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HomeMy WebLinkAbout1969 01-06 CCM Special Session 189 Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota January 6, 1969 The City Council met in special session and was called to order by Mayor Philip Cohen at 7:36 P. M. Roll Call: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Also present were: D,G. Poss, Paul Holmlund, Charles VanEeckhout, Robert Haarman, Bambridge Peterson, Allen Lindman and Thomas O' Hehir. Motion by John Leary and seconded by Earl Rydberg to approve the minutes of the December 16, 1968 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard. (Howard Heck abstained). Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Theodore Willard to approve the minutes of the December 21, 1968 meeting as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Theodore Willard (Howard Heck abstained). Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Deck to approve the minutes of the December 26, 1968 meeting as submitted. Voting in favor were: Philip Cohen, Earl Rydberg, Howard Heck and Theodore Willard (John Leary abstained). Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to adjourn the meeting of the 1968 Council, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously, City Clerk Allen S. Lindman administered the oath of office to Councilman Theodore Willard. The 1969 City Council was called to order by Mayor Philip Cohen at 7.4 .0P P. M. Roll Cali: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard were present. Motion by Theodore Willard and seconded by John Leary to reappoint Councilman 'Howard Heck as Mayor Pro -tem. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Rydberg to confirm Mayor Cohen's reappointment of Mssrs. Adrian Dorenfeld, Robert Jensen and Robert Grosshans as members of the Planning Commission for terms of two years and the appointment of Mr. Charles Nichols for a term of two years to replace Mr, Helmer Engstrom whose term expired on December 31, 1968. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time Mayor Cohen asked the Councilmen to consider suggestions for appointments to the Park and Recreation Advisory Committee in light of the fact that Mr. Paul Bullen and Mr. Francis Irvin have asked to retire in order that some new people might serve. The Mayor indicated these appointments should be considered at the next Council meeting. Motion by Earl Rydberg and seconded by Howard Heck to confirm Mayor Cohen's reappointment of Allen S. Lindman as Weed Inspector, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. -1- At this time Mayor Cohen directed the staff to prepare a draft i-esolutton 277 providing that Human Rights Commission appointments coincide with the calendar year. Motion by Earl Rydberg and seconded by Theodore Willard to confirm Mmyor'Cohen's appointment of Mr. Vernon Eackes of 3218 - 61st Avenue North as a Human Rights Commission member to replace Mr. Charles Nichols for the balance of the three year term for which Mr. Nichols was appointed in 1968. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to confirm Mayor Cohen's appointment of Mr. Mark Sazama of 3807 Urban Ave. No. as a Human Rights Commission member to replace Mr. Mike Friedman for the balance of a one year term plus a three year term for which Mr. Friedman was appointed in 1968. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Hac}e. and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to confirm Mayor Cohen's appointment of Reverend Roy Lindquist of 6136 North Lilac Drive as Human Rights Commission member to replace Reverend Wendell S. Shiell for the balance of the two year term for which Reverend Shiell was appointed in 1968. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -1 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RAT£ AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken they � P g eon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: I RESOLUTION NO. 69 -2 RESOLUTION DESIGNATING COMMISSIONER AND ALTERNATE CO MMISSI©NER TO SUBURBAN SANITARY ,SEWER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the Game: none, whereupon said resolution was declared curly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -3 RESOLUTIONS DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE HENNEPIN COUNTY LEAGUE OF MUNICIPALITIE The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -2- Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -4 RESOLUTION DESIGNATING DIRECTOR TO THE SUBURBAN SANITARY DISPOSAL AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard; and upon vote being taken thereon the follow voted P n9 � 9 in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -5 RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE METRO SECTION OF THE LEAGUE OF MINNESOTA MUNICIPALITIES 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, Earl Rydberg, 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. 69 -6 RESOLUTION DESIGNATING THE BROOKLYN CENTER STATE BANK A DEPOSITORY OF CITY FUNDS 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, Earl Rydberg., Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -7 RESOLUTION DESIGNATING THE MARQUETTE NATIONAL BANK A DEPOSITORY OF CITY FUNDS 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -8 RESOLUTION DESIGNATING THE FIRST NATIONAL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS -g.. 96T 275 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon' said resolution was declared duly passed and adopted. Motion by Theodore Willard and seconded by john Leary to designate the Brooklyn Center Post as the official newspaper for the City of Brooklyn Center during the year 1969. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were; none. Motion carried unanimously. The Council next considered Planning Commission Application No. 68069 submitted by ABC :North Central Theatres, Inc. requesting a special use permit. Mssrs. George Aurelius, applicant, and Jon Abbott, agent for Dayton Development Co., were present to represent the application. Following a discussion of the application, member Theodore Willard moved and member Earl Rydberg seconded a motion to approve Application No. 68069 requesting a special use permit, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Planning Commission Application No. 68070 also submitted by ABC Norte Central Theatres, Inc. requesting site and building plan approval was next considered by the City Council. The City Manager presented an over -view of the site and building plans and indicated to the Council that building and site plans met City requirements and are recommended for approval by the Council. Discussion of the application, questioning of the applicant and gathering of comments from the staff regarding Joint parking facilities and the easement grant and agreements between the theater company and the Dayton Development Co., traffic into and out of the theatre parking area and; the use of fire sprinkler systems in a building of this type or zoning district. Mr. Aurelius spoke of the installation of fire sprinklers as being of questionable necessity, saying that only one of his 29 theatres in the states of Wisconsin, Minnesota, North Dakota and South Dakota has a sprinkler system, and in that instance it is a part of a shopping center mall and was in- stalled by the landlord, The Mayor stated that the installation of sprinkler systems in commercial and industrial buildings would pay dividends in protecting lives