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HomeMy WebLinkAbout1975 06-02 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 2 1975 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 Cohen, Councilmen Jensen, Fignar and Kuefler. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund,, Director of Planning and Inspection Blair Tremere, City_ Attorney Richard Schieffer, and Administrative Assistants Ron Warren. and James Lacina o Councilman Britts was excused. Invocation The invocation was offered by Reverend John Faehrmann from the Lutheran Church of the Triune God. Approval of Minutes Motion by Councilman Fignar and seconded by Councilman 5 -19 -75 Jensen to approve the minutes of the May 19, 1975 meeting as submitted. Voting in favor were- Mayor Cohen, Council - men Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Declaration of Surplus The City Manager introduced the first item of business on Property the agenda, that of declaring surplus property. He reported that presently the City has two obsolete typewriters which he recommended declaring surplus property and offering for sale at the City auction on Saturday, June 14, 1975, or otherwise dispose at the best interest of the City. Motion by Councilman Kuefler and seconded by Councilman Fignar to declare two typewriters surplus property and offer for sale at the City auction on June 14, 1975, or otherwise dispose at the best interest of the City. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against- none. The motion passed unanimously. Resolution Awarding The City Manager next reviewed a resolution awarding costs Open Space Contract for the final portion of the Open Space Program which com- menced in 1969, The City Attorney briefly commented on the proceedings for condemnation of the final parcel. He noted that it consi.stad of a parcel known as the peninsula which contained approximately 8 acres. He commented that at the eminent domain proceedings, the Commission awarded $38,000 for the parcel, He further noted that the owners were asking in the neighborhood of $150,000 to $175,000. He then stated that after appeal through district court, the court awarded $35,000 plus expenses for the parcel. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 75 -100 moved its adoption- RESOLUTION AUTHORIZING THE PURCHASE OF MINN. OSA -82 PARCELS 4 AND 4A INCLUDED IN THE CITY OPEN -SPACE APPLICATION AND PAYMENT OF RELATED COSTS -i - 6 -2 -75 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, Tony 1Kuefler, 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. 75 -101 RESOLUTION REGARDING DISPOSITION OF AMENDMENTS TO PLANNING COMMISSION APPLICATIONS NO. 72010 AND NO. 72059 SUBMITTED BY THE DIETRICH COMPANY 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, Tony Kuefler and Bill Fignar; and the following voted against the same- Robert Tensen, whereupon said resolution was declared duly passed and adopted® Councilman Jensen explained that his vote of opposition related to item 5 stating that he felt it should authorize 7 units rather than l 1 m The City Manager introduced the next item of business, that Planning Commission of consideration of Planning Commission Applicaticrs Nom Application Noe 75001 75001 submitted by Ryan Oldsmobile. He reported that the (Ryan Oldsmobile) applicant was seeking amendment to the site plan special use permit of an existing car dealership The Director of Planning and Inspection next reviewed the minutes of the Planning Commission of May 22, 1975, when the application was heard. He commented that the applicant had undertaken unauthorized site work consisting of the removal of several trees and planter delineators. He noted that to remedy this work the applicant hay. submitted an updat -ed site plan indicat -I g existing conditions as well as proposed landscape improvements. He indicated that the large area to the rear of the garage, indicated as future storage on the original plan submitted by Velie Olds, was now being used for storage and it ohould thus be upgraded. He reviewed the original approved site plan for Velie Olds and compared it to the plan submitted by the applicant. Councilman Jensen inquired as to the removal of the existing trees. The Director of Planning and Inspection, replied that the trees that were removed were of substantial size and located in concrete planters throughout the car display area A brief discussion ensued relative to the proposed planting of trees along the street limes; Councilman Fignar inquired as to the requirement for other dealers in the boulevard area. The Director of Planning and Inspection noted that none of the other dealerships presently have trees in this areas Councilman Fignar commented that he felt it was difficult to require improve- ments in this area that were not required of other dealerships. Mayor Cohen noted that the applicant was not present and suggested tabling the application until later time on the agenda 5 -2 -75 -2- Public Improvement The next item considered was a series of public