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HomeMy WebLinkAbout1974 05-20 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 MAY 20, 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 Eritts Jensen, Kuefler and Fignar', Also present were City Manager Donald Poss, Director of Public Works James Merila ; Director of Finance Paul Holml.und, Director of Planning and Inspection Blair Tremere, City Attorney Richard Schi.effer, Chief cf P'l.ice Thomas O'Hehir, City Clerk Allen Lindrnan, and Adminis- trative Assistants Daniel Hartman and James Lacina,, Invocatir)n Reverend Pohl of the St. Alphonsus Church offered the invocation,, Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 5 -6 -74 Jensen to approve the minutes of the May 6, 1:974 meeting as submitted;. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. 1974: Youth Employment The City Manager introduced the first item of business, Program a recommendation for authorization to participate in the youth employment program under. the :1973 Youth Employment Act. He commented that the State of Minnesota has a110- cated $10,206 to Brooklyn Center as the 75% share of wages to be paid to youth hired by , Brooklyn Center under the State act- He stated that Brooklyn Center participati cn in the program. in 19.73 was very successful- He commented that th=e program provides for:the employment of young adults up to 22 years of age fnr a ,maximum of 10 weeks nct tc: exceed 30 hours per week per individual , Motion by Councilman Britts and seconded by :Councilman Fignar`to authorize the Mayor' and the City Manager to execute an agreement to participate in the youth employ- ment program with the State of Minnesota, Department of Employment Services,. Voting in favor were: Mayc;r° Cohen, Councilmen Britts, Kuefler, Fignar_ and Jensen, Voting against.. none, The motion passed unanimously. Release of a Cash The City Manager next recommended release of a cash Escrow` (Hjelvik: escrow in the amount of $115 fear subdivision improvements Second Addition) on the Hjelvik Second Addition' He stated that this pro- ject had been completed some time ago, Motion by Councilman Kuefler and seconded by Ccunci.lman Jensen to authorize release of the cash escrow in the amount of $115 for Hjelvik Second Addition. Voting is favor were-, Mayor Cohen, Councilmen BriV s Kuefler Fignar and Jensen, Voting against. none- The motion passed unanimously. -1- S -20 -74 The City Manager next referred to a resolution estab- Resolution Establishing lishing terms for the disposition of Planning Terms for the Disposition Commission Application No, 71019 submitted by the of Planning Commission Standard Solvents Company. He stated that the Application No. 71019 resolution had been redrafted as per City Council (Standard Solvents Co.) directive and the new resolution reflects a program for the diking of storage tanks, the burial of all hazardous storage facilities , the requirement for parking and driving areas to be paved and curbed, and the submission of a performance agreement and financial guarantee, A lengthy discussion ensued relative to the resolution and the timetable by which the storage tanks would be buried. The City Manager commented that all parking areas must be upgraded in accordance with applicable ordinance requirements. Councilman Kuefler inquired as to the distinction between Class I, II, and III liquids. The City Manager responded that Class I liquids are those with a flash point less than I OO , Class II liquids those with a flash point between 100 and 140 , and Class III liquids those with a flash prTint exceeding 140 Councilman Britts voiced his concern as to the com- pletion of the site work and the control the City will have over the actual improvements. The City Manager responded that certain checkpoints would occur at which the City Council would be informed as to the progress of the site improvements, Member Robert Jensen introduced the following RESOLUTION resolution and moved its adoption: NO. 74-82 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION FILE NO. 71019 AND SCHEDULING COMPLETION OF REQUIRED SITE AND SAFETY IMPROVEMENTS AT THE STANDARD SOLVENTS ..'OMPANY 4kp motion for the adoption of the foregoing resolution du)y seconded by member Bill Fignar, and upon being taken thereon, the following voted in favor "Ii i Py`.ilip Cohen, Tony Kuefler, Bill Fignar and Jensen; and the following voted against the --ril-e Maurice Britts, whereupon said resolution was ,,teclared duly passed and adopted. Britts explained that he voted against the resolution because it appeared to him that there r- wined a difference of opinion between represen- tatives of Standard Solvents Company and the fire marshals regarding the type and extent of remedial a_­,ion necessary to remedy the alleged hazardous conditions, He stated his preference