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HomeMy WebLinkAbout1984 08-20 CCM Regular Session ('F 'IIIE. C -1 (r�(;r I. OF THE CITY OF 131R00FLYN CENTER IN THE COUNTY OF Efl:tiidE:PIiJ 1 ; D THE STATE OF i ° "IrIPdESOTA REGULAR SESSION AUGUST 20, 1984 CITY HALL CAI -,!_ 'r0 ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 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, Director of Planning & •Inspection Ron Warren, City Attorney Richard Schieffer, Police Chief James Lindsay, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Councilmember Rich Theis. OPEN FORUM Mayor Nyquist noted the Council had received a request to use the Open Forum session this evening from Mr. Ron Blake, 3812 Janet Lane in Brooklyn Center. Mayor Nyquist recognized Mr. Blake who stated that he was here this evening to address the garage sale sign ordinance which prohibits placing signs on boulevards. He explained the City's code enforcement officers return any such signs to the homeowner. Mr. Blake stated his question was regarding real estate signs on boulevards and why the City's ordinance does not pertain to real estate signs the same way it does to garage sale signs. The City Manager stated he recollected that the City changed this portion of the sign ordinance some years ago. The Director of Planning & Inspection stated the ordinance stipulates that real estate signs are also not permitted on boulevards but only on private property with the permission of property owners. Mr. Blake then inquired why the sign ordinance is not being enforced against real estate signs. The City Manager stated that he would check on the enforcement but that he believed real estate signs have also been picked up by the City's code enforcement officer. Councilmember Hawes commented he believes the requirement that garage sale signs be placed on private property only, stems back to the problem that often garage sale signs are not taken down after the sale. CONSENT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. Councilmember Hawes requested items 10e and 10h removed from the Consent Agenda, and Councilmember Lhotka requested item 10a removed from the Consent Agenda. APPROVAL OF MINUTES - AUGUST 6, 1984 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of August 6, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 8 -20 -84 -1- i PER FORMANCE BOND RELEASE - SHOWBIZ PIZZ PLACE, 5939 JOHN MARTIN DRIVE fire was a motion by Counci. member Scott and seconded by Councim ember Hawes to approve the release of the performance guarantee for Showbiz Pizza Place, 5939 John Martin Drive (Planning Commission Application No. 81053) in the amount of $5,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. i Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 84 -119 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DELIVERY UNDER CONTRACT 1984 -D (LIFT STATION IMPROVEMENT PROJECT NO. 1983 - 09, PHASE II) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CANCELLING SPECIAL ASSESSMENT ON HIGHWAY RIGHT OF WAY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -121 Member Celia Scott introduced the following resolution and moved its adoption: I I RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 -04 (SHINGLE CREEK PARKWAY TURN LANE CONSTRUCTION) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -122 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS; FOR PUBLIC UTILITY HOOKUP CHARGES; FOR DELINQUE1,T PUBLIC UTILITY ACCOUNTS; DELINQUENT WEED REN VAL ACCOUC�TS; AIJD NUISAT7CE l�LAiE'��ENT COSTS The motion for the adoption of the foregoing resolution was duly seconded by rr;ember VC`,..(a i l I i I De -in Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICE'' SES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Brookdale East Cinema 5801 John Martin Drive Earle Brown Bowl /JEM Amusements 6440 James Circle Pizza Palace 5001 Drew Avenue North AMUSEMENT DEVICE - VENDOR Carousel International Corp. P.O. Box 307 , RENTAL DWELLING LICENSE Initial: D. Gee & P. Jacobson 1537 Humboldt Place D. Gee & P. Jacobson 1543 Humboldt Place Bart Greenwood 4201 Lakeside Ave. 4218 Wayne K. Pearson 6900 Toledo Ave. N. John DeVries 2931 67th Lane John DeVries 2911 68th Lane Duluth Redevelopment 401 69th Ave. N. Gene Bevers 419 69th Ave. N. Renewal: Lyn River Corp. Lyn River Apartments Gale W. Pierce 5960 Brooklyn Blvd. Keith L. Nordby 5964 Brooklyn Blvd. Bertil G. Johnson 6107 Brooklyn Blvd. Welcome Home, Inc. 6451 Brooklyn Blvd. Norman D. Sorensen 5432 Dupont Ave. N. Roland Scherber 5243 Ewing Ave. N. Howard Breuninger 5401 Fremont Ave. N. Roland Scherber 7212 Newton Ave. N. Dave Bradley 6725 W. River Road Harshad Bhatt 7206 -7212 W. River Road Irwin Ketroser 6525, 27, 29 Willow Ln. Roger & Marie Krawiecki 5209 Xerxes Ave. N. Bernard & Margaret Gilvin 2901 61st Ave. N. John DeVries 2936 69th Lane John DeVries 2937 69th Lane TAXICAB LICENSE Yellow Taxi Service 127 1st Ave. NE Voting in favor: Mayor Nyquist Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 8 -20 -84 -3- i j . CRIME PREVENTION WEEK Mayor Nyquist recognized Mr. Phil Cohen who presented a request to the City Council to declare September 16 to September 22, 1984 as Crime Prevention Week in Brooklyn Center. He reviewed for Council members the various activities planned for Crime Prevention Week in the City. He then explained that since the program was organized in 1981 the Crime Prevention Program has grown and is an excellent example of a public private partnership. He then called the Council's attention to the contest held to create a crime -watch sign, and noted that