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HomeMy WebLinkAbout1974 02-25 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 FEBRUARY 25, 1974 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 Kuefler, Jensen, Fignar, and Britts. 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, Chief of Police Thomas O'Hehir, and Administrative Assistants Daniel Hartman and James Lacina. Invocation Reverend Toy of the Harron United Methodist Church offered the invocation. Approval of Minutes Motion by Councilman Britts and seconded by Councilman 2 -4 -74 Kuefler to approve the minutes of the February 4, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. The City Manager recommended adoption of a resolution increasing the annual rate of interest to be henceforth charged by the Investment Trust Fund from 5% to 6 %. He stated that the Director of Finance had studied and con- cluded that the 5% interest rate is no longer reflective of market conditions. Councilman Jensen inquired as to how the recommendation correlated with the recent financial report, indicating that during 1973 the Investment Trust Fund earned an average annual interest in excess of 6 %. Finance Director Holmlund responded that the alternative to short term borrowing from the Investment Trust Fund consists of selling short term bonds on the open market at an interest cost lower than the average annual interest earning capability of the Investment Trust Fund. However, such sale of short term bonds also involves administrative costs in preparing and selling such bonds. Thus, in the final analysis the Finance Director concluded that a 6% interest rate is a fair recommendation. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 74 -32 and moved its adoption: RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER 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, Bill Fignar, Tony Kuefler and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- 2 -25 -74 RESOLUTION Member Maurice Britts introduced the following resolu- NO. 74-33 tion and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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, Bill Fignar, Tony Kuefler and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution NO. 74-34 and moved its adoption: RESOLUTION ACCEPTING BID FOR ONE ROTARY LAWN MOWER 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, Bill Fignar, Tony Kuefler and Robert Jensen; and the following voted against the same: none, whereupon said resolu- tion was declared duly passed and adopted. The City Manager next recommended adoption of a resolution awarding a bid for a street sweeper as com- prehended in the 1974 Budget. He reported that $34,000 had been appropriated for the equipment with an antici- pated trade-in of $3,000 resulting in an estimated net cost of $31 , 000. He stated that the low bid was con- siderably under the estimated cost and recommended acceptance of the Public Works Director's recommendation that the old street sweeper be retained for specific use in a major two year street seal coating program, which is being developed for recommendation. Councilman Jensen noted that the low bidder had offered $2, 600 as trade-in for the old street sweeper and pointed out that acceptance of the recommendation to retain the sweeper was tantamount to a nonbudgeted expenditure of $2,600. A discussion ensued regarding the economics of the retention alternative, it being the consensus to accept the recommendation that perspective savings in the seal coating program, combined with the subsequent selvage value of the old sweeper, justified retaining it. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 74-35 tion and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF VACUUM TYPE STREET SWEEPER 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, Bill Fignar, Tony Kuefler and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -2- 2-25-74 Planning Commission The first Planning Commission item considered was Application No. 74003 Application No. 74003 submitted by the Burger King (Burger King Corporation) Corporation. The item was introduced by the Director of Planning and Inspection who stated that the appli- cant was seeking permission to acquire the former Mobile Station site at 6100 Brooklyn Boulevard southerly of the Burger King Restaurant to demolish the gas station and to develop the parcel as an expansion of the existing parking lot. He stated that the purpose of the applica- tion is to provide for future expansion of the restaurant. Mr. Tremere briefly reviewed the preliminary site plan and stated concerns which included: (1) the need to plat the land; (2) the location of curb -cuts on Brooklyn Boulevard; and (3) the design layout of the restaurant parking facility and traffic flow. Mayor Cohen then recognized Mr. Warren A. Hanson of the Antler Corporation, who represented the applicant. An extensive discussion ensued relative to the proposed screening, the location of curb -cuts, and landscaping. Mr. Tremere stated that the applicant proposed the erection of a six foot high, vertical board fence along the east property line of the site addition. He stated that this would connect at the south end with an existing chain link fence and at the north end with a concrete block wall, which currently extends along the east property line of the restaurant. He also noted that the State Highway Department had voiced concern about the existing number of curb -cuts on Brooklyn Boulevard and had recommended a reduction. Mr. Tremere