was to table the resolution until such time that agreement on remedial action was reached, -2- 5-20-74 Planning Commission The City Manager next introduced Planning Commission Application No. 73019 Application No. 73019 submitted by E -Z Mini Storage. (E -Z Mini Storage) He stated that essentially the application consisted of a request that the City Council determine that the proposed storage /warehouse operation is similar in nature to the land uses specifically permitted in the C -2 zoning district. He reviewed that the Planning Commission had recom- mended that such proposed use is not similar to permitted C -2 uses and that since init al consideration of appli- cation No. 73019 on May 4, 1974, City Councilmen individually took advantage of the opportunity to inspect similar warehousing operations operated by the applicant in other communities Mayor Cohen recognized Mr. Charles Nolan, representing E -Z Mini Storage, and a discussion ensued. He com- mented that the operation would be a controlled use in terms of the actual activities on the site to make sure there would be no violations of the zoning ordinance. He concluded his comments by stating that freeway _exposure was important to his operation and for that reason the site chosen on 68th Avenue North was very desirable for his operation, The Mayor then recognized Mr. Dayton Soby, attorney for the property owner who stated that it is his belief such a storage concept could be acceptable in either the C or I zones. He commented that the concept would not be inconsistent with the zoning ordinance in terms of other land uses in the area. Mayor Cohen noted that notified property owners were not present to speak either for or against the proposed application. Motion by Councilman Britts and seconded by Councilman Fignar to close the public hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The Mayor commented that the approval of such a pro - posal would, in effect, amend the zoning ordinance to permit warehousing operations on other C -2 sites within the City. Councilman Kuefler stated that though he diked the concept, he felt a precedent would be set by approving E -Z Mini Storage, He commented that the concept does not fit into the C -.2 zone as defined in the zoning ordinance. Councilman Jensen also voiced his opposition to the application, making reference to the incompatibility of the use in the C -2 zone. Councilman Fignar stated that he thought the application had merit and it should possibly be allowed in the C -2 zone under a special use. permit . The City Manager then read a letter received from Mr. John Urbach, City Public Health Sanitarian,, Mr. Urbach made reference to the need to control such an operation since it would be possible to store food, animals, chemicals and other similar type products within the storage areas -3- 5 -20 -74 Councilman Britts voiced his concern as to the land use since the zoning ordinance is very clear on the matter. Mayor Cohen inquired as to the possibilities of a special use permit to allow such an operation in the C-2 zone. The City Manager commented that there is no provision in the zoning ordinance for this type of operation under a special use permit in the C-2 zone. He stated that warehousing is only addressed to in the 1-2 zone, A discussion ensued regarding the concept of estab- lishing warehousing as a special use in a C-2 district. Councilman Fignar suggested that such a special use permit vehicle would allow the City to limit warehouse developments on other undeveloped C-2 parcels. Mayor Cohen and Councilman Jensen expressed contrary views to the effect that warehouse proposals for other vacant C-2 properties could not be denied, but could only be controlled. The City Attorney confirmed that the estab- lishment of warehousing as a special use in a C-2 zone would render any C-2 parcel in the City eligible for such special use permit consideration subject to meeting other ordinance provisions and subject to specific controls warrented by the circumstances of specific sites Motion by Councilman Kuef ler and seconded by Action Directing the Councilman Jensen to direct the City Manager to Staff to Draft a draft a resolution denying Planning Commission Resolution Denying Application No. 73019 submitted by E-Z Mini Storage, Planning Commission incorporating the factors discussed by the City Council Application No. 73019 in its deliberation of the application. Voting in favor (E-Z Mini Storage) were: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: Councilman Fignar, The motion passed. The City Council recessed at 9:05 p.m. and resumed Recess as 9:35 p.m. The next item considered was Planning Commission Planning Commission Application No. 74002 submitted by Mr. Vern Application No. 74002 Christiansen, 5407 Humboldt Avenue North. The (Mr. Vern Christiansen) item