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HomeMy WebLinkAbout1972 07-24 CCM Regular Session Minutes of the Proceedings of the City Council Of the City of Brooklyn Center In the County of Hennepin and State of Minnesota July 24, 1972 The City Council met in regular session and was called to order by Mayan Philip Cohen at 7 :40 P.M. Roll Call Mayor Cohen, Councilmen Ausen, Heck and Britts. Also Present were: City Ma p ty Hager Donald Posy, Director of Finance Paul Holmlund, Director of Public Works Tames Merila, Chief of Police Thomas O'Hehir, City Attorney Richard Schieffer, and Administrative Assistant Daniel Hartman. Pursuant to earlier direction, the City Manager introduced a proposed resolution. establishing a referendum which would authorise the issuance of special liquor licenses for Sunday service in Brooklyn Center. He commented that the sale of liquor would be limited to the Sunday hours of 12 :00 noon to 12 :00 midnight in hotels, restaurants, and clubs having a minimum of 50 seats. He further commented that these special liquor licenses would not count against Brooklyn Center's five regular licenses. Member Howard Heck introduced the following resolution and moved its adoption; RESOLUTION NO. 72 -133 RESOLUTION ESTABLISHING SPECIAL ELECTION TO AUTHORIZE ISSUANCE OF SPECIAL "ON- SALE" LIQUOR LICENSES TO SELL INTOXICATIN LIQUOR ON SUNDAYS 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 thereof:- Philip Cohen, Vernon Ausen Howard Heck. and Maurice ri ce Britts and the following voted against the same: none, whereupon said resolution was declared duly eed and ada t Y pa p ed . The Mayor recognised the former Chairman of the Conservation Commission Mrs. Audre Mos sber He stated that Mrs. Mossb had tendered i g � � a letter of resignation from the Commission and was ea n the City Th e l vi e t 9 y Mayor cited Mrs. Mossberg's achievements and civic service in the area of conservation. He presented Mrs, Mossberg with a plaque of commendation. Mrs. Mossberg accepted the plaque and thanked the Mayor and Council for their expressions. Motion by Councilman Heck and seconded by Councilman Britts to regretfully accept Mrs. Mossberg's letter of resignation. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried. unanimously. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 - I34 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION" FOR THE DEDICATED PUBLIC SEMaCE DY MRS, AUDRE MO BERG _ The motion for the adoption of the foregoing resolution was duly ,seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Mayor Cohen then announced his appointment of Mrs. Mary Ellen Vetter as the new Chairman of the Conservation Commission. Motion by Councilman Britts and seconded by Councilman Heck to confirm Mayor Cohen's appointment of Mrs. Mary Ellen Vetter as Chairman of the Conservation Commission. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -135 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE HENNEPIN COUNTY AGREEMENT NO. PW- 18 -02 -72 RELATIVE TO A SAFETY .IMPROVENE NT PROJECT ON COUNTY ROAD NO. 10 AT THE XERKES AVENUE NORTH AND NORTHWAY DRIVE INTERSEC QNS The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager stated that Planning Commie °` ation No. 72042 submitted by Brooklyn Center Industrial Park, Inc. request of the applicant. The City Manager introduced Planing Commission Application No submitted by Harlan Nyberg requesting a variance from the Platting Ordinance to permit subdivision by metes and bounds description. He noted that the subject parcel was ISS ft. by 128.5 #t. with a residential structure and a detached garage on the northerly portion. He explained that the new lot would be 71 ft. by 128.5 ft. with 9,123.5 sq. ft. of area. it was noted that the new parcel would be substandard in size, but the use would be permitted in that the 70% requirement of Section 35 -500 appeared to be met. Mayor Cohen then recognized the applicant after which a brief discussion ensued. Motion by Councilman Britts and seconded. by Councilman Heck to approve Planning Commission Application No. 72044 submitted by Harlan Nyberg, noting that precedent for such subdivision had been established in numerous earlier instances. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager then introduced Planning Commission Application Nos. 72046, 72047, and 72048 submitted by the American Oil Co. for Wes' Standard Station at 6044 Brooklyn Blvd. The City Manager explained that Application No. 72046 was requesting site and building plan approval, Application No. 72047 was requesting a special use permit to allow the con- struction of a car wash bay attached to the rear of the station, and Application No. 72048 was requesting a variance for rear yard setback to allow the con- stxuction of the car wash bay 14,5 ft. from the east property line. I The City Manager recommended that the Council condition any approvals upon American Oil Company's implementation of its proposal for i ' a total station warding within a one year time period. The Mayor then feco6nized Mr. W.G. Housenga, representing American Oil Co., who discussed the proposed plans. Councilmen fleck asked if variances on rear yard setbacks were of the same legal significance as variances on front yard setbacks denied certain service stations in earlier Planning Commission applications. The City Attorney, commented to the effect that such front yard variance proposals had a potential deleterious effect on the public safety, specifically relative to traffic hazards induced along major thoroughfares. He further commented that public safety was not generally involved in a rear yard setback variance. -2- He noted that in this case the rear property line abutted R -5 property, and with proper screening as recommened by the Planning Commission, the public safety was not an issue in the variance. Motion by Councilman Heck and seconded by Councilman Britts to approve Planning Commission Application No. 72448 subject to appropriate screening and fencing requirements of the revised site plan, noting that the required parking on the site would be substantially reduced. if the building were located elsewhere on the site and that a variance on rear yard setback did not create safety problems. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimous ly. A discussion ensued relative to Planning Commission Application No. 72046, site and building plan approval for Wes' Standard Station at 6044 Brooklyn Blvd. The City Manager stated that the applicant was seeking approval of site and building plans for a car wash bay addition and that the proposed structure would be constructed east of the service station and attached thereto, replacing s small existing and enclosed extension of the building. Following further discussion there was a motion by CouncAman Britt$ and seconded by Councilman Heck to approve Planning Commission Application No. 72046 submitted by American Oil Co. subject to the following conditions: I. Drainage and utility provisions are subject to the approval of the City Engineer; 2. Building plans are subject to the approval of the City Building Inspector with respect to applicable building codes, 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the installation of the site improvements; 4. Adequate trash disposal facilities shall be properly screened; 5*' All driving and parking areas shall be paved utilizing. B-612 type curbing; 6. All areas not designated parking or driving areas will be sodded and appfropriately landscaped; 7. Fencing shall.be installed as indicated on the final plans, 6 ft. high along the east property line, and 5 ft. high on the north and south sides. 8. All exterior masonry surfaces of the car wash shall be either decorative masonry or have a painted finish; 9. Final landscaping plans shall be approved by the City Council, 10. The total station upgrading proposal of American Oil Co. shall be implemented by June 1, 1973 as a condition of continued operation of the car wash. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The next item was consideration of Planning Commission Application Apo. 72047 submitted by American Oil Co. requesting a special use permit. The City Manager, stated that the permit was required by Section 35 -322 (3a.) for a car wash facility at an existing servWe station. He noted that the proposed facility would be similar in operation to the recently approved car wash for Shell Oil Co., Planning Commiselon'Application No 72035. 3- Following further discussion there was a motion by Councilman Ausen and seconded by Councilman Britts to approve Application No. 72047 submitted by American Oil Co. subject to the conditions noted in Application No. 72046. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The meeting recessed at 9:06 P. M. and resumed at 9:36 P.M. The City Manager introduced Planning Commission Application No. 72051 submitted by Carl Graffunda, an architect representing the Dale Tile Co. He stated that the application was for approval of site and building plans for a proposed warehouse addition to the present Dale Tile Co. He noted that the proposed structure is comprised of a warehouse area and an office area. He further noted that the removal of the unoccupied drive -in restaurant building in the southeast comer of the property was proposed on the submitted plans. The Mayor then recognized the applicant and Mr. William Dale, owner, and a discussion ensued relative to the proposed upgrading of the 'site. Motion by Councilman Britts and seconded by Councilman Ausen to approve Planning Commission Application No. 72051 submitted by Carl Graffunda for Dale Tile Co. subject to the following conditions: 1. Drainage and utility plans are subject to the approval of the City Engineer; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A performance agreement and performance bond (.in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted; 4. All parking and driveway areas shall be paved and curbed utilizing B -612 type curbing; S. The exterior finish of the addition shall be similar to that of the existing building. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The next item of business was Planning Commission Application No. 72052 submitted by McCarthy Construction Co. The City Manager introduced the item and stated that the applicant was requesting approval of a preliminary registered land survey comprising six tracts in the 1600 block beftreen 73rd Avenue North and Woodbine Lane. He noted proposed Tract A and F were previously reviewed and approved by the Planning Commission and City Council as part of a variance Application No. 72017. Motion by Councilman Heck and seconded by Councilman Ausen to approve Planning Commission Application No. 72052 submitted by McCarthy Construction Co. subject to the requirements of the Platting Ordinance, the approval of the City Engineer, and the submission of documents conveying appropriate utility and drainage easements. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager then stated that Planning Commission Application No. 72054 submitted by Mr. John Williams had been withdrawn at the request of the applicant. Motion by Councilman Heck and seconded by Councilman Britts to acknowledge the withdrawal of Planning Commission Application No. 72054. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. -4- The next item of business was Planning Commission Application No. 72056 submitted by Mr. John Akers. The City Manager introduced the application and stated that the applicant was seeking approval of site and building plan revision for a convenience center previously approved in Planning Commission Application No. 72029 and which comprehends the substitution of a Dairy Queen Restaurant for two previously approved retail units. He further noted that for this a special use permit was requested. The City Manager stated that the amended plan indicates that the approved structure includes one retail unit and the restaurant and that additional parking was also indicated east of the building. He emphasized that the application was requesting an amendment to the approved plans and it was accordingly subject to the conditions of the approval of Application No. 72029. The Mayor then recognized Mr. John Akers, applicant, who presented the amended plans. Following a brief discussion, there was a motion by Councilman Ausen and seconded by Councilman Heck to approve Planning Commission Application No. 72056 subject to the conditions of approval of Planning Commission Applica- tion No. 72029 approved by the City Council April 10, 1 972 and the following conditions: I. All parking and driving areas will be curbed utilizing B-612 type curbing; 2. Approval of the application is exclusive of all signery. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Member Vernon Ausen introduced the following ordinance and moved its adoption: ORDINANCE NO. 72 -12 AN ORDINANCE AMENDING CHAPTER 35 OF THE CI'T'Y ORDINANCES BY REQUIRING CONCRETE CURB & GUTTER TO BE INSTALLED ON THE PERIMETERS OF D NG AND PARKING AREAS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 35 of the City Ordinances is hereby amended as follows: Section 35 -710. SURFACING, DRAINAGE & CURBING In all districts, all open off -street driving and parking areas shall be improved with a minimum of 2 inches of hot mixed paver laid bituminous mat, or a comparable concrete slab, placed over a well compacted subgrade and gravel base. The base gravel shall conform to the Minnesota Highway Department specifications for Class 5 gravel. In other than R1 and R2 districts, drainage plans shall be submitted to and approved by the City Engineer, drainage shall be discouraged across sidewalks or driveways. The perimeters of all driving and parking areas shall be bounded by (a) cast inplace concrete (curb not less than 18 inches in overall height and not less than 6 inches in width, with a vertical exposed surface of 6 inches.) curb and clutter which conforms with the Minnesota Highway Department Type " B-612". Other shapes of (concrete curbs or) concrete curb and gutter may be permitted providing the design provides an equal cross sectional area and is approved in writing by the City Engineer. The concrete used for curbing shall con- form to the current City specifications. Section 2: This Ordinance shall become effective after adoption of and thirty (30) days following legal publication. Adopted this 24th day of July, 1972. ' -5- The motion for the adoption of the foregoing ordinance was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. A discussion ensued relative to Section 35 -710 of the City Ordinances regarding surfacing, drainage and curbing in paragraph one. Councilman Ausen stated that he was concerned with the wording of the ordinance requiring all zoning districts to have a bituminous mat or a comparable concrete slab in off- street driving or parking areas. Upon further discussion a motion was made by Councilman Ausenand seconded by Councilman Britts to instruct the staff to draft an amendment to the ordinance deleting the requirement that R -1 or R -2 zoning districts have a bituminous mat or a comparable concrete slab in off - street driving and parking areas. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -136 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager then introduced for Council consideration building plans submitted by Green Giant Restaurant in support of their liquor license. The City Manager reviewed City Council action in 1968 in relation to site and building plan approval for the original Green Giant Restaurant. He stated that in 1968 Green Giant stated their plans for 134 seats which required 68 parking spaces on -site. He commented that subsequent to site and building plan approval Green Giant, Corp. had expanded their seating capacity to approx- imately 162 seats requiring 81 parking spaces. He noted that the present plan for the Green Giant Restaurant liquor operation would require approximately 11S parking spaces versus the 68 spaces available. The City Manager then stated that for existing businesses in Brooklyn Center to expand their operation according to the Zoning Ordinance they must have the required parking spaces on -site. He reminded Council members that the Planning Commission was presently considering an ordinance amendment that would provide for off -site parking according to certain standards. He described the features of the ordinance, pointing out that the proposal comprehends imple- mentation through the special use permit device, off -site parking credits