Loading...
HomeMy WebLinkAbout1973 11-05 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CIn" OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 5, 1973 CITY HALL Call to Order The City Council met in regular session ion and was called to order at 7:36 p.m. by'Mayor Pro Tern John Leary. Roll Call Mayor Pro Tem Leary, Councilmen Kuefler, 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, Chief of Police Thomas O'Hehir, City Attorney Richard Schieffer, and Administrative Assistants Daniel Hartman and James Lacina. Approval of Minutes Motion by Councilman Britts and seconded by Council - 10 -15 -73 man Kuefler to approve the minutes of the October 15, 1973 meeting as submitted. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Authorize Execution The City Manager introduced the first item of business, of Inspection and recommending authorizing execution of inspection and Maintenance Agree- maintenance agreements with Earle Brown Farm Town- ments with Earle houses and Riverbrooke Townhouses. Brown Farm Town- houses and Riverbrooke Motion by Councilman Kuefler and seconded by Council - Townhouses man Britts to authorize the Mayor and the City Manager to execute an inspection and maintenance agreement with Earle Brown Farm Townhouses. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Motion by Councilman Fignar and seconded by Council- man Kuefler to authorize the Mayor and the City Manager to execute an inspection and maintenance agreement with Riverbrooke Townhouses. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Brookdale Garden The City Manager then stated that due to winning the Apartments recent lawsuit against the site improvement bond of (Site Improvement Brookdale Gardens Apartments, the City of Brooklyn Bond) Center became obligated to use the proceeds of the lawsuit to remedy some of the deficient drainage features existent upon the apartment project site. RESOLUTION Member Maurice Britts introduced the following resolution NO. 73 -180 and moved its adoption: RESOLUTION ESTABLISHING AND ORDERING CONSTRUCTION OF STORM SEWER & CORRECTIVE SITE IMPROVEMENT PROJECT NO. 1973 -38, AND AUTHORIZING DISBURSEMENT OF MONIES RECEIVED FROM SETTLEMENT OF THE BROOKDALE GARDENS LAWSUIT - l - 11 -5 -73 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: 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. Retention of The City Manager discussed the need to retain an ln gineering Firm engineering firm to draft plans and specifications for r the Brookdale the remedial project. arden Apartments Project Motion by Councilman Fignar and seconded by Council- man Britts to authorize the City Manager to retain Suburban Engineering, Inc. to prepare plans and speci- fications for the Brookdale Gardens remedial drainage project. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -181 and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1973 -I) 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: 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, Office Space for a The next item on the agenda was consideration of Youth Service Bureau authorizing office space for a youth service bureau (The Trust Company) known as the Trust Company. The City Manager stated that the Trust Company was a volunteer staffed organiza - tion in need of office space to permit youth counseling and referral. He stated that at present they were tem- porarily housed at the Brooklyn United Methodist Church. The City Manager then informed the Council that the two dressing rooms in the Community Center were not in use at the present time. He stated his recommendation that the City Council authorize the offering of available office space for the Trust Company by simple conversion of the two theater dressing rooms in the Community Center on a trial basis. A discussion ensued relative to the operation of the Trust Company. The City Manager commented that such a youth service bureau would meet the Youth Commission recom- mendation for a youth referral service in Brooklyn Center. Motion by Councilman Britts and seconded by Councilman Fignar to authorize the City Manager to provide available office space for the youth service bureau known as the Trust Company, and provide for a progress report on the -2- 11 -5 -73 Trust Company operation. