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HomeMy WebLinkAbout1977 10-24 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 24, 1977 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:30 p.m. Roll Call Mayor Philip Cohen, Councilmen Maurice Britts, Tony Y p Kuefler, Bill Fignar and Gene Lhotka. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Parks and Recrea- tion Gene Hagel, Director of Planning and Inspection Blair Tremere, City Assessor Peter Koole, and Admini- strative Assistants Ronald Warren, Brad Hoffman and Mary Harty. Invocation Councilman Britts offered an invocation. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 9 -19 -77 Fignar to approve the minutes of the September 19, 1977 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unani- mously. Approval of Minutes Motion by Councilman Lhotka and seconded by Councilman 9 -21 -77 Britts to approve the minutes of the September 21, 1977 special City Council meeting as submitted Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Presentation of Petition The City Manager introduced the first item of business on the agenda by reporting that Mrs. Jeanette Baker, 5012 Abbott Avenue North, had requested time on the City Council agenda to present a petition on behalf of the people living in the Happy Hollow Park area requesting the City of Brooklyn Center to not close the Happy Hollow Park skating rink. Mayor Cohen recognized Jeanette Baker who .had a number of children living in the area step forward and present the petition to the Mayor and members of the City Council. Mrs. Baker stated 151 people living in the area around Happy Hollow Park had signed the petition. She pointed I � out a number of children who skate at the park had signed the petition and their names are preceded by an X on the document. She further stated she had reviewed the minute of a recent Park and Recreation Commission meeting at which time the Commission had reaffirmed its recommends- tion:to close various skating rinks in the City. She noted the Commission had indicated they would not change their decision relative to their recommendation. She further stated she did not feel such an attitude was in the best interests of the citizens of Brooklyn Center, and added there are alternatives other than closing down completely some of the skating rinks in the City that would have an effect on conserving energy. She explained reducing the -1- 10 -24 -77 hours of operation and perhaps closing down skating rinks on Sunday would have an effect on conserving energy and yet would permit all of the skating rinks to be open. She felt all of the citizens of Brooklyn Center should share equally in trying to reduce energy consumption but the recommendation seems to affect some citizens more directly than others. Mayor Cohen requested Councilman Kuefler, who is the Council liaison to the Park and Recreation Commission, to explain the review procedure utilized by the Park and Recre- ation Commission in making its recommendation regarding the skating rinks Councilman Kuefler stated the Park and Recreation Commission had been requested by the City Council to review the matter last winter because of the problems associated with conserving natural gas and heating oil. He stated Chairman Johnson of the Park and Recreation Commission is present this evening and he is prepared to discuss the matter in more detail. Mayor Cohen recognized Chairman Johnson who stated that the Park and Recreation Commission was requested to review this matter in February, 1977 because of the energy crunch at the time. He explained the Commission had deliberated the matter extensively and had reviewed the idea of closing various skating rinks with members of the various Park Service Area Committees. He also explained a number of public meetings were held at which time the Park and Recreation Commission had discussed the matter. He further stated the Commission had felt the closing of a number of warming houses would have an effect on the energy situation and could possibly reduce the amount of gas consumed to heat these shelter buildings by approxi- mately 40%. He pointed out the recommendation was based on information received regarding the units of heat consumed at each of the shelter buildings and also attendance figures for the past two years which related to the use of the various skating rinks. He added the Commission's recommendation to keep various skating rinks open was also based on the location of these parks in terms of servicing the community. Chairman Johnson further reported at this time it is difficult to know what the energy situation will be like during the upcoming year. He stated the Commission had recently discussed its recommendation and had indicated they wished to adhere as much as possible to the recommendation made. He further stated the Commission had also considered the possibility of having ice available at skating rinks but not .Heating warming houses. He pointed out the Commission, at the time of the review, did not feel this was a feasible alternative. He noted he had an opportunity to discuss individually over the telephone with each member of the Commission recent concerns that have been raised regarding the closing of skating rinks. He stated the Commissioners had indicated they would like another opportunity to review the matter. Mayor Cohen suggested a public meeting be held by the Park and Recreation Commission to further review the matter and that Mrs. Baker be notified of the date and time of that meeting. 10 -24 -77 -2- Councilman Britts stated he had received a letter relating to a concern for closing the skating rink at Freeway. Park and passed the letter onto the Mayor. Action Acknowledging Following a brief discussion there was a motion by Council. Receipt of Petition man Britts and seconded by Councilman Fignar to acknowl- edge receipt of a petition from people living in the Happy Hollow Park area relating to the closing of that park's skating rink and to refer the matter back to the Park and Recreation Commission for further review ,and comment. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Environmental Health The City Manager introduced the next item of business, Program that of a request to authorize execution of an amended agreement with Hennepin County regarding the provision of community health services under the Community Health Services Act of 1976. He explained the recommended amendment would provide the City -with approximately $5,300 in additional revenue for its environmental health program. • A- brief discussion ensued relative to the request with the Director of Public Works commenting the effect of the agreement would be to provide additional funds for the environmental health program which would be used to help defray the costs of that program. Action Authorizing the Following a brief discussion there was a motion by Council- Execution of an Agreement man Lhotka and seconded by Councilman Kuefler to authority the Mayor and the City Manager to execute an amendment to the environmental health program agreement with Hennepin County. Voting in favor: Mayor Cohen, Council men Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Election Judges The City Manager reported the City Council has been furnished with a recommended list of election judges for the upcoming elections prepared by the City Clerk. Councilman Fignar reported he had received a call from a former precinct judge who felt she had been eliminated from the election judge process. He further reported that he had contacted the City Clerk and had been informed this person had not been eliminated from further considera- tion as an election judge. He explained he is aware of the need for a balance of both Democrats and Republicans on the election judge list, and he is also aware this Persons' name will be available for random selection in the upcoming year. A brief discussion ensued relative to the procedure for recommending election judges. Councilman Britts inquired as to the procedure utilized in recommending election Judges. The City Manager responded in some years more election judges are needed due to the type of election being held. He stated this being an off year election the number of judges needed is not as great. He explained the City Clerk uses a list developed by various volunteers, which includes suggestions by the various political '� -- parties, in making a random determination of the names -3- 10 -24 -77 to be recommended to the City Council for appointment as election Judges. Councilman Britts requested a report on how the list of election judges recommended to the City Council is prepared, specifically the procedures utilized in randomly selecting and priortiz ing the list submitted. Motion by Councilman Kuefler and seconded by Councilman Approval of Election Fignar to approve the following list of election judges: Judges Precinct 1 Loretta Stewig - D 5455 Colfax Avenue North Marian Smith - R 5431 Oliver Avenue North Donna Bennett R 2106 54th Avenue North Beverly Hoium D 5630 N. Lilac Drive Precinct 2 Dorothy Boman D 6419 Dupont Avenue North Eileen Smith - D 6330 Fremont Avenue North Adeline Lonn - R 6342 Fremont Avenue North Ethel Irving - R 6020 Emerson Avenue North Precinct 3 Evonne Chatelle - R 7006 Newton Avenue North Esther Durland - D 6851 W. River Road Sharon Finucane - R 7013 Morgan Avenue North Jean Schiebel - D 2120 70th Avenue North Precinct 4 Mary Pascoe - R 7060 Perry Avenue North Alice Madir - D 7024 Quail Avenue North Pat Bednarczyk - R 3624 Violet Avenue North Phyllis Petroski - D 4507 71 st Avenue North Precinct 5 Geraldine Dorphy - D 4306 Winchester Lane Alice VanMeerten - D 4519 Winchester Lane Galdys Leerhoff - R 4301 66th Avenue North Dorothy Rogers R 5207 65th Avenue North Precinct 6 Emma Gageby - D 3200 66th Avenue North Nancy Laffey - R 6006 York Avenue North Judith Dax - R 2814 Northway Drive Linda Lund - D 3 3 0 7 6 8th Avenue North Precinct ? Mona Hintzman - D 4018 58th Avenue North Barbara Forder - R 5936 Halifax Place Dawn Kiefer - R 62`18 Kyle Avenue North Carol Benkofske - D 4019 Janet Lane Precinct 8 Ethel Pettman - D 4919 Beard Avenue North Kathy Theisen - R 5 701 June Avenue North Dorothy Olson - R 3906 Burquest Lane Lorraine Wyman - D 3501 Admiral Lane Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. 10 -24 -77 -4- RESOLUTION Member Gene Lhotka introduced the following resolution NO. 77 -203 and moved its adoption RESOLUTION FOR FACSIMILE SIGNATURES 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -204 and moved its adoption: RESOLUTION FOR FACSIMILE SIGNATURES 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; 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. 77 -205 and moved its adoption: RESOLUTION DESIGNATING PERSONS AUTHORIZED TO ACT FOR THE CITY IN ANY OF ITS BUSINESS WITH THE DESIG- NATED DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. Metropolitan System The City Manager introduced the next item of business on Statement the agenda, that of a resolution recommended for the purpose of authorizing the Mayor and the City Manager to execute a stipulation agreement between the City of Brooklyn Center and the Metropolitan Council regarding the wording of Brooklyn Center's System Statement. He explained that in reviewing the System Statement the Council had expressed concerns about the language of the System Statement relating to the housing section and the transportation section. He explained these concerns have been relayed to the Metropolitan Council and an agreement as to appropriate language has been made. He reviewed the amended System Statement and commented if the wording is agreeable to the City Council and the resolution is adopted and approved by the Metro Council, there would be no need for a formal hearing on the matter. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -206 and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF STIPULATION AGREEMENT RELATIVE TO METROPOLITAN SYSTEM STATE- MENT AMENDMENTS -5- 10 -24 -77 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO.. 77 -207 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET SURFACING IMPROVEMENT PROJECT NO, 1977 -19 AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 -20, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -K) 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoptions NO. 77 -208 RESOLUTION PROVIDING FOR PUBLIC HEARING FOR STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -19 AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 -20 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next item of business on Public Hearing on the agenda, that of a public hearing for Alley Paving Improve Alley Paving Improve- ment Project No. 1977 -13. He explained this impovement ment Project No. 1977 -1 - project was for the alley between James Avenue and Knox Avenue from 53rd Avenue North to 54th Avenue North. The Director of Public Works proceeded to review the Alley Waving Improvement Project and stated the public hearing for this project was continued from the City Council meeting of September 12, 1977 to this evening to provide citizens in the affected area with information relating to the City's alley paving policy which calls for the use of blacktop paving rather than concrete. He explained at the hearing on September 12 questions and comments were raised regarding persons in the area favoring concrete alleys over bituminous alleys and the City Council had requested persons living in the affected area be sent a letter explaining the City's policy for constructing bituminous alleys rather than concrete alleys. He further explained a letter had been sent to persons affected by the proposed alley paving project explaining the..: policy and requesting those persons to indicate their opinion regarding whether or not the alley should be paved with bituminous or not paved at all. 10 -24 -77 -6- The Director of Public Works next reviewed a transparency showing the location of the proposed alley and the affected property owners. He stated all of the property affected by the project is owner- occupied property with the exception of the properties at 5316, 5322, and 5328 Knox Avenue which are owned by a Mrs. Lahti who lives in north Minneapolis. The Director of Public Works further ex- plained he had not received responses from all of the affected property owners, but five of the eight responding - were in favor of the bituminous alley. He next reviewed a data sheet relating to Alley Paving Improvement Project No. 1977 -13, stating the estimated cost of the project is $10,500, the assessment period would be for ten years and that the estimated assessment rate would be $7 per foot for a 14 foot right -of -way and $9.75 per foot for a 30 foot right -of -way. Public Hearing Mayor Cohen opened the meeting for purposes of a public hearing relating to Alley Paving Improvement Project No. 1977 -13 and recognized Mrs. Lahti, 4735 Emerson Avenue North owner of the property at 5316, 5322, and 5328 Knox Avenue North. Mrs. Lahti inquired as to the costs for maintaining bituminous alleys. The Director of Public • Works responded the costs for maintaining bituminous alleys are borne by the City and not assessed back to the property owners. Mayor Cohen inquired if anyone else wished to be heard relative to the Alley Paving Improvement Project. There being none, the public hearing was closed, RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -209 and moved its adoption: RESOLUTION ORDERING ALLEY PAVING IMPROVEMENT PROJECT NO. 1977 -13 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; 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. 77 -210 and moved its adoption: RESOLUTION ESTABLISHING ALLEY PAVING IMPROVEMENT PROJECT NO. 1977 -22 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -7- 10 -24 -77 Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -211 RESOLUTION ORDERING CONSTRUCTION OF TRUNK WATER MAIN IMPROVEMENT PROJECT NO, 1 977 -15, SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -16, STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -17, AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977-18. The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka; and upon vote being taken thereon, the following 'voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -212 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -21 The motion for the adoption of the foregoing resolution was ` duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -213 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (WATER MAIN AND SANITARY SEWER CONTRACT 1977 -I) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon, said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -214 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STREET GRADING, BASE & SURFACING AND CURB GUTTER CONTRACT 1977 -J) 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted 10 -24 -77 -8- Planning Commission The City Manager introduced the next item of business, Application No. 76002 that of consideration of Planning Commission Application (Fotomat, Inc. and United No. 76002 submitted by Fotomat, Inca and United National, National, Inc.) and Inc. and Planning Commission Application No. 77056 sub- Planning Commission mitted by Winchell's Donut House, Inc. and United Application No. 77056 National, Inc. (Winchell's Donut House, Inc. and United National, The Director of Planning and Inspection proceeded with a Inc.) review of Planning Commission Application Nos. 76002 and 77056 and the Planning Commission action at its October 20, 1977 meeting. He stated Application No. 76002 submitted by Fotomat, Inc. and United National, Inc. was a request for site and building plan approval for a freestanding drive -up photo processing store in the North- brook Shopping Center. He explained that this application had originally been considered by the Planning Commission at its May 6, 1976 meeting and had been tabled to permit the analysis of the ingress and egress of, and the traffic flow through, the Northbrook Shopping Center. He stated the staff had met with the applicant and the applicant's engineering consultant, as well as the County Highway Department, to discuss the matter of ingress and egress especially onto the County road. He explained during the interim, the applicant's consultant had prepared a revised parking plan for the shopping center. The Director of Planning and Inspection then reviewed Planning Commission Application No. 77056 submitted by Winchell's Donut House and United National, Inc. which was a request for site and building plan approval for an eating establishment in the Northbrook Shopping Center at 1912 - 57th Avenue North He stated both of these facilities (Fotomat and Winchell's Donut House) represent amendments to the shopping center and, in addition to the specific proposed construction, the plan approval included parking related site improvements to the center in general. He explained the former Morgan Avenue entrance, which at the present time was a heavily used ingress and egress, would be substantially modified to a "right in right out only" curb cut. He further explained that the major entrance would be the one located to the west of the Union 76 station adjacent to an in place left turn lane island in the County highway and a system of new concrete delineators was proposed within the center which would direct and guide traffic flow through the center. Regarding the proposed Winchell's Donut House, the Direc- tor of Planning and Inspection stated there would be no direct curb cut onto the County road but rather access would be directly from within the center and that the entrance point to the site was near the former Morgan Avenue curb cut. Regarding the Fotomat structure, the Director of Planning and Inspection explained that sanitary facilities were not proposed for that building and the Building Code permitted such uses provided formal agreement was reached with an adjacent site as to access to sanitary facilities for the Fotomat employees. He stated a form had been submitted last year representing an agreement between the Union 76 service station and Fotomat, and this agreement should be updated. -9- 10 -24 -77 a The Director of Planning and Inspection then reviewed a trans- parency showing the location and configuration of the property in question and various slides depicting the area. He next reviewed the site and building plans for Fotomat and the Winchell'!- Donut House, and explained the traffic delineation proposed to ease traffic congestion problems at the shopping center. Mayor Cohen commented on the problem of vehicles blocking the fire lanes at the Country Club store and stated the fire lane parking prohibition should be strongly enforced in this area. The Director of Planning and Inspection com- mented on proposed changes to the Morgan Avenue entrance and explained that persons using this entrance would only be able to exit and go west on the County road or enter the shopping center if they were traveling west on the County road. He further explained the radius of this entrance would be widened to accommodate delineated turning but would not be widened to accommodate more cars. He pointed out the main entrance to the Northbrook Shopping Center would be west of the present Union 76 service station. In response to an inquiry by Councilman Fignar, the Director of Planning and Inspection stated the number of parking spaces for the shopping center exceeds that required by the City Ordinances. Mayor Cohen recognized Mr. Ron Blake, representing United National, Inc. , who stated he had nothing further to add'to the application. Mayor Cohen inquired of Mr. Blake as to when the parking lot problems would be addressed. Mr. Blake responded that hopefully they will be able to begin work on these problems this fall. Mayor Cohen pointed out there are other areas where presently cars are parked illegally, particu- larly in the area of a recently demolished building. He requested solutions to this illegal parking be addressed administratively. Mayor Cohen then recognized a representative of Winchell's Donut House who responded to an inquiry by Councilman Lhotka by stating they plan to construct both the Winchell's Donut Houses at this site and also one on the previously approved site at 69th and Brooklyn Boulevard. Following further discussion there was a motion by Council Action Approving man Kuefler and seconded by Councilman Britts to approve Planning Commission Planning Commission Application No. 76002 submitted by Application No. 76002 Fotomat, Inc. and United National, Inc. subject to the (Fotomat, Inc. and following conditions: United National, Inc.) 