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HomeMy WebLinkAbout1974 12-09 CCM Regular Session i MINUTES OF THE PROCEEDINGS 'OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN T14E COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 9, 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 Britts, Fignar, Kuefler and Jensen. Also present were City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Planning and Inspection Blair Tremere and Administrative Assistants Daniel Hartman and James Lacina . Invocation The invocation was offered by Revenend Levang of the Brookdale Assembly of God Church. } f Snowmobile Discussion The City Manager introduced the first item of business, discussion of the issue of snowmobile operations on City streets. He outlined recent action taken by the City Council. Mayor Cohen discussed communications he has received both in terms of petitions and letters from citizens in the community. He stated that the issue as presented to the City Council is clear and a decision must be made. The Director of Public Works outlined the trail system in the Palmer Lake area and along the Shingle Creek strip. He stated that the trail system as developed provides access at certain points for snowmobiles to enter the system from municipal streets. Discussion ensued relative to the banning of snowmobiles on municipal streets. Councilman Jensen outlined the advantages and disadvantages on both sides of the issue. He commented in conclusion that safety is the most important consideration and the use of municipal streets by snowmobiles creates the opportunity for accidents to occur. He commented that snowmobiling requires a great amount of open space to be enjoyed and Brooklyn Center does not have the open space. He commented that he would favor the banning of snowmobiles on municipal streets . Councilman Kuefler next stated that enforcement of the ordinance as it exists seems to be a problem. He commented that he too would favor the banning of snowmobiling on municipal streets with a review of the existing trail system to provide for an improved system within the community. He suggested that the snowmobile trails should be at least a hundred yards from any home. 3 i Councilman Fignar commented that Brooklyn Center has become an urban community, small in size and without the open space needed for snowmobiling. He stated that he 3 would favor banning snowmobiles on municipal streets. k -1- 12/9/74 s k i i Councilman Britts stated that he has reviewed the informa- tion and would favor the banning of snowmobiles on municipal streets. He also noted that the trail system should be improved to provide an area for snowmobiling in the community. I Mayor Cohen commented that snowmobiling in the community must be controlled with the great amount of urban develop- ment which has occurred in Brooklyn Center. He stated that the City staff and snowmobile patrol should work together to make sure that the trail system is used properly. The City Manager next reviewed the ordinance amendment process, stating that the earliest possible time for an ordinance amendment to take effect would be in late February or early March. He stated that he would recommend an effective date for such an amendment to be in the spring j so not to change the ordinance in the middle of the season and thereby create an enforcement problem. Council- man Fignar suggested that the ban could take effect May, 1975. Motion by Councilman Kuefler and seconded by Council- Motion Directing an l man Jensen to direct the City Manayei co draft the Ordinance Amendment necessary ordinance amendment banning snowmobiles Banning the Use of on municipal streets effective May 1, 1975. Voting Snowmobiles on in favor were: Mayor Cohen, Councilmen Britts, Municipal Streets Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. I Motion by Councilman Kuefler and seconded by Coun- Motion Directing cilman Fignar to direct the City Manager to review the Review of existing snowmobile trail system for possible revisions Snowmobile in the system, particularly to provide approximately Trail System one hundred yards of clearance between the system and the nearest house; and to authorize the City Manager to work with the Brooklyn Center snowmobile patrol in developing the improved system. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously . The next item considered was Planning Commission Planning Commission Application No. 74054 submitted by Mr. Douglas Quady, Application No. 74054 4725 Twin Lake Avenue. The item was introduced by the (Mr. Douglas Quady) Director of Planning and Inspection who explained that the applicant is seeking a variance for permission to construct an addition to his house which would encroach 13 feet into the front yard setback and approximately one foot into the side yard setback. Mr. Tremere explained that the proposed addition would be atop an existing attached garage which protrudes into the front yard to a point 22 feet from the front property line and which was permitted under the 1966 interpretation of the zoning ordinance. He explained that the main house had been built in 1964 following a variance action by the City Council to permit construction of the 25.5 foot x 40 foot dwelling on the approximate 56 .foot wide lot. He stated that the 1964 variance comprehended a four foot side yard setback variance, but in other respects the dwelling met the 2 ' 12/9/74 ordinance requirements. ' - `He stated that the former owner had applied for a variance'to permit construc- tion of the garage in 1966 but the- application had been withdrawn following determination that there was an ordinance provision for such construction through an averaging formula. Mr. Tremere explained that the formula provided that, in instances where structures on adjacent lots were located at other than required setbacks, the new structure could be located at a front yard setback equivalent to an average of the required setback and the setback of the adjacent structures. He noted that there had been a recommendation at the time that the averaging formula be eliminated because of the potential problems with respect to inequitable and unaesthetic ramifications. He further commented that in 1968 when the present u zoning ordinance was adopted the language was eliminated from the ordinance and subsequent to that r action, construction in the area has been according to the established setback requirements. Mayor Cohen then recognized the applicant who stated that he felt the property is a nice location for his home and he enjoys living in Brooklyn Center on Twin Lake. He stated, however, that the house has become too small as his two children grew older, since it contains only two bedrooms and a single bathroom. He- stated that the proposed location on top of the attached garage would be a logical place to add additional living space and he contended that the house appears as though it is only half done. 4 Mr. Tremere commented that most of the structures in the area with the exception of the applicant's home are converted lake cottages and the random setbacks were established up to 30 years ago. He stated that such a cottage had existed on the applicant's property, but was removed in the early 1960's, and the applicant's dwelling represents one of the few structures con- structed at ordinance standards along lower Twin Lake. He stated that over time the older existing structures could be expected to be removed or demolished in favor of new lake front construction which would also be required to build at the established ordinance, standards, He suggested that the applicant's proposal would con - stitute a precedent for such construction in the area. Mr. Tremere also commented that the land adjacent to the dwelling on the south is vacant and developable. He reviewed that the City Council had recently approved a preliminary plat for the land across the street compre- hending three lots for two family dwellings. Thus, there is a substantial amount of vacant land which could be expected to contain new structures in the near future. The City Attorney commented that standards for a variance are not met in this particular instance since there is no uniqueness to the property.. -3- 12/9/74 G The City Manager then commented that changes are occurring in the neighborhood and the homes in the area which are old have started to give way to newer construction. He stated that some type of conscious effort should be made by the City Council to make sure that development policies be consciously adopted rather than evolved from random precedent. The Mayor then opened the meeting to those interested citizens present to speak either for or against the proposed application. Mrs. .Quady was recognized and she presented a petition from the area residents favoring the application. Mayor Cohen commented that he could not see how a variance could be granted, but it was his feeling that the issue must be examined by the Planning Commission and the City Council. He stated that the request by Mr. Quady is reasonable, but a variance would not correct the situation in the area. Councilman Jensen commented that the Planning Commission should review the ordinance for possible policy development to be recommended to the City Council. Councilman Jensen then inquired of Mr. Carl Gross, Chairman of the Planning Commission, if the Planning Commission would have the time to consider the issue. Mr. Gross stated that the Planning Commission could review the situation in the reasonable future. Motion by Councilman Jensen and seconded by Coun- Action Denying cilman Kuefler to deny Planning Commission Applica- Planning Commission tion No. 74054 submitted by Mr. Douglas Quady Application No. 74054 noting the following: (Mr. Douglas Quady) 1. The petition and supporting evidence do not clearly meet the standards for variance set forth in Chapter 35. 