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HomeMy WebLinkAbout1971 08-23 CCM Regular Session Minutes of the Proceedings of the city Council of the City of Brooklyn Center In t he County of Hennepin and State of Mi nnesota rrrn�wrrrrrr�ir. August 23, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 P. M. Roll Call Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Also present were: City Manager Donald Poss.. Director of Finance Paul Holmlund, Director of Public Works James I+.erila, City Attorney Richard Schieffer, Chief of Police Thomas O'Hehir, Administrative Assistants Tom Loucks and Blair Tremere, Motion by Councilman Ausen and seconded by Councilman Leary to approve the minutes of the August .9, 1971 Council meting as corrected. Voting In favor were: Mayor Cohen, Councilmen Leary and Ausen. Voting agai nst: none. (Councilmen Deck and Willard abstained because they were not present at the meeting). Motion carried. The ivaayor then recognized Chairman of the Youth Advisory Commission Mr. Tulare Kruger. Mr. Kruger explained a tentative timetable for a proposed symposium on local government and the role of youth in local government which would be presented In the Brooklyn Center High School. lie said the program could possibly develop into a youth government day wherein students could actually observe and participate In governmental functions. The Council concurred in principle with this idea and commended him for his efforts in developing the program. With respect to a vacant seat on the Youth Advisory Commission which is to be filled by an adult, Mayor Cohen and Mr. Kruger stated they had Interviewed I and wend recommending an applicant for the position, Mrs. Sharon Shuh. i A discussion ensued after which a motion was made by Councilman Heck and seconded by Councilman Leary to confirm the Mayor's appointment of Mrs. Sharon Shuh to fill the vacant adult seat on the Youth Advisory Commission for a term of one year. Voting in favor were: May Cohen, Councilmen Leary, Heck and Willard. Voting against: none. (Councilman Ausen abstained stating he had reservations concerning the role of the adult member on a committee functioning as a youth omranization rather- than as an advisory- committee on thL role and problems of youth.) �,_btion carried, The Mayor next recognized the immediate past President of the Brooklyn Center Jaycees, Mr. Jim Lavin, who presented a Certificate of Recognit'on to Mayor Cohen for his contribution to the accomplishments of the Jaycees over the past year. Mr. Lavin stated that through the efforts of Mayor Cohen and other City officials there had been an atmosphere for community development, there had been effective leadership in guiding the progress of the City of Brooklyn Center, and there had been interest in cooperation with the Jaycees as an organization and with the individuals in that group, -Mayor Cohen accepted the award on behalf of the City Council and thanked W. Lavin for his efforts in directing the projects of the Jaycees over the past year. The City Manager recommended that the Council approve a resolution which would establish September 27, 1971 as a public hearing date for proposed improvement assessments. He noted that the volume of projects was down from previous years and that the majority of the projects were related to the Brooklyn Center Industrial Park developmen t. Member Theodore W113,ard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -169 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS ON SBP'JAJiBER 27,, 1971 �1.. i 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, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary Introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -170 RESOLUTION PLACING ON FILE FIND OPENING FOR PUBLIC INSPECTION PROPOSED ASSESS,, &NTS rr�r� ■ .i�r ��.� r rr�.rr� The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted agaLust the same: none, whereupon said resolution was declared duly passed and adopted, Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -171 RESOLUTION AMENDING RESOLUTIONS NO. 71 --142 AND 71 -143 ADOPTED AUGUST 9, 1971 PERTAINING O T WATER MAIN IMPROVE - MENT PROIECT 1971 -18 -- - -- The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager presented to the Council a list of persons nominated to serve as election judges in the Primary Election to be held September 14 1971. Motion by Councilman Heck and seconded by Councilman WiUard to approve the following list of election judges for the Perry Election to be held September 14, 1971: District 1 Loretta Stewig 5455 Colfax Avenue North 5443 Dorothy Olson Logan Avenue North Ethel Meyers 5530 Judy Lane District 2 Marilyn Cashman 5622 Emerson Avenue North Everiel Larson 5620 Girard Avenue North Ethel Irving 6020 Emerson Avenue North District 3 Esther Durland 6851 Lyndale Avenue North Dorothy Boman 6419 Dupont Avenue North Rose Werner 1005 - 69th Avenue North District 4 Myrtle McQuillen 6912 Oliver Avenue North Adeline Lonn 6342 Fremont Avenue North Anna Adler 6733 Emerson Avenue North D3s__tr 5 Mary Pascoe 7060 Perry Avenue North Alice Madir 7024 Quail Avenue North Marjorie Grosshans 6920 Lee Avenue North -2- District 6 Geraldine Dorphy 4306 Winchefter Lane Emma Gageby 3200 - 66th Avenue North Alice Van Meerten 4519 Winchester Lane District 7 Agnes Roeber 5937 Zenith Avenue North Denise Hainlin 5936 Zenith Avenue North Janet Schmidt 5942 Xerxes Avenue North District 8 Phyllis Rydberg 3500 Admiral Lane Ethel Pettman 4919 Beard Avenue Noah Janice Keto 3918 France Place Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Mayor Cohen stated that the Council would commence: with public hearings for proposed improvement projects and he called upon Director of Public Works James