hearings on Hearings alley improvement projects. The City Manager noted that these hearings consisted of projects that were petitioned for by the property owners. He briefly reviewed the problems of the alleys in the area and commented to the recently adopted alley improvement policy. Mayor Cohen then 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 to interested persons who are a part of the project. The City Manager then noted that the public hearings con- sisted of Projects No. 1975 -1 through 4 and also Project No. 1974 - which was approved last year, He noted that Project No. 1974 -29 was being reconsidered in conjunction with. the recently adopted policy which called for alleys instead of the approved concrete alley. Improvement Project The Director of Public Works then reviewed Alley Improve - No. 1974 -20 ment Project No, 1974 -20. He noted that he had been in contact with the residents and explained to them the alley policy and the philosophy of asphalt pavement versus con- crete. H: - 1 ,1 1 - ata d that the residents expressed concern for the change in the proj relative to this area. He neat reviewed slides of alleys in Crystal, noting the condition and the constrTtj.ction. He noted that asphalt alleys in this area were in good condition, and that it was the general consensus that the citizens were satisfied with the mainte- nance. He there reviewed a series of slides depicting Minneapolis alleys. The Director of :Public Works next reviewed transparencies depicting the implementation of the existing uniform alley policy. He al °sc. reviewed the assessment policy and the proced�lure for paying the assessment, He stated that inriprovement Project No. 1974 -20 consisted of an alley improvement project between Logan Avenue North and Morgan Avenue North from 53rd Avenue to 54th Avenue. He noted that the initial petition and improvement project was approved for concrete and not asphalt pavement in accordance with the recently adopted alley policy. Mayor Cohen thcnni commented that last fall at the public hearing a concrete alley was estimated at $12,600 with a cost range of $12 to $15 per assessable foot. The Director of Public Works then noted that at today's prices this pro - ject would ccst approximately $16,000 at the time of bid opening. Mayor Cohen recognized Mr. Anderson of 5319 Logan. Mr. Anderson noted his concern for the use of blacktop instead of the originally petitioned for concrete. He noted that blacktop alleys have sag spots and reviewed the prob- lems of upkeep and the shorter life period of the asphalt. He stated his concern that the improvement project be con- structed as petitioned for with concrete alleyway. -3- 6 -2 -75 The Director of Public Works briefly commented as to condition and upkeep of asphalt alleys. He noted that through the use of storm sewers the alleys could be adequately drained and through proper maintenance such as given to asphalt streets, the alleys could be maintained in a condition that would last up to 15 years. He further commented that due to the flatness of the alleys in the southeast quadrant of the City, that many would still require storm sewer if concrete were used. Mayor Cohen next recognized Mr. Don Thompson, 53rd and Logan. Mr. Thompson -noted his concern for needing an alley improvement in this area. He commented that he felt blacktop would be adequate. Mayor Cohen next recognized the resident of 5317 Logan Avenue forth. He noted that he felt the majority of the people in the project area still favored the concrete alley and that the uniform assessment should apply as approved at the initial hearing. Mayor Cohen next recognized Mr. Anderson again. Mr. Anderso -n, -noted that he would request to withdraw the petition. Motion by Councilman Jensen and seconded by Councilman Kuefler to close the public hearing. Voting in favor were. Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against. none. The met passed unanimously. Mayor Cohen noted the request for withdrawal of the petition. Councilman Kuefler commented that he felt the blacktop alley as approved in the uniform alley policy was both serviceable and maintainable. He did note, however, that he was in favor of withdrawal if the citizens requested such in that it was a different project than what they petitioned for. Councilman Jensen commented as to the cost of asphalt versus concrete. Councilman Fignar inquired as to the maintenance and life expectancy of asphalt alleyways. The Director of Public Works replied that with the proper maintenance, seal coating, drainage, and installation of storm sewers asphalt alleyways could last 15 to 20 years. Councilman Fignar next inquired as to the respomibility for maintenance costs of the asphalt alleys. The Director of Public Works noted that maintenance costs would be the obligation of the City and would not be assessed to the property owners Mayor Cohen briefly ctommen.ted as to the repair of concrete alleys. He noted that it was very expensive to repair a con- crete alley and referred to the slides as presented by the Director of Pudic Works of concrete alleyways. Councilman Fignar them co merited that he felt the petitioners have a right to withdraw their petition si nce it is not the same as what was being recd- r.nne -nded for construction. The City Attorney then commented on the action by the City Council. He noted that the Council has the authority to approve or deny the project since it is the same project area and since the project was substantially the same construction. r as to concrete or as He noted that reference halt need not be p considered when acting on the project. 