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HomeMy WebLinkAbout1988 12-19 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 19, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, EDA Coordinator Brad Hoffman, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Hawes requested item 8f be removed, and Councilmember Lhotka requested item 8b be removed from the consent agenda. APPROVAL OF MINUTES - DECEMBER 5 1988 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the December 5, 1988, City Council meeting. The motion - passed unanimously. RESOLUTIONS RESOLUTIDN NO. 88 -205 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET FOR THE LODGING TAX The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -206 Member Bill Hawes introduced the following resolution and moved its adoption: 12/19/88 -1- RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION FOR THE ACQUISITION OF TAX FORFEIT LAND ALONG SHINGLE CREEK AND CLOSING THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -207 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1989 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -208 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1989 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -209 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF FOUR (4) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -210 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET FOR A STATE GRANT FOR A COMMUNITY ENERGY CONSERVATION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -211 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE KOREAN PRESBYTERIAN CHURCH OF THE TWIN CITIES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 12/19/88 -2- CONSIDERATION. OF SPECIFIED LICENSES ON -SALE NONINTOXICATING MALT LIQUOR LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve on -sale nonintoxicating malt liquor licenses for the following establishments: Beacon Bowl, Chuck Wagon Inn, City of Brooklyn Center (Centerbrook Golf Course), Davanni's Pizza, Denny's Restaurant, The Fifty's Grill, Little Brooklyn, Pizza Hut, Rocky Rococo, and Scoreboard Pizza. The motion passed unanimously. OFF SALE_NONINTOXICATING MALT LIQUOR LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve off -sale nonintoxicating malt liquor licenses for the following establishments: Brooks Superette, Country Club Market, Country Store (Red Owl) Jerry's New Market, Super America No. 4160, and Super America No. 4058. The motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: BOWLING ALLEY Lynbrook Bowl, Inc. 6357 N. Lilac Dr. CIGARETTE Best Products Company, Inc. 5925 Earle Brown Dr. Brookdale Unocal 5710 Xerxes Ave. N. Brooklyn Center American Legion #630 4307 70th Ave. N. Brooklyn Center Service 6245 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Country Store 3600 63rd Ave. N. Days Inn 1501 Freeway Blvd. Green Mill Inn 5540 Brooklyn Blvd. Ideal Drug 6800 Humboldt Ave. N. Iten Chevrolet 6701 Brooklyn Boulevard Jerry's New Market 5801 Xerxes Ave. N. Lynbrook Bowl 6357 North Lilac Dr. Minnesota Viking Food Service 5200 W. 74th St. Schmitt Music Center 2400 Freeway Blvd. Neil's Total 1505 69th Ave. N. Service America 7490 Central Ave. N.E. Dayton's Brookdale Graco 6820 Shingle Creek Pkwy. MTC 6845 Shingle Creek Pkwy. Snyder Bros. Drug 1296 Brookdale Center Wes's Amoco 6044 Brooklyn Blvd. Yen Ching Restaurant 5900 Shingle Creek Pkwy. COURTESY BENCH U.S. Bench Corp. 3300 Snelling Ave. 12/19/88 -3- i FOOD ESTABLISHMENT Minnesota Viking Food Service 5200 W. 74th St. U.S. West Telecommunications 5910 Shingle Creek Pkwy. GARBAGE AND REFUSE COLLECTION VEHICLE Walz Bros. Sanitation Inc. P.O. Box 627 GASOLINE SERVICE STATIONS Brookdale Car Wash 5500 Brooklyn Boulevard Brookdale Unocal 5710 Xerxes Ave. N. Brooklyn Center Municipal Garage 6844 Shingle Creek Pkwy. Brooklyn Center Post Office 6848 Lee Ave. N. Brooklyn Center Service "76" 6245 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Ave. N. Howe Company 4821 Xerxes Ave. N. Humboldt Ave. Service 6840 Humboldt Ave. N. Metropolitan Transit Commission 6845 Shingle Creek Pkwy. Neil's Total 1505 69th Ave. N. Osseo Brooklyn Bus Company 4435 68th Ave. N. Wes's Amoco 6044 Brooklyn Blvd. ITINERANT FOOD ESTABLISHMENT B.C. Lioness 5324 Oliver Ave. N. LODGING ESTABLISHMENT Days Inn 1501 Freeway Boulevard MECHANICAL SYSTEMS Milton Witzmann 2500 Longview Dr. P & H Services Co. Inc. 208 73rd Ave. N. POOL AND BILLIARDS TABLE Days Inn 1501 Freeway Boulevard PUBLIC DANCE Days Inn 1501 Freeway Blvd. RENTAL DWELLINGS Initial: Michael Adkins 6315 Brooklyn Blvd. Robert & Marilyn Cashman 5622 Emerson Ave. N. Lai Phuoc Ngo 4512 63rd Ave. N. Renewal: James Ferrara 6031 Brooklyn Blvd. Gary Zimmerman 6527 Brooklyn Blvd. Fred Johnson 5324 Bryant Ave. N. Patrick Menth 5302 Fremont Ave. N. H.E. Homes 6804 Fremont Place H.E. Homes 6809 Fremont Place Joe Semler, Jr. 6820 Fremont Place 12/19/88 -4- Joe Semler, Jr. 6824 Fremont Place H.E. Homes 6831 Fremont Place Walt Halberg 6835 Fremont Place Julia Paulson 5315 Knox Ave. N. Vernon Vendel 5651 Knox Ave. N. Gary Scherber 4708 Lakeview Ave. N. Henry Johnson 6736 Scott Ave. N. Gregory M. Ray 3713 Urban Ave. N. Donald Kutz 6837 York Place Eugene Hess 3218 63rd Ave. N. H.E. Homes 1323 67th Lane Walt Halberg 1326 67th Lane TAXICAB LICENSE Suburban Taxi 9614 Humboldt Ave. S. The motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:05 p.m. and reconvened at 7:21 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1988 General Fund Budget to Increase Appropriations for Various Operating Departments. The Finance Director explained this is the same type of resolution which is used each year to bring the budget into balance. RESOLUTION NO. 88 -212 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1988 General Fund Budget to Provide for Wage and Salary Adjustments. He noted this resolution had been delayed because staff was waiting for a contract agreement with the Police Department. RESOLUTION NO. 88 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes and the motion passed unanimously. 