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HomeMy WebLinkAbout1976 06-28 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 JUNE 28 1976 CITY HALL Callao 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 Cohen, Councilmen Britts, Kuefler,, and Fignar. Also present were City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Adminis- trative Assistants Leon Beasley and Ronald Warren, Request to Councilman Britts announced that he would be out of be Excused town for the July 26, :1976 City Council meeting and requested to be excused. Approval of Minutes Motion by Councilman Kuefler and seconded by (Board of Equalization) Councilman Britts to approve the minutes of the 6 -8 -76 June 8, 1976 Board of Equalization meeting as sub - mitted. Voting in favor were Councilmen Britts, Kuefler, and Fignar. Voting against: none.. Mayor Cohen abstained as he was not at that meeting. The motion passed. Approval of Minutes Motion by Councilman Britts and seconded. by (City Council) Councilman Fignar to approve the minutes of the 6 -14 -76 June 14, 1976 City Council meeting as submitted. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Councilman Jensen arrived at 7:33 p.m. Acknowledging The City Manager introduced the first item of business Notice of Claim on the agenda, that of acknowledging receipt of a notice of claim filed against the City. He stated the claim is made on behalf of Gerald Wodarck in an amount of $1 .6 million for injuries suffered when struck by a car at the intersection of 61st and Brooklyn Boulevard. He explained that the claimants allege that the thoroughfare was unsafe and defectively designed and regulated, in that there is no crosswalk and that the speed limit is too high. A brief discussion ensued relative to the claim and the speed limit on Brooklyn Boulevard. The City Manager stated that Brooklyn Boulevard is under State juris- diction. Following further discussion there was a motion by Councilman Britts and seconded by Councilman Fignar to acknowledge receipt of the notice of claim and to refer it to the City's insurance carrier for disposition. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: nonee The motion passed unanimously. -1- 6 -28 -76 The City Manager introduced the next item of business, Review of Neighborhood that of a review of a neighborhood_ master plan recom- Master Development mended by the Planning Commission for properties Plan located between 68th acid 69th Avenues North from Lyndale to Bryant Avenues North. The Director of Public Works proceeded to review and explain the recommended utility and subdivision master plan for the area. He stated that review of this area came about as a result of a preliminary plat application submitted by the Word Aflame Apostolic Church to create four single - family lots on the southwest corner of 69th and Lyndale Avenues North. He explained that the request had been reviewed by the County Highway Department and State Highway Department, and both indicated they were not in favor of the subdivision which 1d require direct access either onto Lyndale Avenue (U.S. 'Hwy. 169) or onto 69th Avenue North (County Hwy. 130). The Director; of Public Works stated that public - meetings were held with the neighboring property owners to dis- cuss development possibilities for the area. He next reviewed a transparency showing the area of concern. The Director of Public Works stated that three of the 15 property owners were not in favor of the proposed plan and were not interested in evalbdividing. A brief cussion ensued relative to the proposed plan, the reaction of affected property owners, and possible con- demnation proceedings. In response to a question by Councilman Jensen, the Director of Public Works explained that approval of this master plan was a matter of approving a guideline for the development of the area and that adjustments could be made if circumstances warrant. Following further discussion it was the consensus of the Council to defer further review of this master plan until later in the meeting. The City Manager introduced the next item of business, Improvement Project that of public hearings for Improvement Projects 1976-1, Hearings 1976 72., and 1976 -3. He stated that 100% of the property owners affected by Improvement Project 1976 -3 are in favor of the project and, therefore, public hearings for that project are not required. Mayor Cohen reviewed the procedures to be followed for the public: hearing proceedings. He stated that the Director of Public Works would review the project and, following inquiry by the City Council, the public hearing would be opened. The Director of Public Works proceeded to review Improve- Improvement ment Project 1976 -1 which consists of street grading, Project 1976 -1 base and surfacing for construction of Woodbine Lane east of Bryant Avenue North to Camden Avenue North. He reviewed a transparency showing the location of the Project, stating that 64.5% of the property owners were in favor of the project. He further stated that the esti- mated cost of the project is $18,300, with $500 of that total being paid for by the City for maintenance of existing roadway. A brief discussion ensued relative to the improvement project and the property owners affected by it. 6 -28 -76 -2- Public Hearing Mayor Cohen opened the meeting to notified propterty owners. It was °noted that no one spoke relating :to the improvement project. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 76 -79 and moved its adoption. RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE &.SURFACING IMPROVEMENT PROJECT NO. 1976 -1 The motion for the adoption of the foregoing 'resolution was duly seconded by member Robert Jensen, -and upon vote being taken thereon, the following voted in favor thereof, Philip Cohen, Maurice Britts, Tony Kuefler,., Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.. Improvement The Director of Public Works proceeded to review Project 1976 -2 Improvement Project 1976 -2 which consists of street grading, base and surfacing for 72nd Avenue North east of Aldrich Court to Camden Avenue North. He reviewed a transparency showing the location of the :project, stating that 31:..3% of the property owners were in favor cf the project. He further stated that the estimated cost of the project is $18,5,00 with $1,22.0 of Ahat total being paid for by the City for maintenance of existing roadway. In response to a question by Councilman Britts regarding the fact that only property owners representing 31..3 % of the affected property were in favor of the project, the Director of Public Works explained that the remain- der of the affected property was City park property. The City Manager explained that approximately $11,,880 of the estimated cost of the project will be budgeted for in the Park and Recreation _Department budget. Councilman Britts inquired as to the status of a land lc,r:ked piece of .property in the area of the improvement project, and whether - or not the landowner has attempted to purchase a piece of park property to :gain = ;access onto the proposed 72nd Avenue North. The City Manager explained that the present owner of the property had obtained the property in question when it went,tax delinquent a few years ago. He stated that when pro- perty goes tax delinquent all special assessments are written off. He further stated that the owner of the property has asked the City to dedicate the portion of park property needed to gain access, which the City will do provided the owner will pay a price equal to that of the special assessments.. The City Manager explained that as of this date owner is not willing to do so. Public Hearing Mayor Cohen opened the meeting to notified :property owners. It was noted that no one spoke relating to the improvement project. RESOLUTION Member Bill Fignar introduced the following resolution NO. "76 -80 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1976 -2 -3- 6 -28 -76 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 Ffj` r, and Robert Jensen; and the following voted against the same. none, whereupon said resolution was declared duly passed and adopted. The next item of business was the continued deliberation Deliberation of Charter of Charter and ordinance revisions relating to the Fire and Ordinance Revision Department issue. Mayor Cohen recognized the City Attorney who proceeded to review a series of house- keeping changes to the second draft of the proposed ordinance. The City Attorney recommended that the Council declare a second reading and adopt the recom- mended second draft of the ordinance and then adopt, as a first reading, the proposed amendments to the ordinance. A brief discussion ensued relative to the proposed ordinance, the recommended housekeeping amendments, and the _City Attorney's recommendation, Mayor Cohen recognized Mr. Gary Market, attorney for the Fire Department, who stated that he had nothing further to add regarding the proposed ordinance. Mayor Cohen opened the meeting for purposes of a public Public Hearing hearing. It was noted that no one spoke relating to the ordinance. Councilman Britts inquired as to when a new Fire Chief would be appointed. Mayor Cohen responded that the proposed ordinance would not take effect until an authorizing Charter amendment is implemented. A brief discussion ensued relative to when a new Fire Chief could be appointed. Councilman Jensen commented that the proposed ordinance sets forth the procedures and means by which a Fire Chief can be appointed. In response to a question by Councilman Fignar, the City Attorney explained that the ordinance would not be effective until ninety days after the Charter amendment is adopted unanimously by the Council, which would probably be late October or early November. He stated that there seems to be nothing to prevent commencing the required procedures for selecting a Fire Chief under the proposed ordinance, so that a Chief could be appointed as soon as the ordinance becomes effective. Mayor Cohen again recognized Mr. Gary Market, attorney for the Fire Department, who stated that a Fire Chief could be appointed under the present ordinance. He stated that it would be inappropriate to wait, ;perhaps four months, for the appointment of a Fire Chief, in that developing the new procedures and selection criteria would take a long time. He recommended that the Council consider appointing a Fire Chief under the present ordinance. 