaru; s Motion by Councilman Fignar, seconded by Councilman Kuefler to approve the following licenses: CIGARETTE LICENSE Chuck Wagon Inn 5 720 Morgan_ Ave, FOOD ESTABLISHMENT LICE11SE Chuck Wagon Inn 5710 Morgan Ave. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Historical Society 5617 Corvallis Ave. George Matthews Great London Circus 604 Ferry Street MECHANICAL SYSTEMS LICENSE A. Binder & Son Inc. 120 East Butler "OFF- SALE" IMALT LIQUOR LICENSE Chuck Wagon Inn 5720 Morgan Ave• "ON- SALE" MALT LIQUOR LICENSE Chuck Wagon Inn 5720 Morgan Ave. PUBLIC DANCE LICENSE Chuck Wagon Inn 5720 Morgan Ave. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Other Business: In other business the City Manager commented that the City had an opportunity to acquire a new portable type "moving" radar unit for police vehicles. He stated that a limited amount of federal funds were available and that the units were being pur- ased by other communi- ties in the metropolitan area. He stated there was a tremendous psycholoc�ical value to the use of the -13- €3 -20 -73 F r- equipment, particularly when such use was publicized. Ile noted the advantages of the unit as compared to the present radar system which requ.,res the use of two vehicles. He recommended that tie Council authorize the purchase of up to two units for use on a trial basis to determine if full conversion to the system were desir- able. Authorize Purchase of Following a brief discussion there was a motion by New Radar Units Councilman Leary, seconded by Councilman Fignar to authorize the purchase of up to two portable "moving" radar units for police vehicles, provided federal funds are available. The Mayor then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unani= mously. . Approve Minutes Motion by Councilman Fignar, seconded by Councilman 3 -6 -73 Kuefler to approve the minutes of the August 6, 1973 meeting as submitt^d. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Adjournanent Motion by Councilman Leary, seconded by Councilman Kuefler to adjourn the meeting. Voting in favor were: Mayor Cohen, CovaiCilm.en Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unani- mously. The Council meeting adjourned at 11 :55 p.m.. Clerk Mayor -14- B -20 -73