6 -275 -4- Mayor Cohen suggested that the Director of Public Works be in contact with the citizens in the project area to again review the concrete alley versus asphalt alley, the assess- ment procedures, costs and maintenance and life expectancy. The City Manager suggested a follow-up with a postcard indication of preference. Motion by Councilman Jensen and seconded by Councilman Fignar to table action on Alley Improvement Project No. 1974 -20 until the June 25 meeting pending a postcard expression of citizen preference. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar and Jensen, Voting against: none. The motion passed unanimously. Improvement Project The Director of Public Works next reviewed Alley Improve- No. 1975 -1 ment Project No. 1975-1. He showed slides depicting the condition of the alley during the winter and early spring months. He noted that this .improvement project was located between Emerson Avenue Noah and Fremont Avenue North from 54th to 55th Avenue. Councilman Kuefler inquired as to the cost of the project and whether or not this included the estimate for storm sewer. The Director of Public Works noted that the estimated cost included the cost of storm sewer. Mayor Cohen opened the meeting up for public hearing. Mayor Cohen recognized Mr. Jim Hannay of 5449 Emerson Avenue North, Mr. Hannay noted a concern for his property location . and the aiignment of the alley. He commented that he thought his rear property line would be located in the pro- posed paved alleyway. The Director of Public Works commented that if Mr. Hannay's concern were valid, there might heed to be reason to obtain a possible easement for the use of that portion of his property located in the alley - way. Councilman Sritts arrived at 9.30 p.m. Mayor Cohere. ,-ext recognized Mr. Peterson of 55th and Emerson. Mr. Peterson noted his concern for the alley project. He commented that he felt he should not have to p a y � alley use for th �� �. since h� does not �e it< He Earths commented that he did not agree with the assessment policy. Mayor Cohen next recognized a resident of 5412 Fremont Avenue North. He noted that he was not in favor of the alley project. Motion by Councilman Fignar and seconded by Councilman Kuefler to cio�e the public hearing. Voting in favor were: Mayor Cohen, Councilmen Fritts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unani- mously. RESOLUTION Member Robert Jensen introduced the following resolution NO. 75 -102 and moved its adoption- RESOLUTION ORDERING CONSTRUCTION OF ALLEY PAVITU IMPROVEMENT PROJECT NO. 1975 -1 -5- 6 -2 -75 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, Tony Kuefler, Bill. Fignar and Robert Jenssen, and the following voted against the same. none, whereupon said resolution was declared duly passed and adopted. Councilman Britts did not vote as he was not present for the entire discussion. The Director of Public Works next reviewed Alley Improvement Improvement Project Project No. 1975 -2. He again showed a series of slides No. 1975 -2 depicting the alley during the winter months and in early spring. He noted that Ailey Improvement Project No. 1975 -2 was petitioned for in accordance with the alley improvement policy and consisted of asphalt alley between Fremont Avenue North and Girard Avenue North from 54th to 55th Avenue Mayor Cohen then opened up the meeting for public hearing. There was no discussion from the adjacent property owners. Motion by Councilman Jensen and seconded by Councilman Fignar to close the public hearing. Voting in favor were. Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Je en. Voting against. none. The motion passed unanimously. Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption. NO. 75 -103 RESOLUTION ORDERING CONSTRUCTION OF ALLEN' PAVING IMPROVEMENT PROJECT NO. 1975 -2 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 Director of Public Works neat reviewed a series of slides Improvement Project pertaining to Alley Improvement Project No. 19753 between No. 1975 -3 Irving Avenue North and James Avenue North from 53rd to 54th Avenue. Mayor Cohen opened the meeting up for public hearing. Mayor Cohen, recognized the resident of 5351 Irving Avenue North. This resident noted that he had signed for the alley in his initial contact as he was:rLew to the neighborhood but would now like to change his position to one against the alley improvement project. He also commented as to the cost of the project and the location of the storm sewer. The Director of Public Works briefly reviewed the location of the storm sewer for this project. He noted that it was because of the storm sewer and the problem of tying into existing storm sewdrs in this location that the cost of this project was higher. Extensive discussion ensued relative to the storm sewer location and the concern for the cost. Mayor Cohen next recognized Mr. Ray Bishop of 5338 James Avenue North. Mr. Bishop noted that his lot has a 75 foot frontage and that he would have no use for the alley. 