6 -28 -76 -4- Mayor Cohen recognized Mr. George Heenan, spokes- man for the Brooklyn Center Volunteer Fire Department, who stated that the new ordinance involves a consider- able amount of change in procedures, personnel operations and changes to the Fire Department Bylaws which may take a long time to implement. He further stated that he feels the Fire Department has been with- out a Chief for too long a period of time and to go on longer without a Fire Chief is not in the best interests of the City. He recommended that the City move with prudent haste to appoint a Fire Chief under the existing ordinance. The City Attorney responded that suggestions to pro- ceed under the existing ordinance regress the whole situation back to November, 1975 when the City Manager was prepared to make such an appointment subject to testing procedure's which the candidates objectqd to. Mayor Cohen stated that this proposal is a new twist not discussed before. He commented that he was concerned that appointing a new Fire Chief under the existing ordinance could be considered bad faith on the part of the City in light of the involvement of the State Department of Human Rights in reviewing the selection criteria contained in the proposed ordinance. He expressed the opinion that appointing a new Fire Chief under the existing ordinance would not be appropriate. Councilman Fignar expressed his concern for deter- mining when a new Fire Chief could be appointed. Councilman Jensen stated that some of the selection procedures established in the proposed ordinance, such as peer evaluations, have already been accom- plished and that only the Oral Interview Board aspect of the proposed ordinance apparently remains. A length discussion ensued relative to the timetable and procedures of selecting a new Fire Chief. Following the discussion it was the consensus of the Council that the City Attorney and City Manager report on the procedures and mechanisms involved in the appointment of a Fire Chief. Mayor Cohen again recognized Mr. George Heenan, who stated that it was the Fire Department's expectation that the implementation of the proposed ordinance would take some time, and that he assumed the Fire Chief would be appointed under the current ordinance. ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 7679 and further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council the text of the ordinance shall be attached to the minutes and be a part thereof: AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES RELATIVE TO THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT The motion for the adoption of the foregoing ordinance was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor -5- 6-28-76 thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Councilman ` Britts and seconded by ORDINANCE Councilman Fignar to offer for first reading an First Reading ordinance amending Chapter 5 of the City Ordinances relative to the Brooklyn Center Volunteer Fire Department. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Mayor Cohen recognized Mr. Henry Dorff, Chairman of Presentation of the Brooklyn Center Charter Commission, who reported Charter Amendment that the Charter Commission at its June 23, 1976 meeting, had unanimously agreed to submit the revised Charter amendment to Section 6.02 of the City Charter and to recall the Charter amendment presented to the City Council on May 24, 1976. He proceeded to present a copy of the recommended Charter amendment to the clerk. Following a brief discussion there was a motion by Action Acknowledging Councilman Britts and seconded by Councilman Kuefler Receipt of Charter to acknowledge receipt of the revised Charter amendment. Amendment Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously, A brief discussion ensued relative to an effective date of the Charter amendment. The City Attorney stated that the Charter amendment would not be effective until ninety days after publication and unanimous adoption of an amending ordinance. Following further discussion there was a motion by Action Establishing Councilman Kuefler and seconded by Councilman Britts Public Hearing for to direct the City Manager to prepare and publish the Charter Amendment Charter amendment in accordance with legal requirements in order that a public hearing may be held on August 9, 1976. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against; none. The motion passed unanimously. The Brooklyn Center City Council recessed at 9010 p.m. Recess and resumed at 9035 p.m. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 75035 Application No. 75035 submitted by Jack Welsh. He stated that the application (Jack Welsh) is for a variance from the side yard setback standards and was tabled indefinitely by the City Council on December 8, 1975 to explore side yard setback alter- natives and to determine a method and timetable for citizen input on the matter. He reviewed a chronology of events from July 10, 1975, when the applicant first suggested a plan to convert an attached garage to living space which would encroach on the minimum side yard setback requirement, to June 14, 1976, when the Jaycees Community Attitude Survey results were presented to the Council. He stated that the application is now before the City Council for final disposition. Mayor Cohen commented that the results of the Jaycees Community Attitude Survey 4�how that 75% of the respon- 6 -28 -76 -6- dents indicated they desired no change in the minimum side yard setback standards. Councilman Britts complimented the Jaycees for their work on the Community Attitude Survey- He commented that the Council seems now to be 'bask at the same point where it started, in that if the Council does not change the ordinance it must consider the variance request. Councilman Jensen stated that approximately 75% of the survey respondents say do not change the