HomeMy WebLinkAbout1975 11-17 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
NOVEMBER 17, 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 :40 p.m.
Roll Call Mayor Cohen, Councilmen Fignar, Kuefler, and Jensen,
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.
Approval of Minutes Motion by Councilman Fignar and seconded. by Councilman
11°-3 -75 Jensen to approve the minutes of the November 3, 1975
meeting as submitted. Voting in favor were: Mayor Cohen,
Councilmen Kuefler, Fignar, and Jensen.. Voting against,
none. The motion passed unanimously.
Approval, of Minutes Motion by Councilman Jensen and seconded by Councilman
11 -4 -75 Kuefler to approve the minutes of the November 4, 1975
meeting as submitted. Voting in favor were: Mayor Cohen,
Councilmen Kuefler, Fignar, and Jensen. Voting against:
none. The motion passed unanimously.
Release of Motion by Councilman Jensen and seconded by Councilman
Performance Bond Kuefler to authorize release of a $1, 000 performance bond
(Standard Solvents) submitted by Standard Solvents in 1.971 for improvements
approved on June 14, 1971 in conjunction with Planning
Commission Application No. 71019. Voting in favor were:
:Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen.
Voting against: none. The motion passed unanimously.
Reduction of Motion by Councilman Kuefler and seconded by Councilman
Performance Bond Fignar to authorize reduction of a $60,000 performance bond
(Standard Solvents) submitted by Standard Solvents in 1975 to $15,000 for the
balance of the improvements for which the Council approved
the completion sliedule on May 20, 1974. Voting in favor
were: Mayor Cohen, Councilmen Kuefler, Fignar, and
Jensen. Voting against: Hone The motion passed unani-
mously.
Councilman Britts arrived at 7;45 p, m.
Release of Motion by Councilman Fignar and seconded by Councilman
Performance Bond Jensen to authorize release of a $2,000 performance bond
(Viewcon, Inc„) submitted by Viewcon, Inc. in 1971 for initial improvements
on model. units, The Shores Townhouses, as approved by
the City Council on June 14, 1971 in Planning Commission
Application No. 70012. Voting in favor were: Mayor Cohen,
Councilmen Britts, Kuefler, Fignar, and Jensen. Voting
against: none. The motion passed unanimously.
Reduction of Motion by Councilman Jensen and seconded by Councilman
Performance Bond Kuefler to authorize reduction of a $5 , 000 performance bond
(Viewcon, Inc.) submitted by 'Viewcon, Inc. in 1970 to $2,500 for the balance
of the landscaping improvements approved by the City Council
or! August 10, 1970 as per Planning Commission Application
No, 70017, Voting in favor were: Mayor Cohen, Councilmen
Britts, Kuefler, Fignar, and Jensen. Voting against: none,
The motion passed unanimously,
Motion by Councilman Britts and seconded by Councilman Final R.L.S.
Jensen to approve the Final Registered Land Survey for the Approval
Metropolitan Transit Commission bus garage site in the
Brooklyn Center Industrial Park. Voting in favor were:
Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and
Jensen. Voting against: none. The, motion passed unani-
mously.
The City Manager introduced the next item of business on the Planning Commission
agenda, that of Planning Commission Application No. 75041 Application No. 75041
submitted by Assembly of God Church. (Brookdale Assembly
of God Church)
The Director of Planning and Inspection proceeded with the
review of Planning Commission Application No 75041 and
the Planning Commission action at their November 3, 1975
meeting at which time the application was considered, He
stated thatthe applicant had negotiated the purchase of the
King's Academy Day School at 6120 Xerxes Avenue North,
which was adjacent to the church property at 6818 Xerxes
Avenue North. He pointed out.that the request comprehended
a special use permit to continue the day school nursery
operation. He next reviewed the concerns of the Planning
Commission with respect to the existing special use permit
last reviewed on February 6, 1975, He commented that the
basic site improvements had not been completed and that
the present operator of the facility hod failed to submit the
information requested at that earlier meeting. He stated that
the present operator had been informed that the special use
permit would be effectively revoked upon the expiration of
the State operating license in December unless the deficiencies
were remedied.