of occupants and firemen: Councilman Heck suggested that the Council was considering "fire districts" within certain zoning classifications such as C -2, all of which would be required to have sprinkler systems. Councilman Willard stated that he could not support requiring a sprinkler system in the theatre. Councilman Leary suggested an ordinance requiring sprinkler systems in C -2 zones may be in order, but he questioned imposing the requirement at this time. Councilman Rydberg suggested the requirement of a sprinkler system in the theatre building would not be proper in the absence of an ordinance requirement. Motion by John Leary and seconded by Howard Heck to direct the City Manager to draft a resolution approving Application No. 68070 and incorporate the following conditions: 1. It is recognized that not all of the parking is contained within the theatre site. 2. The City Council is not at this time approving joint use Parking between the theatre and Brookdale Center. At such time as Brookdale Center proposes to jointly use the parking, specific approval must be sought. -4- 3. The drainage, grading and utility connection plans are subject to approval of the City Engineer, 4. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 5. 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; 6. The land owner shall enter into a water and sewer main and fire hydrant maintenance inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance inspections or repairs that are in the public interest; 7. Sign approval is not granted at this Lima; 8. No lighting is approved at this time. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore lAlillard. Voting against were: none. Motion carried unanimously. Members of the Pclice Patrol Division of the City were introduced to the Mayor and Council and a ,biographical review of each member of the Division was presented to the Council by the City Manager. Following the presentation of individual members by the City Manager, Mayor Cohen addressed the patrolmen. The meeting recessed at 10 :12 P. M. and resumed at 10 :40 P. M. Motion by Theodore Willard and seconded by John Leary to authorize a Christmas tree burning by the Brooklyn Center Jaycees on January 12, 1969 in the vicinity of Palmer Lake and 69th Avenue, west of Shingle Creek. Voting in favor were; Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 68080 submitted by Anoka- Hennepin School District No. 11 requesting a special use permit and approval of site and building plans for an elementary school at 70th and Dupont Avenues North. Mr. Thomas Bergstedt, Administrative Aid to the school district, was present on behalf of the application. The City Manager presented an over -view of the application and site and building plans indicating the applicant has complied with ordinance pro- visions and that the requested special use is consistent with the Comprehensive Plan for the City. Following the questioning of the applicant and the hearing of comments from the Council and staff, a motion was made by Howard Heck and seconded by John Leary to approve Application No. 68080 with the following conditions and stipulations: 1. Utility and drainage plans are subject to the approval of the City Engineer; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A landscaping plan for the site shall be submitted for review and approval within a reasonable period of time; 4. A chain link fence must be installed to separate the north boundary of the school property from the adjacent private properties. -5- 0 Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member john Leary introduced the following ordinance and moved its adoption: ORDINANCE NO. 69 -1 AN ORDINANCE VACATING: A PORTION OF NORTHPORT DRIVE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: That portion of Northport Drive as described below is hereby vacated as a public street: That part of Northport Drive as platted in Northport Park, Hennepin County, Minnesota, described as follows to -wit: Commencing at the southeast corner of Block 1 said Northport Park; thence South 89C West on an assumed bearing along the south line of said Block 1, a distance of 124,38 feet to the actual point of beginning of the g g portion to be described thence continuing South 89 along the westerly extension of the south line of said Block 1, a distance of 139.78 feet; thence on a tangential curve to the right, the radius being 74 feet, a distance of 21.47 feet to its intersection with the westerly right of way line of said Northport Drive; thence northwesterly along said right of way line, a distance of 96.86 feet cho bearing being North 34 West; thence North 1 West a distance of 307.96 feet; thence on a tangential curve to the right the radius being 206.87 feet to its intersection with the easterly right of way line of a foresail Northport Drive; thence southeasterly along said easterly right of way line to the point of beginning. Section 2: This ordinance shall be effective after adoption and thirty tug's following its legal publication. Adopted this 6th day of January, 1969. The motion for the adoption of the foregoing ordinance was duly seconded by member Earl Rydberg, and upon vote being taken thereon.., the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Theodore Willard introduced the following ordinance and moved its adoption: ORDINANCE NO. 69 -2 ORDINANCE AUTHORIZING CONVEYING REAL ESTATE FROM CITY OF BROOKLYN CENTER TO ANOKA- HE NNE PIN SCHOOL DISTRICT NO 11 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: PREAMBLE. WHEREAS, Anoka- Hennepin School District No. 11 has stated a desire to acquire certain Brooklyn Center owned property described below for an elementary school site; and WHEREAS, i is determined to be in the best interests of those Brooklyn Center citizens residlnj_ in District No. 11 to have the benefits of an elementary school conveniently located in their area; and WHEREAS, it is determined that certain Brooklyn Center owned property described below is no longer needed for municipal purpos and WHEREAS independent appraisals of the" rrent market value of the property were secured, It is therefore determined to proceed, consistent with Section 12. OS of the City Charter, as follows: Section 2: That City of Brooklyn Center owned property d_ escribed as That part of Lot 50, Auditor's Subdivision No. 309 in Hennepin C_ r ouprz Minnesota described as follows: Beginning at a point on the North line of said Lot 50,, said point being 33 feet East of the Northwest corner thereof; thence South and parallel with the 'Nest line of said Lot 50 a distance of 528.5 feet; thence East and parallel with the North line of said Lot 50 a distance of 98.1 feet; thence South and parallel with the West line of said L ot 50 a distance of 101.5 feet; thence East and 2Mllel to the N orth line of said Lot 50 a distance of 493.4 feet to a point 30 feet West of the East line of said Lot 50r thence North and parallel to sai Ealine a distance of 378.65 feet; thence deflect left in a Northwesterly direction on a curve having a radius of 757.33 feet a nd a central angle of 19 a distance of 256.53 feet to a point on the North line of said Lot 50, said point beinathe Sout corner of Lot 7, Block 4,_ Northland Estates; thence West on the North line of said Lot 50 a distance of 546.26 feet topoint of beginning. m ay be conveyed in fee title to the Anoka-Hennepin Inds2endent School District No. 11_, State of Minnesota, „.in consideration of a s um of not less than $50,000, provided that the City of Brooklyn Center shall pay those special assessments assi ned against the above described 2roperty as of the effective date of this ordinance. A Purchase agreement shall be drawn and executed . b y both parties, setting -forth the financial terms as prescribed by this ordinance, and further setting forth such other reasonable terms as may be mutually acreed between the parties. Section 3: This ordinance shall become effective after adoption and thirty days following, its legal publication. Adopted this 6th day of January, 1969. 