was introduced by the Director of Planning and Inspection who stated that the applicant was request- ing a special use permit to conduct a special home occupation consisting of a lawn mower and small engine repair service. He stated that the occupation would involve the use of a detached garage. Mayor Cohen recognized the applicant who briefly explained the nature of his proposed service and commented that he has conducted the activity over a number of years for friends and relatives. He also commented that he had followed the City Council hearings and the City Council consideration of the home occupation ordinance amendment. He stated that when he became aware of the need for such a permit, he applied in accordance with the ordinance. -4- 5-20-74 In terms of parking Mr. Tremere commented that he had inspected the premises and found that there was clearly adequate parking as required by the ordinance The Mayor noted that notified property owners were not present to speak either .for or against the proposed special use permit, Action Approving Motion by Councilman Britts and seconded by Councilman Planning Commission Fignar to approve Planning Commission Application No. Application No. "74002 74002 submitted by Mr. Vern Christiansen subject to the (Mr. Vern Christiansen) following conditions: 1 The use shall conform to all applicable ordinance provisions and violation _thereof shall be grounds for revocation of the permit, 2. There shall be no outside storage of materials involved in the permitted use. Voting in favor were: Mayor Cohen, Councilmen Britts,, Kuefler, Fignar and Jensen. Voting against: none. The motion :passed unanimously. Planning Commission The next item of business was consideration of Planning Application No. 74007 Commission Application No. 74007 submitted by ;Mrs. (Mrs. Joyce Tolve) Joyce Tolve, 7012 Oliver Circle North. The item was again introduced by the Director of Planning and Inspection who stated that the applicant proposes a special home occupation consisting of swimming lessons for children in her private pool. He explained that the especial home occupation definition permits the use of one accessory structure which includes private pools. Mr. Tremere also commented that the applicant had conducted the activity in the past .and that there had been some neigh - borhood objection relative to traffic and parking in the cul-de -sac street by customers, as well as to noise levels generated by the activity. Councilman Fignar stated that he would not participate in the application consideration_. The Mayor then recognized the applicant who explained the lessons would be limited to three students at any given time, and that in recognition of the parking problem, she would instruct parents that they must park off the street, normally in her driveway or as during last _summer in the East Palmer Lake Park parking lot, She explained that a .number of parents with more than one child would bring the student to the lesson and take the other child or children over to the Park to play until the lesson was completed. The applicant also submitted to the file a letter from Bachman's, Inc confirming an appointment to evaluate the applicant's premises in terms of possible upgrading of the landscaping. Mrs. Tolve commented that the business was only operated eight weeks out of the year and it involves one person other than herself on a part -time basis -5- 5 -20 -74 Councilman Fignar left the table at 9 :54 p.m. Mrs. Tolve commented that the hours of operation would be from 9 :00 a.m. to noon and from 1 :00 p.m. to 4:00 p.m. Monday through Friday. She stated that she had tried to communicate with the neighbors on the noise and parking situation, but had received no response, Mr. Tremere commented that copies of letters dated May, 1973 were in the file from the City Manager to Mrs. Tolve, as well as to the neighboring property owners wherein it was suggested that the park parking lot be utilized, if necessary, to resolved the traffic congestion problems on Oliver Circle. He emphasized that the letters were in response to com- plaints by neighbors and communications with the applicant who had made commitments for the instruction of a number of children without specific knowledge of the zoning regulations. He commented that the City Manager had concluded consistent with City policy not to cause an undue hardship on the citizen in seeking compliance with the zoning ordinance, that the parking lot at East Palmer Lake Park could be utilized, if necessary, and the operation would be restricted to the 1973 season. The Mayor then opened the public hearing and recog- nized Mr. Keith Anderson, 7016 Oliver Circle North. Mr. Anderson stated that he was in opposition to the application since it created a great amount of noise and traffic in the area. The Mayor also