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HomeMy WebLinkAbout1974 04-22 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 APRIL 22, 1974 CITY HALL I Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:32 p.m. Roll Call Mayor Cohen, Councilmen Fignar, Britts, Jensen, and Kuefler. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere City Attorney Richard Schieffer, Chief of Police Thomas OBHehir, and Administrative Assistants Daniel Hartman and James Lacina , Approval of Minutes 4 -8 -74 Motion by Councilman Britts and seconded by Council-man Jensen to approve the minutes of the April 8, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler Fignar and Jensen. Voting against° none. The motion passed unanimously, Brooklyn Center - Crystal The City Manager introduced the first item of business, Environmental Preserve the annual report for the Brooklyn, Center -Crystal Annual Report Environmental Preserve. He stated that the report has submitted by the Environmental Preserve Task Force and has been reviewed by the Conservation Commission. He outlined the report, describing the projects completed in 1973 and tlae projects planned for 1 974 The Mayor recognized Mrs. Ann Mencel, Chairman of - the Environmental Preserve Task Force. Mrs. Mencel stated that the preserve has been used quite heavily over the past winter with the beginning of a ski touring program. Mayer Cohen asked if snowmobil.in.g has been a problem over the winter. Mrs. Mencel commented that snowmo- biling has been reduced in the preserve, but the problem still exists. The Mayor commended the Task Force for their work and thanked Mrs, Mencel for her report. Mrs,, Mencel responded to other inquiries regarding the preserve development and operation Motion by Councilman Kuefler and seconded by Councilman Britts to accept the Brooklyn Center - Crystal Environmental, Preserve Annual. Report and commend the Environmental Preserve Task Force. Voting in favor were. Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. I ln,al Plat for The City Manager next introduced the final plat for the Greenly Addition Greenly Addition. He stated that the plat had been pre- liminarily approved by the City Council on December 17, 1973. He commented that it has been reviewed by the City Engineer. ®1- 4 -2274 RESOLUTION Member Robert Jensen introduced the following resolution NO. 74 - 65 and moved its adoption: RESOLUTION DECLARING APRIL 27 THROUGH MAY 4 AS "PRIDE IN YOUR CITY WEEK" The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof. Philip Cohen, Maurice Britts, Tony Kuefter, Bill fignar and Robert Jensen; and the following voted against the same, none, whereupon said resolution was declared duly passed and adopted. Resolution Awarding The City Manager next presented a draft resolution Group Hospital and awarding bids for group hospital and medical insurance Medical Insurance He stated that bids were received on March 27, 1974 for group hospitalization and medical insurance as per recent State law. He stated that very comprehensive specifications were prepared by the Director of finance and mailed to numerous prospective bidders. He com- mented that only one bid had been received, our present carrier, Blue Cross and Blue Shield of Minnesota and Minnesota Indemnity, Inc The City Manager then outlined the proposed coverage, stating that the bid consisted of a basic plan with five alternative programs. He stated that the Director of Finance had polled City employees to find out their opinion and noted the basic expression was for an increase in the major medical coverage from the present $10,000 to $25,000. He also commented that a majority of the employees favored some kind of increased room rate coverage A Lengthy discussion ensued relative to the proposed coverage with Councilman Jensen inquiring as to what portion of the coverage is supported by the City. The City Manager stated that at present all non -union employees have $12 paid toward their insurance coverage. He stated that the Local 49 union contract provides for an additi(,nal $10 towards dependent coverage as of July 1, 1974 and $15 as of January 1, 1975. The item was then deferred in favor of Planning Commission hearings scheduled for 8.00 p.m. a' n_ng Commiss on The next item of busi -ness was consideration of Planning APplication No. 74012 Commission Application No. 74012 submitted by the Wtenan Slec Wieman Slechta Builders, Inc. The item was introduced B ders, nc ®) by the Director of Planning and Inspection who explained that the applicant was seeking approval of site and building plans for a 35,000 square foot general industrial building on the southeast corner parcel at 67th Avenue North and Shingle Creek Parkway. He stated that plans indicate 4,200 square feet would be used for office space and 30,800 square feet is designated for general industrial uses. -3® 4 -22 -74 Mr. Tremere noted that the original plans were revised to reflect a consensus of the Planning Commission that the size of indicated hardwood trees should be a minimum of 4 inch caliber and at least half of the indicated ever- greens should be a minimum 6 feet high. He also commented that the juniper plantings have also been increased to a minimum 24 inch diameter. Mayor Cohen then. recognized Mr. Slechta, the applicant, and a