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HomeMy WebLinkAbout1972 12-18 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 DECEMBER 18, 1972 CITY HALL Call to Order The City Council met in regular session and was called to order at 7 :30 p.m. by Mayor Philip Cohen. Roil Call Mayor Cohen, Councilmen Heck, Leary, Ausen and Britts.: Also present were City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, and Admin- istrative Assistants Daniel Hartman and Blair Tremere. Invocation The invocation was offered by Reverend Toy of the Harron Methodist Church. Approval of Minutes: Motion by Councilman Heck, seconded by Councilman 12-4 --72 Ausen to approve the minutes of the December 4, 1972 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Heck, Britts, Leary, and Ausen. Voting against: none. Motion passed unanimously. Approve Fire Association Motion by Councilman Leary, seconded by Councilman Investments: Britts to approve the action by the Brooklyn Center Fire Department Relief Association Board authorizing the pur- chase of investments in the amount of $15,000. Voting in favor were: Mayor Cohen, Councilmen Heck, Leary, Ausen, and Britts. Voting against: none. Motion passed;-- unanimously. RESOLUTION Member Vernon Ausen introduced the following resolution NO. 72 -197 and moved its adoption: RESOLUTION AUTHORPLING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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, John Leary, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Howard Heck introduced the following resolution NO. 72 -198 and :.;owed its adoption: RESOLUTION CALLING FOR PREPAYMENT OF GENERAL OBLIGATION OF THE 1955A FUND 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, John Leary, Howard Heck, Vernon Ausen, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 72 -199 tion and moved its adoption: RESOLUTION CALLING FOR PREPAYMENT OF GENERAL OBLIGATION BONDS OF THE 1956C FUND 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, John Leary, Howard Heck, Vernon Ausen, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution NO. 72 -200 and moved its adoption: RESOLUTION CALLING FOR PREPAYMENT OF GENERAL OBLIGATION BONDS OF THE 1958B FUND 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, John Leary, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION member John Leary Introduced the following resolution NO. 72 -201 and moved its adoption: RESOLUTION TO TRANSFER SURPLUS FUNDS FROM VARIOUS SPECIAL ASSESSMENT FUNDS TO THE CAPITAL PROJECTS FUND 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, John Leary, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Discussion of Annual The City Manager introduced a draft resolution recom - Budget Adjustments mended for the purpose of making annual year -end adjustment to the 1972 budget accounts. A brief dis- cussion ensued relative to the process of budget trans- . fers. The City Manager reported that overall budget under- expenditures plus revenues in excess of earlier estimates would result in approximately $38,000 of operating surplus for 1974 budget consideration. RESOLUTION Member Howard Heck introduced the following resolution NO. 72 -202 and moved its adoption: RESOLUTION AMENDING THE 1972 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member l#aurice Britts and upon vote being taken thereon, the fOj owing voted in favor thereof: Philip Cohen, John Levey, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none,, whereupon said resolu- tion was declared duly passed and adopted. -2- 12 -18 -72 Public Hearing on Amend- The City Manager explained that pursuant to provisions ment of Sewer Rates and of Section 11.42 of the City Charter a public hearing Fees had been scheduled regarding the matter of establishing provisions for the Metropolitan Council imposed sewer availability charge. He further explained the proposed resolution amending the schedule of rates and fees emphasizing that the intent was not to change the rates but rather the connection fee portion of the schedule by the addition of the sewer availability charge provisions. He suggested that the intent at this time should be to hold the collected funds in escrow until a decision had. been made by the court regarding the City's legal action challenging the sewer availability charge concept. He stated that the proposed action comprehended the establishment of the necessary administrative machinery to collect and account for the sewer availability charge funds. Discussion of Amendment Councilman Heck inquired as to how many Brooklyn to Sewer Rate and Fee Center residents had not hooked up to available sewer Schedule mains and the Director of Public IA orks responded that approximately ten properties had yet to connect to the sewer system. The City Manager stated that all of the persons had been notified and that, in fact, some of those had been ordered to make the connection to the system pursuant to City ordinance requirements, which provided that connection shall be made within one year I of the availability of the sewer system to a property. Mayor Cohen briefly commented as to the intent of the resolution and the City Attorney offered remarks re- garding the status of the pending legal action. Question of Metropolitan The City Manager commented that a related and equally Council Authority to Order serious question was whether the Metropolitan Council Local Administration of had, in fact, the authority to order municipalities to act Council. Programs as administrative agencies for the collection of fees or levies such as the sewer availability charge. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 72 -203 tion and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES FOR THE USE OF AND CONNECTION TO THE. SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member john Leary and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Howard Heck, Vernon Ausen, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Howard Heck introduced the following resolution NO. 72-204 and moved its adoption: RESOLUTION ESTABLISHING ADMINISTRATIVE PROCEDURES FOR COLLECTING SERVICE AVAILABILITY CHARGES -3- 12 -18 -72 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, John Leary, Vernon Ausen, Howard Heck, and Maurice Britts: and the following voted against the same: none, whereupon said resolution was duly passed and adopted. Planning Commission The City Manager reviewed Planning Commission Application No. 72081 Application No. 72081 submitted by R. W. Engstrom and (R. W. Engstrom) he noted the discussion contained in the December 7, 1972 minutes of the Planning Commission. He stated the applicant was seeking a variance to permit sub - division by metes and bounds of a parcel located at the southeast corner of 55th and Bryant Avenues North. It was noted that sufficient precedent exists for such action, and that the contended hardship was that formal subdivision requirements would be unduly restrictive. Mayor Cohen noted that the applicant was not present and that none of the notified property owners was present. Following a brief discussion there was a motion by Councilman Leary, seconded by Councilman Britts to approve Planning Commission Application No. 72081 submitted by R. W. Engstrom, noting that sufficient precedent exists for granting the variance and recog- nizing that formal subdivision requirements would be unduly restrictive. Voting in favor were; Mayor Cohen, Councilmen Ausen, Britts, Heck, and Leary. Voting against: none. Motion passed unanimously. Planning Commission The City Manager next reviewed Planning Commission Application No. 72082 Application No. 72082 submitted by B. C. I. P., Inc. (B. C. I. P.) He reviewed the Planning Commission consideration as reflected in the minutes of the December 7, 1972 meet- ing and noted the applicant was seeking preliminary plat approval for the property known as "Outlot C, Twin Cities Interchange Park". An extensive discussion ensued relative to the recom- mendation that a 14 foot wide strip of land extending along 69th Avenue North be provided from this parcel for future roadway and utility purposes. The City Manager noted the Planning Commission recommendation to require an easemnt for the proposed 14 foot wide strip. He also recalled the Council review of prelims- nary realignment plans submitted by the County for 69th Avenue North (County Road No. 130) . Following further discussion there was a motion by Councilman Britts, seconded by Councilman Leary to approve Planning Commission Application No. 72082 submitted by B. C. I. P. subject to the following conditions: 1. The final plat is subject to review by the City Engineer. 2. The final plat is subject to the requirements of the subdivision ordinance. 3. An easement approximately 14 foot wide shall be provided along 69th Avenue North to allow for possible future utility and roadwakrequire- 4 I2-I8 -72 . ments with the precise dimensions of such easement to be determined by the City Engineer. Voting in favor were: Mayor Cohen, Councilmen Britts, Leary, Heck and Arisen. Voting against: none. Motion passed unanimously. Planning Commission Mr. Tremere reviewed Planning Commission Application Application No. 72083 No. 72083 submitted by B. C. I. P. He noted the (B. C. I, P.) Planning Commission consideration and action as reflect - ed in the December 14, 1972 minutes, and stated that the applicant was seeking approval of site and building plans for a 13- story, 122 unit apartment building, which had been authorized under the FHA "236" housing pro- gram. He noted the proposed site was a 4.38 acre tract located in the R7 district south of the City Ball. The Mayor then recognized Mr. Paul Pink and Mr. Janis Blumentals, architects for the project who presented slides and reviewed the site and building plans for the proposed