2. A variance of the subject proportions would represent an undesirable precedent in depart - -ing -from yard setbacks established throughout the community. 3. The location of the subject parcel is not deemed a basis for granting the variance from existing ordinance standards. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. I Motion by Councilman Jensen and seconded by Coun- Action Directing the cilman Britts to direct the Planning Commission to P1ah4 ng Commission review the ordinance requirements in terms of the to Review the Ordinance waterfront properties and platted substandard lots Requirements in Terms throughout the community, to provide for a uniform of Waterfront Property approach to future development proposals. It was suggested that the Planning Commission and the City Council have a joint meeting once the Commission's recommendations are prepared and that their considera- tion should be comprehensive to include other areas of the City with substandard plats. Voting in favor were: -4- 12/9/74 Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Recess The City Council recessed at 9:32 p.m. and resumed at 9:52 p. m. Planning Commission The next item of business considered was Planning Application No 74055 Commission Application No. 74055 submitted by (Mrs. Sudjai Arneson) Mrs. Sudjai Arneson. The item was introduced by the Director of Planning and Inspection who explained that the applicant is seeking a special use permit for the operation of a beauty shop at her home at 6825 Abbott Avenue North. He stated that the appli- cation is for a one -chair operation in the basement of the home. He commented that the premises has been inspected by the Building Official who determined that no additional exitways are necessary if the opera- tion is located as designated by the applicant. Mayor Cohen opened the meeting to those present to speak either for or against the proposed special use. He recognized the resident of 6813 Abbott Avenue North who spoke in favor df he application. The Mayor then recognized Mrs. Arneson who explained her hours of operation as well as the Planning Commission concern to pave the driveway during the 1975 construction season. Action Approving Motion by Councilman Britts and seconded by Planning Commission Councilman Fignar to approve - Planning- Commission Application No. 74055 Application No. 74055 submitted by Mrs. Sudjai (Mrs. Sudjai Arneson) Arneson subject to the following conditions: 1. A copy of the State Beautician's Certificate shall be placed on file with the City. 2. The special use shall be subject to all applicable ordinance requirements and violation thereof shall be grounds for revocation. 3. The driveway shall be paved, according to the design reviewed and approved by the City Engineer prior to June 1 , 19 75 . 4. Hours of operation shall be: Tuesday, Wednesday, Thursday 9:00 a.m. - 4 :00 p.m. Friday 9 :00 a.m. - 7:00 p.m. Saturday 9 :00 a.m. - 4 :00 p.m. Voting in favor were: Mayor Cohen, Councilmen Brats, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. -5- 12/9/74 The next item of business was consideration of an Amendment to amendment to Planning Commission Application Planning Commission No. 74004 submitted by B.C.I.P. , Inc. The item Application No. 74004 was introduced by the Director of Planning and (B.C.I.P., Iinc.) Inspection who stated that the applicant seeks permission to conduct an Athletic Club on the eighth floor of the new arle Brown Farm Office Tower. He stated that the building was approved as a special use in the I -1 district earlier this year and the subject use is comprehended among those listed in the ordinance as a permitted special use in the I -1 zone. Mr. Tremere stated that the handball court, sauna, exercise room, and sanitary facilities were approved under the site and building plan approval and they were originally intended for use by tenants. He stated that the area was included in parking cal- culations, (nonretail) . Mayor Cohen recognized Mr. Dick Sheehy represent- ing the applicant and a brief discussion ensued. He noted that notified property owners were not present to speak either for or against the proposed application. A discussion ensued relative to the occupancy load of the subject area, as well as the limitations of retail type activities in the building. Motion by Councilman Fignar and seconded by Action Approving the Councilman Jensen to approve the amendment to Amendment to Planning Planning Commission Application No. 74004 sub- Commission Application mitted by B.C.I. P., Inc. subject to the following No. 74004 conditions: (B.C.I.P., Inc.) 1 . The special use is subject to all appli- cable ordinance requirements and violation thereof shall be grounds for revocation of the permit. 2. The occupancy load of the eighth floor at any given time shall not exceed 200 persons. 3. Retail sales activities are prohibited except for those normally found in office buildings, such as vending machines and alike. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The next item of business was consideration of an Amendment to amendment to Planning Commission Application No. Planning Commission 68041 submitted by ,Mr. Douglas Johnston. The Application No. 68041 item was introduced by the Director of Planning and (Mr. Douglas Johnston) Inspection who stated that the applicant is the owner of the Chippewa Park Apartments located at 65th Avenue North and Camden Avenue North. 12/9/74 -6- He stated that the request proposses the relocation of the rental office from the mandger's free- standing residence at 65th Avenue North and Camden Avenue North to the recreation building located on the west side of the site. He stated that the applicant also tentatively proposes to convert one garage space, attached to the recreation building, as an entrance to the proposed office. He stated that the intent is to centralize the rental office with the supervisory office for the recreation building. Mr. Tremere noted that the site plan for the 216 unit complex shows 433 parking spaces, thus, using one garage for an entrance way would leave a balance of 432 spaces, the required amount. He also commented that there are a number of maintenance- related item which should be accom- plished: upgrading and striping of the parking lot upgrading of the green strips, particularly along Camden Avenue North; replacement or revitalization of a number of trees on a perimeter of the site, particularly along Bryant Avenue North, and the removal of a number of nonconforming signs and sign supports on rle site. Mayor Cohen recognized Mr. fohnston and a discus- Sion ensued. He commented that a number of the trees have died through the lack of upkeep, parti- cularly along Bryant Avenue North, and that he has removed some of them. He stated that his intent is to rejuvenate the landscaping on the site as well as to upgrade the parking lot. He stated that the con- cept of relocating the rental office to the recreational building would accomplish a full -time supervisory capability for the recreation center, as well as pro- viding a more centralized rental facility. He commented that the present building now used as quarters for the resident manager with the rental office would be used totally as a residence for the resident manager. Mr. Tremere further commented as to the ordinance requirements for permanent identification signery for large multi- residential complexes. He stated that free- standing identification signery located on 65th Avenue north and Bryant Avenue North and 65th Avenue North and Camden Avenue North was technically comprehended as nonconforming since the ordinance states two free - standing identification signs are permitted at each major entrance to the complex. He continued by stating that a primary concern is with existing wall signery on the present rental building which did not meet ordinance standards, as well as the supporting poles for a former project sign located on the freeway. Mr. Tremere commented that the applicant is eligible for a variety of signery for the project and upon corrective action with respect to the wail signery and the poles such signery could be permitted. -7- 12 -9 -74 Mayor Cohen questioned the need for a performance bond to assure the completion of the upgrading of the site in terms of landscaping. The City Manager commented that the overall work to be completed was relatively minor, and the Planning Commission had apparently deemed anew bond unnecessary. He explained the original bond had been released; and noted the proposed maintenance code compre- hended licensing of such complexes, to include review of site maintenance. Motion by Councilman Kuefler and seconded by Action Approving the Councilman Jensen to approve the amendment to Amendment to Planning Planning Commission Application No. 68041 sub- Commission Application mitted by Mr. Douglas Johnston, subject to the No. 68041 following conditions: (Mr. Douglas Johnston) 1 . Building remodeling plans are subject to review by the Building Official with respect to applicable codes. 2. The parking lot will be upgraded and restriped according to the ordinance standards prior to June 15, 1975. 3. Landscaping on the site in accordance with original plans will be regenerated prior to June 15, 1975, with particular attention directed towards establish- ment of trees originally approved and planted, but which have since died along the perimeter areas of the site. 4. All wall signery on buildings shall be brought into conformance with the ordinance standards prior to June 15, 1975, and the sign support on the south end of the project abutting the FAI -94 freeway will be removed. 5. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved improvements including the regeneration of the parking lot and the landscaping to the originally approved condition. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The next item of business was consideration of a site Amendment to and building plan amendment to Planning Commission Planning Commission Application No. 70016 submitted by DeCoster Realty Application No, 70016 Company and Hage Construction Company. The item (DeCoster Realty; Co:. was introduced by the Director of Planning and and Hage Construction Co.) Inspection who stated that the application involves the former S & H Green Stamp Redemption Center structure located at 5810 Xerxes Avenue North. 12 -9 -74 -8- He presented a history of the application dating from 1970, when the original plans were- approved and when the City Council authorized action resulting in the placing of a restricted land use covenant on the pro- perty, limiting commercial use to the gift stamp redemption center, parking, and C -1 uses. He con- tinued that the structure, originally designed for a single purpose use, was vacated by the S & H Green Stamp Company approximately 18 months ago, and that the building has been vacant since that time Mr. Tremere stated that essentially the request con- sists of two parts: 1) A proposed amendment to the building plan comprehending the construction of interior parking, which would accomplish a reduction of the available floor area for retail use as well as providing additional parking spaces, thereby bringing the required number of spaces in line with the `pro- vided spaces; and, 2) A revision in the building exterior, comprehending closing existing pedestrian and service entrances and installing new entrances to the proposed multi- tenant areas, as well as a general upgrading of the site. Mayor Cohion l.-ft the table at 10 :50 p.m. Councilman Fignar left the table at 10 :55 p.m. Mayor Cohen and Councilman Fignar returned to the table at 10 :59 p.m. With respect to the interior parking consideration, Mr. Tremere reviewed the proposed installation of interior parking in the southeast corner of the building, including the installation of an overhead door. He stated that the subject area would comprehend a minimum five useable parking spaces as well as general access to tenant areas for loading purposes. He noted that revised exterior parking includes two handicap stalls and ramps. He commented that upon installation of the interior parking, and the subsequent reduction of the overall retail area of the building, appropriate legal measures could be initiated resulting in the lifting of the restrictive covenant. Councilman Jensen left the table at 11.05 p.m. Councilman Jensen returned to the table at 11 :09 p.m. A discussion ensued relative to the layout of the parking lot and the relationship of the subject site to the neighboring Health Spa site. Mr. Tremere briefly reviewed the status of the existing joint parking agreement and lease between the applicant and the Health Spa, noting that the said agreement terminateP in August, 1975. He stated that the capability of the Health Spa to provide sufficient parking for its members is a function of scheduling and management by the Spa, as well as possible future joint parking agreements with the applicant or other neighboring developments. -9- 12 -9 -74 I With respect to the second consideration, Mr. Tremere reviewed the proposed alterations in the building exterior which included installation of three doorways on the north side of the building, the installation of a main entrance on the west side of the building and the closure of existing entrances on the east side.,of the building. A brief discussion ensued as to the desirability of F the three separate entrances on the north side of the building, two of which are orientated to one tenant area according to the submitted plan. He noted concern as to having a primary delivery entrance on the north side of the building since there would exist a high density in terms of required parking spaces along that side. He stated that it would be structurally feasible to provide loading capabilities to the north tenant area through the interior parking facility. ' He stated that by providing only two entrances on the north side of the building, one to each of the north side tenant areas, a substantial amount of congestion could be avoided, particularly in light of the four foot walkway along that side of the building and the tightness of the parking stalls. _ Mr. Tremere next reviewed the status of the parking lot and the landscaping noting that during the 18 -month vacancy of the building a substantial f deterioration has occurred and recommended that the condition of the parking lot as well as of the sodding and plantings be upgraded to original status. He discussed the desirability of providing concrete delineators in the parking area, and stated that an inspection of the parking lot indicates -`the need for patching, seal coating and striping of lot. g A concern was voiced in terms of occupancy of the p building and the required improvements in the overall site. Mr. Tremere commented that the precise timing of occupancy of the building is a function of the City Council's