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Planning Commission The next item of business was consideration of an Application No. 72050 amendment to approve Planning Commission Application (Brooklyn Center No. 72050 submitted by the Brooklyn Center Industrial Industrial Park, Inc.) Park, Inc. The item was introduced by the Director of Planning and Inspection who stated that the applicant was proposing a modification in the site and building plans for the Earle Brown Farm Patio Homes at 69th and Shingle Creek Parkway. He explained that the basic feature of the change was a departure from the approved quadra -home concept to a standard townhouse design comprised of three or four attached linear units. He noted that the total number of units had been reduced from 36 to 30. Mr. Tremere reviewed the site plans noting the changes in the location of the buildings. He commented on the number of trees and other plantings that have been reduced from the originally approved plans. He stated that the ordinance requirement for 6" diameter or larger hardwood trees was technically met by crediting the large existing trees on the site. He noted that such trees were comprised of elm and oak species, and were located on the north and northwest portion of the site. He also commented that the perimeter fencing originally approved for the site had exhibited gaps in that the quadra -home concept recognized 6' high fencing around the e indivi u d al patio homes. He stated that since this aspect of the plans had been eliminated, the recom- mendation was that continuous 6' high fencing be installed along the westerly and southerly property lines. Mayor Pro Tem Leary then recognized Mr. Stephen Krogness and Mr. Dennis Miller representing the applicant,. who discussed the amendments to the site plan. Mr. Krogness commented that changes in the site plan have been brought about due to the unmarketability of the quadra -home concept. He stated that townhouse type units would involve a lower selling price and, therefore, enhance their marketability. Councilman Britts left the table at 8:34 p .m. Mr. Tremere reviewed the plans for the residents present who were interested in the application. He stated that the applicant was willing to increase the size of the - green ash trees proposed for the site to enhance the land- scaping features of the proposed amendment. Councilman Britts returned to the table at 8:40 p.m. Mayor Pro Tem Leary inquired as to whether the units would be owner occupied or whether the developer intended to rent the units. Mr. Krogness responded that it was the intent of the developer to continue building the homes for -3 11 -5 -73 sale, but he noted, however, that the developer reserved the option to offer the units for rental purposes. Mr. Tremere then commented that presuming the units would be sold, a new plat of the property would be required since the building locations have been sub- stantially altered from the positions indicated on the already approved plat for the patio homes. Mayor Pro Tem Leary recognized residents present to speak on the proposed amendment to the application. He recognized Mr. i& - Johnson, 3100 - 68th Avenue North, who presented the City Council a petition of the residents on 68th Avenue North and Zenith Avenue North opposing the proposed changes in the site and building plans. Mr. Johnson stated that the residents of the area were concerned about the developer's intent to lower the market price of the units. He stated that by lowering the market price of the units, the residents in the area would also experience a lowering of their property value. Mayor Pro Tem Leary responded by stating that the City Council could not consider the selling prices of the units in considering site and building plan approval. He stated that the City Council must look at the code and ordinance requirements and make their decision related to those specific laws. Mayor Pro Tem Leary then recognized Mr. James Fandrich, 6806 Zenith Avenue North. Mr. Fandrich presented a letter to the City Council which the clerk read. He also voiced his concern relative to the lower market price of the townhouse units and its effect on the adjacent single family homes. A lengthy discussion ensued relative to the proposed amendment and the marketability of the townhouse units. The City Attorney offered his opinion relative to site and building plan requirements. Mr. Schieffer stated that there must be specific reasons to deny site and building Plans when the developer meets all the applicable zoning and building code requirements. "He commented that the specific reasons for denial must be based on the health, safety, and welfare of the community. Mr. Johnson was then recognized and commented on the rental possibility of the townhouse units. It was his contention that if the units were rented, the property values of the surrounding homes would be affected ad- versely. The City Manager then elaborated on the City Attorney's comments regarding the legal relevance of the valuation factor on site and building plan approval. He explained that not only is the valuation factor an improper consid- eration in site and building plan review, but that efforts to arbitrarily increase the costs of housing beyond those costs associated with meeting the various code require- ments is contrary to national, state and city policy. He referred to the results of such practices in earlier years by certain other suburban communities, pointing out that such communities now find the average cost of housing in their jurisdictions far beyond the reach of middle income citizens. Action Closing Motion by Councilman Fignar and seconded by. Council- Public Discussion man Kuefler to close public discussion on the amendment to Planning Commission Application No. 72050. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. A lengthy discussion then ensued as to the merits of the application. Councilman Kuefler inquired if the drainage problem on the site had been resolved. The Director of Public Works responded that the drainage problem had been eliminated with the developer providing the proper storm sewer connections on the site. Action Approving the Motion by Councilman Kuefler and seconded by Council- Amendment to Planning man Fignar to approve the amendment to Planning Commission Application Commission Application No. 72050 submitted by Brooklyn No. 72050 Center Industrial Park, Inc. subject to the following (Brooklyn Center conditions: Industrial Park, Inc.) 1. The conditions of approval of September 15, 1972 shall apply. 2. A continuous 6' high opaque fence shall be provided along the westerly and southerly property lines. 3, Berming as approved by the City Engineer shall be provided on the northerly and seuthefly limits of the property. 4. The green ash trees indicated on the revised landscape plan shall be a minimum 4" dia- meter. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Recess The City Council recessed at 9 :28 p.m. and resumed at 9:54 p. m. Planning Commission The next item on the agenda was as consideration of Ap lication No 7 P 3035 Planning Commission g Application No, 73035 submitted (Brooklyn Center by the Brooklyn Center Industrial Park, Inc. The item Industrial Park, Inc.) was introduced by the Director of Planning and Inspec- tion who explained the applicant was seeking preliminary plat approval for a parcel of land currently described as Tract A, Registered Land Survey No. 1348, which includes the sites of Spec. Buildings No. 5 and No. 6 Mr. Tremere stated that the proposed R.L.S. would contain four tracts: Tract A being the site of Spec. -5- 11 -5 -73 Building No. 5; Tract B being the site of Spec. Building No. 6, and Tract C and Tract D being the undeveloped land between Spec. Building No. 6 and 67th Avenue North. A discussion ensued relative to the cross easement documents providing access between Tracts A and B and between Tracts B and C. Mr. Tremere commented that there was a need for easement documents to provide internal access routes between Tract B and Tract C and D, noting particularly the likelihood of heavy traffic through the area. Motion by Councilman Fignar and seconded by Council - man Kuefler to approve Planning Commission Application No. 73035 subject to the following conditions: 1 . The final R.L.S. is subject to review by the City Engineer. 2. The final R.L.S. shall be accompanied by appropriate documents providing for cross easements between Tracts A & B and Tracts B & C which shall be subject to approval by the City Attorney before filing the registered land survey. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Final Plat Approval The City Manager then explained that the developer for Parcel of Land had prepared the hard - shells required for final plat Currently Described approval. as Tract A, Registered Land Survey No. 1348 Motion by Councilman Kuefler and seconded by Council- man Fignar to approve the final plat for the parcel of land currently described as Tract A, Registered Land Survey No. 1348 subject to the following conditions: 1. The R.L.S. is subject to review by the City Engineer. 2. The R.L.S. shall be accompanied by appropriate documents providing for cross easements between Tracts A and B and Tracts B and C, which shall be subject to approval by the City Attorney before filing with the Registered Land Survey. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Planning Commission The next item of consideration was Planning Commission Application No. 73036 Application No. 73036 submitted by the Brooklyn Center (Brooklyn Center Development Corporation. The item was again intro- Development Corporation) duced by the Director of Planning and Inspection who explained that the applicant was seeking preliminary -6- 11 -5 -73 Plat approval for a parcel of land currently described as Outlot F, B.C. I. P. , Plat 1 , which includes the site of the Shingle Creek Towers high -rise apartments. p . Mr. Tremere stated that the proposed R.L.S. contained three tracts - -Tract A being the site of the high -rise, and Tract B and C being parcels to the south. Mr. Tremere also explained that certain cross easement documents relative to access points between Tract A and B in line with Summit Drive were required in the Planning Commission recommendation. He noted that the applicant had also provided for a Tract D which comprehended the 100 foot green strip adjacent to Shingle Creek. Motion by Councilman Fignar and seconded by Councilman Kuefler to approve Planning Commission Application No. 73036 submitted by the Brooklyn Center Development Corporation subject to the following conditions: 1 a The final R.L.S. is subject to approval by the City Engineer. 