He then reviewed a transparency depicting the location of
the parcel and the site plan which reflected the areas of
concern, namely, delineation of the parking and driving area,
provision for a secure fenced play area, sodding and upgrad-
ing of landscape and the elimination of an unauthorized
curbcut onto Brooklyn Drive,
Councilman Jensen commented relative to the play area, noting
a concern for the unrestricted area, The Director of Planning
and Inspection stated that a fenced play area on the site is a
requirement of the State license and that the situation exists
because of negligence of the State inspectors. He also stated
that this was a concern of the neighbors in the area and that
it was their desire to insure a - fenced' in play area would be
provided.
The City Manager then commented relative to the State
requirements versus City requirements. He briefly reviewed
the areas of jurisdiction, pointing out that licensing by the
State does not guarantee inspection in most cases,
The Director of Planning and Inspection stated that the
Sanitarian and Building Official had both conducted inspections
of the existing structure, and that these inspections resulted
in code deficiencies which were now being remedied.
Councilman Fignar inquired as to whether the current operator
was conducting the day school nursery operation without
a license. The Director of Planning ap". Inspection explained
that the current operator's license expires on December 1
and that to his knowledge the applicant has applied for a new
license.
11-17-75 -2-
Mayor Cohen next recognized Pastor Levang of the
Brookdale Assembly of Goad Church. Pastor Levang stated
that he had nothing further to add to the application.
The Director of Planning and inspection next reviewed the
site plan, pointing out that the sodded area to the north of
the existing structure would ,be indicated on the approved
plan.
Mayor Cohen then opened the .meeting up to notified property
:owners. Lt was noted that none were present.
Action Approving Motion by Councilman Pigriar and seconded by Councilman
Planning Commission Kuefler to approve the Planning Commission Application
App4cation No. X5041 loo. 750 11 submitted by Brookdal-e Assembly of God Church
subject to the following conditions.
1 . The permit is issued to the applicant as operator of
the facility and is nontransferable.
2. The permit is subject to compliance with all
applicable codes, ordinances, and regulations,
and violation thereof shall be, deemed grounds for
revocation.
3. A current copy of the required State license shall
be kept on file with the City.
4, The operation is subject to at least annual review.
The performance .agreerhpnt End supporting financial
guarantee in an amount to be determined by the City
Manager shall be submitted to assure completion
of the approved site improvements.
6. Parking ;lot curbing, as approved by the City
Engineer, shall be installed by October 1, 1977
unless a proposed drk ew,ay to the adjacent parking
lot is sooner approved :a-gd installed, at which time
said curbing shall be installed.
'7. A pedestrian walkway shown on approved plans shall
be installed by June 1, 1976 should the approved
use of the ,Assembly of God Church facilities by
King's Academy involve student passage between
buildings.
Voting in favor were; Mayor Cohhen, Councilmen Britts,
K aefler, l'ignar, and Te °n$en... Voting against: none. The
motion passed unanimously,
Planning Commission The Director of Planning and Inv
spection next reviewed
Application No,, 75040 Planning Commission Application No. 75040 submitted by
(Elmer Peterson) Mr, Elmer Peterson of 5350 Logan Avenue North. He reviewed
the Planning Commission mih.utes of November 13, 1975 at
Which time the application was first considered, pointing
out that the applicant w,-$s Seeking a variance to erect a
garage which would be 15 feet from the side lot line -- the
variance being 10 feet since the established corner side
yard is 25 feet under the preseilt Zoning Ordinance.
-3- 11- 17 - -75
He stated that the existing structure which would be
removed is currently located 10 feet from the side lot
line and that the new structure would be 5 feet further
back at 15 feet and be consistent with the other set-
backs in the area. He also stated that the applicant
had a concern for an approximate 12 inch diameter mature
ash tree which would have to be removed if the garage
were to be located at the 25 foot setback. He next
reviewed a transparency of the parcel, pointing out a
proximity to the alleyway and the location of the tree in
question.
Mayor Cohen then addressed briefly to the standards for
a variance and inquired if the Planning Commission had
considered the standards when approving this request.
