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HomeMy WebLinkAbout1971 05-24 CCM Regular Session i I I kflinutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota May 24, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :35 P.M. Roll Call: Mayor Philip Cohen, Councilmen John Leary; Vernon Ausen, Howard Heck and Theodcce Willard. Staff members present were: City Manager Donald Poss, Director of Public Works, James Meriia, Director of Finance, Paul Holmlund, City Attorney., Richard Schieffer,, Police Chief, Tom O'Hehir, Administrative Assistant, Blair Tremere, and Administrative Assistant, Tom Loucks,` Motion by Councilman Ausen and seconded by Councilman Leary to approve the minutes of the April 26, 1971 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none, Motion carried unanimously.$ Motion by Councilman Heck and seconded by Councilman Ausen to approve the minutes of the May 3, 1971 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and -, illarci. Voting against were: none. Motion carried unanimously. Motion by Councilman Leary and seconded by Councilman Willard to approve the minutes of the May 13, 1971 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and - Willard. Voting against were: none. Motion carried unanimously. The City Manager recommended that the Council accept quotations for.. fencing at Willow Inane and Evergreen Parks in the amount of $1,694.00. It was noted that $.1, $00 was appropriated in the 1971 budget for the subject fencing. Member Theodore Vrillard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -99 RESOLUTION ACCEPTING QUOTATIONS FOR FENCING AT WILLOvr IAN= AND EVERGREEN PARKS- 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, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager recommended that the Council accept a bid of $2,990.00 for a two -ton vibrating power roller, It was noted that $3,000 was appropriated in the 1971 budget to purchase the subject equipment. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -100 RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE FOR VIBRATING MV ER ROLLER 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, fl_ The City Manager stated that $2,400 was appropriated in the 1971 budget to purchase cash registers for the Community Cerrter and noted that pursuant to a recommendation by the Finance Director and the Independent Auditor retained by the City it will soon be recommended that a new cash register be purchased for City Hall transactions, with the old City Hall machine to be transferred to the Community Center concession stand. It was recommended that a resolution authorizing the purchase of a cash register in the amount of $2,676.65 for use in the Community Center office be adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -101 RESOLUTION TO AUTHORIZE THE PURCHASE OF A CASH REGISTER_ 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, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The City Manager next recommended a resolution authorizing agreement for traffic signal installation at T.H. 100 and County Road No, 10. He stated that under the terms of the installation agreement the State, County, and City will share an estimated $63,600 cost with the City of Brooklyn Center's estimated share amounting to $15,900 to be paid out of State Aid Funds. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -102 RESOLUTION PERTAINING TO MINNESOTA HIGHWAY DEPARTMENT AGREEMENT NO. REGARDING TRAFFIC SIGNAL INSTALLATION G GARD AT T.H. 100 IIITERCHANGE vv ITH C. S.A.H.-NO. 10 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, verrm Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. It was next explained to be desirable to amend Resolutions Nov 71 -92 and 71 -97 to expand the scope of Project No. 1971 -10 to provide for extension 1f,* of water main across the parking lot of the proposed Cinema I, Ii, and III Theater. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION PTO. 71 -103 RESOLUTION AMENDING RESOLUTIONS NO. 71 -92 AND 71 -97 ADOPTED MAY 3, 1971 PERTAINING TO WATER MAIN IMPROVEMENT PROJECT NO, 1971• -10 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, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted, Member Theodore 't ,Tillard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -104 RESOLUTION ORDERING CONSTRUCTION OF ` IATER MAIN IMPROVE- MENT PROTECT NO. 1Q71 -10 ..2.. 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, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none,, whereupon said resolution was declared duly passed and adopted, Member ]John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -105 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM CONTRACT 1971 -B) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: .Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The City Manager next reviewed Planning Commission Application No, 70012 indicating that the matter was reviewed by the Planning Commission on April 2, 1970 which subsequently recommended approval of the site and building plan concept. The matter was reviewed by the City Council on April 13, 1970, the official action of the Council at that time being to approve the site and building plan concept and to direct the City Manager to develop and recommend methods of resolving inconsistency and conflicts between the � and the subject sub j proposal ro osal sent ordinance structure. The City Manager stated that he believed the technical conflicts of the condominium concept with certain provisions of the zoning and platting ordinance could be resolved, He then went on to describe a recommended approach to handling the proposed condominium development. The approach would consist of reviewing and approving a development master plan which could consist of any number of sequential development phases, Each development phase of the master plan would be reviewed, compared to the master plan, and specifically approved for site and building plans, As succeeding development phases are reviewed and approved by the Planning Commission and City Council, the master plan would be reviewed and adjusted as determined desirable and necessary. A discussion ensued regarding the desirability of referring Application No, 70012 back to the