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Prior to the issuance of permits the applicant shall submit written documentation, in a form approved by the City, constituting an agreement with an adjacent use with respect to the provision for sanitary facilities; and the hours of operation for the Fotomat facility shall not exceed those during which the sanitary facilities are available. 3. With respect to the related approved site improve- ments for the Northbrook Shopping Center, a performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 10 -24 -77 -10 4. Site and building plan approval is exclusive of all signery which shall be subject to the requirements of Chapter 24 of the City Ordinances. 5. The plat of the Northbrook Shopping Center, approved under Application No. 76025, shall be submitted to the City for final approval and shall be appropriately filed with Hennepin County. 6. The landscaping plans shall be detailed to include a minimum of four decorative trees as approved by the City along the east side of Building No. 2 and north of the Acme Typewriter parking lot; and ever- green shrubs and mulch shall constitute the land - scape treatment south of the building designated as Building No. 1. 7. All outside trash disposal facilities shall be appro- priately screened from view. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none The motion passed unanimously. Action Approving Following a brief discussion there was a motion by Council- Planning Commission man Britts and seconded by Councilman Lhotka to approve Application No. 77056 Planning Commission Application No. 77056 submitted by (Winchell's Donut Winchell's Donut House and United National, Inc. subject House and United to the following conditions: National, Inc.) 1. Building plans are subject to review and approval by the Building Official with respect to applicable code: prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure comple- tion of approved site improvements on the Winchell's site. Issuance of building permits shall be subject to the submission of a performance agreement and supporting financial guarantee for general site improvements as comprehended under Application No. 76002. 4. The plat of the Northbrook Shopping Center approved bnder Application No. 76025 shall be submitted to the City for final approval and shall be appropriately filed with Hennepin County prior to occupancy. 5. Site and building plan approval is exclusive of all signery which shall be subject to Chapter 34 of the City Ordinances. 6. Additional shrubbery, comparable to that indicated in the south greenstrip shall be provided along the east greenstrip shared with the Acme Typewriter Company. -11- 10 -24 -77 Voting in favor : Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. The Brooklyn Center City Council recessed at 9 :05 p.m. Recess and resumed at 9 :20 p.m. The City Manager introduced the next item of business Planning Commission on the agenda, that of Planning Commission Application Application No. 77044 No. 77044 submitted by Jesus People Church. (Jesus People Church) Mayor Cohen reviewed the procedures to be utilized during review of this application. He stated first the application would be reviewed and the City Council given the opportunity to ask questions regarding the application and then the applicant would be recognized to make a presentation relative to the application. He explained following any questions by the City Council to the appli- cant the meeting would be open for purposes of a public hearing. He requested persons being recognized give their name and address and added he would not recognize a person for a second time until all people wishing to be heard on the application have been heard. He explained after all persons have been heard, the public hearing would be closed and the City Council would then deliberate the matter. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77044 and the Planning Commission action at its August 25, 1977 and October 13, 1 977 meetings. He stated the applicant is seeking a special use permit and related site and building plan approval for a proposed church on the approximate 20 acre tract which is zoned R -3 lying north of I -94, south of Shingle Creek Parkway, between old and new Xerxes Avenue North. He further stated the proposed church development consists of a Phase I, including the main church building which would consist of an approximate 3,000 seat sanctuary with a potential for up to 4,200 seats, parking and an athletic field, He explained the second phase comprehends a school addition attached to the church. The Director of Planning and Inspection explained that, where- as churches and schools are specifically listed as special uses in the R -1 (single family and two family) zonin g districts, she R -3 zoning district, which includes this property, provides for "noncommercial uses required for the public welfare in an 1 -3 district, as determined by the City Council. He stated, therefore, a specific finding must be made by the City Council that the proposal represents a noncommercial use required for the public welfare in this zoning district, based upon a variety of considerations including the merits of the proposal, the nature of the permitted uses in the zone (townhouse/garden apartments and attached single family dwellings) and the impact of the proposed development. He further explained the zoning ordinance in Section 35 -220 states a special use may only be granted by the City Council after demonstration by evidence that five listed standards are met. He reported the applicant had submitted a letter to the file responding to the provisions for noncommercial uses in the R -3 district as well as to the special use standards. 10 -24 -77 -12- The Director of Planning and Inspection stated the Com- prehensive Plan recommendations for the northwest neigh- borhood state the City should promote the development of single family attached housing on the site, and that . single family group housing should be encouraged due to the general lack of suitable sites for such housing, and also because of the stated goal to provide a wide range of housing choice at different price levels. He explained if the application is approved a specific finding should be made in the form of an amendment to the Comprehensive Plan to the effect that the proposed special use is deemed to be an appropriate alternative to the single family attached housing. He added this finding would be con- current with the finding that the proposal was deemed to be a noncommercial use required for the public welfare in an R -3 district. The Director of Planning and Inspection reported the Plan= ning Commission had held a public hearing on the matter at its August 25, 1977 meeting and following a lengthy discussion on the matter had tabled further consideration of the application and referred concerns relative to housing to the Housing Advisory Commission, had directed the staff to analyze the applicable local and Metropolitan Council housing policies, refer the matter regarding amendment of the Comprehensive Plan and compliance with the special use standards to the northwest neighbor- hood advisory group, and requested the preparation of add'itional data regarding the inventory of churches and other tax exempt properties in the Brooklyn Center school district and also the preparation of a cross - sectional rendering showing the site elevation from the residential properties west of the subject site. He reported the Planning Commission again considered Application No. 77044 submitted by Jesus People Church at its October 13, 1977 meeting. He explained the Housing Commission had reviewed the application as requested by the Planning Commission and the Housing Commission had been polled for their opinions and had. generally concluded the Comprehensive Plan language should be observed and the land should be retained for housing purposes. He reported the northwest neighbor- hood advisory group had recommended approval of the application in that the church use represented a buffering "step down" land use from the industrial park to the single family housing, and as such was acceptable. He further reported in regard to Metropolitan Council Housing and Development Framework Guides, an updated Housing Guide has been prepared which identified Brooklyn Center as a "first priority area" for the development of housing, and the City was allocated a responsibility for meeting a share of the Metropolitan housing needs. He further stated the Development Framework Guidelines state existing comprehensively planned residential land within the Metropolitan Urban Services Area (MUSA) line should be used to provide housing or provide employment oppor- tunities. He further reported the Planning Commission again heard public comments on the application at its October 13, 1977 meeting and had recommended denial of the application in that the proposed use is not deemed necessary for the public welfare in the R -3 district. He -13- 1 10 -24 -77 briefly reviewed the Planning Commission's considera- tions in making this recommendation. The Director of Planning and Inspection then reviewed a transparency showing the location and configuration of the property in question and - various slides depicting the area. In response to an inquiry by Councilman Britts, the Director of Planning and Inspection stated that there is a 55 foot wide NSP easement on the west side of the property which can not be built on but can be used for open space activities, an athletic field or other similar uses. He stated the applicant has also requested the noise abatement wall planned for the south portion of the subject property not be built. He explained the applicant's rationale for the request is that the construc- tion of the noise abatement wall would preclude any view of the new building from the freeway which the applicant feels would be strong disadvantage due to passing traffic not being aware of the new building. The Director of Planning and Inspection then reviewed the site and building plans with the City Council and noted that the Planning Commission had made no recommendation with regard to these plans because it had not recommended approval of the special use permit. The Director of Public Works commented if the church is developed there will be some traffic congestion problems particularly on Sunday mornings. Councilman Fignar stated a memorandum relating to the Jesus People Church indicates there would not be major traffic problems. The Director of Public Works clarified that there would not be major traffic problems during peak traffic hours, but that with approximately 1, 300 cars utilizing the church parking lot there would be traffic congestion problems following church services. He explained the traffic congestion would be similar to traffic congestion at St. Alphonsus Church on Sunday mornings. He further explained there are possible ways to deal with these traffic congestion problems but that it would not be possible to completely eliminate them. The Director of Planning and Inspection next reviewed a map depicting the Brooklyn Center School District and the tax exempt property located within that school district. Councilman Kuefler inquired if there was any acceptable ratio of tax exempt property to nontax exempt property which could be used as an indicator to determine whether or not a community has too much tax exempt property. The City Manager responded by referring to a report prepared by the City Assessor relating to the assessed