The Director of Planning and Inspection stated that they
had and that based on the ordinance standards for a
variance and discussion as to the basis for a request
involving property in the R -2 district, the southeast
neighborhood, the Planning Commission recommended
approval of the application. Councilman Britts questioned
whether the ordinance standards for a variance had been
met with respect to uniqueness or hardship. He briefly
commented as to the need for uniform application of stan-
dards for variance requests.
The City Manager then described an alternative available
to the applicant other than entrance from 54th Avenue.
He stated that the garage could be located in such a way
as to afford access from the recently paved alleyway and
still allow the proper setback from the interior side yard
and enough space between the garage and existing tree
so as to not deter growth. He summarized his comments
by explaining that by the very fact that there was an
existing legal alternative, the application did not meet
the hardship standard for a variance request. Councilman
Jensen briefly commented as to the line of vision and the
site triangles at the corners being a major reason for the
setbacks being what they are.
Mayor Cohen then recognized the applicant, Mr. Elmer
Peterson. Mr. Peterson stated that it was his intent to
use the existing driveway with a new garage. He also
commented that by constructing a new garage with a 15
foot setback it would be in line with the house and in line
with the neighboring structure across the alley.
Councilman Kuelfer commented briefly to a philosophy of
allowing reconstruction according to the standards of the
area. He stated that he could see the merits of approving
an application which was compatible with the neighborhood
standards. Councilman Jensen inquired as to the proper
ordinance that would take precedent in this matter, whether
the 1951 ordinance which required a setback of 15 feet or
the 1975 ordinance which required a setback of 25 feet
would be applicable to this situation since other structures
existed at a setback of 15 feet.
The City Attorney responded that the current ordinance is
the one that has to be enforced. He further commented
relative to the tree placement, stating his opinion that tree
removal did not constitute hardship as comprehended by
the ordinance, but rather was an economical matter.
11 -17 -75 -4-
A brief discussion ensued relative to the variance request and
the hardship standard of the ordinance. The City Manager
commented relative to the variance request recommending that
the Council be consistent In uniformly measuring variance
requests against the standards defined by courts and expressec
in the Zoning Ordinance. He suggested that if indeed the
request did possess rnerits and the standards for a variance
were not met, a change in the ordinance requirements should
be contemplated rather than rationali r Vii. the standards.
Councilman Jensen then stated that there was a need for
review of the setback requirement in co,g':unction with this
request and previous variance requests involving the same-
subject.
Mayor Cohen opened the rneeting r,p to notified property owners
It was noted that none were present, A brief discussion, then
ensued relative tca setback ,pan a c to rry � t s and a need for
early study of this matter. Mayor C'che.n pointed out that in
cases where vari ance: requests, apptaar tepresentat:'ve of de_ sired
community trends, it beccm'es appropr'J 're to review the
ordinance for posF iblc: chan.ges< rather than, approve variances.
A brief discussion ens ;ed relative t =: xarr,:i.t;..ng ordinance set -
' back requirements in the corm ext of ✓xE .xlng characteristics of
the neighborhood. The City Manager briefly reviewed provi-
sions of the previous Zoning Ordi nance which allowed for ,a
setback consisting of the average st1 _T aural = etback in the
block
Mayor Cohen then s'�. gested rilar the matter be tabled for
research with respect to the s c'.t. ack regw'.rements.
Motion by Councih ..cars Faclnar and .®:co, <dec by Councilman
Britts to table Plan n ,ng Coon m. Bsaion Application No. 75040 for
approximately 90 day.: during ml;e City Manager shall
re view the ordinance setback k w'hich prevail in
this case and recommend poE;7ib.i: ord2imance changes which
may be appropriate. Voting in favc =r were. Mayor Cohen,
Councilmen Britts, Kasefler, Fignar, and Jensen. Voting
against. none. The motion pas,',se i u'ranimic,
Recsss The City Council recessed at 9 o39 p. m. and resumed at
Q.50 p m.
Planning Comm ssi.on The Director of Planning and inspe�. io. introduced the next
Application No. 75042 item of business on the age:r%da, that of Planning Commission
(Tire City, Inc,) Application No. 75042 5 , ubmitted by Tire City, Inc. He stated
that the applicant is the tentative buyer of the service station
at B810 Brooklyn Boulevard, which was last reviewed as to site
and building plan amendments in 1007, lie pointed out that
service stations are special uses in the C -2 district and that
the application was for a special use permit by the new owner.