Planning Commission for a fresh review and recommendation. It was the consensus of the Council that the lengthy time interval plus minor modifications to the proposal would justify referral back to the Planning Commission. Councilman Heck suggested that the City Attorney be prepared to review the provisions of the Minnesota Condominium Law with Commission members, A motion was made by Councilman Heck and seconded by Councilman Leary to refer Planning Commission Application No. 70012 to the Planning Commission for review and recommendation. Voting in favor were: Mayor W illa rd. a ainst were: Cohen Councilmen Leary,, Ausen He k and ill rd Voti Heck g g none. Motion carried unanimously, The City Manager commented that An Ordinance Regulating the Operation and Maintenance of Nursing Homes and Boarding Care Homes, Requiring a License to Operate such a Facility, and Establishing Standards for the Construction of Such Facilities was first read on April 5, 1971 and published on April 20, 1971 is offered for second reading and adoption, Mayor Cohen then briefly commented relative to the staff research, review by the Planning Commission,, Council and other interested parties, and the basic Intent of the ordinance being proposed for second reading, He then noted that Mr, C. P. Thompson, owner- administrator of the New Rope Nursing Home who had aided in the review during the drafting of the ordinance.. was in the audience and asked Mr. Thompson if he had any comment, Mr. Thompson commented to -3- the effect that the ordinance being proposed for adoption by the City recognizes the needs for high standards for the health and welfare of nursing home residents. He further commented to the effect that the City was compelled to propose such a regulation because of the inadequacy of the existing state regulations and the inconsistent and infrequency of inspection of nursing home facilities by the State Board of Health, The City Manager related the unsuccessful efforts of the Nursing Home' Association and the State Health Department to scuttle the subject ordinance by a bill introduced in the State Legislature, Member Theodore Willard introduced the following ordinance and further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council, the text of the ordinance shall be attached to the minutes and be a part thereof: ORDINANCE NO. 71 -6 AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF NURSING HOPaS AND BOARDING CARE HOMES, REQUIRING A LICENSE TO OPERATE SUCH FACILITY, AND ESTABLISHING STANDARDS FOR THE OD NSTR.UCTION OF SUCH FACILITIES 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, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted, The City Manager next reviewed Planning Commission Applications No, 70046 and 70048 indicating that the applicant is requesting rezoning from R -5 to C -2 and site and building plan approval for a convenience center to be located at 5801 Major Avenue North, It was noted that the application was reviewed by the Planning Commission on September 3, 1970 and forwarded with a recommendation for approval and subsequently reviewed by the City Council on September 14, °1970, October 19, 1970 and November 9, 1970, It was indicated that the most recent action of the Council (November 9, 1970) was to table the application indefinitely, instructing the staff to schedule a joint Planning Commission and City Council meeting to discuss the general concept of neighborhood convenience facilities, The Planning Commission and Council had met on May 13, 1971 to discuss the concept and the applicant is now requesting Council disposition of the pending application, A discussion ensued regarding the "spot zoning" characteristics of the proposal, Mr, Charles VanEeckhout, representing the applicant, stated his opinion that "spot zoning" defies definition but that certain other recent rezoning actions taken by the City Council could be termed "spot zoning" if Application No, 70048 were so termed. He contended that it would be unlikely, if not impossible, that any other proposal would be identical to the subject proposal and thus, any apprehensions of establishing precedent should be diminished. Councilman Willard stated that the proposal would in his view constitute "spot zoning" and would set an undesirable precedent for the future. He then requested the City Attorney to review the legal criteria relative to "spot zoning ". The City Attqgney briefly discussed the matter and referred Council members to his recent memorandum in which he spelled out "spot zoning" criteria in some detail, Individual Councilmen offered their opinions of the elements comtltuting "spot zoring", The applicant suggested the possibility of deed restrictions upon the property for the purpose of specifically limiting the use of the property to a convenience center. Councilman Willard commented that imposition of a deed restriction could be classified as conditional zoning and the City Attorney commented that deed restrictions are not a good zoning control because such restrictions must have a termination date, -4- The applicant then exhibited a map illustrating existing convenience center locations and their estimated sphere of influence within the community. He suggested that in all probability there would be but one or two more successful convenience centers in the City, including his proposed location, and suggested that the sphere of influence concept may constitute a reasonable basis upon which to grant the rezoning. He also commented that the Comprehensive Plan reco a need for c onvenience center in the comm u nity. og c s The City Manager stated that the merits of the subject application represent a classic challenge of the purist zoning concept in which relatively large exclusionary zcrdng districts are designated according to the best land use principles. He suggested that in order to avoid the "spot zoning" stigma it would seem reasonable that an evaluation of the community desires for neighborhood convenience centers be determined through public hearings, and if affirmative, that the neighborhood convenience center concept be embodied in the Comprehensive Plan and that standards be developed to implement the concept. Mayor Cohen offered his opinion in favor of neighborhood convenience facilities but stated that the City Council does not have the appropriate tools to implement the concept and the refore recommended that the matter be referred to the Planning Commission for study and recommendation. A motion was made by Councilman Leary and seconded by Councilman Heck to direct the City Manager to prepare a resolution denying Planning Commissior Application No. 70048, citing the reasons offered during the discussion of the matter, including the following points: 1. The Comprehensive Plan and the existing Zoning Ordinance does not adequately recognize and allow for the neighborhood convenience concept. 