Merila to explain the scope of the proposed project. After presenting a general explanation of assessment procedures Misr. Merila stated that the first project to be considered was the construction of sanitary sewer along Bryant Avenue North from 67th Avenue North to 69th Avenue Notch. He noted that.the project is required for the development of the Morningside Estates 2nd Addition. A discussion ensued during which can crn vr4s expressed that the project seemed to be mainly for the benefit of the building developer who intends to build in the area and whether the builder possessed the resources to proceed immediately with his development. The Mayor announced that the mectinq was open for the consideration 'of proposed Sanitary Sewer Improvement, Preiact No 1971 -13. The Clerk prduced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 19, 1971, which affidavit was ex- amined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement, After hearing and considering all objections, and the property owners appearing in favor of said improvement member Theodore Willard introduced the following resoluion and moved its adoption: RESOLUTION NO. 71 -172 RESOLUTION ORDERING CONSTRUCTION OF SANITARY" SEWER IMPROVEMENT PROJECT NO, 1971 -13 The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: John Leary, whereupon said resoluion was declared duly passed and adopted. Mr. Merila explained that the second proposed project was a water main improvement project which would be constructed along Bryant Avenue North from 67th Avenue North to 69th Avenue and along Colfax Avenue North from 69th Avenue North to approximately 660 feet feet south of 69th Avenue; and along 69th Avenue North from approximately 150 feet east of the center line of Bryant Avenue to approximately 540 feet west of the center line of Bryant Avenue North. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No, 1971 -14, -3- The. Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks` publication thereof in the official newspaper, the last publication being on August 9, 1971, which affidavit was examined and found satisfactory and ordered placed on file, The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement, After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -173 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVE- MENT PROJECT NO, 1971 -14 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: JWm Leary,, whereupon said resolution was declared duly passed and adopted, Mr. Merila then explained the next proposed project was street .surfacing for Bryant Avenue North from 69th Avenue to approximately 660 feet south of 69th Avenue and Colfax Avenue North, from 69th Avenue to approximately 660 feet south of 69th Avenue, The Mayor announced that the meeting was open for the consideration of proposed Street Surfacing Improvement Project No. 1971 -15. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 19, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present I to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -174 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVE IMPROVELZM R&Q=T NQ 1971-15 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard,,, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The next project was a proposed sanitary sewer which would run along Camden Avenue North from 70th Avenue North to approximately 750 feet north of 70th Avenue North, The Mayor announced that the meeting was open for the consideration of proposed Sanitary Sewer Improvement Project No. 1971 -16. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 19, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said irnpiover+ent member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -175 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER MPROVE- MENT PRO CT NO. 1971 -16 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted The next proposal was for a water main to be located along Camden Avenue North from 70th Avenue North to approximately 1310 feet north of 70th Avenue North, The Mayor announced that the me.ating was open for the consideration of proposed Water Main Improvement Project No. 1971 -17„ The Clerk prduced an. affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 19, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed imprcVemery, After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -176 RESOLUTION ORDERING CO 33TPUCTION OF WATER MAIN IMPROVE- MENT LTO. 1971 -17 -he motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon tote bc: ng taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Neck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mr. Merila introduced the next proposed project consisting of construction of a water main along Lyndale Avenue North from 67th Avenue to 69th Avenue. He noted that the proposal called for construction of the main on the east .side. . of Lyndale Avenue and that service to the west side of Lyndale Avenue will be augered under the roadway because the Minnesota Highway Department will not allow open cutting of Lyndale Avenue which is a trunk highways Mr. Jerry Sniliso, 6350 Lyndals Avenue Forth and Mr. David Berg, 6654 Lyndale Avenus North expressed t nir opposition to the project as proposed. Mr. Merila noted that the propcaGd project was p?.anned w2sth the consideration that all of the lots on the east side of Lyndale Avenue could be subdivided in the future and would thus create a need for water service from Lyndale Avenue. Councilman Heck commented that there were property owners along Willow Lane who were not assessed when the water main was installed there. The City Manager explained that the Willow Lane water main had been installed by two private builders who were developing certain properties along Willow