He next reviewed. the Planning Commission action of November
1.3, 1075 at which time the application was recommended for
approval. Councilman Kuefler inquired as to whether the
structure would remain the same. The Director of Planning and
Inspection briefly reviewed the operation, stating that the struc
tore would stay the same and that the applicant has been made
aware of the restrictions on outside storage in a commercial
zone. He also commented relative to the site improvements
stating that the constn ction of a temporary bituminous cur,'b to
the rear of the existing building would be required until that
.rear portion is needed for additional parking or building
expansion. A bri; ^f discussion then ensued relative to the
operation of the service station at this location..
%� 11 -i9_
Mayor Cohen then recognized the applicant, Mr. Wedell.
Mr. Wedell stated he had nothing further to add to the
application. Mayor Cohen next opened the meeting up to
notified property owners. It was noted that none were
present.
Following further discussion there was a motion by Action Approving
Councilman Jensen and seconded by Councilman Fignar Planning Commission
to approve Planning Commission Application No. 75042 Application No. 75042
subject to the following conditions- (Tire City, Inc.)
1. The permit is issued to the applicant as operator
of the facility and is ncn-1-1-ransferab I e.
2. The Perm_it shall be subject tc all applicable
ordinance-s, codas and regulations, and violation
thereof shall be grounds for revocation.
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 the approved site improvements.
4. Grading , pavi". g and curbi gag hall be subject to
review and approval by the City Engineer.
5. Installation of approved permanent concrete curb
along the f--ar_;t eige of the paved driving area may
be deferred for �p to two years pending redevelop-
ment of the property to the ea provided:
a. Notwiithstanding the following conditions the
City 1 r , "ay in--'1ta1_!1aUk. of permanent
curbir at an earlier ti, as rrtay be deemed
nec e s ri a ry I
b. D t 111-terim temporary bituminous rolled
1
cur'blng w +`1 2, be in-stalled along the east edge
of the app rcvt9,d pavement,
c. If dunning t period the adjacent area should
devteicp wlth a plan that would not require
the curb ana the City Cou-ncil approves that
pla ti` C _1 + - 1 e
ly wcuid waiv the curb require-
me,: in, that area.
6. All land azoe, areacs indicated on the approved plan
shall be , diied a,Illd plant', d and equipped with an
u,n der gro,'unca syl-tea~ except the area to the
east of the approve,( pavement ray be seeded and
properly prov.11cied a viable turf is estab-
lished and maintained by 'Zhe end of the first
growing ;eascn
7. Any cu trash d"i'sposal shall be screened.
8. The properly shall be combined through plat or
registered land survey within one year from date of
issuance of spe-cial use permit.
Voting in favor were ° Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen. Voting against: none. The
motion passed una:r_imously.
11-1.7-75 -6-
Park & Recreation Mayor Cohen next recommended Ms. Margaret Whittaker,
Aprlointment 2000 Northway Apartment 303, for Council confirmation
to the Park and Recreation Commission as a Commissioner at
large. Councilman Kuefler briefly reviewed Ms. Whittaker's
background pointing out that she has been a Brooklyn Center
resident for eight years and represents a segment of the
Brooklyn Center populous which is not represented on the
Commission, that being apartment residents.
Motion by Councilman Kuefler and seconded by Councilman
Fignar to confirm Mayor Cohen' s appointment of Margaret
Whittaker to the Park and Recreation Commission at -large
position. Voting in ,favor were. Mayor Cohen, Councilmen
Britts, Kuefler, Fignar, and Jensen. Voting against, none.
The motion passed unanimously.
Water Meter The City Manager introduced the next item of b sinless, that
Replacement of a recommended resolution authorizing the adoption of a
Program water meter replacement program. The Director of Public
Works proceeded with a brief review of the water meter
replacement program report. He stated that the City cuTrrentlav
has 2, 751 residential water metiers which are between i 2 a
19 years old and 3,321 meters 10 years or f;ldero He pci -tera
out that the American Water Works Association recomme ,
that residential meters be tested and repaired at 10 year
intervals to sustain tolerable meter accuracy. He stated -that
the City is c-j_,rrently losing between $5,000 and $0,000 a
year in doss of revenues for unmetered flow to cu tumerx
because of the inaccuracy in meter readings. He there o '
li ed three proposals available, stating that the meters c,auld
it4her be repairer: by City personnel, repaired by co or
replaced. lie su,m. marized his comments by stating the -most
economical approach is the replacement approach with new
meters which offer a more accurate reading via a magnetic
drive .meter.