valuations in a number of communities and the percentage of the assessed valuation that is tax exempt property. He cautioned the information should be reviewed care - fully in that there may be a wide difference in how communities have kept their valuations of exempt property. He added the services demanded by tax exempt property are also important to keep in perspec- tive. He explained the City of Richfield has a. high amount of assessed valuation, over 50 %, that is tax exempt, but that this represents airport property which - emands lesser levels of service from the City. He added that 26% of the City of St. Paul's assessed valuation is tax exempt while Brooklyn Center's •is approximately 29%., He again cautioned on how these 10 -24 -77 -14 figures should be viewed, commenting that in some cases comparing these figures is like comparing apples with oranges. Mayor Cohen recognized Pastor Dennis Worre, representing the Jesus People Church, He stated that they feel this site is an 'ideal site primarily for two reasons: 1 . The accessibility to the site from freeways and major arteries will make the church convenient to the con - gregation which comes from all around the metro- politan area; 2. The cost and value of the land is affordable because it is residentially zoned property. He explained that if the church had to purchase commercial or industrial property, it would make it economically prohibitive to build. Pastor Worre stated that a number of the members of the Jesus People Church have indicated they would like to locate in the community close to the new church. He further stated that the location of the church in Brooklyn Center would be beneficial to the business community and that people would be coming into Brooklyn Center to attend church services and might well frequent Brooklyn Center businesses, In response to a question by Council- man Fignar, Pastor Worre stated that approximately 110 heads of households live in Brooklyn Center and are members of the Jesus People Church. Councilman Kuefler inquired if the Jesus People Church satellite facilities, such as the Shepherd's Inn and the Desciple Homes, would be located in Brooklyn Center if the church were built here. Pastor Worre responded these facilities would remain where they are and would not be moved into Brooklyn Center if the church were built Councilman Kuefler inquired further as to why the Jesus People Church was requesting that the noise abatement wall not be built on the south edge of the. of the property. Pastor Worre responded that they are only requesting that a portion of the noise abatement wall not be constructed and are doing so because they feel that the construction of the noise abatement wall would affect the visibility of the church from the freeway. Councilman Fignar inquired if screening along the west portion of the proposed site would help provide noise abatement for the residential area. The Director of Public Works responded the type of material used and the thickness and height of that material would make a difference in the effectiveness of that screening. Council- man Fignar inquired further if this screening would be of any help for noise abatement purposes. The Director of Public Works responded that the major concern would be the height of the noise abatement structure. He pointed out that in this area the noise abatement walls are approxi- mately 20 feet high. He added that to recommend moving the noise abatement wall to another location would require further study and analysis. In response to an inquiry by Councilman Lhotka, Pastor Worre stated they have undertaken an extensive search for a location for their church and were primarily looking for a site that would be accessible to their congregation which would be coming from many different directions. -15- 10 -24 -77 Ile explained that they had looked at a site located in Bloomington close to the freeway but it did not work out. Mayor Cohen opened the meeting for purposes of a public Public Hearing hearing and recognized Mr. Mike McEachern, 5352 Morgan Avenue North, who stated that he is not a member of the Jesus People Church but has attended a number of their services. He stated that he feels the location of the church in Brooklyn Center would be good for the people living in Brooklyn Center and the people in the immediate surrounding area. He-spoke in favor.of approving the special use permit and added that many people he knows and lives by are also in favor of the church. Robert Christoph, 5025 Upton Avenue South, Minneapolis, stated that he had noticed the comments made relative to the ramifications in terms of housing if the special use permit was approved. He further stated that the City Council should consider the types and amounts of services that would have to be provided if the property were developed residentially. He added that he felt the presence of the Jesus People Church in Brooklyn Center would have a positive impact on the com- munity in particular the youth of the community. Pastor Paul Swedberg of the Lutheran Church of the Master, 1200 - 69th Avenue North, stated that he felt the location of the Jesus People Church in Brooklyn Center would be a tremendous asset to the religious community as well as the community as a whole, and would be a great thing for Brooklyn Center. Kim Peters, 1308 - 69th Avenue North, explained that her life has been changed by the Jesus People Church and that she feels the church would be a big help to the community. An unidentified resident of Fridley explained that he was a member of the Jesus People Church and had recently purchased a home in Brooklyn Center. He explained that he has had the opportunity to discuss the location of the Jesus People Church in Brooklyn Center with a number of his new neighbors who feel the church would be good for the community. He too spoke in favor of the special use permit. Mr. Richard Theis, 3006 Thurber Road, stated he lives 75 feet from the property in question and has a deep interest in how the property is developed. He explained he has discussed the matter with a number of his neighbors who had opposed other proposals for the site primarily because they required industrial rezonings . He added that the neighborhood, in general, is resigned to the fact that the property will at some time will be developed and that he did not feel the neighbor- hood was opposed to the church development primarily because people living in the neighborhood are not present this evening to voice their concern. He commented on the City's Comprehen- sive Plan which addresses the need for buffers between residential and industrial properties. He stated he hopes the City Council will address this as an issue, explaining that he felt the church would be an adequate buffer for the neighborhood from the industrially zoned property to the east. Mr. Theis further state he has read in the newspaper about the concerns of the school district in regards to their tax dollar problem and the fact that if this property were developed residentially with approximately 160 single 10 -24 -77 -16- family attached dwelling units, it would have a positive effect upon the school district. He pointed out such a development would not be without its liabilities and commented on the estimated dollar amount to educate possibly as many as 1.50 children that might live in such a development. He stated that the City might well have to add to its police and fire budgets to adequately serve such a development. Regarding the noise abatement wall, Mr. Theis stated if the City Council approves the special use permit for the church, he hopes the noise abatement wall would not be eliminated. He further stated he feels the neighborhood needs such a noise abatement wall and would not favor a noise abatement wall along the west side of the proposed church site. He concluded his remarks by stating that he favors the location of the church at the site provided the noise abatement wall is not,changed. He added that if the noise abatement wall is eliminated or moved to along the west side of the site, he would not be in favor of the church proposal. Mayor Cohen then recognized Mr. Byron Brekke, 5536 Irvine- Avenue North, a member of Brooklyn Center School District No. 286 Board of Education, who stated that the school district is facing a declining enrollment and also that approximately 99% of the residential property in Brooklyn Center is already developed.. He pointed out that already in the school district there are six churches and a number c' other tax exempt properties. He explained that the Board of Education does not oppose the building of a church in the community, but rather its concerns rest solely with the use of R -3 zoned property, for purposes other than hous- ing and the adverse affect this would have on the school district. He also stated that due to the development of the freeway approximately 39 more homes within the school district will be lost. He reiterated that the school district is not opposed to church development but added that it seems that the Jesus People Church is not necessarily a community type church but rather a more regional type church. He concluded by stating that the school district feels the residential property should be retained, that the school district already has an abundance of tax exempt property within its boundaries, and that the school district facilities can accommodate a larger enrollment should the property be developed residentially. He added that he did not feel the business community of Brooklyn Center would necessarily benefit because of the location of the Jesus People Church. An unidentified gentleman who stated that he was from Plymouth stated that the noise abatement wall is not a major concern to the Jesus People Church. He explained the church proposal would provide an excellent buffer between the residential property to the west and the industrially zoned property to the east which would be beneficial to the surrounding neighborhood. He noted that the property in question had been zoned residential for approximately 10 years and had not yet been developed. He further stated that he felt development of the property by the church will help step up the fulfillment of the community. He added that a number of young families would, in all likelihood, move into the community with the development of the Jesus People Church and that the church would not only be a regional church but a local church as well. -17- 10 -24 -77 John Schneider, 4640 Vincent Avenue South, Minneapolis, stated that he has recently purchased a home at 62nd and Decatur Avenues in Brooklyn Park. He pointed out that his home will center around his church and that he sees the Jesus People Church as being a community church. He further stated that he felt the proposed site was an ideal location for a church and that it would be of benefit to the community. Merlin Harges, 6343 Dupont Avenue North, stated he has attended the Jesus People Church and knows what it stands for. He explained that it is more than just a church and has various programs and activities for young people. He further stated that the church has an ability to reach young people and has a positive effect on their lives, and that he felt this would be good for Brooklyn Center. He spoke in favor of granting the special use permit. Cheryl Asplund, 6736 Aldrich Avenue North, stated that the