2. The subject properly is extremely isolated from other commercial development and as such would constitute "spot zoning ". 3. Approval of Application No. 70048 would establish an undesirable precedent throughout the community and further, would encourage strip commercial development of similar vacant properties located in the vicinity along County Road 10 west of Brooklyn Boulevard. I 4, The City Council recognizes a potential need and desire for convenience center facilities within the community and does intend to examine the extent of such need as well as possible procedures I� to implement such concept. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Vifillard. Voting against were: none„ Motion carried unanimously. Motion was made by Councilman Learn and seconded by Councilman Ausen to table Planning Commission Application No. 70046 until June 14, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. The meeting recessed at 9:24 P. M. and resumed at 9:40 P. M. The City Manager reviewed Planning Commission Application No. 70067 submitted by Village Builders, Inc requesting site and building plan approval for a 36 -unit apartment building to be located at 53rd and Russell Avenues North including one density credit subject to the provisions of Chapter 35 401.0 of the Zoning Ordinance, Councilman Ausen questioned the density credit element, suggesting that the developer should be made financially responsible for maintaining that area to be dedicated for open space purposes. A discussion ensued regarding the intent of the Park and Recreation Commission in recommending that the entire subject parcel not be acquired for park purposes. -5- Upon completing the review and d3.scuss:bnof the site and building plans, a motion was made by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 70067 subject to the following conditions: 1. That blue spruce be substituted for birch clumps in the pool area; Z. That the applicant substitute honeysuckle bushes, a minimum of 48 inches in height, at the periphery of the parking areas on the north and south lines of the property; 3. That the northwest and southwest corners of the proposed building be located a minimum of 10 feet from the driveway areas; 4. That one density credit be granted on the basis that: a. The proposed open space dedication is needed to extend the Shingle Creek greenstrip concept; b. The property owner has stated a willingness to convey 1, 06 acres for said open space purpose; c. The physical relatioship between the proposed R -4 buildings and the proposed open space areas and the physical relationship among the proposed R -4 buildings themselves will afford to the occupants thereof a reasonable measure of visual relief from the mass and bulk of buildings in the development; d. The physical relationship between the proposed buildings and the proposed open space combined with the immediate proximity of land the park will afford the occupants thereof a recreational open space area; S. Building plans are subject to the approval of the Building Inspector with respect the applicable building codes; 6. Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 7. A performance agreement and performance bond (n 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, Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Willard. Voting against: Councilman Ausen. Motion carried. The City manager commented that Application No. 71009 submitted by MIAG North - American Corp. is requesting site and building plan approval for a proposed 1, 950 square foot addition and site improvements on a parcel located at 3515 - 48th Avenue North. He reviewed the application and noted, that the Planning Commission had forwarded it and recommended approval on May 6, 1971. Discussion of the proposal ensued during which Councilman Ausen questioned why the site and building plans did not provide an underground irrigation system and an internal fire sprinkling system pursuant to ordinance requirements„ The City Manager responded that the ordinance requirements have been interpreted to apply primarily to new developments and that it has not been the practice to apply such requirements to structural additions which are incidental-to an existing business. It was suggested that such procedures would be followed until such time as specific Council policy and criteria were developed. It was noted for the record by consensus of the Council that the ordinance requirements for an underground irrigation system and for an internal fire sprinkling system have not been applied to Planning Commission Application No. 71009 because the proposed addition is incidental to the existing business structure. -6- i Councilman vv illard left the table at 9:45 P.M. I A motion was made by Councilman Ausen and seconded by Councilman Leary to approve Planning Commission Application No. 71009 subject to the follow- ing conditions: 1. Building codes are subject to the approval of the Building Inspector with respect to applicable building codes; 2. Utility, drains,, and elevation of plans are subject to the approval of the City Engineer prior to the issuance of a 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 as designated on the plans submitted, Voting in favor were: Mayor Cohen, Councilmen Leary,, Heck and Ausen. Votlilg . against were: none. Motion carried unanimously. Councilman Willard returned to the table at 9:50 P.M. The City iV anger next reviewed Planning Commission Application No. 71011 submitted by Dayton's Department Store requests site and building plan approval for a 5400 square