2. The final R.L.S. shall be accompanied by appropriate documents providing for cross easements between Tracts A and B in line with Summit Drive, Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Final Plat Approval The City Manager explained that this application had for Parcel of Land also been submitted in the form of a final plat. Currently Described as Outlot F, B.C.I.P., Motion by Councilman Britts and seconded by Councilman Plat 1 Fignar to approve the final plat for the parcel _of land currently described as Outlot F, B.C. I. P. , Plat 1 with the following conditions: 1. The R.L.S. is subject to approval by the City Engineer, 2. The R. L. S. shall be accompanied by appropriate documents providing for cross easements between Tract A and B in line with Summit Drive. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Planning Commission The Director of Planning and Inspection then introduced pplication No. 73037 the next item of business -- Planning Commission (Brooklyn Center Application No. 73037 submitted by the Brooklyn Center Development Corporation) Development Corporation. He stated that the applicant was seeking approval for the sixth speculative indus- trial building with an area of 167,892 square feet, He -7- 11 -5 -73 commented that the building would be located northerly of Shingle Creek Parkway between Spec. Building No. 5 on the west and the R5 zone site of the Earle Brown Farm apartments on the east. Mr. Tremere explained that the site was approximately 11 acres and that the building was approximately 20,000 square feet larger than Spec. Building No. 5. He stated that the number of parking spaces provided exceeds ordinance requirements for the. I -1 district and that according to the requirements for office use, approximately 49% of the building could be used as such. He commented that the basic plans were in order and that the staff has had extensive discussion with the applicant relative to several concerns regarding site design. Mayor Pro Tem Leary recognized Mr. Stephen Krogness who represented the applicant, and an extensive dis- cussion ensued. Mr. Krogness commented that the developer felt there was merit in having another full access between 67th Avenue North and the entrance to Spec. Building Nos. 5 and 6. The Director of Planning and Inspection commented that installation of a full access point between the existing intersections could generate substantial traffic conges- tion once the area was developed and Shingle Creek Parkway had been totally upgraded as planned. Mr. Tremere also commented that another matter of concern was relative to the 6' high - 70' long masonry screening wall located on the northern end of the main entrance roadway serving both of the Spec. Building sites. He stated that in discussion with the applicant, evidence had been made available showing that the area was quite substantially buffered with the existing berm - ing, and, in fact, the berming shrouded the screening wall thereby rendering it effective only as an unnecessary retaining wall. He recommended in lieu of the masonry screening wall for Spec. Building No. 5 and Spec. Building No. 6 additional berming could be provided at that point along with additional plantings. Action Acknowledging The City, Council acknowledged the provisions of Additional Berming additional berming height and plantings along 69th and Plantings in Lieu Avenue North in lieu of the approved masonry screening of the Approved wall for Spec. Building No. 5. Masonry Wall for Spec. Building No. 5 ion Approving Motion by Councilman Kuefler and seconded by Council nning Commission man Fignar to approve Planning Commission Application lication No. 73037 No. 73037 submitted by the Brooklyn Center Development Brooklyn Center Corporation subject to the following conditions: Development Corporation) 1 . The exterior finish and color of the buildings shall be harmonious to blend in with the -8 11 -5 -73 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 as to direct away from the residential areas northerly of the site. 4. There shall be no access onto 69th Avenue North. 5. Building plans are subject to the approval of the building inspector with respect to applicable 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 financial guarantee and a performance bond in an amount to be determined by the City Manager shall be submitted to the City to guarantee site improvements as desig- nated on the approved plans. 8. In lieu of the indicated 6' high - 70' long screening wall at the northerly end of the access drive, the developer shall provide additional berming and trees as approved by the City Engineer. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Amendment to Site The Director of Planning and Inspection then reported Conditions at that the Brooklyn Center Baptist Church was requesting Brooklyn Center a building permit to construct or place a 400 square Baptist Church foot detached garage on their site, located at 5940 Humboldt Avenue North. He stated that the building inspector had determined that since churches are a special use in the R -1 zone, the proposal should be reviewed and approved by the City Council prior to the issuance of a permit. Mr. Tremere briefly explained that there was not a formal site and building plan application on file for the church, which had been constructed some time ago. He stated, however, a site survey submitted in support of the building permit application for an addition to the church was available, and that church officials had indicated the proposed location of the detached garage. -9- 11 -5 -73 Motion by Councilman Britts and seconded by Councilman Kuefler to approve the building permit application sub - mitted by the Brooklyn Center Baptist Church for a 20 x 20 detached garage as proposed on the submitted site plan. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Ordinance Amendment The City Manager presented for Council consideration to Chapters 34 and 35 an ordinance amendment to Chapters 34 and 35 of the (Home Occupations, City ordinances relative to the definition of home occu- Special Home Occupa- pations , special home occupations and rummage sales. tions and Rummage He explained in detail the ordinance amendment out - Sales) lining each definition and pointing out the changes in the definitions from the present ordinance. A lengthy discussion ensued relative to the home child day care provisions. Mayor Pro Tem Leary then recognized Susan Jackson representing the Hennepin County Child Day Care Association. She stated that the Hennepin County licensing office had communicated with her on the question of providing the City with a list of child day care facilities licensed in Brooklyn Center. She stated that Hennepin County was willing to provide such a list. Ordinance Motion by Councilman Fignar and seconded by Council - First Reading man Kuefler to offer for first reading an ordinance amending Chapters 34 and 35 of the City ordinances relating to the definitions of home occupations, special home occupations and rummage sales. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Ordinance Motion by Councilman Kuefler and seconded by Council- First Reading man Fignar to offer for first reading an ordinance amending Chapter 35 of the City ordinances. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. ORDINANCE Member Maurice Britts introduced the following ordinance NO. 73 - and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 7 of the City Ordinances is hereby amended as follows: Section 7 -102. REFUSE STORAGE AND DISPOSAL. I C. Frequency and Manner of Collection. The contents of the containers shall be collected once every - 11 -6 -73 week, or more frequently if necessary or required by the provisions of any other ordinance of the municipality, by a collector licensed hereunder. He shall transfer the contents of the containers to his vehicle without spilling them, or if any spilling occurs, he shall clean it up immediately and completely. Collection shall be con- ducted in such a manner as to not create a nuisance. Collection in residential zones shall be between the hours of 6:30 a , m. and 8:30 , m. on each collection U - p p the containers shall be completely emptied p Y p and returned to the racks or stands where they are kept, and the lids of the containers shall be replaced. Section 2: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 5th day of November, 1973. The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: 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. ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 73 -19 and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 11 -507 of the City ordinances entitled LICENSE FEES is hereby amended as follows: 2. The [annual] initial license fee shall be paid in full before the application for a license is accepted. Renewal license fees shall be paid in full by December 20 Precedinq each license year All fees shall be paid into the general fund of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon with- drawal of application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. Section 2: This ordinance shall become effec- tive after adoption and upon thirty (30) days following its legal publication. Adopted this 5th day of November, 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 -11- 11 -5 -73 thereof: 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. RESOLUTION Member Bill Fignar introduced the following resolution . 