Lane,, and that users are assessed when they connect to the water min, the builders being reimbursed over time from the user fees. Since some property owners have yet to connect to the main, not everyone has been assessed for the instal - ation of the water main. Mr. and Mrs, Wilda of 6822 Lyndale Avenue North stated their opposition to the construction of this water main as proposed because they felt it was unfair for them to be assessed for this main when they already had access to water from the Willow Lane main. Mr. Wilda asked whether the City had considered installing the proposed main on the west .side of Lyndale Avenue by gaining easements from the property owners there. -5- Councilman Willard responded that the actual location of the main was not really the problem at hand, he said the issue for the Council was the assess- ment policy and the need to be consistent with established policies and practices of the City. The Director of Public Works commented that the proposal called for the construction of the water main on the east side of Lyndale Avenue rather than the west side due to several design and legal problems, The City Manager noted that water systems are not only designed for domestic water useage, but for fire protection as well; it is therefore desirable that water mains be constructed in such a manner that they follow street patterns to facilitate access by the Fire Department, and that in this particular case the main would have to be constructed on the east side of Lyndale Avenue in order to follow the street. Mr. Strege, 6715 Lyndale Avenue North, Mr, Peterson, 6704 Lyndale Avenue North, and Mr. Forss, 6707 Lyndale Avenue North stated that they foresaw � the need for water service, and they were therefore in favor of the project. Mr. Carlson of 6725 Lyndale Avenue North and Mr, Nelson of 6816 Lyndale Avenue North both expressed concern over being assessed for the water main project whether or not they used the service. Motion by Councilman Leary and seconded by Councilman Heck to close the public hearing. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously, A discussion ensued wherein Councilman Heck and Councilman Leary stated that if the project were deemed necessary, there appeared to be two options insofar as the assessment on the water main was - ,orcerned. Either everyone in the area would be assessed uniformly, or the assessment might be deferred until residents actually initiated service Councilman Ausen noted, with regard to similar projects in the past, there had always been a number of restdents who opposed the installation of water or sewer systems, In those cases the Council had proceeded with the Improvements with the consideration that they were for the general and long -term public good. Councilman Heck stated that in this ins Lance area residents had initiated this proposal with a p Uon and :that it vvas not being made mandatary by plans initiated by the municipality. Thus,there were residents who want it and therefore asked for it, but on the other hand, there are those who do not feel they need it and therefore don't want the service at this time. Councilman Willard commented that the Council had never decided to defer assessments just because some residents in an area did not want the improvement or the uniform assessment. Mayer Cohen suggested that the Council at this time should consider whether the proposed project was de+emeu necessary and should consider the instant resolution, The Council could ten also consider Separately the matter of assessment, The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No, 1971 -18. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 9, 1971, whych affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the foHovdng resolution and moved its adoption: "6- RESOLUTION NO. 71-177 RESOLUTION ORDERING CONSTRUCTION OF WATER iMIN IMPROVE - LAE P O CT NO 1971- The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon { said resolution was declared duly passed and adopted. A discussion ensued concerning possible alternative assessment policies relating to the Water Main Improvement No, 1971 -18, Councilman Ausen stated that to be consistent with existing policy every divisible lot should be assessed with possible exceptions being made for extraordinary. cases, Councilman Willard stated that possibly the staff should be asked to examine each of the parcels and make a recommendation to the Council on the basis of this examination. He stated that all the properties that are clearly subdividable should be uniformly assessed. Motion by Councilman Willard and seconded by Councilman Ausen to table the consideration of the assessment policy relating to Water Main Improvement Project No, 1971 -18 until the September 13, 1571 Council wing at which time the staff will be asked to present a report of a field investigation of the divisible parcels of ]and in the affected area. Voting in favor were: Mayer Cohen., Councilmen Leary, Ausen r Heck and Willard. Voting against: none. Motion carried unanimously, Mr, Merila explained that the final portion of the proposed projects was a street restoration of Lyndale Avenue North from 67th Avenue to 69th Avenue, He noted that this project would restore roadway after the water main construction and would partially cover the cost of augerlW services under the roadway during the construction, He noted also that assessnWnts would include all the parties involved in the water main project 1971 -18 as well as Mr. Erickson, a property owner at 6701 Lyndale Avenue North, The City Manager informed the Council that street improvement projects are not legally deferrable as are sewer and water projects. He also noted that assessments for street projects are based on the total cost of the project and are not assessed according to a flat unit rate. A brief discussion ensued wherein Mr. Wilda of 6822 Lyndale Avenue North and Mr. Nelson of 6816 Lyndale Avenue North commented on the existing assessment policy, The Mayor announced that the Tm eeing was open for the consideration of proposed Street Restoration Improvement Project No. 1971 -19. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on August 19, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering during all objections, and the property owners appearing in favor of said improvement, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -178 RESOLUTION ORDERING CONSTRUCTION OF STREET RESTORATION OVEIIIIE PRO CT NO 971 -19 The motion for the adoption of the foregoing resolution was duly seconded by member Iohn Leary, and upon vote being taken thereont the following voted in favor thereof~ Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The meeting recessed at. 10:55 P. M. and resumed at 11 :15 P. M. The City Manager reviewed Planning Commission Application Rio. 71028 submitted by Zejdlik and Harmala, Inc. He explained that the applicant is requesting site and building plan approval for a 52-unit rental townhouse develop- ment to be located on a 5.9 acre site south of 68th and Orchard Avenues North. Mayor Cohen noted that several residents in that area were present and asked IV.uc, Loucks to explain the proposed development to them, A brief discussion ensued wherein Mrs. Casey of 6801 Orchard Avenue North and Mrs. Link of 6830 Orchard Avenue North expressed concern over the increased traffic volume in the area. The City Manager commented that the matter of traffic volume in that area should be looked at in the proper perspective in that there is now virtually no traffic in that immediate area. Thus while the traffic generated by such a development would be heavier than what currently exists, the resultant traffic volume in the area would be relatively light for a residential street. Mr. Zejdlik, representing the developer, informed the Council that he had discussed the proposed development and related problems at length with the area f residents and that the developer was willing to mitigate the major problems and that all feasible changes would be made. Motion by Councilman vifillard and seconded by Councilman Ausen to approve Planning Commission Application No, 71028 submitted by Zejdlik and Harmala, Inc. subject to the following conditions: 1. That the minimum land area requirements be reduced in amount of 20, 500 sq, ft, because the plan meets the intent of the Zoning Ordinance for granting such credits; 2 That Orchard Avenue south of 68th Avenue North be vacated and added to the proper'cy in question for density purposes; 3. That the applicant pmvide the City with a 30 ft. utility easement for in place utilities existing on the property; 4. That the parcel be replatted; S. Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 6. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 7. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. Voting in favor were: Mayor Cohen, Councilman Leary, Ausen, Heck and Millard. Voting against: none, Motion carried unanimously, The City Manager next reviewed Planning Commission Application No. 71027 submitted by K Mart, Inc. He explained that the applicant is requesting site and building plan approval for a 120, 000 sq. ft. retail facility to be located on a 12 acre tract east of john Martin Drive and adjacent to Highway 100 and Summit Drive. The City Manager further noted that the Planning Commission had given special consideration to the building plans which indicated that a mansord panel extending 5 ft. above the parapet wall would serve as the background for a 405 sq. ft. sign, and that interpretation of the Sign Ordinance classifies such a structure as a roof sign. The City Manager commented that the Planning Commission had recommended that the building plan be approved exclusive of any. signs. Mr. Van Rossum commented to the effect that a liquor license was not necessary to financially "bale - out" the Green Giant Restaurant but rather, a liquor license was desired to enhance the conversion of the Green Giant Restaurant from a strictly family oriented food service to a combination family and supper club orientation. Councilman Ausen moved and Councilman Leary seconded a motion to approve the liquor license application submitted by the Green Giant Restaurant, The Mayor called for a roll call vote. Voting in favor were: Councilman Ausen and Councilman Leary. Voting against: Mayor Cohen, Councilman Heck and Councilman 'Willard. The motion failed, Councilman Leary and Coumcilman -il illard left the meeting at 1:20 A. M. Councilman Willard returned at 1 :25 A.M. Member Howard Heck Introduced the following resolution and moved its adoption: j RESOLUTION NO. 71 -179 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1971 -D) The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the followd ng voted in favor thereof: Phillip Cohen, Vernon Ausen and Howard Heck; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 =180 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM ,CONTRACT 1971 -C) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Theodore Willard introduced the following resolution and moved its adoptions RESOLUTION NO. 71 -181 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE COOPERATIVE SIDEWALK CONSTRUCTION AGREEMENT NO. 56945 WITH THE STATE OF MINNESOTA$ DEPARTMENT OF HIGHWAYS The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and, moved its adoption: RESOLUTION NO. 71-182 RESOLUTION APPROVING TRUNK HIGHVIAY 152 BRIDGE PLANS AT THE SOO LINE RAILROAD 49TH A6ESNUE L;ORTH_______ The motion for the adoption.of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard,* and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -10- Mayor Cohen recognized Mr. James Karabec representing the developer, who stated that it was the feeling of the developer that the sign on the mansord panel was a part of the building and thus should not be considered a roof sign. The City Manager noted that the matter of the sign vras not a pivotal issue as to the approval of the application. Motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No, 71027 submitted by K -Mart, Inc, subject to the following conditions: 1. That the building plan is approved exclusive of any signs; 2. That in -place concrete curbing be utilized to delineate all driving and parking aisles; 3. That concrete curb specifications consistent with ordinance r i requirements will be utilized; 4. That the curb cut on Earle Brown Drive be redesigned subject j to the approval of the City Engineer; S. Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 6. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 7. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall he submitted to the City to guarantee site improvements as designated on the plans submitted; $, That the bermin g and lun,.=.a Pe P to review plans are subject e by the staff, Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none, Motion carried unanimously, The City Manager next reviewed the liquor license application submitted by the Green Giant Restaurant which was initially considered on June 14, 1971 and tabled for approximately 60 days. Mayor Cohen recognized Mr. Van Rossum who represented Green Giant Restaurant Division. Mr. Van Rossum stated the firm felt it qualified for a liquor license and it was prepared to commence with the renovation of the restaurant as soon as the license was granted. Councilman VT-Illaid summarized his views, noting points in favor of and points against issuing a liquor license to the Green Giant Restaurant. Councilman Ausen argued the need for a quality restaurant in the area occupied by the Green Giant Restaurant and offered comments in support of issuing a liquor license to the Green Giant Restaurant. Councilman Deck emphasized that the intent of implementing the split- liquor provisions through a City -wide referendum was to attract new businesse and to expand the tax base and that the Council should adhere to that intent. He stated that the matter is a practical one a especially in light of the fact that there are only five licenses available, one of which has been granted. Councilman Leary stated that he agreed with comments made by Councilman Ausen and that he supported issuance of a U censa to the Green Giant Restauranto Mayor Cohen d t after revieWmg the history of the develop- ment of the split - liquor law and after reviewing the basis upon which the split - liquor referendum was promoted, it was his opinion that the Council should adhere to the principle of using available licenses for attracting new businesses, at least until the limit on the number of licenses available for issuance was lifted,, Member Theodore Vuillard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -183 RESOLUTION CONTROLLING PARKING AND AGREEING NOT TO PERMIT ENCROACHME UPON T -OF -WA OFT. H NO. 152 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Theodcxe Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager commented that a Brooklyn Center Police Department squad car had been involved in an accident recently and that the car had been ajudged to be a total loss. He explained that the staff was in the process of consulting and negotiating with the other party's insurance company. He recommended that the Council authorize the replacement of the squad car via the County purchasing system, the acquisition being made through Iten Chevrolet at a cost of $3,,270.00, Motion by Councilman Heck and seconded by Councilman Ausen to authorize the replacement of a City Police Department patrol car through the County purchasing system at a cost of $3,270.00. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Millard, Voting against: none. Motion carried unanimous i u ly, The City Manager noted that the operation of the Brooklyn Center bus was not as successful as had been anticipated, and that Sunday bus service would be terminated, He stated that the staff had determined that there would be little detrimental effect and that this action could possibly allow expansion of the service at other times. Councilman Willard said that he was in the process of preparing a formal presentation for the Council at the next meeting. He said that he would offer the Council an evaluation of the operation of the Brooklyn Center bus system at that time,, Councilman Heck left the meeting at 1:40 A.M. Councilman Ausen noted that Judge Fossen had vvnitten the lv ayor about filling two vacancies on the 3roo;;lyn Center Charter Commission last spring. ayor Cohen cor.'mented that he had taken the matter into consideration and that he ti Tould inform Councilman Ausen as to any action which was taken. Motion by Councilman Willard and seconded by Councilman Ausen to table consideration of Planning Commission Application No. 71022 submitted by Merlin West until the September 13, 1571 meeting. It was noted that the applicant was not present at the Council meeting, Voting in favor were: Mayor Cohen, Councilmen Ausen and Willard. Voting against: none. Motion carried unanimously. Motion by Councilman Vuillard and seconded by Councilman Ausen to adjourn the meeting. Voting in favor were: May Cohen, Councilmen Ausen and Willard. Voting against: none. Motion carried nimously. The Council meeting adjourned at 1 :45 A, M. C c Mayor �1��