foot garden store to be located at Brookdale Shopping Center, east of the Perimeter Road and adjacent to the roadway connecting the ABC Theatre and Dayton's Department Store parking area. Following review of the site plan and building plans, a motion was made by Councilman Willard and seconded by Councilman Leary to approve Planning Commission Application No. 71011 subject to the following conditions: - 1. That the proposed building adhere to a 3S -foot yard setback; 2, That the trees to be on thesite be at least 3 inches in diameter four feet above the ground line; 3, That the southeast and east area of the parcel be planted with additional trees or shrubs; 4. That approval of the site plan depicting an outdoor sales area is not intended to relieve the applicant from obtaining administrative permits relative to existing ordinance requirements for outdoor sales and display of merchandise; 5, Building plans are subject to approval of the Building Inspector with respect to applicable building codes; 6. Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 7. 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. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Neck and Willard. Voting against were: none. Motion carried unanimously, The City Manager commented that Planning Commission Application No. 71012 submitted by Estelle Filkins represents a request for a variance from Section 15- 104,A(1) which requires that the platting procedure be followed in dividing any tract of land into two or more lots or parcels. He stated that it has been normal procedure in the past to grant such variances and permit subdivisions by metes and bounds description where such property subdivisions do not exceed three lots or parcels in extent.. -7- A motion was made by Councilman Leary and Seconded by Councilman Willard to approve Planning Commission Application No. 71012. Voting in favor were Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none, Motion carried unanimously, i The City Manager next reviewed Planning Commission Application No. 71013 submitted by Eugene Graham requesting a two foot six inch side yard variance for an existing partially remodeled garage and breezeway that is being converted into a living area. Following a brief discussion a motion was made by Councilman Willard and seconded by Councilman Ausen to approve Planning Commission Application No 71013. Voting in favor were Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously, The City Manager reviewed Planning Commission Application No, 71014 submitted by Dunn Machine and Repair, Inc, requesting six foot side yard variance to allow construction of an addition within four feet of the west property line to an existing building located at 3615 - 50th Avenue North. Following a brief discussion a motion was made by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 71014 because: (l) The variance represents an incidental extension of an existing variance; (2) That a hardship exists because of the shape of the lot and property lines which do not run coincident with the existing building. Voting in favor we Councilmen Leary,, Heck and Willard. ti f re. Mahon Cohen Cou calm , 9 air Cohen,, Voting against were: none, Motion carried unanimously. A review was conducted of Planning Commission Application No. 71015 submitted by Dunn Machine and Repair, Inc. requesting site and building plan approval for a 3100 square foot addition to be added to an existing 6000 square foot buidling. Following a brief discussion a motion was made by Councilman Leary and seconded by Councilman Willard to approve Planning Commission Application No. 71015 subject to following_ conditions: 11 That shrubs or a hedge be planted in an area north of the existing buildings; 2, That building plans are subject to the approval of the building inspector with respect to applicable building codes; 3. Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to issuance of a building permit; 4 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. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Vuillard. Voting against were: none. Motion carried unanimously. A motion was made by Councilman Leary and seconded by Councilman Heck to grant final approval to a plat to be known as Morningsides Estates 2nd Addition providing usual subdivision bond requirements are adhered to. Voting in favor were: Mayor Cohen, Councimen Leary, Ausen, Heck and Willard. Voting against were: none, Motion carried unanimously. _ -8- Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -106 RESOLUTION ESTABLISHING AN OPEN SPACE LAND ACQUISITION FUND AND APPROPRIATING MONIES FOR THE ACQUISITION OF OPEN SPACE IAND 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, Vernon Ausen, Howard Heck and Theodore 'Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Mayor Cohen turned the gavel over to Mayor Pro -tem Howard Heck at 11 :10 P.M. The City Manager discussed a proposed resolution establishing a 1971 Investment Trust Fund interest rate. Mayor Cohen returned at 11 :14 P. M. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -107 RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF ROOKLLYN P E ER The motion for the adoption of the foregoing resolution was duly seconded by member John Leary and upon vote being Wken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Howard Heck, Theodore 'Willard and Vernon Ausen, and the following voted against the same: none, whereupon said resolution was duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -108 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Theodore yV -rillard and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Howard Heck, Theodore Willard and Vernon Ausen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following ordinance and moved its adoption: - ORDINANCE NO. 71 -7 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES w9w i THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDA119 AS FOLLOW g: Section 1: Chapter 23 of the City Ordinances is hereby amended by the repeal of the following: (AN ORDINANCE RELATING TO LICENSES AND REGULATE PUBLIC DANCE HALLS AND PUBLIC DANCING IN THE VILLAGE OF BROOKLYN CENTER, STATE OF MINNESOTA) (Section 23 -301. LICENSE REQUIRED. No public