consideration as to the status of the restricted covenant and its ultimate dissolution. Motion by Councilman Britts and seconded by Action Approving the Councilman Fignar to approve the amendment to Amendment to Planning Planning Commission Application No. 70016 sub- Commission Application mitted by DeCoster Realty Company and Hage No. 70016 (DeCoster Construction Company subject to`�the following Realty Co. and Hage conditions: Construction Co.) w 1 . Building plans are ub}ect to review by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Approved alterations of the building exterior shall be compatible aesthetically with existing finish. r E 9 12 -9 -74 -10- i 3. A performance agreement and sup,p6hing financial guarantee (in an amodht to be determined by the City Manager) shall be submitted to assure completion of approved_ site and building plan improvements; to include rejuvenation of the parking lot and the landscaping to the originally approved condition. 4. Upon satisfactory completion of structural amendments, resulting in approved interior parking spaces and subsequent reduction of available retail floor area, appropriate legal procedures shall be initiated to remove the existing restrictive land use covenant as an �r encumberance upon the property. 5. Site improvements shall includo Anstallation of concrete delineators as 'indicated on revised plans as approved by the City El Engineer. rt R 6. Approved revisions to the building exterior comprehend =� two entrances on the north side of the building with the precise location to be a function of proper location of handi- cap parking spaces and ramps, fire lanes and internal layout of the tenant areas, as reviewed by the City. Particular concern is noted that primary access for deliveries and unloading shall be at the east end of the building, thereby diminishing the potential vehicular and pedes- trian congestion in the north parking area. VcItIng in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against; none. The motion passed unanimously. Councilman Britts left the table at 11:10 p.m. S; Councilman Britts returned to the table at 11:15 p.m. Maintenance of Commercial- The City Manager next discussed the need to main- Industrial Properties in the twin commercial- industrial properties in the City as City the community matures. He noted that the Housing s Maintenance Code presently under consideration by the Housing Commission will provide a tool to encourage maintenance of residential properties. He stated that a similar tool should be developed to encourage maintenance of commercial - industrial properties. It was the consensus of the City Council that the City Manager e such a concept. Approval of Minutes Motion by Councilman Fignar and sdconded by 11 -18 -74 Councilman Jensen to approve the minutes of the November 18, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. -11- 12 -9 -74 k. Motion by Councilman Britts "nd seconded by Approval of Minutes Councilman Kuefler to appro4e the minutes of the 11- -21 -74 November 21, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Twin Lake Alano Councilman Jensen to authorize the Mayor and the Society E21sement City Manager to execute an easement agreement Agreement with the Twin Lake Alano Society for Xerxes Avenue North right -of -way along a portion of the Society's east property line. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously Member Maurice Britts introduced the following R�SOLUTTON resolution and moved its adoption: NO, 74 -199 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES I The motion for the adoption of the foregoing resolution was duly seconded by member Biii 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. Member Maurice Britts introduced the following RESOLUTION resolution and moved its adoption: NO. 74 -200 RESOLUTION ACCEPTING WORK AT HUMBOLDT SQUARE LIQUOR STORE 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 adopteli. Member Bill Fignar introduced' �fhel RESOLUTION and moved its adoption: NO, 74 -201 RESOLUTION ACCEPTING WORK'AT HUMBOLDT SQUARE LIQUOR STORE 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. 1 1 r 12 -9 -74 -12- RESOLUTION Member Maurice Britts introduced the following 2 resolution and its adoption:,_,, :moved NO. 4 -2 i 7 0 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. GREG ALMEN The motion for the adoption of the foregoing resolution was duly seconded by rrember 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. d P Y p RESOLUTION Member Robert Jensen introduced the following NO. 74 -203 resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF TREE$ 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, Tone Kuefier, 6iii Fignar and Robert Jensen and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION Member Tony Kuefler introduced the following NO. 74 -204 resolution and moved its adoption: RESOLUTION AUTHORIZING RETROACTIVE COMPEN- SATION TO FORMER PUBLIC WORKS DEPARTMENT EMPLOYEES 