stated that the applicant had met with the Highway Department and had derived a'_concept which would retain the existing two curb -cuts on the restau- rant site, seal off the existing curb -cuts on the Mobil site, and provide one large curb -cut in line with 61st Avenue North. He stated that this proposed curb -cut would be approximately 41 feet in width and would have one in -bound lane and two out -bound lanes, which would be separated by a concrete delineator. He com- mented that this concept had been reviewed and approved by the City Engineer and had been discussed With certain officials at the State Highway Department, but had not yet received official confirmation. Relative to landscaping, Mr. Tremere noted the Planning Commission's concerns in terms of the green areas on the expanding site. He stated that all recommendations from the Planning Commission in terms of landscaping had been taken into consideration by the applicant and was reflected on the revised site plan presented to the City Council. He also commented that the ordinance requires that adjacent parcels to be used for a common development must be combined into a single parcel through platting or a registered land survey. He stated that this would be required upon acquisition of the Mobil site by Burger King Corporation and that parking would not be permitted on the site until it is accomplished. -3- 2 -25 -74 Mayor Cohen noted that notified property owners were not present to speak either for or against the application. Action Approving Motion by Councilman Kuefler and seconded by Councilman Planning Commission Fignar to approve Planning Commission Application No. Application No. 74003 74003 submitted by Burger King Corporation subject to the (Burger King Corporation) following conditions 1 . The properties will be platted into one parcel according to the provisions of the subdivision ordinance, prior to the use of the expansion area. 2. Grading, drainage, utility and berming plans are subject to review by the City Engineer. 3. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of the approved site improvements. 4. A six foot opaque, vertical board redwood fence shall be constructed and maintained along the east property line of the acquired site, extending from the existing screening wall on the north to the existing chain, link fence on the south. Voting in favor were. Mayor Cohen, Councilmen Britts , Fignar, Kuefler and Jensen. Voting against none. The motion passed unanimously. Planning Commission The next item of business was consideration of Planning Application No. 74004 Commission Application No. 74004 submitted by the (Brooklyn Center Brooklyn Center Industrial Park, Inc. The item was Industrial Park, Inc.) introduced by the Director of Planning and Inspection who stated that the application was comprised of two parts.- a special use permit request and site and building plan approval. Regarding the special use permit, he stated the applica- tion was the first seeking special use approval under the recently adopted provision :of Section 35 -330, which permits certain commercial uses in the Il district. He stated that the application comprehends the firstcof two phases consisting of office buildings connected by a common link He explained that the office complex had been designed for general office uses and that parking provisions have been calculated by the applicant on the basis of that use, not including retail, eating establishments, or medical and dental uses. He stated that any change of use of the Phase One office building be so restricted, pending any ordinance change, approval of amended site and building plans, or; provisions for additional parking on the site. -4- 2 -25 -74 Mr. Tremere also noted that a discrepancy in terms of the proposed right -of -way line at the north boundary of the site had been discovered by the City staff. He explained that based on present State Highway Department freeway expansion plans, that right -of -way line was actually located southerly of the one indicated, thus, eliminating approxi- mately 45 parking spaces comprehended under Phase Two deferred parking. He noted that in addition to the possi- bility of variation in the east line, which was recognized, the situation was one of doubt as to the proposed magni- tude of Phase Twos Mr. Tremere commented that there was adequate parking on the site for the Phase One building, including an appendage which would ultimately serve as a common link with the second structure. He noted that the Planning Commission's recommendations comprehend only Phase One of the project and it is conceivable that Phase Two as proposed on the master conceptual plan could not be developed. The Mayor then recognized Mr. Jon Redmond, representing the applicant. An extensive discussion ensued relative to the proposed development and the effects the change of the north right -of -way line will have on the proposed master plan. Mr. Tremere reviewed the site and building plan for Phase One which includes a structure consisting of seven floors of office space, plus an eighth floor hand- ball court and recreation area and a ninth floor penthouse mechanical area. He stated that Phase One also included a connecting link which would contain utilities, elevators, and a central stairwell. Mr. Tremere then commented on the shade of exterior brick to be used and its relative contrast to existing brick fascia used on other buildings in the Industrial Park, due to the massive appearance of the buildings as well as the desire