dancing shall be carried on or permitted in any dance hall or in any building in which public dancing is carried on or permitted in the Village of Brooklyn Center, except after first having obtained a license therefor from the Village Council of the Village of Brooklyn Center, State of Minnesota.) (Sect= 23 -302,, FEES WHERE LIQUOR IS SOLD. The fee for such Licenses for dancin g Y at or in an Beer Parlor or in or at any premises which are legally licensed to sell, serve, or consume non - intoxicating 1Vialt Liquors shall be Twenty -five ($25.00) Dollars per month, payable to the Village Council, Village of Brooklyn Center, every thirty days in advance.) ( Section 23 -303. OTHER FEES. The Village Council of the Village of Brooklyn Center, State of Minnesota, shall be and is hereby granted authority to set a reasonable fee for the licensing of public at all other public dance halls or in or at any building in which public dancing is carried on or permitted except as otherwise specified herein.) ( Section 23 -304. REVOCATION. The Village Council of Brooklyn Center, State of Minnesota, shall be and is hereby granted authority to revoke the license of any dance hall or place in which public dancing is carried on or any dance hall or place in which public dancing is carried on or permitted whenever in the opinion of the majority of the members of the Village Council of the Village of Brooklyn Center, State of Minnesota, such premises are not being conducted or managed in a decent, orderly manner.) Section 2: Chapter 23 of the City Ordinances is hereby amended by the addition of the following: AN ORDINANCE RELATING TO LICENSING OF CERTAIN PUBLIC DANCING IN THE CITY OF BROOKLYN CENTER, MINNESOTA Sgction 23 -301, LICENSE„REQUIRED. No person shall conduct or Permit public dancing_ in any - public establish - went within which intoxicating liquor ornon-intoxicating malt liquor is licensed to be sold or consumed unless a public dance license shall have been issued by the City Council. Licenses shall be issued for one a) year periods expiring December 31. The annual fee for a public dance license shall be $25.00. Section 23 -302. L APPLICATIONS FOR LICENSE. ARplications for a Ru= dance license shall be made Jo the CLIZ Clerk upon forms furnished by the City, The application shall include a drawing illustrating the area of the premises to be devoted to dancing a written statement describing the maximum dancers to be accommodated, the hours during which public dancing will conducted, and the intended methods of contro lling sound emissions from the licensed premises. -10- i Section 23 -303. PENALTY. A i1y person violating the provisions of this ordinance shall, upon conviction thereof. be punished W a fine not to exceed Xhree Hundred 300 Dollars and b imprisonment not to exceed ninety (90) days. Section 3: Section 23 -010 of the City Ordinances is hereby amended to reflect the license expiration date and annual license fee contained herein: Fee, annual unless Type of License Rewired by Section License Expires otherwise stated (Dance) (23 -301) (Special) (25.00 /month or as set by Council) Public Dance License 23 -301 December 31 $25.00 Section 4: This ordinance shall become effective after adoption and 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, John Leary, Howard Heck, Theodore Willard and Vernon Ausen; and the following voted against the same: none, <<.rhereupon said ordinance was declared duly passed and adopted. o3ember Howard Heck introduced the following ordinance and moved its adoption: ORDINANCE NO. 71 -8 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO R -1, R -2 AND R -3 ZONING�DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLUA S. Section 1: Section 35 -1110 TvvO FAMILY RESIDENCE DISTRICT (R -2) is hereby amended by the deletion of the following: (Lots 4 & 5, Block 2, Northtown Plaza Addition) Section 2: Section 35 -1120 MULTIPLE FAMILY RESIDENCE DISTRICT (R -3) is hereby amended by the addition of the following: Lots 4 and S. Block 2. Northtown Plaza l st Addition, Lots 1 through 7, Block 4. H. Smilden's Addition. Section 3: This ordinance shall become effective after adoption and 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, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Councilman Heck and seconded by Councilman Leary to release a performance bond in the amount of $10,000 for the Four Courts Apartments at Northway Drive and Xerxes Avenue North. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and - Villard, Voting against were: none, Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -109 RESOLUTION ACKNON f LEDGING GIFT -ll� 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: „ RESOLUTION NO, 71 -110 RESOLUTION ACCEPTING MOVER`S QUOTATIONS 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Heck and seconded by Councilman Willard to approve the following licenses: , Bingo License Brooklyn Center Jaycees 6019 Halifax Ave. No. Cigarette License R.E. Fritz 8039 Lewis Road B & H Vending 7725 Georgia Ave. No, Gas Piping License Royalton Heating 4626 Lyndale Ave. No. Geo, Sedgwick Heating Co. 1001 Xenia Ave. Standard Heating & Air Cond, - 410 West Lake St, Fred Vogt & Co. 3260.iGorham Ave. Heating and Aix Conditioning License Deluxe Plumbing & Heating 9200 Stevens Ave. So. T. D. Gustafson 5820 Cedar Ave. So, Standard Heating & Air Cond, 410 west Lake Street Suburban Air Conditioning Co. 841 %enter Drive Thompson Air Conditioning 5115 Hanson Court Fred Vogt & Co. 3260 Gorham Ave. Itinerant Food Establishment Brooklyn Center Jaycees 6019 Halifax Ave. No. Sign Hanger's License Paulko Sign Co, 6316 - 71st Ave. No. Well Drilling License Malenke well Company 9580 Quaker Lane Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Councilman Willard commented that in recent months and weeks he had been disturbed with the lack of effort on the part of the owners of Brookdale Gardens aprtment complex located at 53rd Avenue North to complete their site improvements as required by their bond. He commented that the City has been holding the performance bond for four years and that the owners of the buildings have had adequate time to meet the requirements of the $25, 000 bond and noted that he felt it was time for the