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordineacc- was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -9 RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT NO, 1969 -58 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Earl: Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -10 RESOLUTION LUTION EST BLISHTNG STORM SEWER IMPROVEMENT PROJECT NO. 1969 -59 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS -7- 803 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, Earl Rydberg, Howard Heck and Theodore 'A rillard; 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. 69 -11 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1969 -60, SANITARY SEWER IMPROVEMENT PROJECT NO. 1969 -61, STORM SEWER IMPROVEMENT PROJECT NO. 1969 -62, AND STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -63, AND ORDERING PREPARATION OF PLANS AIM SPE CIFICATIONS 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -12 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1.969 -64 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -65 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, 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 inroduced the following resolution and moved its adoption: RESOLUTION NO. 69 -13 RESOLUTION ESTABLISHING STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -67, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -14 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1969 -18 AND PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -19, AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT NO. 1- The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. 833 -8- Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -15 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER 1V�AIN IMPROVEMENT PROJECT NO. 1969-20 AND STREET SURFACING I MPROVEMENT PRO CT NO. 1969 -21 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, Earl Rydberg, 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. 69 -16 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1969 -22 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -23 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, Earl Rydberg, Howard Heck and Theodore 'Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -17 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1969 -26 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -27 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, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolu- tion was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -18 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1969 -30 AND STREET SURFACING IMPROVEMENT PROTECT NO. 1969 -31 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, Earl Rydberg, 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. 69 -19 -9- 893 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1969 -64 AND PROPOSED STREET SURFACING IMPROVEMENT PROJECT NO. 1969 -65, AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVEMENT NO. 1960 -1 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. At this time the Council discussed the 1969 improvement hearing policies with specific attention to the City Engineer's proposal to lump costs of all street surfacing projects in the southeast corner of the City and calculate a uniform rate of assessment. It was the unanimous consensus of the Council to authorize the proposal. Another matter related to the City Engineer's proposal o es ty g po t st h a P driveway paving policy related to street surfacing projects. It is intended that all.drtveways will be paved with asphalt between the street gutter and the property line unless inplace concrete can be salvaged, that the cost of the first 1.5 feet of driveway will be included in the total project cost, that the remainder of the driveway cost will be assessed against the property unless an inplace driveway was removed because of street grade changes. It was the unanimous consensus of the Council to authorize the proposal. The staff was directed to develop a policy resolution on these concepts. At this point Planning Commission members Robert Jensen, Robert Grosshans, Vernon Ausen and Henry Bogucki were recognized by the City Council and the Chairman of the Planning Commission, Robert Jensen, presented a resolution to the Council recommending changes in Chapter 34 of the Sign Ordinance. Following a brief discussion of the recommendations, Mayor Cohen thanked the Planning Commission members for their interest and efforts and directed the staff to have the Planning Commission recommendations placed on the agenda of the City Council meeting schedule for the 20th of January. Member Howard Heck 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. 69 -3 AN ORDINANCE REPEALING CHAPTER 34 OF THE CITY ORDINANCES ENTITLED "INDUSTRIAL DEVELOPMENT COMMISSION" AND ADDING A NEW CHAPTER 34 - "SIGN ORDINANCE" The motion for the adoption of the foregoing ordinance was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, where- upon said ordinance was declared duly passed and adopted. Following a short discussion, it was determined to defer the matter of the Osseo Road name change until further notice. The City Manager now related the efforts to assist the American Little League to find a relocation site within the City of Brooklyn Center and indicated he had received an offer to sell certain lands to the City for park purposes. These lands consist of approximately 12 acres and are located along the west side of Shingle Creek and immediately south of, and contiguous to, Garden City Park. Following a questioning of the City Manager and the gathering of comments from the Councilmen, member Leary made a motion seconded by member Willard to authorize the City Manager to prepare a purchase agreement to acquire portions of Parcel 5500, Section 35; Parcel 130, Auditor's Subdivision No. 218; and Outlot 1, Hipp's 4th Addition. Voting in favor wares Philip Cohen, John Leary, fl �� -10- Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Howard Heck to authorize taking of bids on January 16, 1969 at 2 :00 P. M. CST for a rubber tire front end loader. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time the City Manager discussed a letter he had received from the Superintendent of Osseo School District No. 279, expressing the concern of the school board and staff with the need to upgrade Noble Avenue from Osseo Road to 79th Avenue. Said letter expressed concern that the road is extremely narrow and dangerous to school pedestrians. The City Manager indicated that any construction must be coordinated with the Village of Brooklyn Park and he recommended that such an improvement be programmed for the 1970 construction season. Motion by John Leary and seconded by Howard Heck to authorize the City Manager to communicate with Brooklyn Park and Osseo School District No. 279 to inform them that the Noble Avenue improvement would be programmed for the 1970 construction season. Voting in favor were: Philip Cchen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to approve the following licenses: Bench License U. S. Bench Corporation 3300 Snelling Ave. Cigarette License Ault, Inc. 3410 a 48th Ave. No. Ault, Inc. 3501 - 48th Aye. No. Brookdale Chrysler Plymouth, Inc. 6111 Osseo Road Brookdale Motors, Inc. 2500 Co. Road 10 Brookdale Shell 1505 - 69th Ave. No. Brooklyn Center Country Boy, Inc. 4401 - 69th Ave. No. Brooklyn Center Shell 6245 Osseo Road Brooklyn Center "66 6850 Osseo Road Casey's Super Market 1900 - 57th Ave. No. Chuck Wagon Inn 5720 Morgan Ave. No. Clymer's Dairy Store 5845 Lyndale Ave. No. Country Club Market, Inc. 5712 Morgan Ave. No. Duoos Bros. Legion Post #; 630 4307 - 70th Ave. No. Fran's Purity Dairy 902 - 53rd Ave. No. Freeway Shell 6545 Lyndale Ave. No. Kroger Co. 6215 Osseo Road Mares Big Boy 5440 Osseo Road Northbrook Gulf Station 1912 - 57th Ave. No. Snyder Bros. Drugs 1296 Brookdale Center Super Value Stores, Inc. 5600 Xerxes Ave. No. Garbage--& Refuse License L.J. LaBelle 2939 Vera Cruz Ave. D. Shobe & Sons 4611 Lyndale Ave. No. Gasoline Servic Station License Freddie's Super Service 6601 Lyndale Ave. No. Freeway Shell Service 6545 Lyndale Ave. No. Mobil Service Station 6849 Osseo Road -11- G�� 27.3 Gas Piping License Westonka Plumbing & Heating, Inc. 2567 Commerce BIwd. Heating license Abel Heating Co. 266 Water St._, Excelsior LaMar Plumbing 4238 Welcome Ave. No. Non - Intoxicating Malt Liquor "Off -Sale" Licens Brooklyn Center Country Boy, Inc. 4401 - 69th Ave. No. Casey's Super Market 1900 - 57th Ave. No. Country Club Market, Inc. 5712 Morgan Ave. No. Clymer's Dairy Store 5845 Lyndale Ave. No Fran's Purity Dairy Store 902 - 53rd Ave. No. Kroger Co. 6215 Osseo Road Snyder Bros. Drugs 1296 Brookdale Center Super Value Stores, Inc. 1292 Brookdale Center Non- Intoxi cating Malt Liquor "On- Sale" License Chuck Wagon Inn 5720 Morgan Ave. No. Holy Name Society 4111 - 71st Ave. No. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Rydberg to adjourn the meeting. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Council meeting adjourned at 12 :30 A. M. Clerk Mayor -12- CITY OF BROOKLYN CENTER ORDINANCE NO. 69 -3 AN ORDINANCE REPEALING CHAPTER 34 OF THE CITY ORDINANCES ENTITLED "INDUSTRIAL DEVELOPMENT COMMISSION" AND ADDING A NEW CHAPTER 34 - "SIGN ORDINANCE" THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 34 of the City Ordinances is hereby amended by the repeal of the following: ( CHAPTER 34 - INDUSTRIAL DEVELOPMENT COMMISSION) (AN ORDINANCE ESTABLISHING AN INDUSTRIAL DEVELOPMENT COMMISSION AND DEFINING ITS MEMBERSHIP, POWERS, AND DUTIES) (Section 34 -101. SHORT TITLE. This Ordinance shall be known and may be cited as the "Brooklyn Center Industrial Development Commission Ordinance".) ( Section 34 -102 DEFINITIONS. For the purpose of this Ordinance, the following words and their derivations shall have the meanings as set out herein.) ( (a) "Commission" is the Industrial Development Commission of the Village as created by this ordinance.) ( (b) "Chairman" is the Chairman of the Industrial Development Commission as provided for hereunder.) ( (c) "Vice- Chairman" is the Vice Chairman of the Industrial Development Commission as provided hereunder.) ( (d) "Secretary" is the Secretary of the Industrial Development Commission as provided hereunder.) ( (e) "Planning Commission" is the Village Planning Commission of the Village of Brooklyn Center.) ( Section 34 -103 ESTABLISHMENT. An Industrial Development Commission is hereby established to be advisory to the Council and the Planning Commission, which Industrial Development Commission shall have the powers and duties hereinafter set forth.) ( Section 34 -104 COMPOSITION. The Commission shall consist of I fifteen (15) members appointed as set forth in Section 34 -105.) (Section 34 -105. TERMS OF OFFICE. Each member of the Village Council shall appoint three members to the Commission whose terms shall begin April 1 following the beginning of the term of the council member. The Commission member's terms shall expire on March 31 following the expiration of the council member's term. Those Commission members serving as of November 28, 1963 shall complete their terms and be reappointed or replaced according to the appointment schedule adopted by the Village Council in a resolution adopting this section of this ordinance.) ( Section 34 -106 VACANCIES. Vacancies occurring on the Commission shall be filled for the unexpired term by appointment by the council member who appointed the person whose absence creates the vacancy or by said council member's successor in office.) (Se ction 34 -107 REMOVAL OF MEMBERS. The Council, by a unanimous vote of all its members, shall have the authority to remove any member of the Commission from office, whenever, in its discretion, the best interests of the Village shall be served thereby.) ( Section 34 -110 OFFICERS. Within 30 days after their appointment, the members of the Commission shall meet in regular session and organize by electing from their members a Chairman, Vice - Chairman, Secretary, and such other officers as it may deem necessary. Officers shall be elected for terms of one (1) year and shall serve until their successors are elected and take office.) ( Section 34 -111 DUTIES OF OFFICERS. A. Chairman. It shall be the duty of the chairman to preside over all meetings of the Commission. In his absence, the Vice - Chairman, shall preside.) B. Secretary. It shall be the duty of the Secretary to keep a record of all proceedings of the Commission, transmit its recommendations to the Council, Planning Commission and other Village governmental bodies and perform such other duties as directed by the Commission.) ( Section 34 -120 RULES AND PROCEDURE. The Commission shall adopt a set of rules to govern its own meetings and procedures. The rules may be amended from time to time, but only upon notice to all members that the said proposed amendments shall be acted upon at a specified meeting. A majority vote of the Commission shall be required for the approval of the proposed amendment.) ( Section 34 -130. MEETINGS. A. Regular Meetings, The Commission shall meet in regular session at least once a month at a time and place selected by a majority vote of its members. B. Special Meetings The Chairman or any three members of the Commission shall have the authority to call special meetings of the Commission. Written notice of special meetings shall be given to all members at least 48 hours prior to the time of the meeting unless the time and place for the special meeting is set at a regular or regular adjourned meeting. C. Open Meetings All meetings of the Commission shall be open to the public.) (Section 34 -131. ABSENCE OF MEMBERS. Absence from three consecutive regular meetings without the formal consent of the Commission shall be deemed to constitute a resignation of a member; and the vacancy thus created shall be filled thereafter as provided in Section 34 -106 herein.) ( Section 34 -140. POWERS AND DUTIES. The Commission shall have the following powers and duties: A. To confer with and advise the Council and Planning Commission on all matters concerning the industrial and commercial development of the Village. B. To publicize, with the consent of the Council, the industrial and commercial