to thwart any institutional look in the area. He stated that the applicant had been requested to furnish information regarding proposed energy conserving qualities of the structure. Mr. Redmond commented that the exterior walls would be sprayed with urethane -foam insulation and there would be insulating exterior glass, tinted to reduce summer heat build -up. An extensive discussion ensued relative to the site plan and landscaping provisions Mr. Tremere stated that the applicant had worked with the Engineering Department to develop an extension of Earle Brown Drive, including a cul -de -sac turn - around. He stated that parking had been calculated at the general office use, namely one space for two hundred square feet gross floor area. -5- 2 -25 -74 An extensive discussion then ensued relative to the type of curbing around the deferred Phase Two parking areas, as well as along the east boundary line of the site. The Director of Public Works reviewed the relative merit of permitting a temporary rolled bituminous curb, and he noted that there was some precedent for such approval, emphasizing that such curbing was only temporary and that usually within a three year period after approval permanent curbing is installed, He stated that if tem- porary curbing was approved, it would be subject to the condition that permanent curb and gutter would be required in a three year period. Mr. Merila recommended that the registered land survey of the area be amended as a condition of the site and building plan approval. He stated that the area compre- hended by the amended survey would extend from Summit Drive northerly to the proposed cul -de -sac turn - around. Mr. Tremere then commented that due to scheduling needs of the applicant, ground breaking had commenced prior to the City Council review. He stated that there was some precedent for issuing a preliminary or partial founda -' tion permit which would allow for such initial site work at the developer's risk. i Mayor Cohen noted that notified property owners were not present to speak either for or against the special use permit. Action Approving the Motion by Councilman Jensen and seconded by Councilman Special Use Permit Britts to approve the special use permit request under Under Planning Planning Commission Application No. 74004 submitted by Commission Application B.C. 1. P. , Inc. subject to the following conditions: No. 74004 (BLIP, Inc.) 1 . The permit shall be for Phase One of the proposed office complex, and'any subsequent phase shall be subject to separate special use permit review. 2. Any proposed changes in use not comprehended by the ordinance as general office or other commercial use be reviewed and approved by the City with respect to applicable ordinance requirements. 3. The permit shall be subject to the requirements as established by the City Council relative to site and building plan approval for Phase One. Voting in favor were: Mayor Cohen, Councilmen Britts , Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. -6- 2 -25 -74 Action Approving the Motion by Councilman Fi_gnar and seconded by Councilman Site and Building Plans Kuefler to approve the site and building plans compre- for Planning Commission hended by Planning Commission Application No. 74004 Application No. 74004 submitted by BoCsI.P., Inc. subject to the following (BCIP, Inc.) conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to the review and approval of the City Engineer prior to issuance of permits. 3. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of site improvements as indicated on approved plans. 4. Appropriate trash disposal facilities will be provided and will be properly screened if located outside. 5. The property of the proposed site and the property abutting Earle Brown Drive and Summit Drive northerly to the proposed cul -de -sac turn - around shall be subdivided to comprehend the realignment of Earle Brown Drive 6. Those areas on the approved plans designated as deferred parking for Phase Two may be seeded rather than sodded, but in any case shall be maintained with viable turf. 7. Required installation of permanent B -612 type curbing along the boundaries of those areas designated as deferred parking for Phase Two, along the eastern boundary of the site and the parking delineators along the eastern portion of the site may be deferred for up to three years, pending the development of Phase Two and the proposed realignment of the site boundaries subject to the following- a. Notwithstanding the above condi- tions, the City , may require the installation of curbing at an earlier time as deemed necessary. b. During the interim period, tem- porary bituminous rolled curbing approved by the City Engineer will be installed along the boundaries of the portion of the site designated as deferred parking for Phase Two and along the eastern boundary of the site. -7- 2 -25 - ?4 c. Required B -612 type curb and gutter will be installed along all other driving and parking areas as indicated on the approved plan. d. During the interim period temporary bituminous rolled curbing delineators approved by the City Engineer will be installed along the eastern portion of the site, 8. Additional green ash and other long -lived hardwood trees, a minimum 2 -1/2" to 3 diameter, shall be indicated on the final plans for the landscaped area along the easterly boundary of the site; however, the installation of said additional trees may be deferred until the development of Phase Two or the installation of permanent curb and gutter