RESOLU'T'ION Member Tony Kuefler introduced the following resolution and
NO . 7 5-21.6 moved its adoption -
RESOLUTION AUTHORIZING WATER METER REPLACEMENT
PROGRAM AND SEEKING OF BIDS
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.
RESOLUTION Member Maurice Britts introduced the following resolution and
N Ci . 7,5 -2 moved its adoption.
RESOLITTION REQUESTING THE HENNEPIN COUNTY BOARD TO
P ROVIDE ADDI`I`IONAL COMPUTER CAPACITY FOR THE CITY OF
BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was
{tul;r ,seconded by member Robert Jensen, and upon vote being
taken thereon. the following voted in favor thereof. Philip
aa�r heY�, .Maurice Britts, Tony Kuefler, Bill Fignar, and Robert
j = and th.e following voted against the same- none,
�u :'r� r tlpc >11 ;aid resolution was declared duly passed and
adopted .
1 17 --75
i
Member Bill Fignar introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 --218
RESOLUTION AMENDING THE 1975 GENERAL FUND
BUDGET
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.
Member Robert Jensen introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 -219
RESOLUTION AUTHORIZING THE CITY MANAGER TO
WRITE -OFF UNCOLLECTIBLE CHECKS
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.
Member Bill Fignar introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 -220
RESOLUTION TO AUTHORIZE THE CLOSING OF BOND
CONSTRUCTION FUND NO. 1 AND TO TRANSFER ITS
FUNDS TO THE CAPITAL PROJECTS 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 Maurice Britts introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 -221
RESOLUTION TO AUTHORIZE THE CLOSING OF THE
CERTIFICATES OF INDEBTEDNESS RETIREMENT FUND AND
TO 'TRANSFER ITS FUNDS TO THE CAPITAL PROJECTS FUND
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 Robert Jensen introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 -222
RESOLUTION TO TRANSFER FUNDS FROM THE LIBRARY
SALE FUND TO THE LIBRARY BOND REDEMPTION FUND
AND THE CAPITAL PROJECTS FUND AND TO AUTHORIZE
THE CLOSING OF THE LIBRARY SALE FUND
I1 -17 -75 -8-
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.
RESOLUTION Member Maurice Britts introduced the following resolution
NO. 75-223 and moved its adoption:
RESOLUTION TO AUTHORIZE THE CLOSING OF THE POOR
FUND AND TO TRANSFER ITS FUNDS TO THE GENERAL FUND
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, Phiiip
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.
a ON Member Bill Fignar introduced the following resolution an'
NHIJ 2 24 moved its adoption:
RESOLUTION TO AUTHORIZE TH CLOSING OF THE GROUP
TRAINING FUND AND TO TRANSFER ITS FUNDS TO THE
GENERAL FUND
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.
CE Member Tony Kuefler introduced the following ordinance and
L. e 5 moved its adoption:
AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY
ORDINANCES
THE CITY COUNCIL OF TUE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:�
Section I . Chapter 27 of the City Ordinances is hereby
amended as follows,-,
Section 27-1,2-Q. PARKING RESTRICTED AND PROHIBITED.
r 2. No person in charge of any vehicle shall park or
permit such vehicle to stand upon the roadway of
any public highway or street in the City of Brooklyn
Center or within any duly established fire lane
contrary to posted prohibitions.]
2. No person in charge of any vehicle shall park or
permit such vehicle to stand upon any street,
h_ lgh , parking lot or other area. within the City
of Brooklvn Center in violation of p osted t raffic
control devices.
Section 2. This ordinance shall become effective after
adoption and upon thirty (3b) days following its legal publi-
cation.
-9- 11-17-75
Adopted this 17th day of November, 1975.