City to act to remedy the situation as it exists, -12- A motion was then made by Councilman Willard and seconded by Councilman Heck to direct the City Manager to preapre a draft resolution establish- ing a deadline for completing the bonded obligations and ordering foreclosure of the bond thereafter. Voting in favor were: Manor Cohen, Councilmen Leary, Ausen.. Heck and Willard. Voting against were: none. Motion carried unanimously. Councilman Ausen described to the City Council his interest in providing that the Planning Commission, sitting as a Board of Adjustments and Appeals be authorized to take final action on all variance applications, subject to appeal to the City Council by the applicant or by the City Manager. He stated that a Charter amendment would have to be enacted in order to permit such procedure and indicated his intention to propose such an amendment before the Charter Commission.. Councilman Ausen then brought up matters relative to recent Park and Recreation recommendations, evolving to the proposal that City department heads be available at City Council meetings to make presentations, to the Council. The next item of business was discussion of the Brooklyn Center Bus internal circulators. Councilman Willard commented relative to the progress of the proposed internal bus circulator and indicated that the matter was going to be considered. by the Metropolitan Transit Commission on Tune 2, 1971. He noted that it appeared -that the Transit Commission would provide up to $2500.00 to subsidize 50% orb potential loss of the circulator and suggested that perhaps the Council should indicate its intent to do the same. Following a brief discussion, a motion was made by Councilman Willard and seconded by Councilman Leary to authorize the transfer of $ 2500.00 from the Mayor and Council Contingency Account to the Mayor and Council Professional and Consulting Fees Account to provide for the operation of an internal bus circulator for a period up to six (6) months. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against were: none. Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Leary to adjourn the meeting. 'Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 1:15 A.M. k Mayor -13- CITY OF BROOKLYN CENTER ORDINANCE NO. 71 -6 Y AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF NURSING HOMES AND BOARDING CARE HOMES, REQUIRING A LICENSE TO OPERATE SUCH FACILITY, AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF SUCH FACILITIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 23 of the City Ordinances is hereby amended by the addition of the following: Section 23 -1400. STATEMENT OF POLICY. The City Council deems it necessary to - the welfare of the community that nursing homes and boarding care homes be regulated and licensed locally to p romote' the highest levels of environment, healthcare, and safety and to preserve the dignity, of resident- patients thereof. It is the intention of this ordinance to supplement the Minnesota Regulations for Nursing -Homes and Boarding Care Homes. Section 23- 1401 ADOPTION OF MINNESOTA BOARD OF HEALTH REGULATIONS FOR NURSING HOMES AND BOARDING CARE HOMES. These documents, 3 copies of which are on file in the office of the City Clerk, being t identified as Sections 10551 through 10619 of Article V (1963) edition of the Minneso Department of Health Regulations for Nursing Homes and Boarding Care Homes are , hereby adopted by reference and all terms of said regulations are made a part of this_ . ordinance as if fully set forth herein. Section 23 -1402. ADOPTION OF MINNESOTA FIRE SAFETY CODE FOR NURSING HOMES AND BOARDING CARE HOMES. Those documents, 3 copies of which are on file in the office of the City Clerk; beir)( identified as Article I Chapter 3 Title IV of the State Fire Code entitled "Fire Safet Code for Nursing Homes and Boarding Care Homes" 1959 edition, are hereby adopted by reference and all terms of said code are made a part of this ordinance as if fully set forth herein. Section 23- 1403. LICENSE REQUIRED. It shall be unlawful for any person, partnership, association, or corporation to conduct, operate or maintain or permit to be conducted, operated or maintained or to participate in the conduct, maintenance, or operation of a nursing home or a boarding care home within Brooklyn Center unless the City Council has issued a valid license therefor which is in full force and effect. Section 23 -1404. APPLICATION FOR LICENSE. Application for a license hereunder shall be submitted to the City Council through the City Clerk in such form and manner as the City Clerk may prescribe. Ordinance No. 71 -6 Section 23 -1405. INVESTIGATION ON RECEIPT OF APPLICATION. Upon receipt of an application for a license hereunder, the City Manager shall seek to verify the information submitted in the application and cause an invests -- gation to be made of the applicant's background and experience, including a review of any other such facilities developed or operated by the applicant in the State of Minnesota. Section 23 -1406. ISSUANCE OF LICENSE. The City Council may issue a license to operate a nursing home or a boarding care home to an applicant who possesses a valid license issued by the Minnesota Health Department and who demonstrates potential ability to adequately operate a nursing home or boarding care home and who is or will be adequately equipped to conduct, operate and maintain facilities that conform to the requirements of this ordinance The license when issued, shall designate the maximum number of resident- patients to be accommodated within the nursing home or boarding care home and this maximum shall at no time be exceeded. Licenses shall not be trans- ferable either as to place or person. Section 23 -1407. LICENSE EXPIRATION AND'RENEWAL. _ All licenses issued under this ordinance shall expire on December 31 of each year. License renewal applications shall be filed with the City Clerk prior to , December l st of each year. Section 23 -1408. LICENSE FEES. The 'fee for a nursing home or boarding care home license shall be $35.00 per year for those with less than 50 beds and $50.00 per year for those with 50 or more bed s. Section 23 -1409. RESIDENT RECORDS REQUIRED Every licensee