recognized Mr. D. F. Skarry, 7024 Oliver Circle North, who voiced his opposition to the application due to the parking problem. Mayor Cohen then recognized the residents of 7020 Oliver Avenue North, 7 02 8 Oliver Avenue North, and 7008 Oliver Circle North who spoke against the appli- cation. Mayor Cohen also recognized Mrs. Anderson, 7016 Oliver Circle, who stated that the noise generated by the students participating in Mrs. Tolve's program disturbed the tranquil nature of the neighborhood. Motion by Councilman Kuefler and seconded by Councilman Britts to close the public hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none, The motion passed. Mayor Cohen commented that all swimming pools generate a certain amount of noise. He stated that with a special use permit the City would have some control over the pool operation. Councilman Fignar returned to the table at 10:12 p.m. Councilman Jensen then stated that special use permits are granted as long as the character of the neighborhood will not be affected by the home occupation. He stated that the noise and parking problems in this instance would seem to be controlableo -6- 5 -20 -74 s relative r Alen length dis c ussion ensued r�.la���e to the proposed g Y p p application with cons ideration as to the parking situation, as well as the noise generated by the activity. Action Approving Motion by Councilman Jensen and seconded by Councilman Planning Commission Kuefler to approve Planning Commission Application No. Application No. 74007 74007 submitted by Mrs. Joyce Tolve subject to the (Mrs. Joyce Tolve) following conditions: 1 , The use shall conform to all applicable ordinance provisions and violation thereof shall be grounds for revocation of the permit. 2. All parking related to the use shall be off- street and traffic into the cu.l -de ac shall be discouraged. 3. The hours of operation sha 11 be limited to the period 9:00 a.m. to 4.00 porn. Monday through Friday. 4. Sound barrier shubbery shall be installed and approved by the City before the permit is issued. Voting in favor were: Mayor Cohen Councilmen Britts Kuefler and Jensen. voting against: n( n — Not voting: Councilman kignar. The motion passed. Planning Commission The next item of business was Planning Commission Application. No. 74021 Application No. 74021 submitted by Mr. Warren Osborne. (Mr. Warren Osborn) The item was iz-Aroduced. by the Director of Planning and Inspection who explained that the applicant was seeking to re-subdivide lot 10 and lot 11 of the North River Estates Addition by metes and bound description to per- mit attachment of four feet to lot 11 from lot 10. Mr. Tremere explained that lot 10 is currently 79.9 feet at the front lot line and 80 feet at the rear lot line and Is currently vacant. He fur hur exp - in ed that lot 11 is currently 0:5.5 feet at t�,,e front lot line and 100.75 feet at the rear line. He noted that it is 75 feet wide at the 35 foot setback in the front and contains a dwell °ng. He commented that the resident at 7017 Willow Lane had indicated a desire to expand the side yard next to his attached garage, which was built at a minimum 3 foot setback, point. He stated that lot 10 would meet minimum ordinance standards since its new width would be 75.5 feet at the front lot line. The Mayor then recognized Mr. Osborne and a brief discussion ensued. In further discussion Mr. Tremere stated that lot 11 would seem to be compatible with neighboring lots once the 4 foot addition has been allowed. He stated that at present the vacant lot was abutted by garages on both sides. _7® 5 ®2074 Motion by Councilman Jensen and seconded by Action Approving Councilman Britts to approve Planning Commission Plan ing Commission Application No. 74021. submitted by Mr. Warren Appl:,icatior No. 74021. Osborne, noting that formal replatting would be (Mr. Warren Osborne) unduly restrictive and the action would result in the widening of a relatively narrow front yard with- out creating a substandard parcel ° doting in favor were: Mayor Cohen, Councilmen Britts, Kuefler Fignar and Jensen. Voting against. none. The motion passed unanimously. The next item considered was Planning Commission Pla.nrAng Corrimission Application No, 14024 submitted by Mr. Harry Ti f.