discussion ensued relative to the exterior finish of the building, the proposed berming and the need for concrete delineators in the parking area. Relative to the exterior finish of the building Mr. Tremere stated that it was desirable that a decorated block be used on all elevations of the structure which would be compatible with, the existing buildings in the Industrial Park. He noted that revised plans have been submitted indicating revisions that were requested by the Planning Commission in their deliberation. Action Approving Motion by Councilman Fignar and seconded by Councilman Planning Commission Kuefler to approve Planning Commission Applicatlon Ho. Application No. 74012 74012 submitted by the Wieman Slechta Builders, Inc (Wieman Slechta subject to the following conditions: Builders, Inc.) 1. Building plans are subject to review by the Building Official with respect to applicable codes prior to the issuance of a permit. 2. Grading, drainage, utility and berming plans are subject to review by the City Engineer prior to the issuance of a permit. 3. 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 improve- ments. Voting in favor were: Mayor Cohen, Councilmen Britts , Kuefler, Fignar and Jensen. Voting against, none. The motion passed unanimously. Planning Commission The next item considered was Planning Commission Ap cat1on Noy 7401:5 Application No, 74015 submitted by Mr. David Brandvold. Mro 11-ivid Br,'-in-d gold) The item was again introduced by the Director of Planning and Inspection who stated that the applicant was seeking a variance from Section 35 -400, requiring a minimum 75 foot front yard width, to permit construction of a single family home on a parcel which is 65.5 feet wide at 5333 - 4th Street Forth. He stated that there was substantial precedent for this type of action in this area of the City. He also commented that the land has been platted and neighboring lots, with existing homes, were of comparable width, Mayor Cohen recognized Mr. David Brandvold and noted that notified property owners were not present to speak either for or against the proposed variance, _4® 4 -22 -74 Motion by Councilman Kuefler and seconded by Councilman Fignar to approve Planning Commission Application No. 74015 submitted by David Brandvold. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler Fignar and Jensen. Voting against: none. The motion passed unani- mously. Planning Commission The next item of business was consideration of Planning Application No. 74016 Commission Application No. 74016 submitted by Egan.., (Burger King Corp.) Field and Nowak for Burger King Corporation. The item was introduced by the Director of Planning and Inspection who stated that the application was in response to a condition of approval for Planning Commission. Application No. 74000 requiring that the former Mobil Station site be combined with the restaurant site into one parcel at 61st Avenue North and Brooklyn Boulevard Motion by Councilman Britts and seconded by Councilman Jensen to approve Planning Commission Application No. 74016 submitted by Egan, Field and Nowak for Burger King Corporation subject to the following conditions: 1 . The final plat is subject to requirements of the subdivision ordinance. 2. The final plat is subject to review by the City Engineer. Voting in favor were: Mayor Cohen, Councilmen Britts Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Planning Commission The next item was consideration of Planning Commission Application. No. 74017 Application No. 74017 submitted by Mr. hucious Howard. (Mr. Lucious Howard) The item was again introduced by the Director of Planning and Inspection who stated that the applicant was request- ing a three foot variance from Section 05 ®400, which requires a 10 foot side yard setback for single family dwellings to permit extension of his living area to seven feet from the side lot line. Mr. Tremmere commented that the applicant's house at 2218 - 55th Avenue North is similar to many other rambler type dwellings throughout the City in that it has an attached single car garage which extends as permitted into the 10 foot side yard setback. He stated that there is an open porch or patio at the rear of the garage covered by the dwelling and garage roof. He explained that the applicant proposes to enclose the open patio in order to expand his kitchen area and desires to align the kitchen wall with the side wall of the garage, thereby encroaching into the side yard. He stated that the applicant's contention that his proposal is a reasonable and appropriate use of the property, and a hardship would be realized due to the setback standards. Mr. Tremere noted that there was an established precedent for granting such a variance, and that one of the most recent cases involved a very comparable situation, Planning Commission Application No. 71002. He stated that the City Council in that case asked that an analysis be made �5� 4 ®22 -74 regarding such dwellings and yard setback variances. He stated that the staff was in the process of preparing recommendations which would be available in the near future. The Director of Planning and Inspection also stated that since the home had been built according to estab- lished side yard setback requirements and since the proposed addition would be aligned