hereunder shall provide and maintain a record setting forth the following facts concerning each resident - patient received, cared for, or accommodated: Name, last previous address; age; date of admission;. next of kin; name and address of the person responsible for the care and maintenance;, name of re sident - patient's attending physician; all written or verbal orders of the re sident - patient's attending physician and the date on which such orders were given; date of discharge or death; cause of death. Section 23 -1410. RECORD OF EMPLOYEES. Every licensee shall maintain a continuous record setting forth the followings facts concerning each nurse, attendant or other employee: Name; age; date emplov- ment began in the licensed nursing home or boarding care home; 'present and last previous address; name and address of employers during the preceding five year i period; position and duties; if employed as a nurse, date and number of State regis tration; date employment terminated; reason for termination. Such record shall be open to inspection by the City Manager or his representative. Ordinance No. 71 -6 Section 23 -1411. LICENSE REVOCATION. Following reasonable written notice and opportunity for a licensee to appear before the City Council to be heard the City Council may revoke or suspend an license issued hereunder if it is determined: that the licensee has failed to comply with the requirements of this ordinance; that the licensee has faile to comply with the requirements of other applicable city ordinances; that the l icensee perpetrated fraud or misrepresentation in obtaining the license or in keeping the required records; that the licensee engages in, or permits, conducts or practices detrimental to the welfare of the resident - patients Upon suspension or revo cation ft of a license, it shall be unlawful for the license e to thereafter accept t new resident patients until such time as the license may be restored Libense revocation or sus pension may be invoked in addition to any other penalties provided by law. Section 23 -1412. ADMINISTRATION AND ENFORCEMENT. The terms and rovisions of this ordinance shall be administered and p _ enforced by the City Manager and those he authorizes as his representatives. Section 23 -1413 STANDARDS OF CONSTRUCTION, OPERATIONS, AND MAINTENANCE. Subdivision 1. Location and Site A Nursing care and boarding care homes must be located in appropriate zoning districts as comprehended by Chapter 35 of the City Ordinances. B. Nursing homes and boarding care homes located in R -2 R -4 or R -5 zoning districts must conform to relevant pro- visions of Chapter 35 of the City Ordinances.and to subdivisions 1 through 5 of Section 35 -410 of the City Ordinance s. C Nursing homes and boarding care homes located in C -1 or C -la zoning districts must conform to relevant provisions of Chapter 35 of the City Ordinances and subdivisions 1 through 5 of Section 35 -411 of the City Ordinances. r nursing homes and boarding D Site landscaping fo ur e la p g g g care homes shall include 6 inch diameter or larger trees (as measured 4 feet above the ground line) to the extent of one such tree for each fourteen beds or portion thereof. Tree species shall be long -lived hardwood Six inch and larger trees existing. on the site may be credited toward this requirement. E Nursing home and boarding care home site density shall not exceed 50 beds per acre. Ordinance No. 71 -6 (Section 23-1413 continued) F Nurs:i ncr home and boarding care home site open space shall ' be provided and developed in a manner so as to enco urage the safe and secure use by resident- patients of the f Subdivision 2. Required Characteristics of the Physic Plant A. Resident- Patient Use Areas (1) Resident- patient rooms. a. At least 85% of resident - patient beds sh be in rooms containing no more than two beds P er room. Any other resident - patient beds sh be in rooms containing four beds per room. b. The minimum resident - patient room area exclusive of closets. toilet rooms, lockers, wardrobes etc. shall be 100 square feet per bed. c. The minimum window area in a resident - patient ro shall be 15 square feet per bed, with the sills not more than 2 feet 6 inches above the floor. d. A privacy device (cubicle curtain or equivalent) shall be provided for each bed in a resident - patient roo • e. An electrical call system signaling device sh all be provided conveniently at each bed to summon attendants. (2) Resident - patient toilet and bathroom faciliti a. At least one toilet room shall be provided for each four beds, Toilet rooms shall be directly acces from each resident- patient room without going t hrough a_general corridor. b. Doors to resident - patient toilet rooms shall be a _minimum of three feet wide to permit maneuvering of wheel chairs. c. Resident- patient water closets must have gr bars and _m ust be conveniently usable by wheel chair resident - patien d. Non -skid floor surfaces shall be provided. e. An emergency call system signaling device sh all be _conveniently located in each resident - patient: toilet and bathroom. f. A central shower or a freestanding tub (the s ides of _which are not coincident to a wall) shall be pro vided for each twenty resident- patient beds. (3) Day -room lounges, a. Resident - patient day -room lounge space sh all be provided remote from main entrances to the building and on each floor of the facility to the exte of 20 square feet per resident - patient bed on the r espective floor. Ordinance No. 71 -6 C. (continued) (2) c A laundry processing room containing commercial -type equipment shall be provided unless laundry is processed outside the facility. d The design layout must discourage mingling of soiled and clean items through all stages of processing. (3) Maintenance and housekeeping facilities. a Space shall be provided on each floor of the facility fora ventilated v ntil ted i anitor s closet. b janitor's closets shall contain a service sink with hot and cold water. c A refuse room shall be provided convenient to the service entrance. (4) General storage. a A minimum of 10 square feet of floor area per bed shall be provided in convenient storage spaces for wheel chairs, walkers, stretchers, resident's