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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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. .
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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.
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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.
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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.
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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.
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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
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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
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(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
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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.
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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
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