with the outer wall of the existing stricture, there would seem to be no farther encroachment into the side yard setback allowing for the granting of such variances, particularly in light of precedent Mayer Cohen then recognized Mr. Lucious Howard and a brief discussion ensued relative to the proposed appli- cation. The Mayor noted that notified property owners were not present to speak either for or against the proposed variance. Mr. Tremere stated that a letter was submitted to the file from the property owner on the side of the pro- posed addition stating that he had no objection to the proposed variance. Action Approving Motion by Councilman Britts and seconded by Councilman Planning Commission Jensen to approve Planning Commission Application No. Application No. 74017 74017 submitted by Mr. Lucious Howard on the grounds (Mr. Lucious Howard) that the proposed addition would not be detrimental to the surrounding properties; that the variance would allow a reasonable and proper use of the property; and, that there has been precedent established for such requests Voting in favor were: Mayor Cohen, Councilmen Britts Kuefle.r, Fignar and Jensen. Voting against, none. The ?motion passed unanimously. Recess 'The City Council recessed at 9 :10 p.m. and resumed at 9.35 p.m. Political Sicgnery The City Manager introduced the topic of political signery, He stated that the topic had been discussed at the last City Council meeting and deferred for further discussion, He commented that the City Council had considered reducing its considerations to two basic elements: a reduced time limit on the posting of signs prior to elections, and the establishment of a minimum sign size, Mayor Cohen stated that he favored a reduction in the sign posting period prior to elections and explained his personal opinion that political signs are not essential to the conduct of a political campaign. Councilman Jensen explained his position of opposition to the banning of political signery. He stated, however, that he did favor a reduction from 60 days to possibly 30 days in the time limit for posting political signs prior to elections Councilman Kuefler stated that the consensus of opinions which he sought suggested that there be no change in the - 6 - 4 -22 -74 i sign ordinance. However, he explained his personal opinion that there probably ought to be a reduction in the sign posting period. Councilman Fignar explained his personal belief that political signs were unnecessary to the conduct of an election campaign, recognizing that such an opinion was not shared by others whose opinion he sought. He stated agreement with the proposal to reduce the sign pasting period. Councilman Britts stated that upon reflection he saw no real problem with political signs in Brooklyn Center. He commented that he initially felt that the sign posting period should be reduced and that some means should be found to eliminate the proliferation of small political signs. He stated disagreement with the City Manager's recommendation that the establishment of a minimum political sign size would constitute an illegal effort to impose economic sanctions into the political signery issue. Mayor Cohen then opened the meeting to those citizens present to speak either for or against the proposal. The Mayor recognized Mrs. Delores Fehlberg, 4512 Woodbine Vane, who stated that she saw no objection to the political sign ordinance as it exists and expressed a desire to leave the ordinance as it is presently con- stituted. She stated that it is the right of the people to express themselves politically. Mayor Cohen next recognized Mr. John Jensvold, 5832 Colfax Avenue North, who commented that he would be in favor of the present ordinance, The Mayor also recognized Mr. Jaynes Fischer, 6330 Indiana Avenue North, who stated that very restrictive control of political signery would seem to violate a person's right of expression, Mayor Cohen then polled the citizens present on the issue of whether the present City ordinance relating to Political signs should be left as constituted, A majority favored the present City ordinance. Motion by Councilman Fignar and seconded by Councilman Kuefler to reaffirm the present City ordinance as con- stituted noting the citizen concern in the area of political siignery . Voting in favor were.- Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously, Planning Cominis pion The next item considered was Planning Commission Application, No® 74018 Application No. 74018 submitted by the Mobil Oil i'Mobil Oi,l Corp.) Corporation. The item was introduced by the Director of Planning and Inspection who stated that the applicant has proposed certain site and building improvements and amendments which require approval as conditions of a service station's special use permit. He stated revisions included the removal and relocation of pump islands, -7- 4 -22 ®74 removal and renovation of the building exterior finish, striping of parking spaces and the development of a required 15 foot boulevard green area on Brooklyn Boulevard and 69th Avenue North. Mr. Tremere noted that the original plans did not anti- cipate installation of a required underground irrigation system for the proposed green areas. Mayor Cohen then recognized Mr. Huffaker representing the applicant, who stated