personal belongings, extra beds, mattresses and frames, facilities maintenance equipment, etc._ D. Administration Area s. (1) A business office area shall be provided for record maintenance and storage and for central administration of the facility. (2) . A lobby area shall be provided for the reception of visitors (separate from resident - patients' day -room) and shall include adjacent public toilets. (3) Employee locker rooms shall be provided for storage of employee personal effects and shall include toilet and hand washing facilities. E. Connecting Passageways. (1) Corridors. a Corridors used by resident - patients shall be at least eight feet wide. b. No doors shall swing into a corridor used by resident- patients except corridor closet doors, or fire exit doors. c.. Hand rails with ends turned to the wall shall be provided on both sides of corridors used by resident - patients. There shall be a clear distance of 1 -1/2 inches between hand rails and wall. Ordinance No. 71-6 E. (continued) (1) d. Such items as drinking fountains, telephone b ooth s, and vending machines shall be located such that they do not project into the required width of corrid e Thresholds and floor expansion joint covers sh be flush with the floor (2) Stairways and elevators. a Stairways shall be at least 3 feet 8 inches wide and shall be equipped with hand rails With ends returned to the wall. b Stairway doors shall open on landings, not on s teps. c At least one hospital- elevator (large enough to ac commodate a resident - patient on a stretcher and an attendant) sha be installed where 1 to 59 re sident - patient beds are located on any floor other than the first floor, or where resident patient facilities are located on a floor other than those • containing the resident - patient beds. At least two elevators, one of which shall be hospital -type, sha be installed where 60 to 200 resident- patient beds are l o ca ted on floors other than a first floor. At least three elevators, G one of which shall be hospital -type, shall be installed where 201 to 350 resident-patients are located on floors other than the first floor. (3) Exits. a The distance from resident - patient rooms, or are in which resident - patients may congregate, to the nea rest exit shall not exceed 100 feet. b Exits and exit routes shall be clearly marked wit continuously luminated signs. Subdivision 3. General Requirements. A. fire sprinkler system shall be installed to serve all spa in nursing homes and boarding care homes hereafter erec B Floor covering shall consist of carpeting in resident- patien rooms_, resident -used corridors, day -room lounges, and reception lobby. C Ceilings shall be acoustically treated in resident - patient rooms, corridors, day -room lounges, dining rooms, and reception lobby areas. D Effort should be made in building design and oper ation to provide separate areas for classifications of resident- patients requiring distinctively different levels of care . Ordinance No. -6 Subdivision 3. (continued) E. Interior colors shall be selected which will tend to induce feelings of relaxation and cheerfulness. Monotonous and sterile color schemes shall be avoided. F. An emergency electric generating set shall be located on the premises and shall be designed to automatically provide emergency_ electric power to the essential elements of a nursing home in the event of an interruption of normal electric supply . G. Resident- patient rooms shall have provisions for night lighting as well as general lighting and a bed reading light shall be provided with control conveniently located for the resident - patient. The following minimum lighting shall be provided: . (1) Resident- patient room general 10 foot candles. (2) Resident- patient reading -- 30 foot candles. (3) Toilet and bathing rooms -- 20 foot candles. (4) Day -room lounges -- 30 foot candles. (5) Dining rooms -- 30 foot candles. (6) Physical therapy rooms -- 20 foot candles. (7) Corridors -- 10 foot candles. (8) Stairways -- 20 foot candles. (9) Doorways -- 10 foot candles. (10) Nursing stations -- 20 foot candles. (11) Utility rooms -- 20 foot candles. (12) Administrative and lobby areas -- 30 foot candles. (13) Kitchen -- 30 foot candles. (14) . Laundry rooms -- 30 foot candles. H. A ventilating system shall be so designed and operated such that it removes dust, offensive odors, and excessive heat and moisture. The following minimum values are established: MINIMUM TOTAL AREA AIR CHANGES PER HOUR Resident- patient room 4 Corridors 4 Toilet rooms 10 Bathroom 10 Day -room lounges 6 Dining rooms 6 Physical therapy rooms 6 Nursing station rooms 4 Soiled linen rooms 10 Laundry processing room 10 Kitchen 10 Administration and lobby areas 4 I. Air temperature and humidity within the resident - patient use areas of the facility shall be maintained within a range of 73 degrees fahrenheit to 90 degrees fahrenheit and 20% to 60% relative humidity. Ordinance No. 71 -6 Subdivision 3. (continued)" J. At least one attendant shall be on duty at all times for ev ery ' thirty residents, or fraction thereof, located on each floor of the facility. Section 23 -1414. SEPARABILITY. Every section, provision, or part of this ordinance is declared sep arable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, such holdings shall not inv alidate any other section, provision, or part thereof. Section 23 -1415. SUPREMACY. When any provision of this ordinance is either more stringent or less stringent than similar provisions of Minnesota law or Minnesota Agency reg ulations herein adopted by reference, the more stringent provisions shall prevail. Section 23 -1416. PENALTIES. Whoever does any act or admits to do any act which constitutes a breach of this ordinance shall upon conviction thereof by lawful authority, be punished by a fine not to exceed three hundred dollars ($300 00) and by imprisonmen riot to ' exceed ninety (90) days Each day that a violation exists shall constitute a separate offense. Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 24th day of May _ — 19 zi. Mayor ATTEST : Cler Published in the official newspaper April 29 19 . Effective date May 30, 1971 (Brackets indicate matter to be deleted and underline indicates new matter)