The motion for the adoption of the foregoing ordinance
was duly seconded by member Maurice Britts, and upon
vote being taken thereon, the following voted in favor
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.
Member Bill Fignar introduced the following ordinance ORDINANCE
and moved its adoption. NO. 75-16
AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY
ORDINANCES REGARDING STREET NAME CHANGES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Section 1 . Chapter 25 of the City Ordinances is
hereby amended by the addition of the following:
Section 25-415. 65th Avenue North (part) - Freeway
Boulevard. That portion of 65th Avenue North between
Humboldt Avenue North and Shingle Creek Parkway is
hereby - fe-_named
, and shall be known as Freeway Boulevard,
effective January 2_, 1976.
Section 25-416. 69-1Z2 Avenue North (part) - Irving
Lane. That portion of 69-1/2 Avenue North between Logan
Avenue North and Irving Avenue North is hereby renamed,
and shall be known as Irving Lane North, effective
January 2, 1 976,
Section 25-417. 69-1/2 Avenue North (part) - Emerson
Lane. That Portion of 69-1Z2 Avenue North between Dupont
Avenue North and Emerson Avenue North is hereby renamed,
and shall be known as Emerson Lane North, effective
January 2 e 1976.
Section, 2. This ordinance shall become effective
January 2, 1976.
Adopted this 17th day of November, 1975.
The motion for the adoption of the foregoing ordinance
was duly mconded 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 ordinance
was declared duly passed and adopted.
Member Maurice Britts introduced the following ordinance ORDINANCE
and moved its adoption: NO. 75-17
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING MAJOR THOROUGHFARES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Section 1 . Chapter 35-900 (Definitions) is hereby
amended in part by the addition of the following:
11-17-75 -10-
Thoroughfare, Major
5) Freeway Boulevard from Xerxes Avenue North to
Humboldt Avenue North
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publi-
cation.
Adopted this 17th day of November, 1975.
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 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.
N C E The City Manager next introduced a recommended ordinance
f Y r: t reading amending Chapter 35 relative to office building parking
requirements. He stated that this ordinance was draft.- d as
a result of a report on office building parking requirerrients,
which was presented at the November 1 3, 1975 meeting. He
commented that the ordinance has been the subject- of con-
tinual review since that time and that the Director of P ,blic
Works and Mr. Richard Porstrom have performed stat!_
analyses which tend to support the initial recornmendat
He proceeded to review the statistical analysis process
describing the approaches employed by Mr. Forstr(. and
Mr. Merila. He recommended restating the parking fo-rmulas
expressed in the draft ordinance to the effect that the for-
mulas would consist of a fraction with gross floor area as a
common numerator.
Thp City Manager explained that while the recommended
parking formulas would yield less required parking than
existing ordinance provisions, there are at least two "safety
valve" factors which should be considered. He explained
that approximately 15% to 20% more parking could be accom-
modated in a typical parking lot if the Zoning Ordinance were
amended to recognize the current proportion of compact size
cars in society, He suggested that the proportion of com-
pact size cars will probably continue to increase, thus,
yielding even greater parking capacity in a typical parking
lot. He described another factor consisting of encouraging
car pooling and use of public transit simply by authorizing
parking lots of less than adequate demand capacity, thereby
promoting fuel conservation and avoiding the delet-ribus
effects of open blacktop areas.
Mayor Cohen then recognized Mr. Richard Forstrom who
offered additional comments to the proposed ordinance. He
stated that since his discussion with the City Manager and
the Director of Public Works he has arrived at, in his opinion,
a formula with a greater degree of accuracy and higher con-
fidence level. He briefly reviewed this proposal.
Following Mr. Forstroms presentation, the City Manager
stated that the major differences in the two proposals con-
sisted of calculating confidence lines on the basis of
averaging data for large and small buildings versus calcu-
lating separate confidence points for the large and small
building groupings.
_11- 11 -17 -5
A grief discussion then ensued relative to parking space
requirements. Mayor Cohen inquired as to the number
of additional possible office buildings that this ordinance
would serve. The City Manager responded by estimating
that there would likely be only one or two additional
large office towers.