advantages and opportunities of the Village. C. To collect data and information as to the type of industries and commerce best suited to the Village. D. To periodically survey the over -all condition of the Village from the standpoint of determining whether the Village has a community climate for industry and to determine the general receptiveness of the Village to particular types of industry. E. To publicize information as to the general advantages and disadvant- ages of industrial and commercial development in a community. F. To cooperate with all industries and businesses in the Village and in the solution of any community problems which they may have, and to encourage the expansion, development and management of such industries and businesses so as to promote the general welfare of the Village. G. To cooperate with all community groups and civic organizations within the Village and to furnish them such aid and advice as deemed appropriate. H. To aid the Council and Planning Commission in the proper zoning and orderly development of areas suitable for industrial and commercial develop- ment. I. To develop, compile, coordinate and publicize information such as, but not limited to the following: 1. Existing industrial and commercial concerns with the Village, their addresses, type of business, number of employees and whether each serves local, regional or national markets. 2. Available industrial and commercial sites including number of acres, approximate price, existing zoning and proximity to trackage and highways. 3. Available buildings for industrial and commercial operations, including type of building, number of square feet, existing zoning and proximity to trackage and highways. (Minn. State Dept. Form.) 4. Transportation facilities, including railroads, motor carriers, water transportation, air transportation and highway facilities. 5. Electric power available. 6. Fuels available for industrial and commercial use. 7. Sewage disposal facilities. 8. Water Supply facilities. 9. Community facilities such as fire, police and educational. 10. Recreational facilities. 11. Going wage rate in the Village for the trades, skilled, and semi- skilled and white collar workers. 12. Availability of labor. 13. General community attitude toward industrial and commercial expansion, development and attraction. 14. Experience and program of surrounding suburban communities in regards to industrial and commercial expansion, development and attraction. J. To recommend to the Council and Planning Commission policies and particular actions in regards to industrial and commercial expansion development and attraction. K. To cooperate with and use the facilities of the Minnesota Department of Business Development.) ( Section 34 -150 ADVISORY CAPACITY. Except as may otherwise be provided by ordinance, the power and duties of the Commission are of an advisory nature only, and the Commission shall not have any powers or duties which conflict with or supersede the powers and duties of other Village commissioners and boards.) ( Section 34 -151 VILLAGE CFFICIALS TO COOPERATE. All Village officials, department heads, employees and appointees shall cooperate with the Commission and render all reasonable assistance.) ( Section 34 -152 ANNUAL REPORT. The Commission shall render annually a full report of its work to the Council 4 Section 2: Chapter 34 of the City Ordinances is hereby amended by the addition of the following: CHAPTER 34 - SIGN ORDINANC Section 34 -100. STATEMENT OF PURPOSE The :)UMose of this ordinance is to Provid for nec ary trisu_a_ 1 Comm lion , to preserve and promote a Pleasant h ica1 env o t to Protect Public and Private property and to encourage safety » th and highways within the City of Brooklvn Center. by regulatin th t stree number structure size location hei ht lighting and the erection a nd ain- tenance of all outdoor signs and sin structures within said Qjty Section 34 -110. DEFINTTIONS The language set forth in the text of this ordinance shall be interpreted in accordance with the fol ic definitions . Words used in the present tense shall include the future; words used in the singular shall include the lural and the plural includes the sin ular Billboard - A sin located off of the premises where its sub ect establish- ment, product, service or activity is located manufactured s - Played. or conducted , old offered dis Building An strut tur e erected for the support, shelter . or en closure rue of g Y pp p animals chattles or movable Pro ert of any kind Business - Any establishment occupation, employment or enterprise wherein merchandise is manufactured exhibited or sold or where services are offered for compensation Dwelling - A buildiia. or nortign thereof designed or used Predominantly for residential occu anc of a conti ued nature includin — one - family dwellin s two - family dwellings, and multiple family dwellings; but not including hotels motels commercial boardin or rooming houses tourist homes and trailers Dwelling Unit - A single residential accommodation which is arranged, designed, used or intended for use exclusively as living quarters for one family must include com lete _e installed kitchen facilities . Where a private garage is structurally attached, it shall be considered as Part of the building in which the dwelling unit is located. unit. Dwelling, One - family - A residential building containing one dwelling Dwelling Two - family - A residential building containing two dwelling U9411 , vellina Multiple family (Apartment or Flat} -Are id nt'Al building or portion thereof containing thr a or more dwelling units, Chapter 34 -110 (continued) Establishment - Any of the following definitions shall apply 1) A distinct business entity situated in a single building; Z) A distinct business entity located in a structure attached to other similar structures by common walls and ceilings or floors, or attache y means of an enclosed arcade; 3) A distinct business entity within a single structure and not separa alls or other p ys cal barriers, but made distinct due to its existence as a single lease space and operation by separate entrepreneurs or by its singularity of purpose (such as clothing sales, furniture sales, and so on) carried on by a single o separate proprietors. Family - One or more persons related by blood, marriage, or adoption or a group of not more than five persons not so related, together with his or their domestic servants or gratuitious guests, maintaining a common household in a dwelling unit. - Floor Area Gross - The sum of the cross horizontal areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, In parti- cular, °gross floor area" shall include- 1. Basement space, if, more than fifty per cent of its story height is above the average level of the finished grade. 2 Elevator shafts and stairwells at each floor 3. Floor space used for mechanical eguipment where the structural headroom exceeds seven and one -half feet except equipment open or enclosed, located on the roof i.e. bulk needs water tanks and cooling towers. 4. Attic floor space where the structural headroom exceeds seven and one -half feet. 5. Interior balconies or mezzanines where the structural h2adroom exceeds seven and one -half feet. 6. Enclosed porches, but not terraces and breezeways. 