Loading...
HomeMy WebLinkAbout1983 09-26 CCM Regular Session MINUTES OF THE FROCEEDINGS OF 'THE CITY COUNCIL . OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HE NEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 26, 1983 CITY HALL CALL TO ORDER Me trooklyn 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, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer James Grube, Police Chief ; James Lindsay, and Administrative Assistants Brad Hoffman and Tom Bublitz. INV OCATION The invocation was offered by Pastor Bailey of Brooklyn United Methodist Church. OPEN FORUMZ Faor J q ist noted the Council had received an in—house request to use the Open Forum session this evening from Administrative Assistant Tom Bublitz. Administrative Assistant Bublitz addressed the Council and stated that he was speaking as acting president of the Earle Brown Farm Estates Townhouse Association. He explained that at a recent meeting of the Association's general membership the sidewalk easement through the town house development was discussed. He noted that a number of persons at the Association meeting raised objections to the sidewalk location. Administrative Assistant Bublitz noted that he had discussed possible alternate locations through the development with the Director of Public Works. He then requested the Council to refer the item to the Earle Brown Farm Estates Townhouse Association Board of Directors in order that they respond to some of the objections raised by the membership. He added that he hoped that by referring the issue to the board a solution could be achieved which would be both acceptable to the City and the town house residents. The Director of Public Works stated that there would be no problem in delaying the construction of the sidewalk by one week, and proceeded to review the proposed alternative location for the sidewalk. He added that the change in location would probably require some adjustment in the contract price, and added that there would be no additional cost for a change in the location. He also noted that if an alternative was selected an easement must be granted to the City by the Townhouse Association by next Monday., Councilmember Theis noted that when the townhouse project was originally proposed, the concerns of the neighborhood to the north and west were for access for the neighborhood to Freeway Boulevard and Shingle Creek Parkway, and a concern that this access be situated in such away that it would not be placed in a straight line coming into Thurber Road. He added that another consideration was access to the bus for one individual living on 67th. He added that the access for this individual would 9 -26 -83 -1- be approximately the same for either of the locations proposed for the sidewalk. He "commented that if the Townhouse Association can agree on an alternate he would not think it would be a problem-for the neighborhood. Mayor Nyquist recognized Mrs. Zayra who stated that she was a homeowner in the Earle Brown Farm Estates Townhouse Development. Mrs. Zayra stated that she was concerned that--the-sidewalk location may be changed, and noted that she counted on the location of the sidewalk when buying her unit. She added that she had just moved into the development and was concerned that her interests were not represented at the general membership meeting of the Townhouse Association. Mayor Nyquist recognized Mrs. Florence Johnson, 5731 Fremont Avenue North, who state d.that she was speaking on behalf of the senior chorus and expressed a belief that the chorus is good public relations for the City, and requested that the Council give serious thought to funding the senior chorus in the 1984 budget. PRESENTATION OF CIVIL DEFENSE DIRECTOR OF THE YEAR AWARD TO POLICE CHIEF JAMES MMM7 -- 1ayor7yquist recognized Mr. Robert R. Rygg, Washington County Civil Defense Director, and immediate past president of the Minnesota Association of Civil Defense Directors. Mr. Rygg stated that Chief Lindsay was elected as the outstanding Civil Defense Director of the year in the metropolitan region by the Minnesota Association of Civil Defense Directors. He added that Chief Lindsay has done an outstanding job as the City's Civil Defense Director. The City Manager introduced Mr. Max Seeker, the Emergency Preparedness Director for Hennepin County, and Corky Segal, a member of the Emergency Preparedness Department of Hennepin County. Mr. Seeker stated that Chief Lindsay is typical of the type of Civil Defense Director in Hennepin County and that it was a distinct honor to be part of this evening's presentation. He noted that the high standards set by Chief Lindsay and other Civil Defense Directors' in Hennepin County were a tribute to the quality of Emergency Preparedness in Hennepin County, CONSENT AGENDA Mayor Nyquisiinquired if any Council members requested any items removed from the Consent Agenda. Councilmember Lhotka requested that item 9a be removed from the Consent Agenda. PERFORMANCE BOND RELEASE There was a motion by Councilmember Scott and seconded by Councilmember Hawes to reduce the performance guarantee for the Enninga residence,_ 5435 Emerson Avenue North, from $3,000 to a $1,000 cash escrow. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,; Scott, Hawes, and Theis. Voting against: none.' The motion passed unanimously. APPOINTNETT OF ELECTION JUDGES FOR NOMBER 8, 1983 There was a motion by Councilmember coat and seconded by Councilmember Hawes to approve the appointment of election judges for the November 8, 1983 municipal election as per the list of judges submitted by the City Clerk. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RFtSOIUTIM NO. 83 -140 9 -26 -83 -2- i Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MS. KAREN DUENOW 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. 83-141 emEer e i`ac 'introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF REVEREND ROBERT CILKE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote Bing 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. LICENSES efi rye was' a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CIGARETTE LICENSE Budgetel hotel 6415 James Circle M & S Drug Emporium Brookdale Square Sinclair Marketing 6601 Lyndale Ave. C014YMCIAL KENNEL LICENSE Broc dale Punter Brookdale Ctr . Northbrook Animal Hospital 413 66th Ave. N. Snyder Brothers Brookdale Ctr. GASOLINE SERVICE STATION LICENSE Sinclair Marketing 6601 Iyndale Ave. ITINERANT FOOD ESTABLISHMENT LICENSE Earle BE E77A 5900 Humboldt Ave. N. MECHANICAL SYSTEM'S LICENSE Car lson Refrigrra ion 133 West Island Ave. Environ -Con, Inc. Box 1351 Ed Lacy, Inc 2124 West Broadway Rassett Mechanical Contractors 1322 Rice Street NONPERIS VENDING MACHINE LICENSE oca Cola Bottling 1189 Eagan Ind. Rd. Country Store 5425 'Xerxes Ave. N. Sinclair Marketing 6601 Tyndale Ave. N. 9 -26 -83 -3- REITT DWELLING LICENSE ni a1: LuAnn Falenczykowski 6000 Abbott Ave. N. C.C. Hogen 5030 Brooklyn Blvd. Curtis & Audrey Cady 6915 Brooklyn Blvd. Richard Olson, 5818 Humboldt Ave. N. Len Riley 6812 Perry Ave. N. Stanley J. Gibson 4734 Twin Lake Ave. Joseph Veidel 7104 Unity Ave. N. Ron VanKempen 3213 67th Ave. N. Renewal: Laura & Jeff Hanson 6933 Brooklyn Blvd. Charles & Linda Sabatke 6306 Brooklyn Dr, Paul Dorfman 5245, 47 Drew Ave. N. Gene M. Proctor 6006 Ewing Ave. N. Helen Ebhardt 5637, 39 Girard Ave. N. Michael L. Goodwin 5006 Howe Sane Harold & Sharon Schindele 5407 James Ave. N. P. Zawislak & B. Maloney 5543 Judy Iene Dennis & Eileen Brite 7201 Morgan Ave. N. Timothy & Nancy Phillips 6113 Quail Ave. N. Lewis &, Vivian Hedlund 5316, 20 Russell Ave. N. Raymond & Arlene Breffle 5324, 28 Russell Ave. N. Robert Nechal 5332, 36 Russell Ave. N. Fred & Judie Swenson 5340, 44 Russell Ave. N. Gregory & Reinette Raeker 5400, 02 Russell Ave. N. Henry Ulhorn 5207 F. Twin Lk. Blvd. Jack & Mary Jane Herrlin 4803 Wingard Place Thomas & Bill Howe 3135 49th Ave. N. Michael & Cecelia Cullen 806 53rd Ave. N. Donald Byram 3724 58th Ave. N. Gary W. Anderson 5413 70th Circle SPECIAL FOOD HANDLING LICENSE Z & S DrTiW�pori Brookdale Square Voting in favor: Mayor Nyquist, Councilmembers Ihotka,`Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - SEPTRTIBER 12, 1983 re was a motion by Councilmember otka and seconded by ,Councilmember Theis to approve the minutes of the City Council meeting of September 12, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Scott abstained from the vote as she was not present at the September 12, 1983 meeting. RESOLUTIONS (CONTINUED) The City Manager introau ced a Resolution Adopting the Hennepin Urban County Housing Rehabilitation Grant Program Guidelines. Councilmember Lhotka explained that he requested this item removed from the Consent Agenda because he believed that any type of amendment to a program such as this should not be on the Consent Agenda. 9 -26 -83 -4- RFSOLUTION NO. 83 -142 Member Gene Lhotka introduced the following resolution and moved its adoption: ' RESOLUTION ADOPTING THE HENNEPIN URBAN COUNTY HOUSING REHABILITATION GRANT PROGRAM GUIDELINES 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 the Resolution Accepting Bid and Approving Agreement with Motorola for the Maintenance of the City's Radio Communication System. The City Manager noted that the low bidder does not have the same capability to maintain the system as does Motorola, particularly with regard to the necessary equipment and training to maintain the system. Councilmember ILtka inquired as to what the maintenance contract includes. The City Manager replied that the contract would include maintenance on all radios in the City system. Councilmember Lhotka then inquired as to the cost of the contract in past years. Administrative Assistant Hoffman stated that the cost was approximately $350 per month, excluding the radios from Hennepin County. Mayor Nyquist inquired whether the City has had any experience with the low bidder in the past. The City Manager explained that the low bidder worked on the City's old equipment but that the company does not have the test equipment or training to service the new system. Administrative Assistant Hoffman added that Air Comm had noted in their bid that they would purchase the needed testing equipment but that the cost of the equipment exceeds the cost of the contract. Additionally,, he pointed out that the training package which Air Comm said they would purchase is not available currently. The City Manager stated that he reviewed the bids with Mr. Ward Montgomery and that his concern was with the training aspect: He added that Mr. Montgomery was concerned that a reliable person be available to work on the system, if it goes down. Councilmember Lhotka stated he was concerned that the bid of Motorola, in the amount of $1,090.50 per month is not totally explained to the extent that it can be determined whether it is an economical bid for the City. The City Manager stated that what the City now pays is time and materials, and that the staff is convinced that the bid of Motorola is the most economical way to go. He added that he could break down the bid costs further for a better. explanation. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table consideration of the resolution until the October 3, '1983 City Council meeting to allow the staff time to clarify the various components of the bid. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes,*and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS COMMISS=A=ATION NO. 83048 SUBMITTED BY ROSE LIILESTOL FOR A SPECIAL SJ iIT TO CONDUCT A DOG GROOMING HOME OCCUPATION IN THE BASIl� 1MT OF THE RESIFENCE AT 5218 PAUL DRIVE Me=1re banning & Inspection presented and reviewed for Council members 9 -26 -83 -5- i pages one through two of the September 15, 1983 Planning Commission meeting minutes, and also -the Planning Commission information sheet prepared for Application No. 83048. He then reviewed the hours proposed for the home occupation and noted that it will be conducted on an appointment basis with no overnight boarding of animals. He noted that`the Planning Commission held a public hearing on the application, and that the applicant was the only person to speak at the public hearing. He added that the Planning Commission recommended approval of the application, subject to six conditions which he reviewed for Councilmembers. The Planning Director stated that the notices of this evening's hearing on the application had been sent and the applicant was present. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83048, and inquired if there was anyone present who wished to speak at the public hearing. The Mayor recognized Per. Lillestol_ who inquired what type of fire extinguisher was required for the home occupation. The Director of Planning replied that the City's building official will be available to` describe the exact type of extinguisher. No one else appeared to speak at the public hearing and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Scott to close the public hearing on Application No. 83048. Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Planning Commission Application No. 83048, subject to the following conditions: 1. The special use permit is issued -to the applicant as operator of the business and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be 9:00 a.m. to 4:00 p.m. and 7 :00 p.m. to 9:00 p.m., Monday through Friday. Services shall be provided on an appointment -only basis. 4. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 5• A 5 lb. fire extinguisher shall be installed in the work area in the basement. 6. No overnight boarding of animals shall be permitted. Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COEMISSION APPLICATION NO. 83049 SUBMITTED BY ERIAND SHr1tEY FOR A SPECIAL USSR W , , '1 A iEocC`7==71 THE AGE rITYRFSIDRICE T 5 TE , , , ;, —_ 9 -26 -83 -6- The Director of Planning &.Inspection presented and reviewed for Council members pages two through three of the September 15, 1983 Planning Commission meeting minutes, and also the Planning ommission information sheet prepared for g P Pte' Application No. 83049. He reviewed the home occupation request for the taxidermy operation and also the location of the subject parcel. He explained the request involves the use of an accessory structure which requires approval by the Council. The Director of Planning reviewed the applicant's letter requesting the home occupation, and noted that the Planning Commission held a public hearing on the application at its September 15, 1983 meeting and subsequently recommended approval, subject to five conditions which he reviewed for Council members. The Planning Director added that the notices of this evening's hearing had been sent to the appropriate owners and that the applicant is present at the meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 83049 He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Application No. 83049. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion, passed unanimously. There was a motion by Councilmember Ihotka and seconded by Councilmember Theis to approve Application No. 83049, subject to the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The home occupation may not occupy more than 50% of the accessory structure. 4• A fire extinguisher of at least 5 lb. capacity shall be kept in the gage 5• All parking associated with the home occupation shall be off— street on space provided by the applicant Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PILAhNING COP'T?ISSION APPLICATION NO. 83050 SUBMITTED BY Q PETROLEU 4 FOR A SPECIAL USE ITT ' �T T A E STATION A 9TH A VENUE l MTrector ofPlanning & ionpresented and reviewe d for Counci�memmers pages three through four of the September 15, 1983 Planning Commission meeting minutes. He proceeded to review the special use permit to rent up to three U haul trailers at the Q Petroleum station, and pointed out that the trailer rental use is a special use in the C2 zone provided there is adequate parking. He stated that currently there are 19 parking .stalls on the site and that the 19 spaces meet the 9 -26 -83 -7- retail requirement for the grocery store use and also the minimum amount required for the special use. He noted there is also room for three additional parking spaces on