along said boundary. Voting in favor were: Mayor Cohen, Councilmen Britts , Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously® Amendment to Planning The next item of business was consideration of a proposed Commission Application amendment to Planning Commission Application No. 72025 No. 72025 (Brooklyn submitted by the Brooklyn Center Industrial Park, Inc. Center Industrial Park, The item was introduced by the Director of Planning and Inc.) Inspection who explained that site and building plans for the Earle Brown Farm Office Budding were approved by the City Council on Tune 12, 1972; He stated that the amend - ment was generated by the proposed office tower complex on the site to the north. He explained that the new plan called for the realignment of Earle Brown Drive and for the construction of a curb -cut connecting the existing parking area with the new north parking area. He stated that landscaping plans included with the site and building plan of Planning Commission Application No, 73004 shows a treatment of the expanded green area between the current and proposed Earle Brown Drive right -of -way line near the northwest access to the existing site. Mr. Tremere also explained that the curb -cut between the sites is intended to facilitate internal access between the two large sites. He emphasized that it was not to signify or authorize joint parking facilities which might be credited to parking requirements of either site. In further discussion Mr. Tremere stated that approval of this amendment would become part of the original action and the required site improvements comprehended under Planning Commission Application No. 72025 of which there is an outstanding performance agreement and bond. -8- 2 -25 -74 Action Approving the Motion by Councilman Britts and seconded by Councilman Amendment to Planning Kuefler to approve the site amendments to the plan com- Commission Application prehended by Planning Commission Application No. 72025 No., 72025 (BLIP, Inc,) submitted by B.C.I.P., Inc. and reflected in the site and landscape plans of Planning Commission Application No. 74004, noting that the amendments will be comprehended under the existing performance agreement and bond. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Recess The City Council recessed at 9:12 p.m. and resumed at 9:44 p. m. Mayoral Appointment Motion by Councilman Kuefler and seconded by Council - to the Park and man Jensen to confirm Mayor Cohen's appointment of Recreation Commission Mr. James W. Brenny to the Park and Recreation Commission as an at -large commissioner for a term of one year effective January 1 , 1974. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Mayoral Appointment Motion by Councilman Jensen and seconded by Councilman to Park Service. Area Britts to confirm Mayor Cohen's appointments to the Park Committees Service Area Committees: Park Service Area I 1) James Boone 2) Gerald Olejar 3) Alfred Magnuson Park Service Area II 1) Clayton Ditty 2) Robert Oberstar 3) Evonne Chatelle Park Service Area III 1) Ernie Johnson 2) Mary Andreen 3) George Olzenak Park Service Area IV 1) Joe Hill 2) Bruce Anderson 3) Brian Mortenson 4) Harriet Markeson Park Service Area V 1) Jeanette Baker 2) Jim Hart 3) Terrance Mitchell 4) Yvonne Quady 5) Diane Schake Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. -9- 2 -25 -74 Planning Commission The next item considered was Planning Commission Application No. 74005 Application No. 74005 submitted by the Kunz Oil (Kunz Oil Company) Company, The item was introduced by the Director of Planning and Inspection who explained that the applicant was seeking approval of a special use permit t® operate a gasoline station at the former Metro 500 facility, 6530 Brooklyn Boulevard. He stated that the applicant does not propose any major alterations to the present site or structure which has been used by several previous gasoline operations. Mr. Tremere commented that the area of the triangular parcel was approximately 15,500 square feet and that the design of the present facility, including a small building and pump islands, did not constitute a maximum use of the site. He stated that the site was of such a layout, however, so to provide for the intended use relatively well Mayor Cohen noted that notified property owners: were not present to speak either for or against the appli- cation. A lengthy discussion ensued relative to the proposed use and the effects the gasoline station will have on traffic flow and congestion on Brooklyn Boulevard. Action Approving Motion by Councilman Britts and seconded by Council - Planning Commission man Fignar to approve Planning Commission Application Application No. 74005 No. 74005 submitted by the Kunz Oil Company subject (Kunz Oil Company) to the following conditions: 1, The operation will be limited to the sale of fuel, lubricants, automobile parts and accessories and the vending of soft drinks, candy, cigarettes, and other incidental items for the convenience of customers within the principal building as provided in Section 35 -322 of the City Ordinances. 2. The operation shall be in conformance with Section 35 -414 and other applicable City Ordinanc j� - provi s ions. 3. The permit shall be issued to the applicant as the `operator of the facility and shall be non- transferable. 4. A minimum of four (4) parking spaces shall be delineated on the site as approved by the Director of Planning and Inspection for employee parking, 5. Any outdoor trash disposal facility shall be within an enclosed structure of opaque material. 