6 -2 -75 -6- Motion by Councilman Fignar and seconded by Councilman Britts to close the public hearing. Voting in favor were- Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against. none. The motion passed unani- mously. Mayor Cohen commented as to the uniform alley policy and the method for assessing per assessable foot. Councilman Jensen noted the difference in the lot sues in this particular bloc, stating his opinlon that those who need the alley the most were paying least. He commented that 10 of the parcels were of a smaller lot size. An extensive discussion ensued relative to the assessment policy. The City Manager recommended that the assess - ment policy cannot be negotiated for each project. Motion by Councilman Britts and seconded by Councilman Fignar to reopen the public hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unani- mously. Mayor Cohen next recognized a resident who inquired as to the cost estimates. The Director of Public Works noted that the ectim atco were made on costs per assessable foot. He further noted that bids were opened June 2 and that the cost on the data sheet was correct. Motion by Councilman Britts and seconded by Councilman Fignar to close the public hearing. Voting in favor were: Mayor Cohen, Coumcilmen Britts, Kuefler, Fignar and Jensen. Voting against, none. The motion passed unani- mously. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 75 -104 and moved its adopti,cn- RESOLUTION ORDERING CONSTRUCTION OF ALLEY PAVING IMPROVEMENT ROJECT NO. 1975 -3 The motion for the adcption of the foregoing resolution was duly seconded by member Bill Fignar. A brief discussion ensued. Councilman Fignar noted that he felt the project would enhance the entire area and felt that it would be advantageous for all the properties adjacent to the project. Councilman Jensen noted that he recognized the concern of the property owners but felt that the project would be beneficial and would vote in favor. Councilman Britts noted that he would vote for the project as it was con- sistent with the unifrom alley policy. Upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Toney Kuefler, Bill Fignar,, Robert , Jensenua -nd Maurice Britts, and the following voted against the same: none, whereupon Bald resolution was declared duly passed and adopted. Alley Improvement The Director of Public Works again reviewed a transparency Project No. 1975 -4 and slides of the alley improvement project. He noted that Improvement Project No. 1.975 -4 consisted of an alley between Logan Avenue North and Knox Avenue North from 53rd Avenue to 54th Avenue. -7- 6 -2 -75 Councilman Kuefler commented as to the lot sizes of the parcels in this project. The Director of Public Works noted that they were again 75 foot lots and 50 foot lots similar to Improvement Project No. 1975 -3. Mayor Cohen opened the meeting up for public hearing. Mayor Cohen recognized the resident of 5331 Knox Avenue North. He stated 1Zis concern for the senior citizens and the possibility of an assessment relief from the City. Mayor Cohen requested the City Manager to review alter- native for this procedure. The City Manager responded that the Council has authority to defer or dispose of an assessment. He farther commented, however, that someone would have to pay for any assessment which was part of an improvement project. Mayor Cohen next recognized a resident of 5346 Logan Avenue North. He inquired as to the assessed amount against his parcel which consisted of a 75 foot lot for the alley project. The Director of Public Works noted that his portion of the cost would be approximately $450. Mayor Cohen next recognized the resident of 5350 Logan Avenue North, He inquired as to the driveway costs for the project. The Director of Public Works briefly reviewed the driveway costs for the project. He noted that these costs would be applied to the assessment. The resident of 5350 Logan Avenue North next inquired as to the payment procedure. The Director of Public Works noted that there would be an assessment hearing in September, 1976 at which time the assessment would be levied, and after approval of the assessment hearing the property owners would have 30 days to pay off the total before it would be applied to the tax rolls. Motion by Councilman Fignar and seconded by Councilman Britts to close the public hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against. none. The motion passed unani- mously. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 75 -10§ RESOLUTION ORDERING CONSTRUCTION OF ALLEY PAVING IMPROVEMENT PROJECT NO. 1975 -4 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 fen: en, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Brooklyn Center City Council recessed at 10 :40 p.m. Recess and resumed at 10 :55 p.m. 6 -2 -75 -8- Planning Commission The Director of Planning and Inspection next reviewed Application No. 75015 Planning Commission Application No. 75015 submitted by (James Hannay) James Hannay, He stated that the applicant was seeking permission to build a new dwelling on the property at 5449 Emerson Avenue North, which is a substandard lot in both area and width. He stated that several technical variances from Section 35 -400 were involved.. 1. Width - 35 foot variance from 75 foot requirement. 2. Area - 4,366 square foot variance from 9,500 square foot requirement (or 1,516 variance from the 11 70% rule" requirement, which would permit construction on a 6,650 square :foot lot) . 3. Sideyard setbacks - the applicant pro - poses to center a 26 foot wide house on the lot, resulting in a 7 foot setback on each side, resulting in two 3 foot variances from the 10 foot requirement. The Director of Planning and Inspection noted that there was precedent in this neighborhood and block which consisted of a numbor of 40 foot lots. He stated that the City Council in June, 1970 approved Application No. 70026 which com- prehended virtually identical circumstances including house width on a parcel three lots to the south, The Director of Planning and Inspection next reviewed the Planning Commission -minutes of May 22, 1975 at which time the application was cc Mayor Cohen cpened the meeting up for discussion. It was noted that none of: the notified property owners were present. Action Approving Following further diGcu.ysion there was a motion by Council- Planning Commission man Britts and seconded by Councilman Fignar to approve Application No. 75015 Planning Commission Application No. 75015 noting that the (James Hannay) subject parcel was platted at its existing dimensions and that acquis -t .on of additional property from adjacent lots is not feasib.'kD, and also noting that previous Council action contained in Application No, 70026 involving a neighboring property under similar circumstances; and subject to the condition that the existing structure presently used as a dwelling shall be removed 150 days after issuance of a building porrli.t or 60 days after occupancy of the new dwelling, whichever occurs first. Voting in favor were: Mayor Cohen, Councilmen Britts , Kuefler, Fignar and Jensen, Voting against: none. The motion passed unani- mou sly Planning Commission The Director of Planning and Inspection next reviewed Application No. 75016 Planning Commission Application No. 75016 submitted by (James Williams) Jaynes Williams. He reported that the applicant was seeking permission to construct a .major addition onto a dwelling which is a noncomplying dwelling as to setback. He stated that in accordance with Section 35 -111 nonconforming structures may not be enlarged or structurally altered. -9- 6 -2 -75 The Director of Planning and Inspection next reviewed Planning Commission minutes of May 22, 1975. He noted that the structure at 5322 Irving Avenue North is on a 50 foot wide lot and was built in 1940. He stated that there is an approximate 7 foot sideyard setback deficiency on one side. He also noted that the front yard setback was approximately 25 feet. He noted that the applicant pro- poses to add two bedrooms and to rework the exterior finish of the entire structure. Mayor Cohen opened the meeting up for discussion. It was noted that none of the notified property owners were present. Following further discussion there was a motion by Action Approving Councilman Fignar and seconded by Councilman Britts to Planning Commission approve Planning Commission Application No. 75016 sub- Application No. 75016 mitted by James Williams subject to the following conditions: (James Williams) 1 . The proposed addition shall with existing setbacks. 2. The exterior finish of the existing structure shall be rejuvenated so to be compatible with the finish of the new construction. 3. The entire structure shall be brought into compliance with applicable codes as determined by the Building Official. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler Fignar and Jensen. Voting against: none. The motion passed unanimously. The Director of Planning and Inspection next reviewed Planning Commission Planning Commission Application No. 75017 submitted by Application No. 75017 H. P. Anderson. He reported that the applicant was seeking (H. P. Anderson) permission for a special home occupation at his residence at 6501 Brooklyn Drive. He reviewed the Planning Commission minutes of May 22, 1975, noting that the home occupation would consist of the manufactuf, of custom engraved signs and name tags and possibly rubber stamps. He noted that the applicant indicated the business would be conducted primarily by mail. Councilman Britts inquired as to the storage and materials and whether they might not create a fire hazard. The Director of Planning and Inspection responded that he did not feel that the materials used would propose substantive fire problems . Mayor Cohen opened the meeting for discussion. It was noted that none of the notified property owners were present. Councilman Fignar inquired if the applicant had been made aware of the ordinance prcvision regarding home occupations. The Director of Planning and Inspection responded that such ordinance provisions had been made available to the applicant. 