that the underground irrigation system had not been proposed since the site paving was in place and the cost factor would make the project economically unfeasible. Mr. Tremere also commented on the plans that would require specific installation of B -612 type curb and gutter around the driving and parking areas, and that a seven foot easement would be required of the applicant for walkway purposes. He explained that there was the existing walkway in place but that it was close to the street since an easement had not been obtained from the applicant at the time of walkway installation. He stated that the applicant had decided against granting an ease- ment since the driving area extended to the property line of the site and due to pump island locations Mr. Huffaker commented that it is the policy of Mobil Oil Company not to grant easements on their property. The Mayor commented that an easement will be required since there is a need for a safe walkway on Brooklyn Boulevard. A discussion ensued relative to the proposed walkway easement and the need for the required underground irrigation system for the green areas. Mr. Huffaker again reiterated his Company's position in terms of the granting of an easement and also the economic feasi- bility of providing an underground irrigation system. Action Approving Motion by Councilman Kuefler and seconded by Councilman Planning Commission Fignar to approve Planning Commission Application No. Application No. 74018 74918 submitted by the Mobil Oil Corporation subject to (Mri Oil Corp.) fallowing conditions 1. The required site improvements shall be those indicated on approved plans including install- ation of required green strips, permanent B -612 type curb and gutter, parking stalls, and a required underground irrigation system for the green areas. 2. A performance bond and financial guarantee, in an amount to be determined by the City Manager, shall be submitted to assure completion of approved site improvements. 8. A 7 -foot walkway easement shall be submitted to the City subject to approval by the City Engineer. 4. Approval is exclusive of all signery. -8- 4 -22 ®74 Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Mayor Cohen left the table and Councilman Kuefler assumed the chair at 10:26 p.m. Planning Commission The next item of business was consideration of Planning Application No. 73019 Commission Application No. 73019 submitted by E -Z (E -Z Mini Storage) Mini Storage. The application was again introduced by the Director of Planning and Inspection, who stated that the applicant was proposing the development of a self- storage facility consisting of several long buildings which were compartmentalized and leased to the general public for the storage or warehousing of personal items He stated that the applicant contends the activity is primarily commercial in nature rather than industrial and, thus, is consistent with the zoning of the proposed site located at 68th Avenue North and Lee Avenue North, westerly of Iten Chevrolet and easterly of the Northern States Power Service facility. Mayor Cohen returned to the table and assumed the chair at 10,30 p.m. Mr. Tremere continued by stating that the applicant has prepared site and building plans generally consistent with ordinance requirements, a master plan since the project comprehended two phases of construction, and a conceptual master plan showing a potential use of the site and its proposed long buildings by other more typical commercial uses. He also commented as to the question of feasibility of the use on this site and stated that in a C2 zone storage and warehousing is not explicitly permitted and could only be considered under the ordinance provision for "other similar uses in nature" to those explicitly com- prehended in the particular zoning districts. The City Manager chronologically reviewed the events relating to application No, 73019. He stated that the applicant had initially proposed live -in quarters for resident managers of each building and that the entire concept had been preliminarily reviewed by the Planning Commission many months earlier with the resultant direction to eliminate proposals for live-in quarters He described how architectural efforts had been expended in complying with Planning Commission and staff encouragements to design and lay out the facility so that it could be used for more traditional C -2 uses in the event that the mini - warehouse concept should some time prove inappropriate. The City Manager commented that the staff had grave reservations about land use control of such a concept, t particularly in consideration of i p ® p Y s t location in a C -2 zone, He stated that such reservations were heightened upon conversing with staff members in other communities where the mini - warehouse concept has been, implemented and even further upon reviewing a promotional brochure suggesting the variety of non - storage uses to which mini - warehouse space might be devoted. -9- 4 ®22 -74 The City Manager also referred to the fact that during the 1968 overhaul of the zoning ordinance, the Planning Commission and City Council vigorously debated the issue of whether warehousing as a land use ought to be permitted in C -2 and I -1 districts, eventually concluding that warehousing ought to be limited to