12/19/88 -5- The City Manager presented a Resolution Setting Wages and Salaries for the Calendar Year 1989. RESOLUTION N0. 88 -214 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1989 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist noted there is a draft ordinance before the Council this evening adjusting the salaries for the Mayor and City Councilmembers. Councilmember Theis stated he believes the two new Councilmembers should have time to work with the Council before they must vote on a salary increase. Councilmember Scott stated she feels the issue of salary increases for the Council has been put off far too long, and the longer the Council waits the worse the problem will get. Councilmember Lhotka stated he understands the concerns stated by both Councilmember Theis and Councilmember Scott. He stated he would like to see the Mayor's annual salary increased to $7,000 and the Council's salary increased to $5,000 annually. It was pointed out the ordinance sets the monthly wage for the Mayor and Councilmembers. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Fixing Council Salaries and setting the public hearing date for January 23, 1989, at 7:30 p.m. The motion passed unanimously. The City Manager presented a Resolution Approving Sick Leave for the Public Works Coordinator. Councilmember Hawes inquired why staff is recommending this action for all new employees. The City Manager noted it has become quite common in the market place, both public and private, to offer a bank of sick leave to new employees. RESOLUTION NO. 88 -215 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING SICK LEAVE FOR THE PUBLIC WORKS COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed with Councilmember Hawes opposed. The City Manager presented a Resolution Accepting Quote and Authorizing the Contracting for Services for a Community Survey. He explained the final bid amount would be based on the number of questions in the document. Councilmember Scott inquired who would develop the questionnaire. The City Manager stated City staff, Commissions, and Decision Resources Limited would develop the questionnaire. He noted the final questionnaire would be reviewed by the City Council prior to starting the survey. RESOLUTION NO. 88 -216 Member Celia Scott introduced the following resolution and moved its adoption: 12/19/88 -6- RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE CONTRACTING FOR SERVICES FOR A COMMUNITY SURVEY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88018 SUBMITTED BY PACKAGING PLUS INC. REQUESTING VARIANCE APPROVAL FROM CITY COUNCIL RESOLUTION NO 77-67, WHICH GOVERNS WALL SIGNERY ALONG THE NORTH WALLS OF 6800 6820 AND 6840 SHINGLE CREEK PARKWAY,--TO., ALLOW WALL SIGNS NOT MORE THAN 11 FEET ABOVE THE BUILDING FLOOR GRADE The City Manager noted this item was recommended for denial by the Planning Commission at its November 10, 1988, meeting. At this time the applicant requested the Planning Commission not to refer the item to the City Council, which would allow the applicant time to submit additional information. The Planning Commission did recommend Planning Commission Application No. 88018 be submitted to the City Council for denial at its December 8, 1988, meeting. The Director of Planning & Inspection referred the Mayor and City Councilmembers to pages one through three of the November 10, 1988, Planning Commission minutes and page five of the December 8, 1988, Planning Commission minutes. He went on to briefly review the application and noted the Planning Commission did recommend denial of this application, citing the following findings as the basis for denial: 1. The proposed sign was fabricated and erected in error without a proper permit. The City, therefore, accepts no responsibility for the lost value of the sign, nor any responsibility for erecting the sign without a permit. 2. There is no access to the industrial buildings along the south side of 69th Avenue North. There is, therefore, no need to communicate a message to those driving along 69th Avenue North for directional purposes. 3. The proposed sign would constitute an unnecessary intrusion into the visual environment of the residential neighborhood north of 69th Avenue North. 4. A sign not more than 5 feet high is very readable to people on the property looking for a given business on the premises. 5. The Packaging Plus, Inc, business at 6800 Shingle Creek Parkway is not a unique sort of business relative to other businesses located in the buildings adjacent to 69th Avenue North. 6. The Standards for a Sign Variance contained in Section 34 -180 are not met in this situation. (For a variance to be granted, all standards must be met and are not met in this case). 