present ordinance, but, he pointed out, there were a number of comments which indicate that -under certain persons should be a1lowed encroach on the .side yard setback requirement.. He further stated that he is of the opinion that persons favor allowing the conversion of existing structures, that are ,under the -same roof line, even if they do not meet 'the side yard require- ments, but they do not favor permitting an addition to a home that would encroach on these requirements.. Councilman Fignar stated that results of this survey arse not surprising, in that many people move to the suburbs to get away from crowded conditions,. He further stated that if neighbors do not object to such a conversion and encroachment, as in the applicant's case, - then the Council should consider these types of variance requests on an individual basis- He commented that economic considerations are a factor that should be considered in requests of this nature, and that he favors approval of Mr, Welsh's variance request- Councilman Kuefler referred to the Jaycees survey and stated that citizens are saying do not change the setback standards in the ordinance, either directly or indirectly through variances. He commented that if the Council permits - this variance it must be prepared to permit allside yard variance requests, and that in effect the ordinance standards will then be changed by permitting such variances. A discussion ensued relative to questions asked in the Jaycees survey and to the rationale of permitting the conversion of old construction to encroach on the standards while prohibiting new construction the same encroachment capabilities. In response to a question by Mayor Cohen, the City Attorney stated that applying different standards to old construction and -new con- struction would not be legally defensible., in that if setback standards are needed for health, safety, and welfare purposes then those standards shotd d apply uniformly to all properties. Further discussion ensued relative to the precedent of permitting the variance and the difference between accessory buildings and primary structures. Mayor Cohen recognized the applicant, Mr. Jack Welsh, who stated that he is aware of only two similar variance requests in the past seven years and that based on this fact the Council would not be setting a precedent by granting his variance request. He further stated that the Council has permitted such a conversion and vari- ance from side yard setbacks in a similar case,, and should also consider this fact in granting his request. -7- 6-28-76 Mayor Cohen stated the opinion that the Council cannot legitimately permit this request under the standards for a variance contained in the ordinance. He noted that the Council has requested and received input on the side yard setback question from the citizens through the Jaycees survey, from the Planning Commission, and from the City Attorney. He stated that the citizen survey strongly indicates the ordinance should not be changed and the Planning Commission has recommended denial of the application, he, therefore, is not in favor of granting the variance. Councilman Kuefler stated that as a Councilman he must consider the wishes of the majority of the people as well as legal advice regarding the matter. He commented that the majority of citizens do net want the standards changed and also that the standards for a variance have not been met in this instance and he, therefore, favors denying the application. Motion by Councilman Britts and seconded by Action Approving Councilman Fignar to approve Planning Commission Planning Commission Application No. 75035 submitted by Jack Welsh for a Application No. 75035 variance from Section 35 -400 to permit dwelling setback (Jack Welsh) of five feet on premises at 6930 France Avenue North. Voting in favor were Councilman Britts, Jensen, and Fignar. Voting against: Mayor Cohen and Councilman Kuefler. The motion p assed. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 76011 Application No. 76011 submitted by Dr. Robert Schell. (Dr. Robert Schell) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76011 and the Planning Commission minutes of March 11, May 6, May 27, and June 24, 1976, relating to the application. He Mated that the applicant is requesting the rezoning, from R -4 to C -1, of a 90 x 170 foot parcel lying approximately 200 feet west of Humboldt Avenue on the north side of 69th Avenue North. He explained that the property was zoned R -4 in 1968 as part of the comprehensive zoning, apparently in an effort to provide an intermediate land use between the R -1 land to the west and the corner to the east which was zoned C -2. He stated that the Planning Commission was con - cerned that such a rezoning would constitute "spot zoning " and had suggested that the applicant discuss with the property owner the possibility of rezoning the adjacent parcel at 69th and Humboldt Avenues North from C -2 to C -1 , in order that the entire strip of property be similarly zoned. He explained that the property owner, Mr. Horbal, was not receptive to this suggestion. He further .stated that the Planning Commission had voiced other concerns about the rezoning request and had recommended denial of the rezoning in Planning Commission Resolution No. 76 -4, which states the following rationale: 6 -28 -74 -8 1 There is a substantial amount of available C-1 zoned land throughout the community which could