City Council should be concerned that granting this special use permit might well set a precedent that would be undesirable in terms of other similar property in the City. She explained that the standards of uniqueness and hardship associated with this special use permit are important items that should be looked at carefully by the City Council. Mr. McGeary, 3007 Thurber Road, stated that the open field which is the site for the proposed church has not been well maintained and that marijuana grows wild in that field at the end of Thurber Road. He expressed his desire that whomever is responsible would take care of it. He expressed no opposition to the proposed Jesus People Church and stated that there is not e tax problem in Brooklyn Center. He added that he feels the community needs the church. An unidentified citizen that lived in the vicinity of 62nd and Brooklyn Drive commented on the positive effect that the Jesus People Church has had on his life He stated that it would be a beautiful thing for Brooklyn Center to have the Jesus People Church located in the community, and that the church would be helpful and beneficial to the community. Barry Nelson of the Lord's Barn in Osseo stated that the Jesus People ministry caters to young people and their problems. He further stated that he felt there was a need for this church in the area and added that a community church will not develop until the church is in the community. He stated that he feels the church would be for the betterment of the community. George Mayleben, 6824 Emerson Avenue North, stated that he was satisfied that the Jesus People Church is a reputable church. He explained that he is not against the Jesus People Church but is rather for the Brooklyn Center School District. He emphasized that there are a number of churches in the community that are addressing the spiritual needs of the community. He stated that a number of the comments made thus far this evening seem to indicate that the community is not doing enough, but that he felt an effort is being made and that these needs are being met. He added that his primary concern has to do with problems the school district is having in terms of taxes He. concluded by stating that he did not favor a use for the property other than a residential use. 10 -24 -77 -18- An unidentified resident of Brooklyn Center commented on the problems his son had had at school and with drugs, and the positive effect the Jesus People Church had had on his son. He spoke in favor of the special use permit. Pat Peterson, 6823 Boone Avenue North, Brooklyn Park, spoke in favor of the special use permit. Mrs. Lahti, 4735 Emerson Avenue North, Minneapolis, owner of the property at 5316, 5322, and 5328 Knox Avenue North, stated she is not a member of the Jesus People Church but has heard a number of good things about the church and the positive impact it has had on a number of people. She added that she felt in the long run the church would be less costly to the community than would another development. She spoke in favor of the special use permit. Jim -Markeson, 5918 Upton Avenue North, commented on the impact the Jesus People Church has had on him. He stated that he felt the church would be beneficial to the communitl and spoke in favor of the special use permit. An unidentified woman from Robbinsdale stated that she had had a problem with drug addiction and that the Jesus People Church had a positive effect .on her life. She stated that she feels there is a need for this church in the community and that it would have a positive impact on the area Another unidentified woman stated that she favors the special use permit for the Jesus People Church and added that the community needs this type of church and that it would be an asset to the community: Roger Newstrum, President of Brooklyn Center Industrial Park, Inc., commented on a number of proposals that have been developed for the subject property that have not workC:_. out. He stated that there have been some proposals to rezone this property from residential to industrial, but that these plans have failed because of opposition to such a zoning. He added that he felt that the school district problems, in terms of taxes and declining enrollment, are such that this 20 acre parcel would have little effect on them. He further stated that he realizes the need in the inner ring suburbs for housing, but that he felt this need will be met through redevelopment rather than new develop- ment. He pointed out that he felt the Jesus People Church proposal makes good sense from a development standpoint and urged a favorable consideration of the special use permit. George Ridge of Anoka stated that the Jesus People Church proposal will contain the largest auditorium in Brooklyn Center and that this auditorium will be available to the community and would .be an asset. He too spoke in favor of the special use permit. James Fischer, 6330 Indiana Avenue North, also spoke in favor of the special use permit. Steve Carlson, 8108 Ewing Avenue North, Brooklyn Park, stated that he felt the development of this property will be an asset to local businesses in the area. -19 10 -24 -77 Councilman Kuefler inquired of Mr. Byron Brekke as to the effect a residential development on the site would have on the school district. Mr. Brekke responded that the effect would be positive in terms of taxes for the school district and State aids and that there would be no negative effects to the taxpayers. He explained that the school district` feels the present district facilities are more than adequate .and that the district could conceivably increase its pupil enrollment significantly with very little additional cost. Mayor Cohen again recognized Pastor Dennis Worre who stated that the nature of their congregation, which is primarily a young congregation, would have a positive impact on the school district because a number of families would move into Brooklyn Center because of the location of the church in Brooklyn Center and that this would have a positive impact on the Brooklyn Center School District. In response to an inquiry by Councilman Kuefler, Pastor Worre stated that the church school would be planned for the second phase of development and would be for Christian education purposes. He explained that he did not know whether or not this school would be similar to a grade school and that in all likelihood the school would be for members' families. Another representative of the Jesus People Church thanked those in attendance this evening who spoke in favor of the special use permit. He also urged the City Council to give a favorable consideration to the special use permit. Councilman Fignar left the table at 11 :12 p.m. Councilman Lhotka inquired of Mr. Newstrum if there Was additional land in the Brooklyn Center industrial park which could be rezoned to R -3 to accommodate potential housing needs if the special use permit was approved. Mr. Newstrum, responded by stating that it is possible for any land to be rezoned, but that because of economic considerations it would be out of the question. Councilman Fignar returned to the table at 11:14 p.m. Mayor Cohen read a letter from the Brooklyn Center Chamber of Commerce which supported the special use permit for the Jesus People Church. He explained that the letter would ` become part of the record for this application. Following further discussion there was a motion by Council- Close Public Hearing man Fignar seconded by Councilman Britts to close the public hearing. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Councilman Lhotka left the table at 11 :15 p.m. Mayor Cohen inquired if anyone on the Northwest Neighborhood Advisory Group had requested to be excluded from the delibera- tion and the recommendation made by that group because of a conflict of interest. The Director of Planning and Inspection responded in the negative. Councilman Lhotka returned to the table at 11 :17• p. m. 10 -24 -77 20 Councilman Fignar inquired if the Section 8 housing grants` being received by the City would be adversely affected if the City Council approved the special use permit. The City Manager responded he did not believe these grants would be adversely affected if the special use permit was approved. He pointed out the Metropolitan Council through its A95 review procedure utilizes its development guide when reviewing local communities requests for grants. He stated a decision to approve the special use permit, and thus change this site from potential residential use to another use, could be viewed as evidence by the Metro - politan Council in its A95 review process as an indication that Brooklyn Center is not meeting its housing commitment.. The City Manager explained the City of Golden Valley had requested a park grant and during the A95 review process it was noted Golden Valley provided no subsidized housing. He explained the Metropolitan Council refused to authorize the grant until that community had made provisions for subsidized housing. He stated that eventually Golden Valley complied with the Metropolitan Council's requests. Councilman Britts stated it seems that this request has an impact on a small school district that has a tax problem. He pointed out there are only two or three parcels of R -3 property left in the school district that are of this size, and that in the school district approximately 99% of the residential property is already developed. He inquired of the City Attorney as to what effect approval of this special use permit would have on other R -3 property in the City. The City Attorney responded that any time the City Council takes a specific action regarding a certain type of property in the City, other similar properties could likewise be affected. He explained the City Council would be hard pressed not to approve another similar special use in an R -3 district if it does so in this case. Councilman Britts further inquired of the City Attorney if this Council, or preceding Councils, has set a precedent in the past that may have an effect on the parcel in questio The City Attorney responded that he could not make a definite determination without further review and research of the matter. A discussion ensued relative to the Metropolitan Council's A95 review process. The Director of Planning and Inspec- tion explained that the A95 review process has been used by the Metropolitan Council as a sanction in their evalua- tions, and they have made it quite clear that each commune:: has specific commitments in terms of future housing need. He added based on information available that states that Brooklyn Center will need in excess of 2,000 new residen- tial units by the year 1990, we may well be deficient in meeting these commitments. He further explained that these allocations are for new housing units and do not take into consideration any redevelopment that might take. place. Mayor Cohen commented that the City Council might look at the possibility of utilizing Community Development Block Grants in terms of a housing assistance plan and that the Metropolitan Council has A95 review over these Community Development Block Grant funds. He stated the Council must not overlook the City's future housing needs and commitments. He further stated that a comprehensive park -21- 10 -24 -77 development plan is also being reviewed and the City may well be looking for various grants to fund some of the