� < Applioarl:uri No. 74024 5330 Logan Avenue North, The item was again intro- (Mr. Harry Tiefs) duced by the Director of Planning and Inspection who stated that the applicant proposes a special .home occupation involving a general repair service including welding for household and yard equipment. He stated that the applicant proposes to use a portion of his detached garage for the service and because of the intended welding activity, the building official has been asked to inspect the premises as to applicable code requirements. Mr. Tremere commented that the applicant has sub- mitted for the file a letter outlining the nat' re of the proposed. use. He stated that Mr, `.fiefs' :,intent is to serve homeowners by providi ng a repair and welding service which would be available on weekends. He also noted that the work would be restricted to day - light hours. The Mayor then recognized Mr© Tiefs and a brief o c`�ss,io ensued Mr. T:lefs commented that he would comply with all applicable safety requirements and rioted his pur ,hasa of appropriate fire extingui :her and other safety equipmer -tto Mayor Cohen there recognized Mr. John Armstrong,, ,338 Logan Avenu.o Nc, t'� , w7) okei In favor of tl e %posed application. by Ca lcilrnG3n Fi nar and seconded by Action Approving t ', _ - 'X1 ct 1 Bl'!ttS tr:i approve Plan "i ig Comm:4 S O:i L n .''a �:;omrn:i s, ion Ai p`l�cc�a N - ® ,� i024 s�bm. yted �y Mry Harry T efs Ap�'icat! ,w No,. 74024 m t to _.. f I wing 0.-d. tions: (Mr. Harry TI - e:fs) 1. The use shall conform to all applicable ordinanc provisions azid violation thereo ra< 11 b,� gr ;,d f'or revocation of the Vera °T2:'' t o 2 . Xha prcn kses shall be subject to iris pet i by the appropriate officials as to compli® ance wi11"h applicable fire safety and building coded and documentation of said inspections and approvals shall be submitted to the file prior to the issuance of a permit, 3. There shall be no outside storage of materials relative to the use 4® The use shall be restricted to daylight hours, -8- 5 -20 -74 Voting in favor were- Mayor Cohen, Councilmen Pritts, Kuefler, Pignar and Jensen. Voting against- none. The motion passed unanimously. Planning Commission The next item of business was Planning Commission Application No. 74026 Application No. 74026 submitted by Mr. John. Armstrong, (Mr. John Armstrong) 5338 Logan Avenue North. The item was introduced by the Director of Planning and Inspection who stated that the applicant was seeking permission construct a major addition to a single family home which, according to information supplied by hirer, has a 10 foot front yard setback deficiency. Mr. Tremere explained the ordinance provi des, among other things, that such non-conforming or non- cornplyi`ung uses shall not be enlarged or occupy a (Treater area of land and shall not be subject to structural alterations He stated the applicant contends that hr has more than adequate area for the prop eyed addition due to the com- bination of an adjacent vacant lot with the occupied parcel and that the setback Is In line with those estab- fished by neighboring older homes in the area® Mr® Tremere further ex.plai that the applicant had secured and submitted a certified survey. He stated that it confirms that the yard requir 3ments o while deficient from present ordinam. -a standards, meets the 70% area prov:isi.on of Section 35-500 relat17 -e tc existing substandard lots. He noted that the parcel was held in single ownership of record on Apr:,il 4, 140 when the first Village z Jnr ing ordinance was -adopted. He further explained that the proposed addition repre�-ernts an upgrading of the area by an existing property owner through the use of the combined vacant 9iubstandard parcel and the improvement of the existing dwelling must tbebr which which ought into corrrp"n with applicable codes due to the size of the proposed expansion. Mayor Cohen there reccogrdzed Mr. Armstrong and a brief discussion einsued. Mr® Treme -� connmented that 1-1hie Planrning Commies ., 'on recom ke_- .dritic)n also encom- passes a 7 foot easement on the jant e- d of the applicant's property for all c-,7way purposes. HE, ,.noted that this would be consistent with the easement granted in the early 1950's for street pu rpc ses on. the west end of the property. o He stated that a right of way was granted through an easement since this parcel alone in the entire area has been unplatted. He commented that there was no apparent need for formal platting since the legal description of the parcel was quite' basic and the applicant had provided a certified survey showing the dimensions of the property. A ct.,on Approving Moti by Councilman. Brits and seconded by Councilman — 1 1 Commission Jensen to approve Planning Commission Application No. Application No. 74026 74026 submitted by Mr, John Armstrong to permit con- (Mr. John Armstrong) struction of a dwelling addition with a setback less than the 35 foot requirement subject to the following conditions- -9- 5 -20 -74 i B s I a The proposed addition shall conform with all yard requirements with the exception of the front yard setback which may be Less than 35 feet but not less than that of the existing dwelling, 2. The applicant shall provide the City with an easement ac ross the easterly 7 feet north - 75 feet of his property for alleyway purposes as approved by the City Engine�or, Voting in favor were° Mayor Cohen, Councilmen Br ttx Kuefler Fignar and Jensen. Voting against: none. The motion passed unanimously. The next item of bLus news was consideration of Planndn, P1.i-,.