support the applicant's proposed use; 2. Rezoning the subject parcel to C -1, -apart from the adjacent vacant C-2 parcel and prior to development of the C-2 zoned parcel, would: a . Prematurely alter the intended character of the property -, as , an intermediate land use; b. Constitute "spot zoning"; and c Establish an undesirable precedent in this area which contains additiona undeveloped residential zoned land. 3. Service/office and clinic facilities in the northeast neighborhood can be established through the use of existing commercial land and developments in the area. The Director of Planning and Inspection next reviewed ,a transparency showing the location of the R -4 zoned :property and its relation to the' R-I zoned property to the west and-the C1172 - zoned property to the east. --A brief discussion ensued relative to the concept of " spot zoning . Councilman Jensen stated that the - applicant is not requesting that a certain portion of the - property be rezoned, and inquired of the City Attorney if this request would legally constitute "spot zoning". The City Attorney responded that "spot zoning" comprehends a number of problems, but is generally defined as that action which is done to serve 'a private and is in the best interests of the City. He stated that to rezone from R"4 to C-1 in this casewould in by 'Itself, constitute "spot zoning". He stated that there seemed to be , enough , other reasons to either support or deny the application, and cautioned: the Council that any action , taken be - well , documented. ' Mayor Cohen the applicant, Dr. - Robert ,Schell, who proceeded� to explain his request for - rezoning. He stated he' intends to build a two-man dentist office on the - site and only needs this amount of property - to :accomplish- this purpose. He explained that - he° had contacted* the owner of the property, Mr. 'Horbal, in an to rezone both the R-4 - and C-2 - properties to' . He stated that Mr. Horbal was , not receptive this idea unless Dr. Schell would purchase the entire amount of property which he is not in need Dr. Schell explained that it is his inten- �tion bring dental service to an area of the City that is not presently serviced by a local dentist. He - concluded by stating that his plans for the dentist office will -- meet-alt requirements of the ordinance, will not traffic congestion problems, is not . opposed by residents of the area, and will provide -:a . much needed service to the northeast portion of the community. -9- 6-28-76 In response to a question by Councilman Kuefler, Dr. Schell stated that his plans are for two dentists and four other employees for a total of six persons employed in the office. In response to an inquiry from Councilman Fignar about renting office space in the Humboldt Square Shop- ping Center, Dr. Schell explained that he would like to own his oven facility and that Humboldt Square cannot accommodate much of his noise producing apparatus that would normally be located in abasement. Mayor Cohen opened the meeting to notified property Public Hearing owners. It was noted that no one spoke relating to the application. A lengthy discussion ensued relative to the compatibility of buffering R -1 property with either R -4 or C -1 zoned properties; the types of land uses permitted in the C -1 zoning district; and the matter of other available land in the immediate area which could accommodate; the applicant ®s need. Mayor Cohen recognized Mr. Robert Foreman, Chairman of the Brooklyn Center Planning Commission, who . pointed out the Planning Commission's major concerns in their recommended denial of the application. He explained that by rezon -,ng this property from R -4 to C -1 , the City may be setting an undesirable precedent for similar rezoning requests along Brooklyn Boulevard and also along 69th Avenue North. He stated that the Commission also considered the request to be a matter of "spot zoning" in light of other available, properly 2 property in the area. Following further discussion there was a motion by Action Tabling Councilman Kuefler and seconded by Councilman Fignar Planning Commission to table Planning Commission Application No. 76011 Application No. 76011 submitted by Dr. Robert Schell to a subsequent Council (Dr. Robert Schell) meeting and to direct the City Attorney and City Manager to update information relating to "spot zoning" as it pertains to the subject application for review and comment by the Planning Commission prior to further Council action. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application Nos. 76036 and Application Nos. 76036 76039 submitted by Lund- Martin Co. and 76039 (Lund - Martin Co.) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76036 and the Planning Commission action at their June 10, 1976 meeting. He stated that the applicant, which represents Medtronic, Inc. requests site and building plan approval for a 25,898 square foot manufacturing facility to be located at the northeast corner of 67th and Shingle Creek Parkway. He ported out that the Planning Commission was concerned with the aesthetics of the building under the original site and building plans which proposed three stainless steel ventilation stacks: approxi- mately 12 feet in height above the roof level. He explained that the applicant has since developed a different method of venting the various areas of the building which does not require the venting stacks. 