develop- ment contemplated under this plan, and the Metropolitan Council also has A95 review over these grants as well. He further commented that multi- family and townhouse units are in demand and that he is aware that some developers are interested in the subject property for residential development. He expressed the opinion that he did not feel the matter of residential development for this property has been agressively pursued by B. C. I. P. In response to an inquiry by Councilman Kuefler, the Director of Public Works stated that it would be difficult at this time to get a variance from the noise abatement walls proposed for the south edge of this property. He explained that the Pollution Control Agency has had variance hearings regarding noise abatement walls for this area and that such a request wa not made at the time. He stated that he felt it would be difficult to add such a request at this time: In response to an inquiry by Councilman Kuefler, the Director of Planning and Inspection stated that churches and schools are specifically listed as special uses in the R -1 and R -2 zoning districts, while in the R -3 zoning district the ordinance provides for special uses which are noncommercial uses required for the public welfare as determined by the City Council. He further stated that, as with all special uses, the zoning ordi- nance states that a special use may only be ranted b the g Y City Council after demonstration by evidence that five listed standards are met. He reviewed the standards and stated that the applicant had submitted a letter to the file responding to them. Councilman Britts stated that the City Council was faced with a tough decision. He explained that he has talked with many of the affected people, had attended the Planning Commission meeting at which the Planning Commission had made its recom- mendation, had attended a Housing Commission meeting at which a member of the Metropolitan Council HRA staff had spoken about future housing needs in the metropolitan area, that he is aware of the Northwest Neighborhood Advisory Group's feelings, that he is also aware of the declining enrollment and tax problems facing the school district, and that this parcel represents one of two or three parcels zoned R -3 that are of more than 15 acres in the City. He further explained that he is aware that other townhouses to the north and west of this site had been unsuccessfully developed and also B. C. I. P.'s concerns regarding not being able to find developers that are interested in developing this property residential. He further stated that consideration must go back to two previous questions that he had raised- -one being whether or not a decision - made regarding this special use would have future effects on similarly zoned R -3 property, and whether or not a precedent has already been set which would affect the property in question. He reported that the City Attorney had already stated that any decision made by the City Council with respect to this R -3 property will have an effect on future development of similar R -3 property and that there is need for future research to see if a precedent has already been set which would affect the property in question. 10 -24 -77 -22 The Director of Planning and Inspection stated that to the best of his knowledge there has never been an application similar to this with respect to R -3 property which would have established a precedent for this property. Mayor Cohen, referring to the problems faced by the Brooklyn Center School District, stated that this is not the first time that a school district has approached the City Council to seek help with respect to problems they face. He commented that the Osseo School District had asked for help to maintain all the commercial property possible along Brooklyn Boulevard because of an extreme shortage of commercial property for a tax base at the time; that the Robbinsdale School District was concerned at one time about future expansion of Brookdale Shopping Center and had requested City Council assistance; and that the Anoka School District has also approached the City Council with some of their concerns. He added that at one time North Hennepin Community College was offered for location in Brooklyn Center but that the City had determined, due to a number of similar considerations, that the college was not beneficial to this community but would be better located in Brooklyn Park. He further stated that the City Council must look at the future effects of this application in terms of housing as well as the other considerations. Councilman Lhotka stated that although he does not like it, the application must also be looked at from the standpoint of dollars. He explained that it is possible that Federal Revenue Sharing, after its current extension, might not be renewed and the City may well be faced with the problem of needing tax dollars to supplant the loss of Revenue Sharing funds. He added that from this standpoint, the City, as well as the school district, must be concerned about the amount of tax exempt property. He pointed out the City may also wish to seek various grants and that the Metropolitan Council has review authority over these grantE to see that a particular community is meeting various commitments. He stated that although he does not like the idea of the Metro Council telling a local community that they must do a particular thing to be eligible for a grant, it is a possibility that must be reckoned with. Councilman Kuefler complimented the Jesus People Church for their presentation and commented that all he has heard about the organization has been favorable and that it could be a positive thing for the community. He reiterated the points that had been raised for and against the application and stated that for the most part they seem to balance, or cancel out, one another. He explained that his major concern in reviewing this application has to do with housin and the challenge of providing good, adequate, and decent housing for the future. He stated that if he were a Council- man in Brooklyn Park or Maple Grove he would look favor- ably on the development, but that he does not feel that sue: a development as proposed for this residentially zoned property is ifi the best overall interests of the City of Brooklyn Center. He -spoke in favor of approving the Planning Commission's recommendation to deny the special use permit for the Jesus People Church. -23- 10 -24 -77 Councilman Fignar commented that he did not feel there was clear -cut information regarding whether or not approval of this special use permit would adversely affect the City's ability to secure various grants. He stated the City has taken advantage of funds available, and plans to again make use of these funds, for improvements to particular homes in Brooklyn Center, and that the HRA has considered using local HRA funds for rehabilitation purposes. He noted that presently there is a high -rise apartment complex in Brooklyn Center that makes available subsidized rents for low and moderate income families, as well as a number of other smaller complexes that are under construction and will make subsidized rents available. In addition to this, he stated that the Metro HRA Section 8 Rent Assistance Program is in operation in Brooklyn Center and has. proven effective. He further stated that he felt Brooklyn Center was doing its fair share to meet housing needs and that he was not convinced that the loss of 160 potential residential units would affect the City's ability to procure various grant funds. He commented that he is willing to gamble the City's record for meeting its housing needs against this possibility. Regarding the Brooklyn Center School District problems, Councilman Fignar stated that he felt there are others ways to address these problems and suggested that pressure be put on the State Legislature to allow the Brooklyn Center School District to annex part of the Anoka School District which would seem appropriate in light of the current energy problems being experienced and could also affect Brooklyn Center School District's declining enrollment. He added that he felt the church development would be a better develop - ment than some of the industrial developments proposed for the subject property. Regarding the housing issue, Councilman Fignar stated that he doubted that this property would be developed in the near future for housing purposes because of its close proximity to the freeway. He added that even if it were developed with townhouses he did not feel that this type of development would attract families with children that would help alleviate some of the school district's declining enrollment problems. He also expressed the opinion that there seems to be a:lot of undeveloped residential property within the Metropolitan Urban Service Area that will help meet the future housing needs of the metropolitan area. He reiterated that he did not , foresee this property being developed residentially within the near future and that the benefits of developing the property as proposed now, rather than later, would be good for the community, particularly the business community. He recom- mended a favorable consideration of the application. Councilman Lhotka commented that he too is not totally convinced that utilizing this property for other than housing development will adversely affect the City's ability to procure various grant funds, but added that he is not willing to take such a gamble and preferred a more sure manner of proceeding. Mayor Cohen stated that he knows the intrinsic value and benefit of the Jesus People Church because his sister -in -law is a member, but added that the application must be looked at in terms of long range effects on the City as well as the school district such as housing needs and taxes lost. He explained that there is a potential tax loss- of more than $280,000 a year in addition to a loss of State school aids 10 -24 -77 -24- i if the property was developed as proposed rather than fully developed residentially. He commented that he is also concerned regarding the ramifications an approval of this application would have on similar R -3 property , in the City. He pointed out that the levy limits and,fiscal disparities laws have diminished the benefits of a commercial /indus- trial tax base and that residential property is an important consideration. He explained that the Brooklyn Center School District has lost a lot already in terms of tax exempt property within the district. Regarding the matter of developing the property with hous- ing, Mayor Cohen stated that financing, subsidies, and apparently developers are available for developing this property residentially but that he does not feel B. C. I. P. has pursued this matter well enough. He concluded by stating that the issue is not the church itself, but rather where it is located and that he would favor the church development if the proposal was not for property zoned residential. Councilman Britts stated that he too would favor the church development on other than residentially zoned property. He added that he felt the church could be an asset to the community, particularly with respect to the work they do with youth, but because of his concerns over future housi: . needs and the potential adverse affects on the City's abilit to procure various grant funds, he could not support the proposal at this location. Councilman Kuefler stated that he too would support a commercial /industrial location for the church but was against utilizing residentially zoned property for the devel- opment. Action Denying Planning following further discussion there was a motion by Counci_ Commission Application man Lhotka and seconded by Councilman Kuefler to deny No. 77044 (Jesus People Planning Commission Application No. 77044 submitted by Church) the Jesus People Church in that the proposed use is not deemed necessary for the public welfare in the R -3 district by consideration of the following: I . The Comprehensive Plan recommends that single family attached housing be encouraged for this site due to the general lack of suitable sites, and to the need for a variety of housing styles and costs. 