the winner of the contest was Mr. Greg Tomatz. He added that he would appreciate it very much if the Council would pass the resolution regarding Crime Prevention Week. RESOLUTION NO. 84 -123 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING SEPTEMBER 16 TO SEPTEMBER 22, 1984 AS CRIME PREVENTION WEEK IN BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. REVIEW OF CITY POLICY ON REMOVAL OF DISEASED SHADE TREES ON BOULEVARDS The City Manager reviewed the request made at the July 23, 1984 Open Forum session regarding the cost of removal of diseased shade trees along boulevards, and then proceeded to review M &C No. 84 -09, and pointed out that if the Council wishes to remain historically consistent with past City policy the policy should remain as is. Councilmember Theis inquired as to the reason for the $15 administrative fee charged for the removal of diseased elm trees along boulevards. The City Manager explained the $15 charge is for handling and processing the agreement between the City and the property owner and with the $15 fee the City does not recover all costs related to the processing and handling of the agreement. i Councilmember Scott commented that she had an experience with one tree which was removed on the City program and cost $50 to remove, and one tree removed without the City program which cost $275 to remove. She pointed out that the trees were both similar size and in similar locations. i Councilmember Hawes inquired whether the $65 removal cost was an average cost for trees or was it the cost charged for all boulevard trees. The City Manager replied that the $65 amount was an average and that the actual cost of removal of boulevard trees varied. Councilmember Theis commented that if the average cost of removal of trees is $50, then the $15 administrative fee appears somewhat high. Councilmember Theis then introduced a motion to take separate action on the $15 administrative fee and the policy of charging 50% of the removal of boulevard trees to horr:eowners. Mayor Nyquist commented that he could find little justification for changing a policy that has served well for 12 years. Councilmember Lhotka stated that he believes the policy has served the City well and that he would hot be in favor of changing it. r, 0 -s3 -4- J by C ouric i lrr ,-.-i .ce:r i h( `s , , t ie f o ! V C,`' ed 1n f, ";.,tr, r- or i r :7 kit CounC_1 �.. tihnr:i ..'ClJf;l! l Scott, Hawe:a, and Theis. Voting against: none. 'ihe motion passed unanimously. Councilmember Theis made a motion to waive the $15 administrative fee for the remov�3 of boulevard trees. h e motion failed for lack of a second. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reconfirm the City's existing policy with regard to the removal of diseased shade trees on City boulevards. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: Councilmember Theis. Councilmember Hawes commented that he believes the Council would be doing a disservice to persons who have had trees removed previously under the City's existing policy. RESOLUTIONS (CONTINUED) RESOLUTION NO. 84 -124 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A JOINT COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared . duly passed and adopted. The City Manager introduced a Resolution Approving Specifications for Furnishing and Delivery of Bleachers and Press Box and Directing Advertisement for Bids. He explained the bleachers and press box will be installed in Evergreen Park and that funding for the items will be from the capital projects fund. The Director of Public Works reviewed the site plan for the Evergreen Park soccer ` field area, including the proposed irrigation system, lighting system, and landscaping. Councilmember Lhotka inquired whether the fields would be used for both football and soccer. The City Manager explained the fields would be used for organized games for both soccer and football. The Council continued to review and discuss the site plan and the proposed Evergreen Park improvements. Councilmember Hawes suggested referring the site plan to the Park and Recreation Commission. The Director of Public Works recommended referring the plans to the Park & Recreation Commission prior to letting the contract for the project. Councilmember Lhotka inquired whether any estimates had been prepared for the project. The Director of Public Works explained the preliminary estimates had been made but a more in depth estimate will be presented before the final contract is let. RESOLUTION NO. 84 -125 Member ?ill Hawes introduced the following resolution and moved its adoption: 8- 2.0-84 -5- I i RESOLUTION APPROVING SPECIFICATIONS FOR FURNISHING AND DELIVERY OF BLEACHERS AND PRESS BOX AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor j thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -126 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR EVERGREEN PARK /AREA IMPROVEMENT PROJECT NO. 1984 -07, PHASE II (CONTRACT 1984 -I) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Work under Contract 1984 -E (Water Main Improvement Project No. 1984 -02 and Water Service REpair Project No. 1984 -06). Councilmember Hawes noted a correction in the resolution and explained that the project No. 1982 -06 should be changed to No. 1984 -06 in the second to the bottom line in the resolution. RESOLUTION NO. 84 -127 Member Bill Hawes introduced the following resolution and moved its adoption: i RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -E (WATER MAIN IMPROVEMENT PROJECT NO. 1984 -02 AND WATER SERVICE REPAIR PROJECT NO. 1984 -06) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the j following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -128 Member Celia Scott introduced the following resolution and moved its adoption: I RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 -02 (WATER MAIN INSTALLATION ON LEE, MAJOR, AND 70TH AVENUES) I ! I I The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia :Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Declaring Cost to be Assessed and providing 8 -20 -8 -6- for ±'ear:i.nr on Proposed Assessment for Improvement Project No. 1984 -03 (Halifax Avenue and 70th Avenue Street Improvement). In response to a question from Councilmember Hawes, the Director of Public Works noted that the landscaping cost for the project was setup to be paid by the City.. Councilmember Theis requested the staff to prepare a report on how the traffic circle is operating. The City Manager replied that there is substantial conformance with the traffic circle but some vehicles are short cutting the circle. The Director of Public Works stated that he spoke with two neighbors who were pleased with the operation of the traffic circle. Councilmember Theis commented that he believes the configuration has created more opportunities to break the traffic laws. RESOLUTION NO. 84 -129 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 -03 (HALIFAX AVENUE AND 70TH AVENUE STREET IMPROVEMENT) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor • h Theis; thereof.. Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Ric and , the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Scott left the Council table at 8:09 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION ITEM APPLICATION NO. 84027 SUBMITTED BY H.E. HOMES, INC. FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL FOR AN OFFICE CONDOMINIUM DEVELOPMENT ON THE LAND PRESENTLY OCCUPIED BY RESIDENCES ADDRESSED 7020 AND 7040 BROOKLYN BOULEVARD PLANNING CON APPLICATION NO. 84028 SUBMITTED BY H.E. HOMES, INC. FOR PRELIM PLAT APPROVAL TO RESUBDIVIDE INTO TWO PARCELS THE LAND CONTAINED IN THE LOTS ADDRESSED 7020 A 1D 7040 BROOKLYN BOULEVARD AND 7025 HALIFAX AVENUE NORTH (ST. ALPH ONSUS C HURCH ) The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 4 of the August 9, 1984 Planning Commission meeting minutes and also the Planning Commission information sheets prepared for Application Nos. 84027 and 84028. He then reviewed the location of the subject parcel and explained the zoning was R3 and that office uses are special uses in an R3 zone. He next.reviewed a transparency of the site and building plan, parking plan, and landscaping plan, included with the application. He then reviewed the building plans submitted for the office condominium project. The Director of Planning & Inspection reviewed a transparency of the preliminary plat submitted with Application No. 84028. He noted the Planning Commission held a combined public hearing on the applications and recommended approval of Application No. 84027, subject to 13 conditions, which he reviewed for Council members. He noted that condition No. 9 of the Planning Commission's recommended conditions has been met and can be disregarded by the Council. He also noted the Planning Commission recommended approval of Application No. 84028, subject to 5 conditions which he reviewed for Council members. 8 -20 -84 -7- I The Director of Planning & Inspection stated a public hearing is required on the application for special use permit and the preliminary plat, and that the required. notices had been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application Nos. 84027 and 84028. 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 Hawes and seconded by Councilmember Theis to close the public hearing on Application Nos. 84027 and 84028. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. i There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Application No. 84027, subject to the following conditions: 1. Building plans are subject to review and approval by the Building J Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. i 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. ' 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. i 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. Plan approval acknowledges the retention of 21 existing trees as part of the proposed landscape plan. Should any of these existing trees be removed or die prior to release of the performance guarantee, they shall be replaced with an equal number of shade trees, a minimum of 2 1/2 inches in diameter at appropriate locations on the site. 10. As -built utility drawings will be provided to the City Engineer prior to the release of the performance guarantee. 11. The special use permit acknowledges an office condominium use in the R3 zoning district and is subject to all applicable codes, ordinances and regulations and violations thereof shall be grounds for revocation. 12. Plan approval acknowledges the proposed landscape treatment along the east side of the property as acceptable opaque screening required between the office condominium use and the St. Alphonsus Church property. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Application No. 84028, 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 provisions of Chapter 15 of the City Ordinances. 3. The preliminary plat shall be modified prior to consideration by the City Council to provide the following: a. underlying and adjacent property lines b. an access easement to 7015 Kyle Avenue North C. expanded utility easement area adjacent to Lot 1 4. The two existing residences and accessory structures shall be removed from Lot 1 prior to final plat approval. 