project. Discussion of Provision The City Manager commented relative to the discussions for Fire Sprinkler System which had been held with the applicant regarding a fire prevention system utilizing sprinklers for the project. He stated that the applicant had submitted to the file a letter of intent agreeing to develop design and cost data for a sprinkler system to be installed in the building noting, however, that if the additional cost made the project economically unsound due to the unavailability of additional funds, the project would be canceled. The City Manager reiterated the concern for effective fire prevention as evidenced by the existing requirements for fire sprinkling systems in industrial and commercial buildings, as well as the pending ordinance amendment which would provide for such systems in all residential structures exceeding three stories in height. He re- viewed the development of those ordinance provisions and cited the recent national concern over fire safety, particularly in high -rise structures. Mayor Cohen noted the concern of the Planning Commission at the December 14 meeting regarding the provision of a fire sprinkling system in the proposed high -rise residential building. In further discussion the City Manager commented that analysis of the proposed site plan in terms of the City master utility plan indicated that an additional utility e4gement would be required for the installation of a water main to be located along the northern boundary of the site. Councilman Heck inquired as to the use of the units specially designed for the handicapped should they not be rented to handicapped persons after a reasonable period of time. A representative of the applicant replied that the units would be rented and that if handicapped persons made applleation for tenancy, such units would be made available over time as other vacancies occurred in the building and occupants of the specially designed units could be transferred. The applicant's representative also commented that ex- perience with other similar buildings had shown most of the units included in the supplemental rent program were -5- 12 -18 -12 occupied by elderly persons. Councilman Ausen stated his concern as to the size of the units and the provision for storage. He also noted the lack of carpeting in the living units, and Mr. Pink responded that the exclusion of carpeting was due to budgetary reasons. Following further discussion there was a motion by Councilman Heck, seconded by Councilman Britts to approve Planning Commission Application No. 72083 subject to the following conditions: 1. Utility, site, and grading plans are subject to approval by the City Engineer prior to the issuance of building permits. 2. Complete building plans, including a fire sprinkling system (as per the December 11, 1972 letter of intent submitted by the applicant) are subject to review and approval by the build - ing inspector prior to the issuance of building permits. 3. A performance agreement and financial guarantee (an amount to be determined by the City Man - ager) shall be submitted to assure site improve- ments as indicated on approved plans. 4. Upon presentation of evidence that subsidized housing requires proportionate) less parking Y P g space than non- subsidized housing, a portion of the required parking spaces as indicated on the approved plan may be deferred until such time as: a . It is deemed necessary by the City Council that the additional spaces be provided. b. The development is disassociated from the subsidized housing program under which construction was authorised. S. The sidewalk- indicated in the immediate vicinity of the building, including all entrances, shall be constructed of concrete. 6. Documentation conveying an easement providing for access by the City to the top of the struc- ture, and for the installation and maintenance of necessary communication equipment by the City, shall be submitted and approved prior to the issuance of building permits. 7. Documentation conveying an additional utility easement located along the north property line of the site shall be submitted to the City and shall be subject to review and verification by the City Engineer. Voting in favor were: Mayor Cohen, Councilmen Heck, Leary and Fritts. Not voting: Councilman Ausen. Motion carried. -6- 12 -18 -72 The meeting recessed at 9:55 p.m. and resumed at 10:15 P.M. Planning Commission The City Manager reviewed Planning Commission Application No. 72084 Application No. 72084 submitted by Henry Stenquist. (Henry Stenquist) The minutes of the December 14, 1972 Planning Commission meeting reflecting consideration of the application were reviewed. The City Manager explained that the applicant was pro - posing construction of a townhouse project on an L- shaped R3 parcel which abuts a C2 tract at the northwest quadrant of the intersection of 66th and Lyndale Avenues North. Mayor Cohen