6 -2 -75 -10- Action Approving Following a brief discussion there was a motion by Planning Commission Councilman Britts and seconded by Councilman Jensen to Application No. 75017 approve Planning Commission Application No. 75017 sub- (H. P. Anderson) mitted by He P. Anderson", subject to the following conditions o 1 a The permit shall be issued to the applicant and shall be nontransferable. 2e Retail sales of merchandise on, the premises is expressly prohibited. 3. The permit is subject to all applicable ordinance requirements and violation thereof shall be grounds for revocation. Voting in favor were, Mayor Cohen, Councilmen Britts, Ku.efler, Fignar and Jensen, Voting against, none. The motion passed unanimously, Bicentennial Mayor Cohen then recognized Chairman Tom Stine of the Commission Report Bicentennial Commission. Chairman Stire noted that on April 23, 1975 Brooklyn Center was officially designated as an affiliate with the Hennepin County Bicentennial Program and has been designated a Bicentennial City. He briefly rovio-wed a ;summary of events proposed by the Bicentennial Commissions, noting that the events'' _ uld commence with this year's 4th of July celebration. Mayor Cohen commended Chairman Stire and the Commission for the fine work they have dome on the Bicentennial events. Motion by Councilman Fignar and seconded by Councilman Britts to acknowledge receipt of certification designating Brooklyn Center as a Bicentennial City. Voting in favor were- Mayor Cohen, Counci.ln?en Britts, Kuefler, Fignar and Jensen. Voting agai nsto none. The motion passed unanimously. Continued Consideration The Director of Planning and Inspection then continued of Planning Commission his review of Planning Corrmis;sion Application No. 75001. Application No. 75011 He reviewed the original site plan and the amended site (Ryan Oldsmobile) plan, noting the tree plantings that were removed and those proposed on the amended plan. He briefly commented as to the rear storage area, noting that it had originally been depicted as future building, He noted that there was a drainage problem in this area and stated that if it were to be used as a storage area as it was now being used, it should be upgraded and paved. He also noted the Planning Commission's concern for parking delineators for customer parking separate from those used for car display area. A brief discus,-ion ensued relative to the application. Councilman Kuefler inquired as to the grading of the unpaved area. The Director of Planning and Inspection responded at this time there was car storage in this area and that there was a problem with this area retaining water. Councilman Jensen inquired as to the paving and the possible solutions to the drainage problems. The Director of Public Works responded that grading and paving would resolve the drainage problem in this area. Councilman Kuefler further commented as to the possibility of improving the area in some other way than paving to remedy the drainage problem. -11- 6 -2 -75 The City Manager stated that the applicant has not demon- strated intent to build on this parcel and that it, therefore, should be upgraded in soe way as to alleviate the ���, y drainage problem® Councilman Jensen commented that he also felt it should be upgraded and improved consistent with the ordinance Mayor Cohen next recognized the applicant, Mr. Bob Ryan. Mr. Ryan noted two concerns regarding the application. He commented that he was only leasing the property at this time and that for him to make improvements such as blacktopping the rear parcel would be inappropriate under the circumstances. He did state, however, that he did have a concern for the drainage in the area which caused a large amount of standing water. He also stated that he was opposed to the placement of trees and shrubs in the boulevard area in front of the car display. He commented that visual display played a mayor factor in his sales business saying that none of the other car dealers in the area had trees on the boulevard. The City Manager inquired as to the number and condition of trees that were removed without authorization Mr. Ryan noted that seven were removed. He stated that only one of them was considered viable while five were existing stumps and one was dead. The City Manager further inquired as to how they worked the hardship as contended by the applicant. The