the 1 -2 use as reflected in the present zoning ordinance. He suggested to the City Council that the central issue which must be resolved before site and building plans are considered is whether the proposed warehouse use is similar in nature to other permitted C ®2 uses and, thus, to be deemed a permitted C -2 use itself. The Mayor then recognized Mr. Charles Nolan the applicant and an extensive discussion ensued. Mr. Nolan stated that the proposed site was attractive to the E -Z Mini Storage operation since it provides exposure to the general public, He stated that the project was a con- s iderable dollar investment in terms of site improvement, as well as the development of a concept which is new in the Twin Cities Metropolitan area. Mr. Nolan commented that E -Z Mini Storage had con- sidered other sites in Brooklyn Center, but they felt this site was the best since it afforded both exposure and accessibility. He stated that E ®Z Mini Storage is unique and other communities have considered it as a commercial use. He cited other locations in Brooklyn Center which were considered, including the Industrial Park and an area near the new water tower. He stated that these generally were unsatisfactory due to economics or access ccnsid- eratioinso He also cited some of the uses surrounding the subject site, namely Iten Chevrolet and Northern States Power. Mr. Nolan commented that the E -Z Mini Storage facility was definitely more commercial in nature. Mr. Tremere commented that Iten Chevrolet was a permitted special use in the zone, including the outside storage of automobiles, and that Northern States Power was also- a recognized special use as a public utility. Councilman Jensen then inquired as to why freeway exposure is so important to the operation. Mr. Nolan replied that advertising is important to such an operation, and the best type of advertising is exposure to the public. Councilman Kuefler asked about the experience in tenant use that they have had in other communities. Mr. Nolan commented that it is about half in terms of residential storage and small manufacturing type operations who use the storage facilities. Councilman Kuefler then asked what the occupancy rate would have to be to make for a successful venture. Mr. Nolan replied that it is much like an apartment complex in that 85% would be required to make the project economically successful. He also stated that the project would involve a certain amount of office space in the buildings offering an even greater mixture of commercial uses on the proposed site. ®10® 4 -22 -74 Mayor Cohen recognized Mr. Dayton Soby, who stated that he was an attorney representing the owner of the parcel. He commented that the control of uses in the E -Z Mini Storage facility would seem to be governed by ordinance requirements as in other commercial buildings. He stated that the concern is one of proper zoning, which would imply that the level of activity on the subject parcel would have to be within those zoning restrictions. He stated that E ®Z Mini Storage would be similar in both C and 1 zones Mr. Soby next commented on the nature, of the activity and its low intensity in terms of traffic and noise. He stated that E-Z Mini Storage would provide a lower level of activity than some of the other uses in the area. He commented on the lten Chevrolet operation and the proposed postal facility in terms of a higher level of activity. Mr. Soby stated that E ®Z Mini Storage is an appropriate use for the site considering the nature of the soil and the neighboring uses. He stated that he appreciates the City Council's concern and noted that industrial zones in other communities offer certain commercial uses. Mayor Cohen commented that there is a need to examine the zoning principles behind the different zones in terms of whether such an operation would be similar to other commercial uses. Mayor Cohen recognized Mr. Bruce Bermel, representing Bermel Smaby Realty Company, who commented as tc the marketability of the property. He stated that the property requires a sizeable investment by a development to im- prove the site. He referred to the proposal as a unique type of land use not comprehended by conventional zoning ordinances, The City Manager stated that the applicant and his representatives inappropriately refer to the land use aspects of the proposal as being "unique", ° °innovative ", and "new". The City Manager challenged such charac- terizations, suggesting that the use simply consisted of warehousing and storage on a different scale and targeted toward a different market than that of traditional ware - housing and storage. He referred to the Overmyer Warehouse operation at 50th and France Avenue, stating that the concept of multi - leasing to smaller tenants was employed in similar fashion to the present proposal. Councilman Jensen .then inquired as to the rationale for the Planning Commission's recommendations to deny the application. Chairman Gross of the Planning Commission stated that it was the Planning Commission's opinion that the storage concept presented in this appli- cation was an industrial activity rather than a commercial activity. ®11 4 -22 -74 Action Tabling Motion by Councilman Britts and seconded by Councilman Planning Commission Fignar to table Planning Commission