6. The screening wall -type structures on either side of the existing building shall be used for screening purposes only. -10- 2 -25 -74 Voting in favor were: Mayor Cohen, Councilmen Britts , Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Planning Commission The next item of business was consideration of Planning Application No. 7400.9 Commission Application No. 74009 submitted by National (National Auto Parts, Auto Parts, Inc. The item was introduced by the Director Inc.) of Planning and Inspection who stated that the applica- tion represents a request for site plan approval for the property located at 6822 Brooklyn Boulevard. Mayor Cohen left the table at 10 :12 p.m. Mr. Tremere commented that the applicant proposes to reopen the former Budget Power Store for the retail sale of automobile parts and accessories. He stated that the present site is highly deficient in minimal improve - ments such as parking spaces, curbing, paving and drainage. Mayor Cohen returned to the table at 10 :15 p.m. Mr. Tremere also explained that the proposed improve - ments would substantially upgrade the site and were virtually identical to those approved for the same pro - perty by the City Council under Planning Commission Application No. 72012. He explained that in addition to paving, curbing, curb -cut widening, drainage and landscaping, the applicant plans to remodel the existing walkway and dock on the south side of the building and to demolish the old attabhed garage at the rear of the steel structure. Mayor Cohen then recognized Mr. Ken McLaren, president of National Auto Parts, Inc. and a discussion ensued. Mr. Tremere noted that the plans call for less than half of the main floor area to be used for actual retail sales activity. He stated that the remainder of the building, including a mezzanine area, would be used for storage, office and utility purposes. He explained that while the amount of parking sp aces - 25 -- was less than ordinance requirements for a new facility, the maximum use of the available space has been made for parking, which was considered to be adequate for the proposed retail activity. He noted that the parking situation was actually enhanced from that indicated on the plans approved under Planning Commission Application No. 72012, in that the present plans do not call for a 1,000 square foot addition. Mr. Tremere commented that the existing sign painted on the front of the building would be painted over and comparable signery would not berpermitted, although a wall sign or projecting sign would be allowed. He noted that the plans call for the paving and drainage of the rear portion of the site which heretofor had been used for vehicle storage and a turn - around area for large trucks. . -11- 2 -25 -74 i . 1 Mr, Tremere also commented that the curb -cut onto Brooklyn Boulevard would be widened to 24 feet and that a green strip along the southern boundary was not proposed in deference to providing for a 24 foot wide driving lane the length of the property, and the establishment of full dimensioned parking spaces along the south side of the building. He stated that curb and gutter was proposed along the south pro - perty line. Action Approving Motion by Councilman Fignar and seconded by Council - Planning Commission man Jensen to approve Planning Commission Application Application No. 74009 No. 74009, submitted by National Auto Parts, Inc. , (National Auto Parts, noting the compatibility of the subject plans with Inc.) previously approved plans under Planning Commission Application No. 72012 subject to the following conditions: 1. Grading, drainage, and utility plans are subject to review and approval by the City Engineer. 2. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 3. The building shall be brought into com- pliance with applicable building, fire and safety codes prior to the issuance of certificate of occupancy. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Planning Commission The next item considered was Planning Commission Application No. 74006 Application No. 74006 submitted by the Twin Lake (Twin Lake Alano Alano Society, Inc.. The item was introduced by the Society, Inc.) Director of Planning and Inspection, who stated that the applicant had recently negotiated the purchase of the former Twin Lake School, 4938 Brooklyn Boulevard, and was seeking a special use permit as required in the R1 district by Section 35 -310, referring to non - commercial uses required for the public welfare as determined by the City Council. Councilman Fignar left the table at 10028 p.m. The Mayor recognized Mr. Gooler, who represented the applicant, and an extensive discussion ensued relative to the proposed site plans. Mr. Tremere commented that there was adequate area on the site to provide for the parking spaces required by the ordinance, based on gross floor area of the building as well as on the formula which was applied in this case requiring one space for every three seats. Councilman Fignar returned to the table at 10 :30 p.m. -12- 2 -25 -74 i Mr. Tremere noted that the parking had been phased and the initial required site work would be primarily at the northern end of the site. He Indicated that the plans called for realignment of one of the curb -cuts onto Brooklyn Boulevard, as well as the installation of the six foot high fence along the north property line. Mr. Gooler commented on the nature of the society's growth as experienced in other Alano chapters over the years. Mr. Tremere