`? ng i:�,r ; °.. on, Commission Application No. 7 /4022 submitted by 74022 B.G.I ®P., Inc. and Les Byron Associates. The item (B,C and Les was again introduced by the Director of Planning and t5yrt-)r Inspection who stated, that the application consists of a special use permit request and proposed site and building plan approval for a 50,000 square foot major appliance retail sales warehouse facility on a. parcel north. of F'AI -94 and Freeway Boulevard and southwesterl of Shingle Creek. Mr. Tremere noted that the applicatJ.�:=; represents the first request for a special use permit to allow a commercial retail establishment in an 1 -1 d strict. He stated that the ad.jace `.t laird use to the north war the Shingle Creek open spat green strip for which a master plan, had be en developed by Brauer and Assoc aces He ccm- nn that the staff had worked with the appli- cant to assure the subject s was both complementary and compatible with that rye given environmental co sideration o acs well as the geed, to provide for adeg'jat flood, plain designs . Mro Tremere also ccmmented that the submitted play- indicate provis °ons for eror*gh land area to suupport; r quired parking for th( 1:;u, d,'ng at a Cm2 retail l ry ;- 23 spaces. He stated, ow ver, that the applic�Yj;t o reposes to use only a p ). tlon of the building f.2'r `et;,al' ac =s17,rity and the remainder c f the building would b:� wareho ;`,g Th— o t i EippIication req'!ue t -d r,r ent of appr°c-ximatt:dy 148 parking spaces c t; s:in l f" 1 z. ace would be adequate. Mr® -i lr,-mon ,d th= t th, land s ape plan comprehended the erred parki`r g. area TKe Dl- „-crc r of Publ..,c Works ti -.en explained the suit- i6 .,lout - r ` pr„ a ,r,_, posed grading and berms ng an: "r t e dev�vl >pm :r °t po r, i! ng area in the Shingle- k gnae strip, wh ch would be used to serve the a a iz,age ner ds of thhe site, as well as to provide a r� o zr type area, which was proposed in the Brauer 3t-dyo Mr® Merila also cited the various flood plain ccno�iderations and i aiicated that the design of the berming on the north end of 1 0 e site was intended to provide screening, as well as permitting the site to support flood plain needs. -10- 5 ®20 ®74 The Mayor recognized Mr. Stephen Krogness representing the applicant and a lengthy discussion ensued relative to the landscaping and site improvements. Action Approving Motion by Councilman Kuefler and seconded by Councilman Planning Commissimr, Fignar to approve Planning Commission Application No. Application No, 74022 74022 submitted by B ®C.I.P., Inc. and Les Byron (B.C.I.P. and Les Associates comprehending a special use permit and site Byron Associates) and building plan approval subject to the following 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. r in, and bermin plans 2. Utility, rainage grading g p yo 0 are subject to review and approval by the City Engineer prior to the issuance of permits. 8. A performance agreement and a financial guarantee (in an amount to be determined by the City Manager) shball. be submitted to assure completion of ,site improvements as indicated on approved p.as�1s 4. A portion of the required parking spaces shall be deferred as indicated on the approved plans until such time that the installation of the additional spaces is deemed necessary by the City Council; provided that the deferred area is seeded and maintained with viable turf and vegetative materials 5. The required underground Hawn sprinkling system shall be installed as indicated on- the approved plans in lieu of covering the entire green area north of the building and parking lot; provided that such system shall be extended to the north boundary green strip area at such time that the deferred parking lot is installed 6. The ponding area indicated on the approved plans as located in the Shingle Creek green strip is approved as part of the site drainage system, and shall be included as one of the required site improvements. 7. The site shall be subdivided through platting or registered land survey according to the provisions of Chapter 15 of the City Ordinances. 8. The permit shall be issued to the applicant as the operator of the facility and shall be non- transferable. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. -11- 5-20-74 The next �!t -m considered was Planning Commission Planning Commission Application No. 74029 submitted by the McKee oil Application No. 74029 Company. The item was introduced by the Director, (McKee 0l Company) cif Planning and Inspection who explained that the applicant was requesting a special use permit, including approval of site and building upgrading plans relative to the proposed reopening of the ga®c® line service station located at 6600 Brooklyn Boulevard. He explained that this was the second application this year involving the site Mr. 