6 -28 -76 -10- Mayor Cohen. left the table at 11:35 p.m. and returned at 11:38 p.m. The Director of Planning and Inspection next proceeded with a review of Planning Commission Application No. 76039 and the Planning Commission action at their June 24, 1976 meeting. He stated that the applicant requests a variance from Section 5-302 of the City Ordinances, which requires automatic fire extinguish- ing systems in new construction, such as the manufacturing facility proposed by the applicant. He explained that the variance comprehends two areas in the facility which are shown on the plans as "dry rooms" having a critical controlled humidity. He stated these rooms are production areas for the initial manufacture of special batteries where the basic raw material used is the metal lithium. He stated that lithium becomes corrosive when exposed to water or humidity and that, leper ding on the degree of exposure and rapid cor- rosion, a potential hazard exists due to a combination of the gases formed and the heat generated by the reaction. He explained that the standard automatic extinguishing systems are ineffective in suppressing and extinguishing lithium based reactions or fires. He reported that the variance comprehends the use of alternative extinguishing methods and emergency pro- cedures in two specific rooms noted on the plans. He stated that the balance of the facility was to be equipped with the ordinance required automatic extin- guishing systems. He further stated that the Assistant Fire Chief had reviewed the building plans and had attended a detailed discussion session with the appli- cant as to special equipment and procedural needs. He pointed out that the applicant had indicated that City Fire Department personnel would be afforded opportunities for ongoing training in the handling and use of lithium, particularly in emergency situations. He concluded by stating thatthe Planning Commission had recommended approval of the variance through Planning Commission Resolution No. 76-3. The Director of Planning and Inspection next reviewed a transparency showing the location of the property and the site and building plans, pointing out the pro- posed berming, curb cut, parking area, and landscaping features, Action Approving Following a brief discussion there was a motion by Planning Commission Councilman Jensen and seconded by Councilman Britts Application No. 76036 to approve Planning Commission Application No. 76036 (Lund-Martin Co.) submitted by Lund-Martin Co. for a manufacturing facility at 6700 Shingle Creek Parkway subject to the following conditions: 1.. Building plans are subject to approval by the Building Official with respect to applicable codes prior to issuance of permits. 2. Grading, drainage, berming and utility plans are subject to approval by the City Engineer. 3. A performance agreement and supporting financial guarantee (in an amount to be deter- mined by the City Manager) shall be submitted to assure completion of approved site improve- ments. -11- 6-28-76 4. Plan approval comprehends compliance with the ordinance automatic fire extinguishing system requirements per Chapter 5, throughout the building, no variance is granted or implied by this action. The request for any such variance shall be treated under a separate application. 5. Any roof top mechanical equipment and outside trash disposal facilities shall be appropriately screened. 6. A 5 foot wide walkway easement along the northerly boundary of the property as approved by the City Engineer shall be provided. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against none. The motion passed unanimously. Following a brief discussion there was a motion by Action Approving Councilman Fignar and seconded by Councilman Britts to Planning Commission approve Planning Commission Application No. 76039 Application No. 76039 submitted by Lund - Martin Co. on behalf of Medtronsc, (Lund- Martin Co.) Inc. , noting that the applicant has demonstrated by evidence that the standards for a variance set forth in Section 5 -303 are met, and subject to the following.- 1. The variance is granted for the specific use proposed, namely, production of batteries involving the use of raw lithium metal, and is for the specific areas designated as "dry on the plans comprehended under Application No. 76036. 2. The variance is granted for the duration of this use in the designated areas; and an automatic fire extinguishing systems shall be provided in those areas if said u.e ceases, upon change of ownership, occupancy or nature of the operation. 3. The owner shall provide ongoing opport.- ities for training of Fire Department personnel in the familiarization of the use and handling of lithium, the potential hazards, and the effective means of coping with lithium and related materials in an emergency environment. 4. The owner shall provide alternate supplemental - signaling and alarm devices, in conjunction with the required automatic system which shall be installed on the balance of the premises; on site extinguishing equipment and materials; and emer- gency procedures as deemed appropriate by the City Fire and Inspection Departments. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against none. The motion passed unanimously. 