commented that the potential capacity of the building was determined in part by occupancy loads set forth by the State Building Code. He explained that the Phase Two parking would be developed as the membership grew. Mr. Tremere also commented on the desirability of shortening the east end of a cement block attached garage to provide for future access around the rear of the building, as well as for aesthetic purposes. Mr. Gooler stated that the Society agrees with this concept but prefers to defer the actual remodeling work until the group has had a chance to become established and until growth dictated the Phase Two improvements. A discussion ensued relative to the application and the possibilities of requiring some type of dedication for street right -of -way on Xerxes Avenue North from the north property line to 50th Avenue North. Mayor Cohen then noted that notified property owners were not present to speak either for or against the application. Action Approving Motion by Councilman Kuefler and seconded by Planning Commission Councilman Britts to approve Planning Commission Application No. 74006 Application No. 74006 submitted by the Twin Lake (Twin Lake Alano Alano Society, Inc. subject to the following con - Society, Inc.) ditions: 1. Drainage, grading, and berming plans are subject to review and approval by the City Engineer prior to the issuance of the pemit. 2. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 3. Current information relative to parking restrictions, meeting attendance rules and hours, and membership size rei- lations shall be submitted in writing to the file by the officers of the Twin Lake Alano Society. -13- 2 -25 -74 4. The site Will be platted according to the provisions of Chapter 15 of the City Ordinances within one year of the issuance of permit, and that plat shall provide a dedication for street right -of -way on Xerxes Avenue North from the north property line to 50th Avenue North. 5 o The premises will be brought into compliance with all applicable state and local regulations as to fire safety, health and building code standards, and such compliance will be documented by the appropriate inspection agencies and submitted to the file prior to the issuance of the special use permit. 6. Landscaping on the easterly green area of the north parking lot shall include shrubbery, in addition to berming. Voting in favor were.- Mayor Cohen, Councilmen Britts, Fignar, Kuef.-er and Jensen. Voting against.- none. The m0-tion passed unanimously. Amendment to Planning The next item of business was consideration of an Commission Application amendment to Planning Commission Application No. 73027 No. 73.027 (Brook Park submitted by the Brook Park Baptist Church. The item was Baptist Church) introduced by the Director of Planning and Inspection who stated that the City Council had approved a preliminary plat under this application for the church property located at 4801 - 63rd Avenue North on September 11, 1973. Mr. Tremere stated that the applicant had determined that the easterly portion of the south part of the property, Outlot B, was unsuitable for building. He stated that the church has been in negotiations with the Osseo School District regarding the possible exchange of a portion of Outlot B for some land on 63rd Avenue North, owned by the school district. He stated the amendment proposes enlarging the length (north-south) of Outlot B from 345 feet to 375 feet which would permit possible future development of up to five residential lots along Perry Avenue North. Mayor Cohen then recognized Mr. Rolf, who represented the applicant, and a brief discussion ensued. Action Approving the Motion by Councilman Britts and seconded by Councilman Amendment to Planning Fignar to approve the amended preliminary plat contained Commission Application in Planning Commission Application No. 73027 submitted No. 73027 (Brook Park by Brook Park Baptist Church subject to the original Baptist Church) conditions as noted in the September 11, 1973 City Council minutes. Voting in favor were.- Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against.- none. The motion passed unanimously. -14- 2-25-74 Status Report on Planning The City Manager presented a status report on Planning Commission Application Commission Application No. 71019 submitted by No. 71019 (Standard Standard Solvents Company. He stated that the City Solvents) Council had directed the staff to review the application in terms of Standard Solvents' failure to fulfull 1971 site and building requirements. He also stated that the City Council had deferred action on their 1974 bulk storage license until action has been taken on the site and building requirements . Mayor Cohen left the table at 10.