7. Accessory uses other than that floors ce devoted exclusive) to accessory off - street parking or loading. Chapter 34 -110 (continued) Home Occupation - Any gainful occupation or profession carr Md on within a dwelling unit bv the occupant and not involving any acgegeory buildin stock in trade, manufacturing business repair work equipment not Customarily f ound in a home or light enough to be carried, or employment of persons not customarily residing on the Premises in the performance of such services (For example: dressmaking professional offices. indiyid mus instrugliona and the like. Home Occupation, Special - A home occupation approved by special usu permission, which involves incidental - stock in trade in the performance of the service, or inv olves equipment not customariLy found in the home nor lightweigh enough to be carried, May invoke the employment of not mar® than one person who is a non - resident of the premises (For example.- barber shop beauty parlor s hoe repair service, photography studio day nursery and the like.) Industry - An enterprise which involves the Product_i_o_ n _ acapmhly p rocessing or storage of materials, goods or products Lot - A Lot is _a parcel or portion of land in a subdivision or plat of land, s e rated from other parcels or portions by description, as on a subdivision or r ecord of survey map, or by metes and bounds, for the purpose of sale or lease o r separate use thereof. Lot Line - A property boundary line of any lot held in single or separate o wnership. Roof Line - That line at which an exterior wall surface of a buildin s tructure departs from a vertical plane. Setback - The minimum horizontal distance from a builcl ng, hedge, fence wall or structure to the street or lot line. Sian - Any publicly displayed message bearing device for visual c ommunication or an attention attracting device that is used primarily for the p urpose of bringing the subject thereof to the attention of the public including a py banner, pennant, symbol, valance or similar display. Sin Structure - The supports, uprights, bracing and framework for a ign inc s luding the sign surface itself, In the case of a wall sign, the sign s urface constitut -s the sign st ucture In the case of a sign structure consistina of two or more sides where the interior an le formed between any of the sides e xceeds 15 degrees each side shall be considered a separate sign structure, Sian. hirectionaI - A sign, the primary function of which is to provide l ocational directions . Sign, Identification - sign, the primary function of which is to identify a n establishment located upon the premises where such sign is located, or to WhIgh such Sian is affixed Signs identifying industrial establishments may s con a ntion to the products, goods or ma 2r!418 which are produced p rocessed. assembled or stored upon the premises, ' Chapter 34 -110 (continued) Sian Illuminated - Any sign upon whit artificial light is directed or which has an interior light source, Sin Informational - Any sin which conveys information nand which cannot be classified as a directional or identification ion sign. Sin Fla shin - Any illuminated sign on which the artificial light or color is not maintained ed at a constant intensity r color olor w en such sign is in use, except for that portion of a si rovi i gn p d ng public service in ormation such as time, weather, date, temperature or similar information. Sin Freestanding - A sign which is not affixed to any part of any building and which is rather supported by uprig t aces or posts placed n the ground. Sin Gross Surface Area of - The maximum projected area as viewed from any point, calculated as follows; A polygon with a single continuous perimeter whose sides are made up of straight lines (which in no case pass through or between any adjacent elements of the sign and whose interior angles are each less than 180 However, such perimeter shall not include any structural elements forms, braces, posts, etc. lying outsi e t e imits of such sign surface and not forming an integral part of the disp ay. Sin Portable - A bign so designed as to be movable from one location to another and not permanently attached to the ground or to any immobile structure. A portable sign may consist of a mobile structure such as a semi - truck trailer or other device whose primary function during -- a specific time period is to serve as a sign. _Sign, Proiecting - A sign which is affixed to the wall of a building and extends outward from the building wall. Sign, Roof - A sign erected or attached in whole or in part upon the roof of a building, or 'a non - freestanding sign whit projects above the root line of a respective building. Sign, Temporary - A sign which is erected or displayed for a limited period of time. _Sign, Wall - A sign which is affixed upon and parallel to the wall of a building. Street Line - The common boundary line of a street right -of -way and abutting prope Use - The purpose or activity for which the land or building thereon is designated, arranged or intended, or for w c it is occupied or ma n a e . a Actlon 34 -120 NON CONFORMING USES Any sign legally existing on the effective date of this ordinance which does not conform to the requirements set forth in this ordinance shall b ecome a non - conforming use. Non - conforming permanent s ons shall be allowed to continue but shall not bs rebuilt, altered, or relocated without being brought into compliance with the r equirements of this ordinance e_xcpnt that any flashing portion shall be dis c ontinued within 30 days after the effective date of this ordinance Section 34 -130 PROHIBITED SIGNS I. Signs that, by reason of positjQU shape, or color would i nterfere with the proper function of a traffic sign or signal. 2. Signs within the public right -of -way or easement, except f or government installed signs. 3. Signs that resemble any official marker enacted by a govern- mental agency or that display such words as "Stop" or "Danger". 4. Flashing signs including indoor signs which are visible from t he public streets. 5. With the exception of searchlights which may be approved in cork- junction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances, no rotating beam, beacon or flashing illumination shall be used in connection with any display. 6. Signs or sign structures that obstruct any window, door, fire escape., stairway or opening intended to provide ingress or egress for any building structure. Signs painted on t e inside glass portion of windows or doors are permitte 7. Banners and stringers unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances. 8. Sign posters that are tacked or posted on trees, fences, utility p oles or other such supports. 9. Portable signs unless approved in conjunction with an Administrative P ermit as provided in Section 35 -800 of the City Ordinances. 1 0. Roof signs except as provided in Section 34 -140, Subdivision 3A(1). 11. Billboards, except as provided in Section 34 -140, Subdivisions 2 c, 2f, 2h, 21, 1 2. Signs painted directly on building walls. 