being limited to businesses which have been in existence for a minimum of two years, off -site parking credits being limited to parcels which are irrevocably committed to the principal land use, and certain distance relationship factors. Councilman Ausen addressed to the similarity of such an off -site parking proposal to existing ordinance provisions, Section 35 -720, which authorizes joint use off -site parking arrangements. A discussion ensued regarding the sequence of approvals, the consensus emerging that the parking matter must be resolved prior to approval of the building plans and exercise of the authorized liquor license. In the interests of coordinating and expediting the matter, Councilman Heck suggested that the City Council meet in joint session with the Planning Commission to discuss the off -site parking proposal. -6- The City Manager then introduced Mr. Jack Jones, engineering representa- tive for the Green Giant, Corp,, and Attorney David Hoffman who proceeded to review the building plans with the City Council. Following review of the building plans, a discussion again ensued regarding the parking deficiency, the Green Giant representatives impressing the urgency of resolving the matter. The Mayor advised the Green Giant representatives that it was the consensus of the City Council to meet in joint session with the Planning Commission to discuss the proposed off -site parking proposal and further stated that such a meeting would precede approval of Green Giant's building plans. The City Manager then presented a Conservation Commission recommendation to the City Council recommending that the City Council take a public stand in relationship to development on the Mississippi River islands. He further stated that it was the concern of the Commission that development of any twe on these Mississippi River islands would destroy their natural state. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -137 RESOLUTION OPPOSING DEVELOPMENT OF THE MISSISSIPPI RIVER ISLANDS The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Ausen and seconded by Councilman Britts to approve the following licenses: Bingo License St. Alphonsus Church 7025 Halifax Ave. No. Cigarette License St. Alphonsus Church 7025 Halifax Ave. No. Garbage and Refuse Hauling License Ace Solid Waste Management 3118 162nd Lane N.W. Gallagher's Service 9151 Central Ave. N. E. Kersten Truck Service 2045 Bronson Drive Nistler Garbage Removal R.R. 1, Hamel, Minn. W & W Company 1600 Oregon Ave. So. Itinerant Food License Brooklyn Center Pep Club Brooklyn Center High School Brooklyn Center Jaycees & Babe Ruth League Brooklyn Center High School St. Alphonsus Church 7025 Halifax Ave. No. Non- Intoxicating Malt Liquor "On- Sale" License St. Alphonsus Church 7025 Halifax Ave. No, Swimming Pool License Earle Brown Apartments 6100 Summit Drive Twin Lake North Apartments 58th & Major Ave. No. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager reviewed a request by the Brooklyn Center Fire Department for authorization to have a practice fire drill at 5544 Bryant Avenue North. The City Manager stated that a house on that property could be razed giving the fire department practice in controlling house fires. -7- t - Motion by Councilman Heck and seconded by Councilman Britts to authorize the Brooklyn Center Fire Department to conduct a fire drill at 5544 Bryant Avenue North. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next addressed to the ramifications of a recent Minnesota Supreme Court decision involving the State Dram Shop Law. He commented that the initial interpretations of the decision indicate that the application of the Dram Shop Law would extend beyond retail dispensers of liquor and that anyone, socially or otherwise, illegally furnishing liquor would be subject to the Dram Shop Law and its consequences. Thus, making liquor available to anyone under the age of 21 years or to an intoxicated person could render a social host subject to the consequences of the Dram Shop Law. The City Manager related the implications of the recent Supreme Court decision to his earlier successful recommendation to the City Council that the Brooklyn Center Jaycees be permitted to conduct a community dance in the Municipal Service Garage in September, 1972. He stated his concern that the dispensation and consumption of liquor at such dances could subject the City of Brooklyn Center and the Jaycees to the ramifications of the Dram Shop Law. He commented that the degree of risk exposure and the possible consequences appeared to be too great for both the City and the Jaycees and on that basis advised the Council that he was withdrawing his earlier recommendation that City facilities be made available. Mayor Cohen then asked the City Attorney for his comments on the recent Supreme Court decision. The City Attorney offered comments relative to the philosophy of the court decision and stated that the decision, in effect, opened an infinite variety of Dram Shop liability possibilities. After further discussion, it was the consensus of the City Council that the matter of the use of the City facilities for a community dance as proposed by the Brooklyn Center Jaycees be held in abeyance and that the City Attorney be prepared to advise the City Council of its possible liabilities at the next City Council meeting. Motion by Councilman Heck and seconded by Councilman Britts to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The Council meeting adjourned at 12 :22 A.M. lerk Mayor i i l i i I i -8-