recognized the applicant who presented renderings of and reviewed the site and building plans for the proposed project. He explained that according to the recommendation of the Planning Commission cer- tain site modifications had been made. He noted that the proposed project comprehended 38 townhouse units with a central identifiable open space at the northwest corner of the site. Mr. Tremere briefly reviewed the site and building plans, noting that complete plans coincided with the basic revised site plan which had been reviewed and approved by the Planning Commission. He further commented relative to the. easement which extends through the portion of the site from that point of the northerly boundary abutting 5th Street North. He stated that the 60 foot wide easement was for utility purposes and that the applicant had indicated a desire to reduce that easement. He noted, however, that while the City had no particular objection to reducing the width of the easement to approximately 20 feet .as pro - posed, that action would have to be initiated by the applicant through appropriate legal channels. In that regard Mr. Tremere commented the applicant had proposed an alternate site plan wherein a slight varia- tion from the basic plan would be made to permit the shifting of certain units to that area now designated as easement. Mayor Cohen commented that the owners of the property to the north of the project had been notified and he recognized Mr. H. Wilken, 419 - 67th Avenue North, who expressed his concern with the provision for adequate screening between the neighboring properties and the proposed townhouse project, as well as the pro - posed roadway within the Sth Street North right -o€ -way. Following a brief discussion the applicant stated that the proposed screening and proposed driveway access at 5th Street North would be discussed and agreed with the neighboring property owners prior to their installa- tion. Following further discussion there was a motion by Councilman Leary, seconded by Councilman Ausen to approve Planning Commission Application No. 72084 subject to the following conditions: 1. Drainage, grading, and utility plans are subject to approval by the City Engineer prior to the issuance of building permits. -7- 12 -18 -72 2. Building plans are subject to the approval of the Building Inspector with respect to applicable Building Codes prior to the issuance of building permits. 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 Improve- ments as shown on the approved plans. 4. All roadways, utilities, and street lighting shall conform to City standards set forth for public facilities. 5. The ownership, management and maintenance of all outside common areas and common facilities, including roadways, utilities and street light- ing, shall be under the jurisdiction of one homeowners association. 6. Homeowners association agreements and by- laws shall be submitted to the City; shall be subject to review by the City Attorney prior to the issuance of building permits; and shall in- clude: a. Provisions for the City to provide main - tenance and revitalization of roadways, utilities, and other common use facilities in the event the City Council deems such maintenance and revitalization necessary, with the cost of such expenses that might be incurred to be assessed to the property owners. b. Provision for water and sewer main and fire hydrant maintenance and inspection agreements pursuant to Section 35 -410 (5) of the ordinances. 7. Approval 1 1 d u the b it s base n basic site design si PP Po g indicated on sheets "l -D" dated Dec. 13, 1972 (as approved by the Planning Commission on December 14, 1972) and sheet " 1 -B Alternate," with tentative approval of the site plan . indicated on sheet " 1 -B" contingent upon the legal reduction of the roadway easement width.. Voting in favor were: Mayor Cohen, Councilmen Britts, Heck, Ausen, and Leary. Voting against: none. Motion passed unanimously. Planning Commission The City Manager reviewed Planning Commission Applica Application No. 72085 tion No. 72085 submitted by Mr. Roy E. Miller on be- Wino's Restaurant - half of Nino's Restaurant. He stated the applicant was Special Use Permit) ) seeking l u permit v entertainment in special use e m for live enter a 9 P P Nino's Restaurant located on the ground floor of the new office building located at 6040 Earle Brown Drive. He noted that the Council had recently authorized the issuance of a liquor license, including Sunday sales, for the establishment. Mayor Cohen noted that none of the notified property owners was present. -8 -' 12 -18 -72 Following a brief discussion there was a motion by Councilman Heck, seconded by Councilman Leary to approve Planning Commission Application No. 72085 submitted by Roy E. Miller on behalf of Nino`s Restau- rant. Voting in favor were: Mayor Cohen, Councilmen Britts, Ausen, Leary, and Heck. Voting against: none. Motion passed unanimously. Planning Commission The City M anager next reviewed Planning Commission Application No. 72077 Application No. 72077 submitted by B. C. I. P., Inca (B. C. I. P.) He stated the applicant was requesting site and building plan approval for a 40, 000 sq. ft, addition to the Arctic Metals Manufacturing facility located at 6530 James Avenue North. He stated the expansion was anticipated when approval was granted for the existing facility on April 26, 1971. He stated the total area of the manu- facturing plant would be 126, 550 sq. ft. The City Manager commented that the plans were initially reviewed by the Planning Commission on November 2, 1972 when concern had been voiced relative to a pro - posed standby liquified petroleum facility. He com- mented that the staff had recommended that the facility be incorporated as part of a berm providing screening between the automobile parking lot and the truck maneu- vering area, but that the applicant had stated his pre- . ference for burying the gas tank below grade. He stated that since then the applicant had indicated a' desire for an above ground facility because he had de- termined that standby gas facilities could be used to re- fuel tanks for forklifts and other factory vehicles. The applicant had learned that an above grade holding tank would be necessary to perform this function. He noted that the Planning Commission had, consequently, re- viewed the proposed amendment on December 14, 1972. He added that extensive staff research had been con- ducted and that fire officials, planning and building officials, as well as representatives of various gas suppliers, had been contacted relative to their advice and experiences with standby gas facilities. He stated that as a result it had been determined another accept- able alternative, for this particular site, was location of the standby gas tank in the area indicated to include the following design features: An opaque wall con- . structed of materials similar or compatible in nature to those used for the main building would completely surround the tank providing complete visual screening; and designated areas around the structure would be curbed with a green strip between the curbing and the edge of the structure. He noted that fire officials had suggested the passibility of providing several courses of a ventilated block in the walls of the structure to permit the diffusion of heavier- than -air liquified petroleum should a leak develop. The City Manager also commented that the concern for the particular design and location of the LP gas tank was due to certain State fire safety regulations as well as the provision in the City ordinance prohibiting out - door storage in the industrial park. He stated three alternatives were available to provide for such standby -9- 12 -18 -72 facilities: complete burial, incorporation of the facil- ities! with the berm, or enclosure as recommended for the present application. He stated the preference was for the incorporation of the facility within a berm and that in future site building proposals this would be con - sidered in determining the location and provision for such standby facilities. He stated that in the instant case the already existing building and the established design of the open area led to the recommendation of the proposed enclosure. He commented that it was the intent to present to the Council a recommended policy or ordinance provision comprehending acceptable provisions for standby fuel facilities. Following a discussion of the site and building plans there was a motion by Councilman Leary, seconded by Councilman Britts to approve Planning Commission Application No. 72077 submitted by B. C. I. P. subject to the following conditions: 1. Building plans are subject to the approval of the Building Inspector with respect to applicable Building Codes. 2. Utility, drainage, and elevation plans are sub - ject to the approval of the City Engineer prior to the issuance of building permit. 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 site improvements designated on the approved site plans. 4. Provisions shall be made in constructing the building to insure compliance with the ordinance special requirements for the I -2 district with particular regard for limitations on sound vibra- tion and outdoor storage. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Ausen, and Heck. Voting against: none. Motion passed unanimously. Councilman Leary left the table at 11:43 p.m. ORDINANCE Member Howard Heck introduced the following ordinance NO. 72 -20 and moved its adoption: Second Reading AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN CENTER TO HENNEPIN COUNTY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: PREAMBLE WHEREAS, the Hennepin County Library Board has indicated a desire to acquire certain Brooklyn Center owned property described below for the - public purpose of continuing and expanding a Hennepin County library facility, and -10- 12- -18 -72 WHEREAS the subject roe is p resentl y , h i 'Property rt� p e v leased to Hennepin County by the Cif of Brooklyn Center until December 31, 2418 for the sum of one dollar per year: and WHEREAS, it is determined to be in the best Interests of the citizens of Brooklyn Center to convey the subject property to Hennepin County and to use the therefrom consistent with Section 12.0 of the City Charter; and WHEREAS, it is determined that the subject propert y is no longer needed for municipal purposes` and WHEREAS , independent appraisals of the current market value of the property were secured, It is, therefore, determined to convey the followiM described real estate to Hennepin County, consistent with Section 12.05 of the City Charter. Section 2: Property description in terms of conveyance That City of Brooklyn Center o nned rropert v described as: Lot 1, Block 1. Library Terrace shall be conveyed in fee title to Hennepin County in consideration of the sum of $34,745.00 to be paid to the City of Brooklyn Center provided that, the City of Brooklyn Center shall pay those outstanAina,,, special assessments assia_ned against the above !described property as of the effective date of this Qrdinahcee. A purchase agreement shall be drawn and executed by both parties, setting forth the financial terms as pre - scribed by this ordinance, and Wher setting forth such other reasonable terms as may be mutually agreed be- tween the parties. Section 3: This ordinance shall become effective after adoption and thirty days following its legal publi- cation. The motion for the adoption of the foregoing ordinance was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Discussion on Draft The City Manager introduced a draft ordinance Ordinance Amending amending Chapter 5 of the City Ordinances expanding Chapter 5 (Fire fire prevention provisions In residential districts. He Prevention) stated the draft ordinance was first read on Dec. 4, 1972, Published on Dec. 7, 1972 and was offered for second reading. _a Councilman Leary returned to the table at 11 :48 p.m, A brief discussion ensued and the' City Manager noted the response which had been given to news accounts of the first reading of the ordinance. He stated - -11- 12 -18 -72 that there had been substantial concern and effort voiced by other private and public organizations In- cluding various State offices. Councilman Britts stated that he endorsed the pro- posed ordinance in that the City did not have adequate equipment for servicing high -rise buildings and that the proposed ordinance provided for an effective fire pre - vention system , particularly in structures housing elderly persons. ORDINANCE Member Maurice Britts introduced the following NO. 72 -21 ordinance and moved its adoption: Second Reading AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES EXPANDING FIRE PREVENTION PRO- VISIONS IN RESIDENTIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 5 of the City Ordinances is hereby amended as follows: Section 5 -301 FIRE PREVENTION POLICY STATEMENT It is declared to be the policy of the City of Brook - lyn Center to vigorously promote the safety and welfare of its citizens. In this context, the traditional approach to fire service - -- suppressing fires once ignited, res- cuing survivors, and too frequently exposing firemen to physical danger and death, all at a disproportionately high community investment of resources in manpower and equipment - -- is declared unacceptable for Brooklyn Center. Rather, it is the fire safety policy of the City of Brooklyn Center to efficiently utilize its resources and maximize life, safety, and citizen welfare by requiring that fire prevention and extinguishing systems be built into certain new structures. Thus, the effectiveness of the Brooklyn Center Volunteer Fire Department is enhanced and extended at a lower cost to the citizenry, life safety is allocated a priority at least as great as Property protection, and the owner cost of built -in -fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums. Section 5 -302 FIRE EXTINGUISHING SYSTEMS REQUIRED Every story, basement, or cellar in every building hereafter erected in:the I -1 (Industrial Park), I -2 (General Industry), C -1 (Service Office), C -lA (Service /Office) , and C -2 (Commerce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N. F P. A No. 13. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential LR1 through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Surinkler Standard N. F. P. A. No. 13. The fire extinguishing system shall be connected to the City of Brooklyn Center Remote Station Fire Alarm System according to the provisions of Section 5 -501 through 5 -505 of the City Ordinances or shall be connected to a central station system approved 12 12 -18 -72 and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building. Exception: Buildings having a gross floor area less than 2,000 sq . ft. shall not be required to install a fire extinguishing system, provided each story of the build - ing has at least 20 sq. ft. of opening above grade in each segment of the 50 lineal ft. of exterior wall on at least one side of the building. Section 2: This ordinance shall become effective after adoption and upon thirty days following its legal publication. The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Maurice Britts, Howard Heck, and John Leary; and the following voted against the same: none, whereupon said ordinance was declared duly. passed and adopted. RESOLUTION Member Vernon Ausen introduced the following resolution NO. 72 -20S and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF MINN. OSA -82 PARCEL 2 INCLUDED IN THE CITY OPEN SPACE APPLICATION AND PAYMENT OF RELATED. COSTS 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, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLU'1'IC)N RESOLUTION AUTHORIZING :,PAYMENT OF COSTS RELATED NO. 72 -206 - TO PURCHASE OF MINN. OSA -82, PARCEL NO. 6 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, John Leary, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolu- tion was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolu NO. 72 -207 Lion and moved its adoption: RESOLUTION AUTHORIZING PAYMENT OF COSTS RELATED TO PURCHASE OF ALL PARCELS IN MINN. OSA -82 The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor there- of: Philip Cohen, John Leary, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -13- 12 -18 -72 i LICENSES Motion by Councilman Leary, seconded by Councilman Britts to approve the following licenses: CIGARETTE LICENSE B. K. Vending Northern States Power 4501 - 68th Ave. No. Brookdale Ford 2500 County Rd. 10 Brookdale Shell 1505 - 59th Ave. No. Brother's Rest. , Inc. Brookdale Center D. K. Carter Uncle John's Rest. 5915 John Martin Drive Donaldson's Brookdale Center Eagle Industries, Inc. Poppin Fresh Pies 5601 Xerxes Ave. No. Brookdale 10 Bldg. 56th & Brooklyn Blvd. Twin Lake North Apts . 4536 - 58th Ave. No. R. E. Fritz Dayton' s Brookdale Dayton's Employee Lunch- room Brookdale H. & L. Enterprises Whirltronics 3401 - 48th Ave. No. K -Mart (S. S. Kresge) 5930 Earle Brown Drive LaCrosse Dairy 5845 Lyndale Ave. No. Master Engineering 3500 - 48th Ave. No. Elm Farm Super Market 5930 Earle Brown Drive Pioneer Distributing Co. Green Giant Rest. 5540 Brooklyn Blvd Phillips "66" 6548 Lyndale Ave. No. Pilgrim's Cleaners 5728 Morgan Ave. No. Noolworth's 1212 Brookdale Center Ralph's Super Service 6601 Lyndale Ave. No. Red Owl Store 5425 Xerxes Ave. No. Ruth's Tobaccoland 1301 Brookdale Center Servomation Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet Co. 5701 Brooklyn Blvd. J. C. Penny Brookdale Center Servomation 4301 - 68th Ave. No. Servomation 4301 - 68th Ave. No. State Farm Insurance 5930 Shingle Creek Pkwy. Velie Oldsmobile 6700 Brooklyn Blvd. Snyder Bros. Drug 3296 Brookdale Center Theisen Vending, Inc. Ricco's 5742 Morgan Ave. No. Shopper's City 3500 - 63rd Ave. No. United Vending Co. Beach Apartments 4201 -07 Lakeview Ave. Wes' Standard Service 6044 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Donaldson's 1200 Brookdale Center GASOLINE SERVICE STATION LICENSE Allied Blacktop Co. 3601 - 48th Ave. No. Brookdale Car Wash 5500 Brooklyn Blvd. Brookdale Shell Service 1505 - 69th Ave. No. Brooklyn Center Shell Service 6245 Brooklyn Blvd. Howe, Inc. 43 21 Xerxes Ave. No. Ralph's Super Service Station 6301 Lyndale Ave. No. Standard Solvent 4906 France Ave. No. Wes' Standard Service 6044 Brooklyn Blvd. "OFF- SALE" NON - INTOXICATING MALT LIQUOR LICENSE Elm Farm Super Market 5930 Earle Brown Drive LaCrosse Dairy Store 5845 Lyndale Ave. No. Red Owl Stores, Inc. 5425 Xerxes Ave. No. -14- 12 -18 -72 SIGN HANGING LICENSE Cragg, Incorporated 822 West Broadway MECHANICAL SYSTEMS LICENSE Cefco 507 North Hoover, Calif. POOL & BILLIARD LICENSE Holiday Inn of B. C. 1501 - 65th Ave. No. PUBLIC DANCE LICENSE Holiday Inn of B. C. 1501 - 65th Ave. No. Voting in favor were: Mayor Cohen, Councilmen Heck, Ausen, Leary, and Britts Voting against: none. Motion passed unanimously. Motion by Councilman Britts, seconded by Councilman Ausen to call a special meeting of the Council on December 19, 1972 at 8:30 p.m. for purposes of dis- cussing and determining various budgetary matters as well as conducting the annual wage adjustment review. Voting in favor were: Mayor Cohen, Councilmen Heck, Ausen, Leary, and Britts. Voting against; - none. Motion passed unanimously. ADJOURNMENT Motion by Councilman Leary, seconded by Councilman Britts to adjourn the meeting. Voting in favor were: Mayor Philip Cohen, Councilmen Heck, Leary, Britts, and Ausen. Voting against: none. Motion passed unanimously. The City Council meeting adjourned at _11:55 p.m. Jerk Mayor -15- 12 -18 -72