'Tremere indicated that the earlier application, Planning Commission Ap;pl:scation No. 74005, was f, or a special use permit to reopen the station with no expansion or major site and building overhaul. He stated that the former applicant and the owner had since mutually di , their lease and a new agree® ment had been established with the McKee oil Company. He stated that the applicant proposes a substantial upgrading of the site and building and has indicated an intent to provide for eventual conversion to a self - service station when regulations so permit. Mr. Tremere stated that the submitted plans call for a remodeling of the building exterior, repaving, curb and gutter installation, landscaping, including underground irrigation, elimination of existing s2lilgn and installation of new pump islands. He noted the location of proposed Bm61.2 type curbing and gutter around the perimeter of the driving and parking areas and noted the provisions for a standard width gree 'i, strip, including these to match up with those to be installed by American Bakeries as part of their site work. He also noted that the area to the rear of the _y of act triangular ohaped parcel was proposed to be seeded and maintained with able turf since it was not only an isolated area but could perhaps eventually serve as expansion of parking. Mayor Cohen then recog'ny z�J Mr. Ray 1'ones repre- senting the applicant ' i r of the proposedd, . g remodeUmg c vatgo n plans enswc.d a Mir, 'Trtz-rnen noted hat the owner of the service k t rn site was, also) the owner of the dry cleaning t to `h , nort'h and that he had submi.tte,d, i;9 t r ind d :A, r g thry need for joint access between see ice .sta ,,on and the dray cleaning � Era an adjacent rage ar � at t:h.e dry cleaners. In i J.t regard Mr. ; -e � .�r -i stated that the owner had ac rree, tc; ( .=rta, , �.e imta -rov, r ents indicated on the a" wh cn. wow u, d bo accomplished in conjunction th she upgradj r.qi: of the service station site, He t oo that iris )ectilon of the site indicates that portlLons f the sidewalk around the building, particularl on eLLol; ide, were in need of removal and replace® ment and that the work was proposed on the plans. 1n) further discussion Mr, "Tremere commented as to the desirability of the proposed improvements in keeping with the general upgrading of the area and he cited the new American Bakeries construction, the -12- 5 -2074 development of the new U. S. Post Office, and the recently approved and bonded site improvements at the National Auto Parts store to the south of the subject site. Action Approving Motion by Councilman Jensen and seconded by Planning Commission Councilman Britts to approve Planning Commission Application No. 74029 Application No. 74029 submitted by the McKee Oil (McKee Oil Company) Company subject to the following conditions: 1 . Building plans are subject to review by the Building Official with respect to applicable codes prior to the issuance of permits, 2. Site plans relative to grading, drainage, and perimeter curb gutter design are subject to review by the City Engineer prior to issuance of permits. 3. Site improve m, =,nts relative to the adjacent site to the north as indicated on approved plans shall be included with the required improvements approved for the subject site, 4. Performance agreement and financial guarantee (in an amount 'to be determined by the City Manager shall be submitted to assure com- pletion of the approved, improvements 5. The operation shall be limited to the sale of fu.�ds, lubricants, auto parts, and accessories and the vending of soft drinks, candies, cigarettes, and other iii cidential items for the convenience of the cu ,tourers within the principal buildings as provid -d in Section 35 -322 of the City Ordinances, 6. The operation shall be in conformance with Section 35 -413 of the City Ordinances and all other applicable ordinance provisions. 7. The permit shall be issued to the applicant as the operator of the facility and shall be nontransferable. Voting in favor wire: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against, none. The motion passed unanimously. Member Tony Kuefler Introduced the following resoluti O 74-8` and moved its adoption; RESOLUTION URGING CONTINUATION OF SUBURBAN RATE AUTHORITY 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, -13- 5 -20 -74 Member Robert Jensen introduced the following RLSOLUTION resolution and moved. its adoption. NO p 74-84 RESOLUTION AUTHORIZING THE ISSUANCE OF T'EMPORART IMPRK> >VEMENT NOTES The not ion for she adoption of the foregoing resolution was duly recorded by member Maurice Britts, and upon vote being takers thereon, the following voted in favor thereof. Philip