6 -28 -76 -12- Planning Commission The Director of Planning and Inspection introdu-cedthe Application No. 76037 next item of business on the agenda,, - that , of, , Pla-nning (North Suburban YWCA) Commission Application No. 76037 submitted by North Suburban YWCA, and proceeded with a.review of the application and the Planning Commission action at their June 10, 1.976 meeting,.. He , statedtheappli- cant seeks a special use permit to operate a nursery school, at the Brookdale Covenant 'Church, 5,139 Brooklyn Boulevard.. He further stated - that , the facility would be for 3 to 5 year old children and beAn operation during week day mornings. September through May . He explained that the premises had been inspected by the Building Official and the applicant informed of necessary improvements and that - the maximum nu mb,*-,r of s permitted in the nursery is an audible fire alarm system is installed. Mayor Cohen recognized Mary Finnegan, Director of the Mrth Suburban YWCA, who stated t s hat� he , 't - space e of the nursery provides 35 square feet -per child. Public Hearing Mayor Cohen opened the meeting to notified property owners. It was noted that-no spoke relatiTig:tol-the application. Action Approving Fullowing a brief discussion there wa:s-a-motion by Planning Commission Counc-'Iman Britts and seconded:by Council - - n Application No. 76037 Kuefler to approve Planning ',C(.immissicrn--A (North Suburban YWCA) No, e 76C'17 submitted by the North - ,Suburban , r - je- �, ,uD -t to the following- 1 The permit is,issued to the aprplicanta s operator of the facility and is not-trarrsferable. 2. The permit is subject to -all applicable ordinances, - codes and -regulation =.aad vic,lation thereof shall be groundsIor-revo- c 3. A copy of the current State license shall be kept on file with the City. 4. The permit is subject to annual.-review— Vct in favor were Mayor Cohen, Co -until en Britts, Kuefier, Fignar, and Jensen. Voting against: :none. The motion passed.unanimously. Councilman Britts left the table at 12 returned at 12: a.m. Planning Commission The Director of Planning and Inspection .introduced the Application No. 76038 next itr--, of business, that of Planning Commission (Dayton's Home Store) Appiicaticn No. 76038 submitted: -:by Daytons Home Store and proceeded with a I review of the application and the Planning Commission action-at- their June 10, 1976 meeting. He stated that the applicant, who is represented in this by Gabbert and l.Beck, the developers of the Westbrook Mall, -prlopose.�a_con- necting link between the Dayton's Home ,:Store =amd Westbrook Mall. He further stated that the- ' connection would be on the west side of the Horne store -and the east side of the Mall. -13- -6-28-76 The Director of Planning and Inspection next proceeded with a review of the site plans which include under- ground irrigation, berming around the perimeter of the parking lot, ,and various plantings. Mayor Cohen recognized the applicant, Mr. David Beck, who stated that he had nothing further to add to the application. Following a brief discussion there was a motion by Action Approving Councilman Fignar and seconded by Councilman Kuefler Planning Commission to approve Planning Commission Application No. 76038 Application No. 76038 submitted by Dayton's Home Store, subject to the (Dayton's Home Store) following conditions, 1. Building plans are subject to approval by the Building Official with respect to applicable codes. 2. Grading, drainage, berming, and utility plans are subject to approval by the City Engineer. 3. A performance agreement and supporting financial guarantee (in an amount to be deter- mined by the City Manager) shall be submitted to assure completion of approved site improve- ments. 4. The common corridor shall be equipped with an automatic fire extinguishing system per City ordinance. 5. The underground irrigation system „hall include the sodded boulevard area between the property line and the street line. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting,against, none. The motion passed unanimously. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption- NO. 76 -81 RESOLUTION EXPRESSING RECOGNITION OF AND APPRE - CIATION FOR THE DEDICATED PUBLIC SERVICE OF THE BROOKLYN CENTER JAYCEES 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 Robert Jensen, and the following voted against the same, none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption, NO. 76 -82 RESOLUTION EXPRESSING RECOGNITION OF AND APPRE- CIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. KAREN HENDRICKSON 6 -28 ( -14- The mct r-'an 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 Robert Jensen; and the following voted against the same- none, whereupon said resolution was declared duly passed and adopted. Human Rights Mayor Cohen reported that Commissioner John Commission Martina en had submitted his resignation from the Human Resignation Right; Commission. He stated that Mr. Martinsen was moving from Brooklyn Center and was, 'therefore,'unable to continue with his appointed term. Motion by Councilman Jensen and seconded by Courc l:�n Fignar to accept the resignation of John Mart' n�7onn a a member of the Human Rights Commission offective Immediately, and to direct the City Manager to prepare a resolution of commendation. Voting in favor were: Mayor Cohen, Councilmen Britts a Kuefler, Fignar, and Jensen. Voting against. none. The' motion passed unanimously. RESOLUTION Member 'T= - ny Kuefler introduced the following resolution NO. 76 -83 and r~ n-v'ed its adoption. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 76008 SUBMITTED BY DAVID FADDLER AND SUPPLEMENTARY RESOLUTION NO, 76 -6 The no -ticri for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof. Philip Cohen, Maurice Britts, Tony Kuefler, and Rotor: Jensen; and the following voted against the same° Bill Fignar, whereupon said resolution was declared d - ,�.Iy passed and adopted. RESOLUTION Membor Maurice Britts introduced the following NO. 76-84 and moved its adoption'.' RESOL72 AUTHORIZING BACKUP FUNDS IN AN AMOUNT 'NOT EXCEEDING $750 FOR THE BROOKLYN CENTER. BICENTENNIAL COMMISSION The rncticn for the adoption of the foregoing resolution war,. 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 Robert Jensen; and the following voted against the same.- none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following NO. 76 -85 resolution and moved its adoption. RESOLUTION AUTHORIZING PURCHASE OF BUDGETED MOBILE RADIOS THROUGH COOPERATIVE PURCHASING WITH THE CITY OF MOUND -15- 6- 28 -76. 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 Robert. Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -86 RESOLUTION AMENDING THE 1976 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and 'Robert Jensen; and the following voted against the same- nose, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following RESOLUTION resolution and moved its adoption: NO. 76 -87 RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same- none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption. NO. 76 -88 RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1976 -3 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 Robert Jensen; and the following voted a against the same: none, whereupon said resolution was declared dully passed and adopted. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption. NO. 76 -89 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STREET GRADING, BASE & SURFACING CONTRACT 1976•A) The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof. Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 6 -28 -76 -16- Licenses The City Manager reported that there are four additions to the list of recommended licenses for the Council's ccnsideration. He stated that all licenses have been verified by the responsible officials and include the following: Brooklyn Historical Society —Itinerant Food Estab- lishment. License Brooklyn Center Jaycees - Itinerant Food Estahlishment License Brooklyn Center Jaycees - Temporary On -Sale Nonintoxicating Liquor License Brooklyn Center Mrs. Jaycees - Itinerant Food Establishment License Motio, b; Councilman Britts and seconded by Councilman Jensen to approve the following licenses: GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Atla Disposal Service 228 Master St. Bergstrom Tricking 6509 76th Ave. N. Blu.eboy Service, Inc. 6764 Colorado Ave. N. Countrywide Sanitation, Inc. Box 46 Dick's Sanitary Service, Inc. 3517 85th Ave. N. Edina Morningside Sanitation Route I, Gypsy :Lane G & H Sanitation, Inc. Gypsy Lane Gallagher's Service, Inc. 9151 Central Ave. N. E. Guys Dispoal Stacy, MN Hilger Transfer Company 6721 59th Ave. N. Maror ey's Service Route 3, Box 30A Metro Refuse 9837 3rd Ave -. S. Robbinsdale Transfer Co. 4004 W. Broadway D. Shobe and Sores 3621 85th Ave. N. Whi kern, Sanitation 4251 Thomas Ave. N. Art Willman & Son 51 28th Ave. N. Woodlake Sanitary Service 4000 Hamel Road GASOLINE SERVICE E S ATION LICENSE Brooklyn Service Center 6901 Brooklyn Blvd. Humboldt Avenue Service 6840 Humboldt Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Shopper's City, Inc. 3600 63rd Ave. N. ON -SALE NONINTOXICATING LIQUOR LICENSE Rioco's Cafe 5742 Morgan Ave. N. RENTAL DWELLING LICENSE - Ronald & Marlene Johnson 5341 -43 Penn Ave. N. Renewal- Darrell A. Farr Dev. Co. 4201 -07 Lakeside Ave'. Sigmund Bona 5207 Xerxes Ave. N. Al Krawiecki 5209 Xerxes Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. Transfer; John Kucheska 4811 Lakeview Ave. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. -17- 6 -28 -76 Member Maurice Britts introduced the following RESOLUTION resolution and moved its adoption: NO. 76 -90 RESOLUTION REGARDING CONSUMER COMMUNICATIONS REFORM ACT OF 1976 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 Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The next item of business was the continued review of Continued Review the neighborhood master development plan deferred of Neighborhood earlier in the meeting. The Director of Public Works Master Development proceeded to further review the various aspects of the Plan plan. Discussion ensued relative to construction of a cul -de -sac that would gain access to the Word Aflame Apostolic Church property. Alternative possibilities for a cul -de -sac in the area were also discussed. Motion by Councilman Kuefler and seconded by Councilman Fignar to approve the neighborhood master development plan. Councilman Britts stated that he felt the plan needed further review prior to any authorizing action. Following further discussion Councilman Kuefler withdrew his motion and Councilman Fignar withdrew his second of the motion. Motion by Councilman Jensen and seconded by Councilman Britts to table consideration of the neigh- borhood master development plan for further review. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against. none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Adjournment Councilman Jensen to adjourn the meeting. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12088 a.m. Clerk Mayor 6 -28 -76 -18-