Application No. Application No. 7301.9 73019 submitted by E-Z Mini Storage to May 20, 1974 (E -Z Mini Storage) allowing the City Council time to review the application in its entirety and to possibly visit one or more existing mini - warehouse sites, Standard Solvents The City Manager next introduced the topic of Standard Solvents liquid storage situation, He reviewed the situation, commenting on the safety concerns noted by the City Council and the site and building plans re- quiring burial of the storage tank facilities. Mayor Cohen recognized Mr. Heegaard who ,stated that his company was very concerned with safety. He stated that the burial of the tanks at this time would create an, economic hardship on his company. Mr. Heegaard introduced Mr. Sandberg, his partner, and a lengthy discussion ensued. Mr. Heegaard commented that his company has always taken the point of view that safety in terms of fire requirements must be met. He commented that there is always a danger when you store this type of product® He stated that his company can only reduce the fire hazard, Councilman Fignar left the table at 12.-05 a.m. Mr Heegaard outlined a proposal he had developed to deal with the situation. He stated that the storage tanks would be diked immediately and plans to bury the tanks would be developed. A lengthy discussion ensued relative to Mr. Heegaard °s proposal with the City Manager commenting that the City Council had two alternatives: close the business or extend the time limit on the burial of the storage tanks. Councilman Fignar returned to the table at 12 010 a.m. The discussion continued on the proposal made by Mr. Heegaard with Councilman Jensen stating that time limits should be placed on the burial program. Motion by Councilman Britts and seconded by Councilman Kuefler to direct the staff to draft a resolution outlining elements of the plan presented by Mr. Heegaard and placing time limits on the tank burial program. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. I'abiic Hearing The City Manager next introduced the public hearing (3ridge l--rnprovement which was scheduled for the evening. He stated that Project No. 197220) the bridge improvement public hearing was continued to this evening from the April 8, 1,974 meeting for the pur- pose of evaluating alternatives to the high bid cost of the bridge project. He stated than an investigation discloses no attractive alternatives in proceeding with the project. He commented that the bid price reflects I i i -12- 4 -22 -74 i a very sharp rise in steel and concrete costs during the Past six months and a comparison investigation at the State Highway Department and the City of Minneapolis indicates that the low bid is reasonable in the context of today's economy. Motion by Councilman Britts and seconded by Councilman, Fignar to reopen the public hearing on bridge improvement project No. 1972 -20. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The Mayor noted that notified property owners were not present to speak either for or against the proposed project. RESOLUTION Member Maurice Britts introduced the following resolution NO. 74 -66 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF BRIDGE IMPROVEMENT PROJECT NO. 1972 -20 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote bring taken thereon, the following voted in favor thereof, Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Robert Jensen introduced the following resolution NO. 7467 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (BRIDGE CONTRACT 1974 -C) The motlor for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof, Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same. none, whereupon said resolution was declared Ouly passed and adopted. k= an RJ =rats The City Manager next referred to a draft resolution arirn, —1 ion amending resolution No. 68 -44 which created the Human '" I 'tion Rights Commission and defined its duties and respon- sibilities. He stated that the resolution had been redrafted since the April 8, 1974 meeting as per City Cou_zncil direction, He commented that the original modifications were recommended by the Human Rights Commission. OLUTION Member Maurice Britts introduced the following resolution IVO � 74 -6 and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 68 ®44 WHICH CREATED THE BROOKLYN CENTER HUMAN RIGHTS COM- MISSION, AND DEFINES ITS DUTIES AND RESPONSIBILITIES AND ALSO AMENDING RESOLUTION NO. 71 -211 WHICH ESTABLISHED THE COMMISSION °S COMPOSITION -13- 4 -22 -74 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof, Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Resolution Awarding The City Manager next referred to the resolution Group Hospital and awarding bids for group hospital and medical insurance. Medical Insurance RESOLUTION Member Maurice Britts introduced the following resolution NO. 74-69 and moved its adoption- RESOLUTION AWARDING BID FOR GROUP HOSPITALIZATION AND MEDICAL INSURANCE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolution NO. 74-70 and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF POSTER- MAKING MACHINE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fianar and Robert Jensen; and the following voted against the same. none, whereupon said resolution was declared duly passed and adopted. ORDINANCE Member