-58 p.m. The City Manager reported that he and Blair Tremere had met w-' Mr. Heegaard cf Standard Solvents to discuss the situat He stated that it was Mr. Heegaard's contention that the ec nomic condition of the ccmpany wc Uld not allow fulfillment of the conditions established by the City Council in approving site and building plans in 19 71 0 Maycz C--hen returned to the table at 11 X 0 1 p. m. The City Manager continued that the Standard Solvents s it uation I tu a t Ion represented a dilemma of public safety vs. � the pcssi'ble demise of a business. He stated that in an to classify the 1971 site and building condi- tions into safety related and nonsafety related categories, he had requested the Fire Chief to thoroughly review his 1970 findings and recommendations pertaining to the Standard Solvents operation. He referred to a current letter from the Fire Chief reiterating the Chief's earlier findings and recommendations, and to a current report of the State Fire Marshal's office ordering the installa- tion cf some major add-itions to the Standard Solvents physical plant. An exten.s',I've discuss, ensued regarding the situation with the consensus emerging that the element of public safety must take priority over the financial condition of the company to make safety related improvements. It was conch - that the City Manager should invite Mr. Heegaard to develop and submit reliable evidence disp the safety charges and thereafter to invite Mr. Heegaard to appear before the City Council to show cause for failing to fulfill the 1971 site and building approval conditions. RESOLUTION Member Bill Fignar introduced the following resolution NO. 74-36 and moved its adoption- RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION 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, Bill Fignar, Tony Kuefler and Robert Jensen; and the following voted against the same- none, whereupon said resolution was declared duly passed and adopted. -15- 2-25-74 RESOLUTION Member Maurice Britts introduced the following resolution NO. 74 -37 and moved its adoption: RESOLUTION AMENDING THE 1974 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, Bill Fignar, Tony Kuefler and Robert Jensen,- and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 74 -7 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 3 OF THE CITY ORDINANCES, ESTABLISHING REQUIREMENTS FOR THE ADDRESSING OF BUILDINGS 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 o Maurl'ce Britts, Bill Fignar, Tony Kuefler and Robert Jensen,- and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted, ORDINANCE Member Maurice Britts introduced the following ordinance NO. 74 -8 and moved its adoption,-, AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO CERTAIN FEES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FCLLOWS-, Section 1. Section 35 -230 (1) (a) is hereby amended to read as follows A "Plan Approval" application shall be initiated by the owner of the subject property or hZ his authorized agent. The applicant shall fill out and submit to the Secretary of the Planning Commission a "Plan Approval" application, copies of which are available at the muni- cipal offices, together with a fee of [$10.001 25.00. The application shall be filed with the Secretary of the Planning Commission at least fourteen (14) days prior to the next regular meeting of the Planning Commission. Section 2. Section 35 -240 (1) (b) is hereby amended to read as follows-, The applicant shall fill out and submit to the Secretary of the Board of Adjustments and Appeals a "Variance" application, copies of which are available -16- 2 -25 -74 at the municipal offices, together with a fee of [$10.001 115.00. The application shall be filed with the Secretary of the Board at least fourteen (14) days before the date of the public hearing. Section 3. This ordinance shall become effective after adoption and thirty (30) days following its legal publication. Adopted this 25th day of February, 1974. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar; and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Bill Fignar, Tony Kuefler, and Robert Jensen, and the following voted against the same.- none, whereupon said ordinance was declared duly passed and adopted. ORDINANCE Member Robert Jensen introduced the following ordinance NO. 74-9 and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATIVE TO CERTAIN FEES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 34-151 (1) is hereby amended to read as follows: The permit fee for any permanent sign, other th&n a freestanding sign shall be [$3.00] 110.00 for the first fifty (50) square feet of gross area or fraction thereof and $ 15 . 00 for each additional f ifty (5 0) square f eet with a maximum f ee of $10.00) of dros area or fraction thereof . Section 2. Section 34-151 (2) is hereby amended to read as follows.- The permit fee for any permanent freestanding sign shall be [ $8.001 115 . 0 0 f or the first fifty (5 0) square feet of gross area or fraction thereof and [$2.001 �10.00 for each additional fifty (50) square feet [with a maximum fee of $15.001 of gross area or fraction thereof. Section 3. Section 34-160 (2) is hereby amended to read as follows.- The applicant for a sign hanger's license shall pay a [twenty ($20) dollar] $35.00 license fee, and the license shall run from May 1 to April 30 of the following year. Section 4. This ordinance shall become effective after adoption and thirty (30) days following its legal publication. Adopted this 25th day of February, 1974. -17- 2-25-74 i The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof.- Philip Cohen, Maurice Britts, Bill Fignar, Tony Kuefler and Robert Jensen; and the following voted against the same.- none, whereupon said ordinance was declared duly passed and adopted. ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 74-1 and moved its adoption- AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATIVE TO CERTAIN SIGNS NOT REQUIRING A PERMIT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS�FOLLOWS: Section 1,. Section 34-140 (k) is hereby amended as follows. k. Real Estate signs as follows. (1) Temporary freestanding or wall signs for the purpose of selling or leasing individual lots or entire buildings provided that such signs [are] shall be less than ten (10) square feet for residential property and thirty-two (32) square feet for other property and that there shall be only one such freestanding or wall sign [is] permitted for each property. The sign[s] must be removed within ten (10) days following the lease or sale. (2) A temporary freestanding sign for the purpose of announcing or promoting a new residential, commercial or indus- trial project development, provided that each residential project contains at least six (6) dwellings or lots. Further provisions are that one such sign is permitted for each major [street] thoroughfare the project abuts; the signs [are] shall be located at least one hundred thirty (130) feet any pre-existing home, the signs are removed within two _(a years of issuance of the first building permit in the project or when the particular project is ninety (90) per cent sold outor rented, whichever is sooner, and each sign shall not exceed the following size limitations: Project area under 10 acres - 48 square feet Project area over 10 acres - 320 square feet -18- 2-25-74 (3) Wall signs for the purpose of leasing or selling dwelling units in buildings con- taining two L or more units, provided such signs [are] shall be limited to five (5) square feet in area and to one (1) such sign per building. (4) Wall signs for the purpose of leasing portions of commercial or industrial buildings, such as offices or individual tenant areas, shall be limited to five (5) square feet in area and to one (1) such sign per wall facing a major thoroughfare. Said signs shall be located no higher than the ground floor height. Section 2. Any existing signery not in conformance with these requirements at the time of adoption of this ordinance shall be brought into conformance within thirty (30) days of adoption: Section 3 o This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 25th day of February, 1974. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar; and upon vote being tAken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Bill Fignar, Tony Kuefler, and Robert Jensen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Licenses Motion by Councilman Jensen and seconded by Councilman Britts to approve the following licenses. CATERING FOOD VEHICLE Harold Manke, Jr. 6915 Lee Ave. CIGARETTE LICENSE Acorn Vending Tom's Mobile 6849 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Mr. D's 8236 Morris Road J. C. Penney Co. 1265 Brookdale Ricca °s 5742 Morgan Ave. Two Roman Steak and Spaghetti Villa 5525 Brooklyn Blvd. NON - PERISHABLE FOOD VENDING MACHINE LICENSE Best Service Vending Brooklyn Center Service 6850 Brooklyn Blvd. Eagle Industries Twin Lake Apartments 58th and Major Ave. Hame° s Vending Cass Screw Co. 4748 France Ave. Duke's Standard 6600 Lyndale Ave. Federal Lumber 4810 N. Lilac Dr. Minnesota Fabrics 5712 Morgan Ave. Northomation Systems Brookdale Ford 2500 County Road 10 -19- 2 -25 -74 READILY PERISHABLE FOOD FLEET Community Emergency Assist. Program 4111 - 71 st Ave. Servomation 4301 - 68th. Ave. SPECIAL FOOD HANDLERS LICENSE Ideal Drug Store 5 740 Morgan Ave. LaBelle °s Dist. 5925 Earle Brown Dr. Voting i�i favor were.- Mayor Cohen Councilmen Britts , Fignar, Kuefler and Jensen. Voting against.- none. The motion passed unanimously, Approving Claim The City Manager next described a situation wherein a Brooklyn Center policeman sustained a destroyed battery in his private automobile in attempting to assist fellow officers in starting a police vehicle in order to respond to an emergency calla The Manager referred to a recommendation from the Director of Finance to the effect that the prorated value of the battery was $17050 and payment of a claim to that extent was recommended. Motion by Councilman Kuefler and seconded by Council - man Jensen to approve the claim of Patrolman Weeks for one damaged battery at a cost of $17.50. Voting in favor were.- Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against. none. The motion passed unanimously. Ad Hoc Committee to Mayor Cohen then stated that he has consulted with Make Recommendations Mr. Carl Gross, Chairman of the Planning Commission, in Terms of the Multi- to establish an ad hoc committee made up of members of residential Moratorium the Planning Commission and the City Council to inves- and the Home Occupation tigate and make recommendations in terms of the home Definition occupation definition and the multi- residential moratorium. He stated that he has appointed Councilman Kuefler and Councilman Jensen to the ad hoc committee, He commented that Mr. Gross has appointed himself, Commissioner Foreman, and Commissioner Pierce to the ad hoc committee from the Planning Commission. Extension of the Multi- Motion by Councilman Fignar and seconded by Councilman residential Moratorium Jensen to extend the multi - residential moratorium through March 1974. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against.- none. The motion passed unanimously. Service Station Congestion The City Manager next discussed the service station congestion problem which seems to be developing in Brooklyn Center. He stated that the staff is reviewing the situation in terms of traffic patterns and will make recommendations to the City Council in the near future as to some type of traffic plan which can be instigated if the congestion problem increases. -20- 2 -25 -74 Adjournment Motion by Councilman Britts and seconded by Councilman Kuefler to adjourn the meeting. Voting in favor were; Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12.07 a.m. Ma 'Clerk -21- 2 -25 -74