applicant responded that the place- ment of the trees in those areas was not conducive to orderly storage and hampered snow removal. The Director of Planning and Inspection noted that the areas in the blacktop that were deteri' -rated should also be improved as a condition of approval. Mayor Cohen commented that he felt the unimproved storage area should be upgraded. Councilman Jensen also noted that he felt strongly that the trees should be put in and that the unimproved area to the rear be improved with possibly a one year time limit. The City Manager suggested that the back unimproved area should be unproved by a specific date such as November 1 , 1976 and that the approval of the auto de &lership license for 1977 might be made contingent upon improvement of this area. Councilman Kuefler commented briefly on the possibility of an interim solution to the drainage such as a gravel base. The Director of Public Works responded that additional survey work would be needed to determine the proper grading, but that such an interim measure would seem feasible. Further discussion ensued relative to the drainage and improvement of the rear lot area. Councilman Fignar inquired as to whether this area were totally fenced from abutting residential properties. The Director of Planning and Inspection responded that it was, 6 -2 -75 -12- Action Approving Following further discussion there was a motion by Planning Com mission Councilman Jensen and seconded by Councilman Britts to Application No. 75001 approve Planning Commission Application No. 75001 (Ryan Oldsmobile) subject to the following conditions- 1 o In addition to the trees specified on the submitted plan, six additional trees of comparable size and species shall be distributed equidistantly along the west and south perimeter of the site, 2. A concrete delineator as approved by the City Engineer, shall be installed between the indicated customer parking area and vehicle display and storage area at the front of the site, and existing damaged portions of the lot shall be repaired, 3. All parking, driving and vehicle storage areas shall be properly striped as indi -- cated on the approved plans -. 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of the required site improvements 5. The unimproved area to the rear of the service building small be graded and paved as approved by the City Engineer no later than Nw,!e.mber 1 , 1.976, interim measures such as installation of a gravel base, as approved by the City Engineer, shall be ?rade by NovembKvr 1, 1975 i 6. Required screening between the site and abutting residential properties shall be prop rly rraintained to assure structural and aea thet +,c. integrity. Councilman Britts noted a concern for the trees on the boulevard and the problem that the applicant had expressed concerning display of his vehicles. He again pointed out that this requirement was not made of any of the other car dealers in this area. Mayor Cohen recommended deleting point No. 1 from the approval and bringing it back at the next meeting after the matter has been researched in more detail. Councilman Jensen stated that he preferred the trees along the front boulevard area . Following further discussion there was a motion by Coumcilman Jensen and seconded by Councilman Britts to delete point No. 1 from the condition. approval. Voting in favor were, Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against. none. The motion passed unanimously, -13- 6 -2 -75 Motion by Councilman Britts and seconded by Councilman Jensen directing the City Manager to review the site for further consideration of point No® 1 and also stipulating repair of those portions of the lot damaged when the delineators were removed. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 75 -106 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STREET AND ALLEY PAVING CONTRACT 1975 -A) 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 against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager noted that this resolution comprehended awarding a bid for Contract 1975 -A which included Improvement Project No. 1974 -20. He commented that the contract would be awarded less Improvement Project No. 1974-20. The Director of Planning and Inspection reviewed the changes in the contract® Motion by Councilman Britts and seconded by Councilman Licenses Jensen to approve the following licenses: COURTESY BENCH LICENSE U. S. Bench Corp. 3300 Snelling HOUSE MOVER'S LICENSE Robin Corporation 3550 Grimes Ave. N MECHANICAL SYSTEMS LICENSE Modern Heating & Air Conditioning 2318 1 st St. N. E. SIGN HANGER'S LICENSE Cragg, Inc. 822 West Broadway Marvin D. Richard Sign Artists 7017 Edgewood Ave. SWIMMING POOL LICENSE Evergreen Park Apts. 7212 Camden Ave. N. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen® Voting against: none. The motion passed lo.nanimously. Motion by Councilman Jensen and seconded by Councilman Adjournment Britts 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 12:20 a. m® Clerk Mayor 6 -2 -75 -14-