0 1 3. All other signs not expressly permitted by this ordinance. Section 34 -140 PERMITTED SIGNS 1. General Requirements and Standards for Permitted Signs a Where a busin ac citrn is illuMinated. the b am Of light shall not shine directly upon any Part o r esidence or into th stre t ►JtOle cinn a nrninn+ than 9R inrhAc o >ll_from th _ wall t which it ,G +ta�>,e.a c. Any sign or sian structure whirr m be or may her be come rotted, unsafe or unsightly shall be repaired or removed by the licensee, owner, or agent of the own _ of the P roperty upon which the sian stands upon written n it of City Manager or his agent. d. No part of any permanent freestanding sign shall ba clnenr an 10 feet t� the s +rin 1nt in e. No Dart of any sin shall project over or beyond the propert line of the ro ert u on which the sign is located. f. Unless set back ten (IO) or more feet frozr, the street fight- of line, the supporting column (s) of a freestanding sign exceeding 1r, feet in area shall not materially impede vision between a height of two and one half (2-1/2) and" seven and one half 1 7 -1. feet above the centerline grade of the street. Frees tandin si ns located within th si h triangle defined in Section 35 -5G0 shall have a minimum vertical clearance of 10 feet above the centerline rade of the intersecting streets . 9. Permitted freestanding signs located in C2 I1 and I2 districts may rotate subject to the following conditions: �1) If illuminated, the light source shall be interior and constant in intens ty and color. 42) The speed of rotation shall not exceed 4-rpm. �3) The rotating portion of the sign shall not exceed 150 square feet of gross surface area. The rotating Portion of the sign shall not be less than 10 feet above centerline grade of the street. h. When electrical si ns are installed their installation shall- De subject to the City's electrical code. Chapter 34 -140 (continued) 2. Permitted Signs Not Requiring a Permit a. Identification signs for one and two family dwellings provided that such signs are less than two 2) square feet in area (Nate: Home occupation signs are covered by Section 34 -140, Subdivision 3 C (1). b. Freestanding site pedestrian, vehicular- traffic, and parking directional signs are appropriate, provided such signs are less than thirty -six 36 square feet in area. v. Traffic control signs, non - commercial governmental signs, legal notices, railroad crossing signs, and temporary non- advertising safety or emergency signs. d. Signs denoting the architect, engineer, contractor, or owner when placed upon a respective wcrksite and not exceeding an aggregate of forty -eight 48 square feet in area, to be removed ten (10) days following completion of construction. e. Copy or message changing on a printed or painted sign which is permitted by this ordinance. f. Freestanding political signs for a period of not more than sixty (60) days before and ten 10 days after an election provided no one sign is greater than sixteen 6 square feet in area. Such political signs may be installed on y upon private property with the permission of the property owner who shall be responsible for removal thereof. e candidate whose candidacy is promoted by an improperly placed or otherwise illegal political sign shall be h - e TcT — responsible therefore. g. Signs or posters painted on or attached to the inside of a display window. This shall include illuminate signs, ut not flashing signs. h. Flags, badges, or insignia of any government or governmental agency, or of any civic, religious, fraternal or similar organ- izations. i. Emergency signs required by other governmental agencies. j. TeM2orary displays which are erected to celebrate, commemorate, or observe a civil or religious holiday. Section 34 -140 (continued) k. Real Estate signs as follows (1) Temporary signs for the purpose of selling or leasing individual lots or buildings provided that such signs are less than ten (10 ) square feet for residential property and thirty -two (32) square feet for other property and that only one sign is permitted for each property. The signs must be removed within ten 1 days following the lease or sale. (2) A temporary sign for the purpose of anno inning or promoting a residential, commercial or industrial project development provided that each residential project contains at least six 6) dwellings or lots. Further provisions are that one sign is permitted for each major street the project abuts; the signs are located at least one hundred and thirty (130) feet from any pre - existing home; the signs are removed within two years of issuance of the first building permit in the project or when the particular project is ninety 90) per cent sold out or rented, whichever is sooner; and each sign shall not exceed the following size limitations: Project area under 10 acres - 48 square feet Project area over 10 acres - 320 square feet (3) Signs for the purpose of leasing dwelling units in buildings containing two or more units, provided such signs are limited to five 5 squar feet in area and to one such sign per building. 3. Permitted Signs Requiring a Permit A. Commercial (C2) and Industrial (I1 and I2) Districts (1) Wall Signs, Projecting Signs and Roof Signs. Each establishment or enterprise may have wall signs and projecting signs on each wa provi ed the ag egate area of such signs does not exceed 307c of the area of the wall supporting the signs. Each establishment or enterprise eligible for a free - standing sign may instead elect to have a roof sign for identification (in lieu of a freestanding identifica- tion sign), provided that the sign does not exceed the respective area and height as prescribed in (2) (a) bel ow. Chapter 34 -140 (continued) �2) Freestanding Signs (a) Individual establishments Individual detached establishments or enterprises which are not clustered in a "sh)ppi n g center" complex may have one freestanding sin according to the followin schedule. In the event such establishments abut two or more streets which are at least collector or arterial in character, and if the abutment on each street exceeds 400 feet one freestandin sin mav be erected along each such street according to the following schedule. TABLE OF PERMITTED FREESTANDING SIGN AREAS &HEIGHTS TABLE 34A Building Gross Flory Area Maximum Sign Area Maximum Sign Heigh: Sci r Feet Square Feet (Above 1 st Flr. )Feet Up to 2200 90 2201 to 2400 24 2401 to 2600 96 24 2601 to 2800 104 24 2 801 — to 3000 112 24 3001 to 3200 120 24 3201t0 3400 1 24 3401 to 3600 1335 5 24 3601 to 4000 14 24 4001 to 4400 145 24 4401 to 5000 150 24 5001 to 5600 155 25 5601 to 6500 160 25 6501 to 7600 165 25 7501 to 3200 170 25 9201 to 11 600 175 26 11, 601 to 14,400 180 26 14, 401 to 16, 200 185 26 16, 201 to 17 600 190 26 17, 601 to 18 800 195 200 27 1 8,301 7 to 19, 800 205 —' 19, 801 to 20, 600 2 20, 601 to 22, 000 210 28 22, 001 to 23,000 22 23 001 to 24 000 230 240 240 Ab _ ov e 24 A00 250 31 32 Section 34 -140 (continued) D. Public and Semi - Public Places (All Districts) (1 Churches, Synagogues and temples may have the following sians (a) One freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend more than 10 feet above the ground level. There may be a second such sin if the use abuts two or more streets (b) One wall sign immediately above or beside each _public entrance to that part of the building which is used as a school and meets the requirements of the Minnesota Department of Education the sign area not to exceed 10 square feet, (2) Other public and semi - public uses,- including Private clubs and lodges (a) Freestanding "ins as specified above for churches, synagogues and temples. Nb) One wall sian the maximum area not to exceed 36 square feet. Section 344150. SIGN PERMITS No sign shall hereafter be erected, re- erected or altered unless a permit for each such sian has been obtained or unless permitted by Section 34-140, Division 2 of this ordinance. In addition electrical permits stall be obtained for all electric signs. Application for a sian permit shall be made in writing upon forms furnished the uildina Insrp)ect or u a--" shal contai he Igg by stree and num ber f s i n structure, s well as the s owne"nd the sian con rac -tpr� or erector, The Building n - D ector may reau re filing of plans or oth r nPrtinPr+t information whero, in his og inion, suc informa- tion is unceSSary to insure co mpliance with this nrrlin Section 34 -151. SIGN PERMIT FEES The following fees are hereby established and shall be collected before the issuance of an sin P ermit for which fees are required under the p rovisions -- y q P q p of this ordinance. 