Robert Jensen introduced the following ordinance NO. 74-11 and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 34 AND 35 OF THE CITY ORDINANCES RELATIVE TO THE DEFINITION OF SPECIAL HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section I . Section 34-110 and Section 35-900 are hereby amended to read as follows: Home Occupation, Special - Any gainful occupation or profession, approved by special use permission, en- gaged in by the occupant of a dwelling unit within said dwelling or involving not more than one accessory use err nitted by Section 35 -310 or Section 35 ®311 , and which involves any of the following: stock-in-trade incidental to the performance of the service; repair, service, or manufacturing which requires equipment other than that customarily found in a home; the employment on the premises, at any one time, of not more than one person who is a nonresident of the premises; the teaching -14- 4-22-74 of more than one (1) but not more than four (4) nonresident students any given time; or the need for not more than two (2) parking spaces in addition to spaces required for the persons residing on the premises; and provided the activity: is clearly incidental and secondary to the residential use of the premises, including and permitted accessory buildings or installations thereon, does not produce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; [does not involve the use of accessory structures;] does not consist of over-the-counter sales of merchandise pro- duced off the premises. Examples include. barber and beauty services, shoe repair, photography studio, group lessons, saw sharpening, motor-driven appliance and small engine repair, and the like. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 22nd day of April, 1974. The motion for the adoption of the foregoing ordinance was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Licenses Motion by Councilman Britts and seconded by Councilman Kuefler to approve the following licenses: CIGARETTE LICENSE Brooks Superette 6804 Humboldt Ave. Interstate United Corp. of Minnesota Sears Brookdale CLASS "All MOTOR VEHICLE DEALERS LICENSE North Star Dodge 6740 Brooklyn Blvd. Schramm's Brookdale Imports, Inc. 6121 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Brooks Superette 6804 Humboldt Ave. MECHANICAL SYSTEMS LICENSE Air Comfort Co. , Inc, 3300 Gorham Ave. Atkins Plumbing & Heating 2531 Marshall St. N.E. Berghorst Plumbing & Heating 10732 Hanson Blvd. C. O. Carlson Air Conditioning 709 Bradford Ave. Commercial Air Conditioning 2200 Niagara Lane Cronstrom's Heating & Air Conditioning 4410 Excelsior Blvd. Eagan & Sons 7100 Medicine Lake Rd. Frank's Heating & Sheet Metal Co. 2531 Marshall St. N.E. Gas Supply, Inc. 2238 Edgewood Ave. -15- 4-22-74 Hoglund Mechanical Contractors, Inc. 7420 West Lake St. Horwitz Mechanical, Inc, 1411 - 11th Ave. Palen Kimball Co. 2505 University Ave. Minneapolis Gas Co. 733 Marquette Ave. Richmond & Sons 2810 Major Ave. Royalton Heating & Cooling Co. 4120 - 85th Ave. George Sedgwick Heating 1001 Xenia Ave. Suburban Air Conditioning 8419 Center Drive Superior Contractors 6121 - 42nd Ave. Thompson Aid Conditioning 5115 Hanson Cc Fred Vogt & Co. 3260 Gorham A Ray Welter Heating 4637 CYicagn Ave. Yale Mechanical, Cont. 3012 Clinton Ave, NON-PERISHABLE FOOD VENDING MACHINE LICENSE Interstate United Corp. of Minnesota Sears Brookdale OFF-SALE NON-INTOXICATING LIQUOR LICENSE Brooks Superette 6804 Humboldt Ave. LaCrosse Dairy 5845 Lyndale Ave. Ricco's Cafe 5 742 Morgan Ave. ON-SALE NO - INTOXICATING LIQUOR LIC E Ricco's Cafe 5 742 Morgan Ave. SIGN HANGER'S LICENSE Cragg, Inc. 822 West Broadway Gold Medal Be Co. P.O. Box 3466 Lawrence Sign Co. 945 Pierce Butler Rt. Midway Sign Co., Inc. 444 N. Prior Ave. SWIMMING POOL LICENSE Bro,okdale Gardens 53rd & Hwy. 1,00 Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Brooklyn Center Parks & Recreation Dept. 6301 Shingle Creek Pkwy. Chippewa Park Apts. 6507 Camden Ave. Earle Brown Apts. 6100 Summit Drive Evergreen Park Manor Apts. 7200 Camden A�/e . HiCrest Square Apts e 1301 - 67th Ave. N. Lyn River Apts. 65th & Lyndale Ave. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against, none. The motion passed unanimously. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 74-71 and moved its adoption- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1974-D) 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 -16- 4-22-74 against the same: none, whereupon said resolution was declared duly passed and adopted. Resolution Ordering The City Manager next recommended a resolution which Removal of a Structure would declare the structure at 707 - 69th Avenue North as a hazardous building. He stated that the structure was severely burned to a point where the remaining part of the structure has been deemed a safety hazard. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 74 -72 and moved its adoption: RESOLUTION DECLARING THAT CERTAIN BUILDING LOCATED AT 707 - 69th AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, DILAPIDATED AND ORDERING THEM TO BE REMOVED The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Adjournment Motion by Councilman Britts and seconded by Councilman Fignar to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:44 a.m. Clerk ayor -17- 4 -22 -74