2. The loss of tax revenue represented by the proposed tax exempt church use is not in the best interests of the subject school district, which contains sub - stantial tax exempt land, or of the City. 3. The amount of R -3 zoned land in the City, and especially larger sites suitable for townhouse development or for a planned residential develop- ment, is limited. 4. Metropolitan Council Housing Guide stresses that a wide range of housing choices be provided at different price levels and that the fullest use be made of all residentially zoned land. -25- 10 -24 -77 5. There are other nonresidential sites available in , the area suitable for building which would preserve site.q such as this for housing. 6. The Housing Commission generally concluded that the land should be retained for R -3 development. 7. Although the land has not as yet developed under its existing zoning, townhouses and attached housing represent a feasible and marketable development. Any negative environmental effects caused by the proximity of the freeway can be minimized by proper:berming and landscaping. 8. The City should preserve its residentially zoned land for development of housing to meet it-s share of the metropolitan area housing needs. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: Councilman Fignar. The motion passed. The Brooklyn Center City Council recessed at 12 :13 a.m. Recess and resumed at 12 :32 a.m. The City Manager introduced the next item of business on the agenda, that of Planning Commission Application No. Planning Commission Application No. 7704$ 77048 submitted by James O'Brien. (James O'Brien) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77048 and the Planning Commission action at its September 14, 1977 meeting. He stated that the applicant seeks reaffirmation of the previously approved one and one -half to two story apartment project located at the northeast corner of 70th and Camden Avenues North. He explained that in 1969 a master plan was approved for a three part development known as Columbus Village and that the subject thirteen acre parcel was to have been the second phase of that project. He reported that the City Council had approved Planning Commission Application No. 73022 submitted by James O'Brien for a 168 unit apartment project to be known as "Villa LaVaca" . He added that on March 24, 1975 the City Council reapproved those plans for the renamed "Spanish Quarter" project. He explained that the present application represents a modification of certain site improve - ments, but is generally a reaffirmation of the original 168 unit complex. He further explained that this proposal represented the maximum density permitted under the former land area requirements in effect at the time of the initial approval. He pointed out that the density formula has since been changed, but that this change primarily affects smaller multifamily residential parcels. He ;:: noted that this parcel is one of the last remaining large multiple family residential parcels to be developed. The Director of Planning and Inspection reviewed a trans- parency showing the location and configuration of the property in question and reviewed the site and building plans with members of the City Council. A brief discussion ensued relative to the application. Mayor Cohen recognized the applicant's attorney who stated that he had nothing further to add to the application. 10 -24 -77 -26 Action Approving Planning Following further discussion there was a motion by Council Commission Application man Fignar, seconded by Councilman Kuefler to approve No. 77048 (fames O'Brien) Planning Commission Application No. 77048 submitted by James O'Brien subject to the following conditions: 1. Building plans are subject to approval by the building official prior to the issuance of permits. 2. Drainage, grading, utility and berming plans are subject to approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure com- pletion of approved site improvements." 4. Any significant changes from the approved land- scaping plan shall be subject to review and approval by the Planning Commission and City Council. S. All outside trash disposal facilities shall be appro- priately screened. 6. Parking lot delineators shall be installed at the ends of the open parking space area. 7. An additional tot lot or recreation area shall be located on the easterly side of the main roadway through the site. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka . Voting aga nst: none. The motion passed unanimously. Planning Commission The City Manager introduced the next item of business, Application No. 77058 that of Planning Commission Application No. 77058 (Gittleman Corporation) submitted by Gittleman Corporation. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77058 and the Planning Commission action at its October 13, 1971 meeting. Mayor Cohen left the table at 12:47 a. m. The Director of Planning and Inspection stated that the ap- plicant seeks approval of an amendment to the original site plans for the Twin Lake North apartment complex approved under Planning Commission Application No. 68002. He further stated that the applicant has proposed a 66 unit condominium project on the adjacent site to the west in the City of Crystal, and that this application represented a proposal for joint access to the proposed condominium project from the Brooklyn Center site along the existing driveway onto County Road 10. He explained that the pro- posed joint access to the Twin Lake North complex is apparently the most feasible access to the site versus other access through the City of Crystal. He stated that Hennepin;. County Public Works, in response to the proposed plat for the project, recommended that if there is to be access onto County Road 10, it should be in conjunction with the exist- ing curb cut to the apartment complex rather than through a new curb cut. He commented that at the time of the 1068 rezoning proposal for the Twin Lake North apartment site, the original developer had proposed an apartment project -27- 10 -24 -77 on the adjacent property in the City of Crystal, and informal conceptual approval had been given by Brooklyn Center for providing utility service to the project. He stated that although the applicant feels this development would be in common development with the Twin Lake North complex, the projects are located on two separate parcels in two cities and, therefore, legal documentation of a joint access agreement is required. He further stated that the City of Crystal had approved the conditional use permit on Tuesday, October 11 , 1 977. He next reviewed a transparency show - ing the location and configuration of the property in question. Mayor Cohen returned to the table at 12 :51 a.m. The Director of Planning and Inspection next reviewed the plans for the site with members of the City Council and a brief discussion ensued relative to the application. Mayor Cohen recognized the applicant, Melvin Gittleman of Gittleman Corporation, who reviewed a drawing and stated that the roadway will be half in Brooklyn Center and half in Crystal and that at the suggestion of the Brooklyn Center staff they have added right turn lanes into and out of the site. Councilman Britts inquired of Mr. Gittleman as to the turnover rate and occupancy rate of the Twin Lake North apartments. Mr. Gittleman responded that the Twin Lake North apartments have about a 997c occupancy rate and that the estimated average stay for persons living at that apartment is from three to four years. He added that the occupancy of the apartments is very stable. Following further discussion there was a motion by Action Approving Councilman Kuefler and seconded by Councilman Britts Planning Commission to approve Planning Commission Application No. 77058 Application No. 7705 submitted by Gittleman Corporation subject to the (Gittleman Corporati following conditions: 1 . Grading, drainage, utility and curb cut design plans are subject to approval by the City Engineer. 2. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 3. Appropriate documentation as approved by the City Engineer and the City Attorney shall be executed relative to the joint access, ownership, and main - tenance responsibilities and the provision for inspection and maintenance by the City, if neces- sary, of the common facilities. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion l passed unanimously. In consideration of persons in attendance Mayor Cohen Little League Property. requested that the City Council next address the matter Tax Exemption Status relating to Little League property tax exemption status. Councilman Fignar left the table at 1:04 a.m. and returned at 1 :05 a.m. 10 -24 -77 -28- The City Manager reported that in April of this year two local Little League organizations had made a request that the property they own and operate as Little League fields be exempt from taxation. He explained that the City Assessor at that time had responded by stating the Little League situation of owning and operating the Little League fields has traditionally been held liable for propert taxes. He further explained that other information has since been brought to the City's attention and that the City Assessor was present to report this information to the City Council. The City Assessor reported that since the time of his origi- nal response to the request he has become aware of a Little League park in St. Paul that was granted an exemp- tion from property taxes and is, in fact, exempt at the present time. He explained that on July 1 1977, he had requested a formal clarification of this situation from the Commissioner of Revenue and has just recently received the department's reply, which still holds that Little League parks are taxable and makes no mention of the St. Paul case. He further explained that he has been advised, off the record, by a member of the Commissioner of Revenue's staff that the City should request an Attorney General's opinion to clarify the matter. He stated that if the results of the Attorney General's opinion hold the parks taxable, action will be taken to put the St. Paul City park back on the tax rolls. A brief discussion ensued relative to the City Assessor's report. Mayor Cohen recognized Mr. Tom Gomilak, a representati% of the Brooklyn Center Little League, who stated that he feels the Little League is a legitimate public charity and that he supported action on the part of the City of Brooklyn. Center to obtain an Attorney Generals opinion regarding whether or not Little League properties are tax exempt. Action Requesting Following further discussion there was a motion by Counci! Attorney General's man Britts and seconded by Councilman Fignar to authorize Opinion the City Attorney to seek an Attorney General's opinion regarding whether or not Little League property can be tax exempt. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The City Manager introduced the next item of business, the Application No. 77055 of Planning Commission Application No. 77055 submitted (Gerald Jacobson) by Gerald Jacobson, 1821 Irving Lane North. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77055 and the Planning Commission action at its October 13, 1977 meeting. He stated that the applicant seeks a special use permit for a special home occupation at 1821 Irving Lane North. He explained that the zoning ordinance permits the employment of one nonresident person as part of a home occupation, and that constitutes a special home occupation requiring a special use permit. He explained that the applicant has stated that the nonresident person was employed to answer the telephone and to baby sit the applicant's school age children and that the only office activity would be conducted at the home, and that no trucks wbuld be stored there except his own pickup. He further stated that the zoning ordinance permits the parking of one commercial vehicle for the use of the occu- pant of the premises for transportation to and from his job. -29- 10 -24 -77 Following the Director of Planning and Inspection's presenta- tion a brief discussion ensued relative to the application. Mayor Cohan opened the meeting for purposes of a public Public Hearing hearing relative to Planning Commission Application No. 77055. No one spoke relating to the application. Following further discussion there was a motion by Councilman Action Approving Britts and seconded by Councilman Lhotka to approve Planning Planning Commission Commission Application No. 77055 submitted by Gerald Jacobson Application No. 77055 subject to the following conditions: (Gerald Jacobson) 1 . The permit is issued to the applicant as operator and is not transferable. 2. The permit is subject to all applicable ordinances, codes, and regulations, and violation thereof may be grounds for revocation. 3. The permit comprehends an office -type use in the home involving the employment of not more than one nonresi- dent person on the premises relative to the office use. The storage of materials, vehicles or the employment of additional personnel on the premises is prohibited. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -215 RESOLUTION AUTHORIZING THE PURCHASE OF SHADE TREES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefier, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Britts inquired as to the recourse an individual Licenses would have if they felt there was a case of a landlord raising rents indiscriminately or illegally.. The Director of Planning and Inspection responded that he felt the only recourse in such a case would be for civil action,. but that he would further review the matter and comment on it. Motion by Councilman Lhotka and seconded by Councilman Britts to approve the following list of licenses: CIGARETTE LICENSE ARA Services 2830 North Fairview North Star Dodge 6740 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Ricco's Cafe 5742 Morgan Ave. N. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Right Way Disposal 33 118th Ave. N. E. 10 -24 -77 -30- ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Mrs. Jaycees 5646 Girard Ave. N. (Haunted House) Brooklyn Center Mrs. Jaycees 5646 Girard Ave. N. (Bazaar) NONPERISHABLE VENDING MACHINE LICENSE ARA Services 2830 North Fairview North Star Dodge 6740 Brooklyn Blvd. Red Owl Country Store 5425 Xerxes Ave. N. PERISHABLE VENDING MACHINE LICENSE Red Owl Country Store 5425 Xerxes Ave. N. RENTAL DWELLING LICENSE Initial: Martha Lahti 5316 Knox Ave. N. Martha Lahti 5322 Knox Ave. N. Robert W. Johnson 6801 Scott Ave. N. Michael & Elizabeth Keiffer 5456 Emerson Ave. N. Renewal Donald P. Foster 5100 Brooklyn Blvd. Wilfird & Lillian Hollenbeck 5406 Bryant Ave. N. Alfred & Myrtle Herlitz 7037 Drew Ave. N. Dale C. Wegner 5935 Dupont Ave. N. Warren Samuelson LakeBreeze Apartments Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. RESOLUTION Member Bill Fignar introduced the following resolution and NO. 77 -216 moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in -favor thereof Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same- none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -217 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The. motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -218 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) -31- 10 -24 -77 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being `aken thereon, the following voted in favor thereof: Philip Cohen,' Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -219 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: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -220 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: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka and the following voted against the same::none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -221 RESOLUTION REQUESTING EXTENSION OF TIME FOR SUBMISSION OF METROPOLITAN LAND PLANNING ASSISTANCE GRANT APPLI- CATION 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same none, whereupon said resolution was declared duly passed - and adopted. Member Tony Kuefler introduced the following ordinance and ORDINANCE moved its adoption NO. 77 -15 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDI- NANCES REGARDING REZONING OF CERTAIN PROPERTY FROM R -1 TO I -1 THE CITY COUNCIL OF THE CITY OF BROOKLYN DOES ORDAIN AS FOLLOWS: 10 -24 -77 -32- I_ Section 1 . Section 35 -1200 of the City Ordinances is hereby amended, in part, by the addition of the following: The West 325 feet, as measured along the North and South lines thereof, of the following described property: that part of the Southeast 1/4 of the Northeast 1/4 of Section 35. Township 119, Range 21, lying North of the North line of Lot 2, Block 1', Brooklyn Center Indus- trial Park Plat 2, and the North line of Lot 1 , Block l , Twin Cities Interchange Park and its Easterly extension, and lying East of the East line of Lot 1 , Block 1, Brooklyn Center Industrial Park Plat 2 and its Northerly extension. The North line of said property being deter- mined by judicial Landmarks set pursuant to Torrens Case No. 4945. Section 2 This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 24th day of October, 1977. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. ORDINANCE Member Maurice Britts introduced the following ordinance NO. 77 -16 and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO REZONING OF CERTAIN PROPERTY FROM R -1 TO C -1 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS Section I. Section 35 -1170 is hereby amended, in part, by the addition of the following: • Lot 20, Auditor's Subdivision No. 57 Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 24th day of October, 1977. 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: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. - -33- 10 -24 -77 The City Manager introduced the next item of business, that ORDINANCE of an ordinance recommended for the purpose of amending the First Reading City Ordinances to reflect the 19 year old drinking age recently adopted by the State Legislature. Following a brief discussion there was a motion by Councilman Britts and seconded by Councilman Kuefler to offer for first reading an ordinance amending Chapter 11 of the City Ordinances to reflect the 19 year old drinking age. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business on the ORDINANCE agenda, that of a housekeeping amendment recommended for First Reading the purpose of adopting Minnesota Statutes by reference and updating various City codes to be in line with recently adopted State laws. He explained that the ordinance amendments apply to nuisances, petty offenses and also traffic regulations. Following a brief discussion there was a motion by Councilman Kuefler and seconded by Councilman Lhotka to offer for first reading an ordinance amending Chapters 19 and 27 of the City Ordinances adopting by reference the Minnesota Statutes. Voting • in favor: Mayor Cohen, - Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business on the ORDINANCE agenda, that of a housekeeping amendment to City Ordinances First Reading which would raise the maximum misdemeanor fine from $300 to $500 as authorized by State Statutes. He explained that the ordinance is in a format recommended by the City Attorney. Following a - brief discussion there was a motion by Councilman Lhotka and seconded by Councilman Britts to offer for first reading an ordinance amending the penalty sections of the City Ordinances of Brooklyn Center to reflect the changes in Minnesota Statutes. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager stated that at the time the liquor license was Liquor License authorized for the Ground Round restaurant such authorization Report was subject to an affirmative recommendation to the City Council following the designation and investigation of an on- site restaurant manager for the establishment. He explained that at the time the liquor license was authorized the Ground Round restaurant was not yet under construction and no on- site manager had been designated. He reported that William Casper Schoener, 199 West County Road C-2, Roseville, Minnesota has been designated by the Howard Johnson Company as the on -site manager for the Brooklyn Center Ground Round and that the police department has done a background investigation on Mr. Schoener and a copy of that report has been submitted to the City Council. He further stated that the police department's report indicates a favorable recommendation regarding the proposed on -site manager. Following a brief discussion there was a motion by Councilman Action Acknowledging Britts and seconded by Councilman Fignar to acknowledge Favorable Report and receipt of a favorable report and an affirmative recommendation Authorizing Issuance regarding the designated on -site manager for the Brooklyn Center of Liquor License Ground Round, William Casper Schoener, and to reaffirm the authorization of an on -sale intoxicating liquor license and an i on =sale intoxicating Sunday liquor license to the Howard Johnson I0 -24 -77 -34= Company for the Ground Round restaurant. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unani- mously. Open Forum Due to the lateness of the hour and the fact that there is a questionnaire relating to the open forum that will be dis- tributed with the Manager's Newsletter, Mayor Cohen recommended deferring further consideration of the open forum until another City Council meeting. Councilman Lhotka stated that the questionnaire in the Manager's Newsletter deals with only one aspect of the open forum that being a preferable time to conduct the open forum, and added that the City Council, as a whole, has never extensively discussed the other recommended procedures for the open forum. He suggested that the open forum be on the November 14, 1977 City Council agenda. Adjournment Motion by Councilman Kuefler and seconded by Councilman Britts to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 1:28 a.m. Clerk Mayor -35- 10 -24 -77