Cohen, Maa.ir c.e B, , tts o Tony K"ueflcer, Bill Fignar and "Robert 1ensen, and the following voted against We s �m:e.: nos- , e, whereupon said resolution wa5 declared du gassed and adoptct-:do Member Maurice BrOto introduced the follondng R resolution and moved its adoption- o 74-8 RESOLUTION FERTIVNING '10 SUPPLEMENTAL AGREEMENT NO, l TO MINNESOTA HIGHWAY DEPARTMENT TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT NO 799-8 The motion for the adoption of time foregoing resolution was duly s econded by member Bill Fignar and upon vote being taken thereon, the following vot ed in favor thereof- Philip Cohen Maurice Britts , Tony K eflrer Bill Fignar and Robert Jensen; and h,E� fch ;w ng voted against one same.- none, �, h� -re. ,ion said resolution was declared duly passed ind adopted. Me�rnb r Maurice 3r introduced the following R A23011i1X)'N resol t.ion and moved !t: 'dc 143, 74-86 RESCLU' I0 Rp Q - L ESTING A ( IN THE MTC BUS ROUTE T10 SL V GE TO THE RESIDENTS OF SHINGLE CREEK 'DOWER o motion for the cidopt , n o' the io. , 'oing �s luti.on wa-c e ;`, rz o 0 r,ollnwi - vot& in 'ava ffierenf. !;`.:;,lL s C,o;rs it , 1any Kundisr, Bill Fignar and and the f iM�w:Lnq ,-''uted a -:itw - t tl >, z_al u0ne, Wi ,): ":_:ta x Said rc so''lut on WaG Y oc i } n d dui"` p ct :, 4' d tZ .`l.0 a dep, %d e Nfl, rnher M uu r'r" '. BrAi t r3 e f o l l covV" u n "k 1,' ;S (" 0 ,71 . .iO . TIO S! Aa ; SH,"NG TRUNI WATER MAIN MPI.O PR() j. aGT NO � 1.974 ®13 AND �-:DERI PR'El'A:kA° pxN G AND SPEC:I "he in l for he ndo;Rion of the foregoing reoclution was; duly seconded by member Bill Fignar, and upc _ °voli being taken thereon the following voted in favor thereof: Philip Cohen, Maurice Britts o Toy � Kuefler, Bill Fignar and Robert ire,tisyn® and the fo voted against t "he same none, whereuaponz said resolution wa> declared d'uLy passed anal adopted.. -14- 5®20-74 RESOLUTION Member Robert Jensen introduced the following resolution NO. 7488 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION AND APPROVING PLANS AND SPECIFICATIONS FOR TRUNK WATER MAIN IMPROVEMENT PROJECT NO. 1974 -13 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution NO. 74 -89 and moved its adoption: RESOLUTION ORDERING ADDITION OF WATER MAIN IMPROVEMENT PROJECT N(.=, 1.974 -13 TO CONTRACT 1974 -A The motion for the adoptffi (-.- of the f,oregGoing resolution was duly seconded by mey a er 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, whereapor; said resolution was declared duly passed and adopted. Licenses Motion by Cou.n_oilman Kuefler a rid seconded by Councilman Britts to approve the following licenses. ITINERANT FOOD ESTABLISHMENT LICENSE Mrs . Jaycees 6525 North Willow Lane Stanley Shows Box :14:21 MECHANICAL SYSTEMS LICENSE Allied Sheet Metal Co. 2300 Territorial Rd® Centraire, Inc. 13025 Pioneer Trail Harris Mechanical 2300 Territorial Rd. Metropolitan Mechanical Contractors, Inc. 7340 Washington Ave. Standard Heating & Air Conditioning Co. 410 West Lake St Voting in favor were: Mayor Cohen, Councilmen Britts Kiefler, Fignar and Jensen. Voting against: none. The motion passed unanirnously, So :_ Sy , t °m in tr:.e The City Manager next informed the City Council of the (-' ty Council cil Cihanbers need to evaluate the sound sy st m within the City Council Chambers . fie stated that he has been in the process of evaluating engineering reports on the sound acoustics within the Chamber, and it would be his recommendation that the investigation continue with the possibility of upgrading the system in the near future. It was the general consensus of the City Council that the City Manager should proceed in his research of possible upgrading of the sound system and acoustics within the City Council Chambers. -15- 5 -20 -74 The City M�r;nageis next discussed public hearings on Public Hear for the d4erred s,cti eras of the walkway system, 55th De erJr d Sections, of A4 -'e 7 Nort "',h 7 Avenue N� h and France Avenue/ the, W � Ye t �, �; s �:_ r' �=t. i {ti'Va �' �y . �., , y Fnirr „.oe Bl, Leo He to delete th- Beard I Avenue Njor r axte ?sion fro1� 65th Avenue North t( the E Freeway which” 31�so a "'- eared by the C:Lty Coy,(Icil Las t year. I It was the general c L~ems (of the City Council aria public, hearings sRo ld be scheduled on a eparate nic t fi d< t s„ x a y pro s for ea�r�:� pr���i�� .sir ^�� .;� �: p .eject ane��o�ves separa.��e neighborhoods. I't was also the ccnsensus of *h`. City Co "zinc i.i to dell e Be.ird Aver ue North extend ton oT the walkway syste, -m. Motion by Co1w: =Lc�lmn acrid seconded by j Coli.nci n]a'��' 1= 'ignar to the meeting. Voting in favor were; Manor Cohen, Ccunicilmen Britts o K efl > -r, Fignar and jensens Vn, "'ing against;. no'ie® The mot e-'.. passed unanimous Ly o i die Bti - - )oklyn Center City Coy nc .1 adjourned at 12:22 a o C1-r -16- 5 ®20