Councilman Kuefler inquired as to the tenant makeup
affecting the parking and whether or not there was a
difference between a single tenant and a multi-tenant
building. The Director of Public Works briefly reviewed
a portion of the initial report which addressed to this
topic. He stated that the results indicated that there
was no major recognizable difference for single tenant
buildings versus multi-tenant buildings.
Following further discussion there was a motion by
Councilman Jensen and seconded by Councilman Fignar
to approve the first reading of an ordinance amending
Chapter 35 of the City Ordinances relative to the parking
requirements for office buildings consistent with the
changes recommended by the City Manager. Voting in
favor were- Mayor Cohen, Councilmen Britts, Kuefler,
Fignar, and Jensen. Voting against: none. The motion
passed unanimously.
The City Manager next reviewed a report issued by the Hennepin Gourllv
Hennepin County Public Works Department on the topic Resource Recovery
of resource recovery. He stated that this proposal com- Project
prehended the construction of a major conversion plant
for the purposes of converting solid waste to a usable
energy source and recovering usable materials. He
pointed out that the proposal is in its initial stages and
that there is extensive legislative and technical back-
ground research to be done.
Councilman Kuefler expressed a concern for Hennepin
County's operation of such a plant. He stated that the
project should be undertaken on a metro level rather than
on a County level. A brief discussion ensued relative
to the proposal. The Director of Public Works pointed
out that one plant would not suffice for the entire metro
area and that up to three plants would be needed if
appropriate coverage were to be provided.
Following further discussion there was a motion by
Councilman Fignar and seconded by Councilman Britts
to table the matter of the Hennepin County resource
recovery project for action at the December 8, 1975
meeting. Voting in favor were: Mayor Cohen, Council-
men Britts, Kuefler, Fignar, and Jensen. Voting against:
none. The motion passed unanimously.
The City Manager next reviewed a proposal approved by Hennepin County
the Hennepin County Board of Commissioners to increase Workhouse Rates
the cost of Workhouse rates from the present $12 for
straight-time prisoners and $4 for work release prisoners
to $23 per day for straight-time prisoners and $6 per day
for work release prisoners. The City Manager expressed
his concern for the method used in notifying the City and
briefly reviewed the conversation he had with
Commissioner John Derus on this topic. He stated that
Commissioner Derus explained that the increase merely
allowed for the Workhouse to be operated on a no loss
basis whereas during the operation of the Workhouse by
Minneapolis it was operating at a deficit. He commented
11-17-75 -12-
that his major concern consisted of announcing the charge
increase after adoption of the 1976 budget. He stated that
the City has little recourse from the increased costs and
commented that the matter was informational only and
required no action.
Licenses Motion by Councilman Britts and seconded by Councilman
Fignar to approve the following licenses.
CHRISTMAS TREE SALES LICENSE
Bachman' s Garden Store Brookdale
Premium Quality Trees
(2 locati(ins) 3119 Thurber Road
Northwest YMCA 4205 Winnetka
William Pierce 9265 Courthouse Blvd.
CIGARETTE LICENSE
Dean's Vending P.O. Box 380
Brookdal.e Motel 6500 Lyndale Ave. N.
GASOLINE SERVICE STATION LICENSE
Green Meadows 3319 49th Ave. N.
Tire City, Inc. 6810 Brooklyn Blvd.
ITINERANT FOOD ESTABLISHMENT LICENSE
Kennedy & Cohen 2500 Freeway Blvd.
NONPERISHABLE FOOD VENDING MACHINE LICENSE
Dean's Vending P.O. Box 380
Brookdale Motel 6500 Lyndale Ave. N.
PERISHABLE FOOD VENDING MACHINE LICENSE
Dean's Vending P.O. Box 380
Brookdale Motel 6500 Lyndale Ave. N.
RENTAL DWELLING LICENSE
Mrs. Delores Riegel Dresser, W1
Voting in favor were: Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen. `Voting against. none. The
motion passed unanimously.
Ad .r E.rrynt Motion by Councilman Jensen and seconded by Councilman
Kuefler to adjourn the meeting. Voting in favor were:
Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and
Jensen. Voting against: none. The motion passed unani-
mously. The Brooklyn Center City Council adjourned at
12:05 a.m.
4 -rk Mayor
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