12/19/88 -7- Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88018 submitted by Packaging Plus, Inc. requesting variance approval from City Council Resolution No. 77 -67, which governs wall signery along he north walls o f g 6800 6820, and 6840 Shingle Creek Parkway, g Y� allow wall signs not more than 11 feet above the building floor grade. He inquired if there was anyone present who wished to speak at the public hearing. No requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 88018. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny Planning Commission Application No. 88018, citing the six findings as listed above by the Director of Planning and Inspection, as the basis for denial. The motion passed unanimously. Councilmember Scott inquired if all signs in this area are in compliance with the resolution. The Director of Planning and Inspection stated he believes all the signs are correct, but he will have a code enforcement officer check this out. He noted the resolution pertains only to the north walls of these buildings. PLANNING COMMISSION APPLICATION NO. 88023 SUBMITTED BY GARY PRZYMUS REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A REUPHOLSTERING BUSINESS OUT OF THE GARAGE OF THE RESIDENCE AT 7012 REGENT AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its December 8, 1988, meeting. The Director of Planning and Inspection referred the Council to pages one and two of the December 8, 1988, Planning Commission minutes. He went on to briefly review the application and noted the Planning Commission recommended approval of the application subject to seven conditions which he reviewed for the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88023 submitted by Gary Przymus requesting special use permit approval to conduct a reupholstering business out of the garage of the residence at 7012 Regent Avenue North. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 88023. The motion passed unanimously. Councilmember Lhotka inquired of the applicant how long he had been operating in his home. Mr. Przymus stated he has been operating his business for approximately one year. Councilmember Lhotka inquired if this is the main occupation for Mr. Przymus. Mr. Przymus responded affirmatively. Councilmember Lhotka inquired how many days a week Mr. Przymus does reupholstering. Mr. Przymus stated he generally operates his business Monday through Saturday. Councilmember Lhotka inquired how long Mr. Przymus foresees himself operating his business out of his garage. Mr. Przymus stated he believes it would be two 12/19/88 -8- to three years before his business would be large enough to allow him to rent space elsewhere. Councilmember Lhotka inquired if Mr. Przymus would have any objections to the addition of a new condition which would note the hours of operation as Monday through Saturday, 8 a.m, to 5 p.m., with no work allowed on Sunday. Mr. Przymus stated he would have no objections to this condition. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 88023 subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. Noise from the operation of the home occupation shall not emanate beyond the property lines of the premises. 4. A fire extinguisher shall be kept in the garage for safety purposes. 5. The home occupation is deemed to be incidental and secondary to the residential use of the premises. It is noted that the home occupation is conducted in a tuck -under garage, not a separate building. 6. When stored on site, materials and furniture accessory to the home occupation shall be stored indoors. No outside storage is permitted. 7. Approval of the special use permit in no way implies exemption from the recently adopted restrictions on the parking and storage of certain vehicles in residential zoning districts which becomes effective June 1, 1989. 8. The hours for operating the home occupation shall generally be 8 a.m. to 5 p.m., Monday through Saturday. The home occupation shall not be conducted on Sunday. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 88024 SUBMITTED BY SHINGLE CREEK LAND COMPANY REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE INTO FIVE LOTS THE VACANT LAND NORTH OF I -94 BETWEEN JAMES CIRCLE AND HUMBOLDT AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its December 8, 1988, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages two and three of the December 8, 1988, Planning Commission minutes. He went on to briefly review the application and the five conditions recommended for approval of this application. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88024 submitted by Shingle Creek Land Company 12/19/88 -9- requesting preliminary plat approval to resubdivide into five lots the vacant land north of I -94 between James Circle and Humboldt Avenue North. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 88024. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 88024 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The drainage plan for the plat shall be reviewed and approved by the West Mississippi Watershed Commission prior to final plat approval. 4. The owner of the property shall execute an easement to protect the ponding area and the overflow Swale on Lot 3, Block 2 prior to final plat approval. 5. The owner shall execute, prior to final plat approval, a Subdivision Agreement covering at least the following items: a) Submission of a subdivision bond to insure completion of required improvements within public right -of -way. b) Construction of Irving Avenue North and 64th Avenue North including storm sewer, sanitary sewer, water mains, sidewalk, curb and gutter and street paving. c) A maintenance and inspection agreement for the drainage system. d) A hook -up agreement for the water main. e) Limitation on sanitary sewer flow generated by development within the plat. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes granting approval of the final plat and subdivision agreement. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Part of a Utility Easement in Lot 3, Block 1, Richardson Addition and setting a public hearing date for January 23, 1989, at 7:30 p.m. The motion passed unanimously. 12/19/88 -10- There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve for first reading An Ordinance Vacating the Street Easement in Tract D, Registered Land Survey No. 1482 and setting a public hearing date for January 23, 1989, at 7:30 p.m. The motion passed unanimously. Councilmember Lhotka stated at another Council meeting he would like to review the City's policy on approving preliminary and final plats at the same time. RECESS The Brooklyn Center City Council recessed at 8:24 p.m. and reconvened at 8 :37 P.m. PLANNING COMMISSION APPLICATION NO 88025 SUBMITTED BY BRUCE NEILSON REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT AN ENTERTAINMENT AGENCY AS A HOME OCCUPATION WITH ONE NONRESIDENT EMPLOYEE IN THE LOWER LEVEL OF THE RESIDENCE AT 3801 53RD AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its December 8, 1988, meeting. The Director of Planning and j Inspection referred the Mayor and Councilmembers to pages four and five of the December 8, 1988, Planning Commission minutes. He went on to briefly review the application and six conditions recommended for approval of this application. Councilmember Hawes stated he believes the sign which is currently on the premises exceeds the square footage allowed for home occupation signs. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88025 submitted by Bruce Neilson requesting special use permit approval to conduct an entertainment agency as a home occupation with one nonresident employee in the lower level of the residence at 3801 53rd Avenue North. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded b y Councilmember Hawes to close the public hearing on Planning Commission Application No. 88025. The motion passed unanimously. A brief discussion then ensued regarding the types of rehearsals which are held at the home, and Mr. Neilson stated there are usually only vocal rehearsals in the home which would involve four to six singers and a piano player. Councilmember Lhotka stated if Mr. Neilson has a successful business, he would prefer to see him operate it somewhere besides his home. A brief discussion then ensued regarding the hours of operation for this home occupation, and it was decided to add these as a condition to approval. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 88025 subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 12/19/88 -11- I 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 4. Special use permit approval acknowledges employment on the premises of one nonresident employee. 5. Customers shall be served on an appointment -only basis. The applicant shall make no appeals through signery for walk -in traffic from the neighborhood. 6. Approval of the special use permit in no way implies exemption from the recently adopted restrictions on the parking and storage of certain vehicles in residential zoning districts which becomes effective June 1, 1989. 7. The hours for operating the home occupation shall generally be 9 a.m. to 5:30 p.m., Monday through Saturday. The home occupation shall not be conducted on Sunday. The motion passed unanimously. DISCUSSION ITEM IRS SECTION 89 COMPLIANCE The Finance Director stated Section 89 of the IRS Code sets forth basic qualification standards and nondiscrimination tests with which certain types of employer- sponsored health and welfare benefit plans must comply. He noted the standards are very complex and the penalties very high for noncompliance. He explained the minimum fee to have our programs reviewed would be $2,000, and the remainder of the fee is based on the number of employees and the number of plans in use. He stated he is anticipating the report to cost between $4,000 and $6,000. There was a motion b Councilmember Lhotka and seconded onded b Y Councilmember lmember Theis authorizing City ity Manager to enter into an agreement with Moore, Costello and Hart and D.C.A., Inc. for professional services in connection with Section 89 compliance and authorizing the expenditure of funds from the City Council professional services account within the 1989 general fund budget for the professional services. The motion passed unanimously. ON -SALE CLUB LICENSE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the on -sale club liquor license for the Brooklyn Center American Legion Club No. 630. The motion passed unanimously. OTHER BUSINESS Mayor Nyquist stated he would like to thank Councilmember Theis for his seven years of service on the Council. 12/19/88 -12- Councilmember Lhotka stated he was not pleased with the article prepared by the POST newspaper reporter. He stated it appears she printed some of her information out of context. Councilmember Scott stated she was quite upset with regards to the article and noted some of the statements were quite changed. She' added the reporter will not get any direct quotes from her again. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:05 p.m. City Clerk Mayor 12/19/88 -13-