1. The permit fee for any permanent sign other than a freestanding sign shall be $3.00 for the first fifty 150) square feet of gross area or fraction thereof and $2.00 for each additional fifty (50) square f eet with a maximum fee of $10.00. R Section 34 -151 (continued) 2. The permit fee for any permanent freestanding sign shall be $8.00 for the first fifty (50) square feet of gross area or Fraction thereof and $2.00 for each additional fifty (50) square feet with a maximum fee of $15.00. 3. The fee for permits for the installation of any electrical wirLm for any sign shall conform to the electrical fee schedule as contained in Chapter 3 of the Ordinances of Brooklyn Center, Section .34-160. SIGN HANGER'S LICENSE 1. No person, firm or corporation shall gnaage in the business of erecting, altering, extending, repairing or maintaining signs or sign structures within the City of Brooklyn Center without first having procured a license therefor except that the owner, leasee or occupant of the property upon which the sign is located may p erform the actual work himself provided he has acquired a permit for the sign. 2. The applicant for a sign hanger's license shall pay atwenty ($20) dollar license fee, and the license shall run from May 1 to April 30 of the foll year. 3. No license shall take effect until the licensee shall file with the City Clark a bond with corporate surety in form approved by the City Attorney in the penal sum of two thousand dollars ($2,000.00) conditioned that the licensee will pay all permit fees required under this ordinance, pay any fines imposed upon him for violation thereof, will conform to all provisions of this. ordinance and will indemnify and hold the City, its officers and agents harmless from any damages o claim resulting from or related to the erection or maintenance of any sign in the City by the licensee. Section 34 -170. APPEALS In order to secure relief where it is alleged that an administ_ratime officer f itv has o muted an error i order or making determination, g nation, any person may appeal said order or determinatzo.- consistent with the provisions of Section 35 -251 of the City Ordinances. Section 34 -180. VARIANCES (ADJUSTME The procedure for obtaining a variance from the requirements of this ordinance shall be the same as set out in Section 35 -240 of the Ordinances of the City of Brooklyn Center. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circa meta es i a Section 34 -140 (continued) (b) Clustered establishments, The aggregate of attached commercial establishments or those enterprises clustered in a "shopping center complex may have a single freestanding sign according to Table 34A based upon the aggregate floor areas of the establishments. In the event such establishments abut two or more streets which are at least collector or arterial in character, and if the abutment on each such street exceeds 400 feet, one freestanding sign may be erected along each such street. B . Commercial (Cl and C1A) Districts (1) Wall Signs and Projecting Signs. Each establishment may have wall signs or projecting signs -on each wall, provided the aggregate area of such signs does not exceed 10% of the area of the wall on which they are placed. (2) Freestanding Signs. Each establishment tablishment may have one freestanding sign with a maximum area of 36 square feet. The sign shall not extend more than 10 feet above around level. In the event an estab lishment abuts two or more streets which are at least co or or arterial in character, one such freestanding sign may be erected along each such street. C. Residential (R1 through R?) Districts (1) Home occupations and special home oc lapations mays ve one freestanding or wall sign per dwelling, the maximum sign area not to exceed 2.5 square feet and the height above ground not to exceed six feet. (2) Multiple family dwellings may have the follow na sigma La) One wall sign per building not to exceed 10 sg uua f eet in area (3) Cluster developments or complexes involving three or more buildings and not less than 36 dwelling units may have nn freestanding sign with a maximum area of 36 square feet. Such sign shall not extend more than 10 feet above ground level. Section 34 -180 (continued) unique and distinctive to the s13ecific pro2prty or use under consideration The provisions of this ordinance considered in conjunction with the unique and dis- tinctive circumstances related to the property or uses thereof must be the proximate cause of the hardship. circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute sufficient justification to grant a variance, A variance may be granted by the City Council after demonstration by evidence that all of the following aualifications are met: 1 A particular hardship to the owner would result if the strict letter of the reaulations were carried out; 2. The conditions upon which the application for a variance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not common generally, to other property or uses thereof within the same zoning classification, 3. The granting of the variance will not be detrimental to the public welfare or iniurious to other Property or improvements in the neiiahbahoad. Section 34 -190 ENFORCEME It sriall be the responsibility of the City Manager to cause the require ments of this ordinance to be propeilK enforced and-to administer the same Section 34 -200, SEFARABMITY AND VALIDITY Every section provision or part of this ordinance is declared separahle from every other section provision, or part to the extent that if any section. provision, or part of the ordinance shall be held, invalid, it shall not invalidate any other section provision, or part thereof, Section 34 -210. PENALT It shall be unlawful for any person, firm or corporation to erect, alter, repair, move equip, or maintain any sign or sign structure or cause or permit the same to be drone in violation of any of the provisions of this ordinance. Who- ever does any act or omits to do any action which thereby co nstitutes a breach of any section of this ordinance shall, upon conviction thereof by law authority, be punished by a fine not t e xceed one hun dollars ($100) or by imprison - ment not to exceed ninety (90) days. No provi of this ordinance designating t duties of any official or employee of the Cit s hall be so construed as to make such official or employee liable fo the penalt provided in this section for failure to perform such duty, unless the intention of tt City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. , Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication, Adopted this 6th day of January 1960. Ile Mayor ATTEST: , Clerk Published in the Official Newspaper December 19, 1968 Effective Date January 18 1969 (Brackets indicate matter to be deleted, underline indicates new matter)