73 -182 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: 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 Maurice Britts introduced the following NO. 73 -183 resolution and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: 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 Maurice Britts introduced the following NO. 73 -184 resolution 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: John Leary, Maurice Britts, Bill Fignar and Tony Kuefler; and the followin g g voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced troduced the followin g resolution NO. 73-185 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: 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. -12- 11 -5 -73 RESOLUTION Member Tony Kuefler introduced the following resolu- NO. 73 -186 tion and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (SANITARY SEWER CONTRACT 1973 -H) 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: 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 Tony Kuefler introduced the following resolu- NO. 73 -187 tion and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN SUBURBAN HENNEPIN COUNTY NURSING DISTRICT DURING 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: 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 Maurice Britts introduced the following NO. 73 -188 resolution and moved its adoption: RESOLUTION REQUESTING HENNEPIN COUNTY TO CONTINUE JOINT EXERCISE OF POWER FOR THE PURCHASING OF DIESEL FUEL OIL, HEATING FUEL, AND GASOLINE 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: 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 Tony Kuefler introduced the following NO. 73 -189 resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR ONE (1) SELF- CONTAINED SNOW BLOWER 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: 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- 11 -5 -73 RESOLUTION vlember Tony Kuefler introduced the following NO. 73 -190 resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR ONE (1) SIDEWALK SNOW PLOW 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: 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 -191 and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR WATER MAIN EXTENSION IN THE WESTERLY 80 FEET OF WATER MAIN IMPROVEMENT PROJECT NO. 1973 -31 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: 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, Licenses Motion by Councilman Fignar and seconded by Councilman Britts to approve the following licenses. CIGARETTE LICENSE Pioneer Dist. Co. 5200 West 74th St. LaBelle's 5925 Earle Brown Dr. FOOD ESTABLISHMENT LICENSE McDonald's 8030 Nicollet Ave. S. George Wood Shopper's City Bakery 3600 - 63rd Ave. N. GARBAGE HAULER'S LICENSE Blueboy Service 2151 - 159th Ave. NW NON- PERISHABLE FOOD VENDING MACHINE LICENSE Pioneer Dist. Co. 5200 West 74th St. LaBelle's 5925 Earle Brown Dr. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Site Performance Motion by Councilman Fignar and seconded by Council - ond (Antler man Britts to authorize release of the site performance orporation) bond in the amount of $2500 submitted by Antler Cor- poration relating to Planning Commission Application No. 69057 which is now known as the Two Romans Restaurant site. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. -14- 11 -5 -73 Site Performance Motion by Councilman Fignar and seconded by Council- Bond (Shell Oil man Kuefler to authorize release of the site performance Company) bond in the amount of $1000 submitted by Shell Oil Company relating to Planning Commission Application No. 72035 which is the Shell Oil service station site located at 6545 Lyndale Avenue North. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against; none. The motion passed. Site Performance Motion by Councilman Kuefler and seconded by Council- Bond (Village man Fignar to release the site performance bond in the Builders, Inc.) amount of $2000 submitted by Village Builders, Inc. relating to Planning Commission Application No. 70067 which is the Chalet Court apartment site at 5301 Russell Avenue North. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Site Performance Motion by Councilman Kuefler and seconded by Bond (Viewcon, Councilman Fignar to release the site performance Inc.) bond in the amount of $3000 submitted by Viewcon, Inc. relating to Planning Commission Application No. 70047 which is the Brookdale East office building site at 5330 Brooklyn Boulevard. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed, Site Performance Motion by Councilman Britts and seconded by Council- Bond (Sheehy man Kuefler to release the site performance bond in the Construction Co.) amount of $10,000 submitted by Sheehy Construction Company relating to Planning Commission Application„ No. 70017 which is the Holiday Inn Site at 1501 - 65th Avenue North. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none.. The motion passed. Adjournment Motion by Councilman Britts and seconded by Council- man Fignar to adjourn the meeting. Voting in favor were Mayor Pro Tem Leary, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. The City Council adjourned at 11 :10 p.m. I f I � Lv�' erk Mayor Pro T f 15- 11-6-