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 Cch en, 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 Tony Kuefler introduced the following NO. 74 -205 resolution and moved its adoption: RESOLUTION AUTHORIZING REDUCTION OF SUB - DIVISION CASH ESCROW AND THE DISBURSEMENT OF REMAINING FUNDS FOR BROOK PARK ESTATES 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. -13- 12 -9 -74 Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -206 RESOLUTION AMENDING RESOLUTIONS NO. 74 -113, 74 -120, & 74 -132 ADOPTED JULY 22, 1974, AUGUST 5, 1975 & AUGUST 19, 1974, RELATIVE TO STORM SEWER IMPROVEMENT PROJECT NO. 1974 -19 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 g same: none, whereupon said resolution was declared duly passed and adopted, Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO, 74 -207 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (GRADING AND UTILITY CONTRACT 1974 -I) { The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -208 RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBURBAN RATE AUTHORITY® DIRECTING THE EXECUTION AND DELIVERY OF JOINT POWERS AGREEMENT; AND DESIGNATING A REPRESENTATIVE OF THE CITY AS ITS MEMBER ON THE BOARD OF THE 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, Bill Fignar and Robert Jensen; and the following voted against the same: none, abstaining: Tony Kue�fler, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following ordinance ORDINANCE C and moved its adoption: NO. 74 -31 AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES RELATIVE TO MECHANICAL SYSTEM PERMIT FEES AND DOUBLE FEES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: 12 -9 -74 -14- Section I. Section 3 -103 (G) is hereby amended to read as follows: [ (4) Mechanical System Permit Fees. Fees charged for permits to install, alter, reconstruct, or repair any heating, ventilating comfort cooling, or refrigeration equipment, including any gas piping incidental thereto, shall be as follows :] [A $5 minimum permit fee shall be charged. Thereafter, except as herein provided, the permit fee shall amount to 1% of the estimated cost of the proposed work up to $50, 000 and one -half of 1% of the estimated cost thereafter.] _ [ Exception: The permit fee shall amount to $2 for any new installation of a stand -by gas or oil fuel system.] (4) Mechanical System Permit Fees, Fees shall be':paid according to the following schedule: �a Installation, alteration, reconstruction, or repair of any heating, ventilating, comfort cooling or refrigeration equipment, shall be computed on the basis of the estimated cost of the proposed work, except as herein pro- vided: Up to and including $500 - $5 Over $500 but not over $50,000 - 1% of v §lu- ation Over $50,000 - 1/2` loo of valu ation (b) Gas piping - $5 E (c) New installation of a fuel storage system - $25 (d) It is not intended that permits shall be required for portable heating, ventilating, comfort cooling, or refrigeration equipment, nor for the replacement of any component part or assembly of an appliance which does not alter its original approval and which complies with other applicable requirements of the Budding Code. [ Where work for which a permit is required by the Building Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve persons from fully complying with requirements of the Building Code or other City ordinances.] r (5) Double Fee For Work Started Without Permit. Where work for which a permit is required by the Building Code is commenced o ndertaken before a Permit has been obtained the fees above specified shall be doubled; but the payment of such double fee shall not relieve 'persons from fully com- plying with requirements of the Building Code or other City ordinances. — Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 9th day of December, 1974. The motion for the adoption of the foregoing ordinance was duly seconded by member Robert Jensen„ and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Lefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Bill Fignar introduced the following ordinance ORDINANCE' and moved its adoption: NO. 74 -32 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING R -5 AND C -1 ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -1140 of the City Ordinances is hereby amended, in part as follows: [ Lot 2, Block 2 Northtown Plaza, 1 st Addition] Section 2. Section 35 -1170 of the City Ordinances is hereby amended, in part, as follows: Lot 1 and 2, Block 2, Northtown Plaza 1 st Addition. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 9th day of December, 1974. The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler uponVote being taken thereon, the following voted in favor thereof: Philip Cohen, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, abstaining: Maurice Britts, whereu Ro�n said ordinance was declared duly passed and adorA6'd. 12 -9 -74 -16- ORDINANCE Mew Maurice Britts introduced the following NO. 74 -33 ordinance and moved its adoption: AN ORDINANCE.PROHIBITING POSSESSION AND CONSUMPTION OF INTOXICATING AND NONIN- TOXICATING ALCOHOLIC BEVERAGES IN TWIN BEACH PARK THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER E TER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 13 is hereby amended as follows: Section 13 -401. DEFINITIONS. For the purpose of this ordinance the definition of "intoxi- cating" and 'honintoxicating" alcoholic beverages shall be consistent with those establtsLpd in Section 11 -101 of the City Ordinances. Section 13 -402. PROHIBITION. It shall be unlawful for any person to possess or consume intoxicating or nonintoxicating alcoholic beverages within Twin Beach Park located in the City of Broo_ Kly—Ti ' Cent Section 13 -403. PENALTIES. Any person violating the provisions of this ordinance shall, upon conviction thereof, be punishable by a fine of not more than Three Hundred Dollars ($300) and by imprisonment not to exceed ninety (90) days. Section 2. This ordinance shall become effective January 1, 1975 and shall remain in effect through December 31, 1975. Adopted this 9th day of December, 1974. The motion for the adoption of the foregoing ordinance was duly seconded by member Tony'Kueflor end tipon_. 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. ORDINANCE Motion by Councilman Kuefler and seconded by First Reading Councilman Jensen to offer for first reading an ordinance vacating certain utility easements. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against: none. Abstaining: Councilman Britts. The motion passed. Proposals for a The City Manager next informed the City Council that National Guard Armory the Fridley City Council has invited comments to a in Fridley and North proposal to build a National Guard Armory in Fridley Park Nature Center and also to the development of North Park as a nature center. He commented briefly on the two proposals, recommending that he be permitted to respond in a none onai - dUal fashion. The Council concurred by consensus. -17- 12 -9 -74 The City Manager next stated that the Trust Company The Trust Company agreement with the City must be reviewed at this time since the housing of the Trust Company in the Community Center has expired. He stated that the Trust Company has had financial problems which must be worked out before they can make any decisions on a permanent place for their operation. He stated that it is hard to assess the success of the operation, but recommended that the Trust Company be permitted a 6 -month extension,in the Community Center. Motion by Councilman Britts and seconded by Councilman Jensen to authorize the City Manager to offer the use of the Civic Center theatre dressing room by the Trust Company through June, 1975. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Licenses Councilman Britts to approve the following licenses: CHRISTMAS TREE SALES LICENSE Chuck Edling 3119 Thurber Road Premium Quality Trees 1305 Mound Trail CIGARETTE LICENSE Dayton's Brookdale Donaldson's Brookdale Interstate United Sears Brookdale K -Mart 5930 Earle Brown Dr. LaCrosse Dairy 5845 Lyndale Ave. Nino's Steak Round -up 6040 Earle Brown Dr. Northern Vending Holiday Inn 1501 - 65th Ave. Ralph's Super Service 6601 Lyndale Ave. Red Owl Store 5425 Xerxes Ave. 7- Eleven 411 - 66th Ave. Snyder Bros. Drug Brookdale Ted Tuma Poppin Fresh 5601 Xerxes Ave. Uncle John's 5915 John Martin Dr. HOUSEMOVER'S LICENSE Robin Corp. 3550 Qrimes Ave. MECHANICAL SYSTEMS LICENSE Blue Flame Contracting 6418 Cambridge St. NONPERISHABLE FOOD VENDOR LICENSE Coca Cola Bermel Smaby 6500 Brooklyn Blvd, Northern Vending Holiday Inn 1501 - 65th Ave. OFF -SALE NONINTOXICATING LIQUOR LICENSE LaCrosse Dairy 5845 Lyndale Ave. Red Owl Store 5425 Xerxes Ave. 7- Eleven 411 - 66th Ave. 12 =9 -74 -18- P PP"P I PUBLIC DANCE LICENSE Nino's Steak Round -up 6040 Earle Brown Dr, Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Legislative Items The City Manager next referred to certain Association (Association of of Metropolitan Municipalities legislative items Metropolitan regarding metropolitan agencies. A discussion ensued Municipalities) relative to the proposed recommendations with Mayor Cohen commenting on the need to elect the Metropolitan Council since the Metropolitan Council has such great power. Brooklyn Center Motion by Councilman Jensen and seconded by Hockey Association Councilman Fignar to direct the City Manager to Hockey Arena respond to the Brooklyn Center Hockey Association Proposal in reference to their hockey arena memorandum and to refer the memorandum to the Park and Recreation, Commission. Voting in favor were: Mayor Cohen, Councilmen Britts , Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilman Kuefler and seconded by Councilman Fignar to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Brittp, Kuefler, Fignar and Jensen. Voting against: none. The motion, passed unanimously. The Brooklyn Center City Council adjourned at 12 :02 a.m. _ 1 Clerk Mayor -19- 12 -9 -74