5. The applicant shall enter into an agreement for the payment of hookup charges for Lot 1 of the plat. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION N0. 84029 SUBMITTED BY GROUP HEALTH, INC. FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 20' X 20' STORAGE GARAGE IN THE NORTHEAST PORTION OF THE CLINIC SITE AT 6845 LEE AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members page 4 of the August 9, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84029. He explained the land is zoned C1 and that the clinic is a permitted use in that zone but the City ordinance stipulates that storage areas must be within an enclosed space. He noted the location of the storage garage would be on the northwest portion of the existing site. He explained the Planning Commission recommended approval of the 8 -20 -84 -9- I application, subject to one condition which he reviewed for Council members. He added that no public hearing is required on the application but that a representative of the applicant is present this evening. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve Application No. 84029, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 84030 SUBMITTED BY SHARON MCNAMARA FOR SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME BEAUTY SHOP IN THE BASEIM'E_NT OF THE RESIDENCE AT - 67 - 25 QUAIL AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members pages 4 through b of the August 9, 1984 Planning Commission meeting minutes and also a the Planning Commission information sheet prepared for Application No. 84030. He explained the applicant is requesting a special use permit for a home beauty shop. He reviewed the location of the subject parcel and noted the zoning was R1. He then reviewed the applicant's letter requesting the special use permit. He explained that after holding a public hearing, the Planning Commission recommended approval of the application, subject to eight conditions, which he reviewed for Council members. He noted the applicant was present this evening and that the required notices had been sent regarding this evening's public hearing. Councilmember Lhotka expressed a concern over the parking required for the home occupation and suggested that the customer's car be parked as close as possible to the garage. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 84030. 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 Hawes to close the public hearing on Application No. 84030. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Application No. 84030, subject to the following conditions: I I 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 of the facility and is nontransferable. 3. All parking associated with the home beauty shop shall be off- street on improved space provided by the applicant. 4. All building modifications associated with the home occupation shall be completed pursuant to properly obtained permits and be inspected by City inspectors prior to the issuance of the special use permit. 5. The home occupation shall be conducted on an appointment only basis with all work completed not later than 10:00 p.m. in the evening. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. Permit approval acknowledges a single- operator home beauty shop. 8. The applicant shall .provide a current copy of her State operator's license which shall be kept on file with the City. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 8:45 p.m. and reconvened at 9:00 p.m. RECOMMENDATION FOR SUSPENSION OF ON -SALE CLUB LICENSE FOR BROOKLYN CENTER AMERICAN LEG ION POST NO. 630 e City Manager reviewed M &C No. 84 -10 which introduced a memorandum from the City's Police Department indicating violations of the City's liquor license laws and gambling statutes by the American Legion Club No. 630. He explained the City's Police Chief is recommending a 20 day suspension. The City Manager then reviewed the requirements for holding a hearing with regard to the proposed suspension. The City Attorney recommended that the City Council decide first which way to investigate the incident, then if the Council chooses to do so, the City Manager could arrange for a hearing examiner. He explained the City Council has the authority to make the final decision after reviewing the examiner's report and recommendation. He explained that a written record of the testimony would be produced. He added that, the Council as an alternative could act in its own behalf at the hearing, however, because of the length of such a hearing he recommended the use of a hearing examiner. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to proceed with holding the required hearing with regard to the proposed suspension for the American Legion Post No. 630, and to direct the City Manager to arrange for scheduling the date of the hearing and arranging for the hiring of a hearing examiner. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. R ESOLUTIO NS (CONTINUED) The City Manager introduced a Resolution Approving Purchase of Microprocessor for Use by the Vehicle haintenance Division, and pointed out the item was considered at the August 6 Council meeting and was tabled with a request for additional information. 8- 20 -84 -11- i I Councilmember Theis inquired whether the staff had any idea of the time estimates and savings, if the microprocessor were put in place. The Director of Public Works replied that it would take between four to six months to load the system and another' four to six months to receive any benefit from the program. He explained the savings aspect of the program would come from having the correct equipment for the job, good records of equipment cost, and also information to make decisions as to whether or not to buy or lease equipment. Councilmember Lhotka questioned whether it was correct that 5% to 10% more is now spent on maintenance than what should be. The Director of Public Works explained that this estimate was correct. Councilmember Lhotka then requested an example. The Director of Public Works explained that the history of repair on a given piece of equipment would be programmed and would provide information on whether equipment J should be repaired or a new one bought. Currently, no life to date information is available on equipment owned by the City. Councilmember Lhotka inquired whether there are any examples of another program showing a decreasing cost. The City Manager explained that LOGIS charges are based on CPU time and storage. He added that the staff believes the computer is the only way to develop the management information needed to do a better job with the City's equipment. Councilmember Lhotka then inquired whether the City could purchase a personal computer to accomplish the same task. The City Manager explained that the staff had investigated the use of a personal computer, but this would mean that the City would be locked into a single vendor and estimates show that it would be more expensive than going with LOGIS. The Director of Public Works commented that the advantage in going with LOGIS is the technical support and comparison to other cities on the LOGIS system. RESOLUTION NO. 84 -130 Member Gene Lhotka introduced the following resolution and moved its adoption with the condition that once the system is on line the Council be given a report on what information the City is receiving and what the benefits are from the use of the system: RESOLUTION APPROVING PURCHASE OF A MICROPROCESSOR FOR USE BY THE VEHICLE MAINTENANCE DIVISION i The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS AD HOC CITIZENS ADVISORY COMMITTEE FOR EARLE BROWN FARM DEVELOPMENT The City tanager explained that development proposals are now being received for the Earle Brown Farm area. He stated he believes it would be useful in the next few months of planning to advise the Council and staff with regard to development of this area similar to the structure of the Brookwood project. He added that he would recommend more groups be involved than were involved in the Brookwood project. He pointed out that the groups could include the historical society, citizens at large, senior citizens, and representatives from the business community. He recorrinended the group be from between five to seven members. I ',- 0 ,.: 4 - l :�- Aft.cr Council discussion of the Ad Hoc Citizens Advisory Committee, there was a mot ._i.orn by Councilmember Lhotka and seconded by Councilmember Theis to establish the &Ir.aLu Brown Farm Development Ad Hoc Committee and to solicit members for the cc-u,'Hi.ttee from appropriate groups. Voting in favor: Mayor Nyquist, Counciilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. EARLF BROWN DAYS FIREWORKS DISPLAY Mayor Nyquist stated that the Earle Brown Days Committee which organized the Earle Brown Days festivities in June of this year have an outstanding bill for the fireworks display. He pointed out that the rainy weather interfered with the revenue from the various events, including the soft ball tournament. Councilmember Theis commented that he would have no problem with authorizing a reduced contribution from what was contributed for the first year of the fireworks display. There was a motion b Councilmember Theis and seconded b Councilmember Hawes to Y Y authorize the Mayor and City Manager to investigate the option of contributing funds for the fireworks display at the 1984 Earle Brown Days and to report to the Council on this matter. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. BYERLY'S STORE Mayor Nyquist noted that Byerly's is no longer planning to locate in.Brooklyn Center as was originally planned. He noted he had spoken with Don Byerly and Mr. Byerly assured him City that Brooklyn Center had been very cooperative with the venture but it was a financial decision on the part of the corporation. CABLE TELEVISION Councilmember Lhotka inquired as to the status of cable televison in Brooklyn Center. The City Manager explained there is a tentative agreement to sell the system to Hauser Cable Casting Inc., contingent upon approval of the Cable Communications Commission. CONSIDERATION OF TAXICAB LICENSE FOR YELLOW CAB COMPANY There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the taxicab license for 10 cabs from Yellow Taxi. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. CLASS B GAMBLING LICENSE FOR EARLE BROWN PARENT /TEACHERS ASSOCIATION There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the Class B gambling license for the Earle Brown Parent /Teachers Association. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the waiver of the $10,000 fidelity bond for the Earle Brown Parent /Teachers Association. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 84-131 Member Rich Theis introduced the following resolution and moved its adoption: 8 -20 -84 -13- RESOLUTION APPROVI14G PURCHASE OF REPLACEMENT COMPRESSOR FOR CIVIC CENTER AIR CONDITIONING SYSTEM AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. i ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City J Council adjourned at 9:50 p.m. �7- � C May& � - Deputy Cit Clerk I II i i