the site. The Director of Planning explained that the Planning Commission recommended the k area along 69th and along Humboldt Avenue not be used for storage of the trailers, x and that the northwest side of the site is the most desirable area. He stated that the Planning Commission held a public hearing on the application at which no one spoke against and at which the applicant was present. He explained the Planning Commission recommended approval of the application, subject to four conditions which he reviewed for the Council. The Director of Planning & Inspection then reviewed a letter from the applicant which complied with condition No. 3 recommended by the Planning Commission and which required the applicant to acknowledge in writing, prior to City Council consideration of the application, that the applicant will install additional parking meeting all zoning ordinance requirements upon a determination by the City that congestion warrants the installation of all or part of the required parking for the use. The Director of Planning 8: Inspection stated that the proper notices had been sent x regarding the public hearing this evening and that the applicant is present. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 83050 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared 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 Application No, 83050. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. r There was a motion by Councilmember Theis and- seconded by Councilmember Scott to z _ approve Application No. 83050, subject to the following conditions: I. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. Special use permit approval acknowledges the storage on site of not more than three trailers, none of which may exceed 20' in total length or 9' in total width. The trailers shall not be stored along the Humboldt Avenue or 69th Avenue greenstrip. 3. Special use permit approval acknowledges the site plan approved under Application No. 53019 as providing "proof-of-parking" with adequate parking space for up to three trailers. 4. Trailer parking shall be confined to existing parking spaces located along the west side of the site to the north of the main building. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. S 9- -26 -83 -8- 1 PUBLIC HEARING OP? PROPOSID ASSESES ANT FOR 1983 DISEASED SHADE TREE F01OVAL COSTS Playgy — or Uqu� opened the mee i� for Fie purpose of a public hearing on the proposet� assessment for 1983 diseased shade tree removal costs, and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on proposed assessment for 1983 diseased shade tree removal- costs - Voting in favor MayorPlyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 83 -143 Member eliaTcott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 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 gainst the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT PUBLIC UTILITY ACCOUNTS Co c lmember Theis asked how long the accounts had been delinquent. The�irector of Finance explained. that on July 1 anything more than 30 days old was considered delinquent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Delinquent Public Utility Accounts, and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Scott to close the public hearing on proposed assessment for Delinquent Public Utility Accounts. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 83-144 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 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 Ihotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted PUBLIC HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT WEED DESTRUCTION ACCOUNTS Mayor IvTyquisT opened t a mee ing for The purpose of a pudic hearing on proposed assessment for Delinquent Weed Destruction Accounts, and inquired if.there- was anyone present who wished to speak at the public hearing No one appeared to speak 9 -26 -83 -9- and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Delinquent Weed Destruction Accounts. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO'. 83-145 Iem ewe' THotka i roduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 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 s Dean Nyquist, Gene Lhotka, Celia Scott, Lill Hawes, and Rich Theis,; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted The City Manager stated that at the request of the City Attorney, the next two items, a Continuation of Public Hearing on Proposed Assessment for 51 st Avenue North Water Main Improvement Project No. 1982 -07, and Storm Sewer Improvement Project No 1980 - 24, be continued to a later meeting. He added that the hearing on the Proposed Assessment for the 51 st Avenue North Water Main Improvement Pro j ect No . 1982 -07 is requested to be deferred indefinitely, and that the hearing on Proposed Assessment for Storm Sewer Improvement Project No 1980 -24 is requested to be continued until the next City Council meeting. Councilmember Lhotka inquired why the staff was recommending an indefinite continuation of the hearing. The City Attorney replied that he is currently negotiating with the other side for a settlement and is also awaiting an appraisal, and he would rather put the item on the agenda when it is ready rather than setting a date at which it may have to be continued again. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to continue for an indefinite period of time the public hearing on the Proposed Assessment for 51st Avenue Water Main Improvement Project No. 1982 -07. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on Proposed Assessment for Storm Sewer Improvement Project No. 1980 -24 (67th Avenue North Storm Sewer Extension) to the October 3, 1983 City Council meeting. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Amending 1983 Employee Position and Classification Plan and explained that the resolution provides for the establishment of a maintenance worker position as provided within the 1983 budget for the Government Buildings Division. The Director of Public Works explained that he believes it is necessary to designate one individual to be responsible for the maintenance of equipment in City hall and other locations in the City. Currently, he pointed out, there is no one person specifically responsible and that by designating one employee the individual will be responsible for the maintenance of the mechanical, electrical, and plumbing 9 -26 -83 -10- systems in the City owned buildings. He pointed out that`two of the five present custodians have achieved the required engineer's license required for the maintenance worker, position. He noted that in the current job descriptions custodians are not specifically responsible for the maintenance of mechanical equipment in City buildings. Councilmember Lhotka requested information comparing the cost of the maintenance worker position with accomplishing the work through an outside contractor. The Director of Public Works explained that the cost comparison would be difficult to develop on the basis of current costs. He noted that on the basis of wage rates the maximum salary increase over the custodian position is $3,600 per year, not including fringe benefits, and added that the maintenance worker on staff will allow the City to establish a preventive maintenance program and will save dollars on this basis. The Director of Finance stated that it is difficult to compare the cost between in- house and outside contractors since some of the maintenance on equipment was not done in the past, and that in the past the City relied on outside contractors completely. The City Manager explained that the boiler and mechanical systems in the City hall are 10 and 12 years old, and that preventive maintenance was not addressed in the past, and some major repairs could possibly have been avoided in the past if a preventive maintenance program were in place. Councilmember Lhotka stated that he would support a preventive maintenance program but inquired how long it would take for the maintenance worker to assume full responsibility. The Director of Public Works explained that the training would entail two to four three -day seminars at approximately $100 per seminar, for a total cost under $1,000. He noted it would probably take one year to develop a full preventive maintenance schedule, and two to three years for the maintenance worker to achieve full proficiency in a preventive maintenance program. After further discussion by Councilmembers, Councilmember Theis stated that he would have to support the staff recommendation in this instance, including the approach to the development of preventive maintenance programs. RESOLUTION NO. 83-146 Member ich Theis introduced the following resolution and moved its adoption: RESOLUTION 94MDING 1983 EMPLOYEE POSITION AND CLASSIFICATION PLAN 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. ORDINANCES T ORDINANCE GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASOIOS , OPERATE, REPAIR AND MAINTAIN FACILITIES AND FQUIP T FOR THE TRANSPORTATION, DISTRIBUTION, FA NUFACTURE AND SALE OF GA PT1RGY - 77 =,1TPR E USE T SE THE .?'I l�B��C GITU THE CITY OF IMM= fiT T, CRUZ,' ATIP�L'H IS TI55 1 117L d[LVr 9 -26 -83 -11- Mayor Nyquist opened the meeting for the purpose of a public hearing on the ordinance, and inquired if there was anyone present who wished to speak at the public hearing. No one appeared 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 the ordinance. Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83-13 Member Gene Ihotka introduced the following ordinance and moved its adoption AN ORDINANCE GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EOUIRTENT FOR THE TRANPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF BROOKLYN CENTER, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Ihotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDTNA14CES REGARDING SPECIAL USES IN THE C2 ZONING DISTRICT Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Special Uses in the C2 Zoning District. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Ihotka to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Special Uses in the C2 Zoning District. Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83-14 Membe�lia cott introduced the following ordinance and moved its adoptions AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SPECIAL USES IN THE C2 ZONING DISTRICT The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW LOW -RISE OFFICE MS IN THE R3 Z NIN IT =TT B LA ' ' I =S 9 -26 -83 -12- Mayor 11yquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Ch of the Ci ty Ordinances to Allow Low -Rise Office Uses in the R � p 35 ty 3 Zoning District by Special Use Permit. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember I,hotka to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Allow Low -Rise Office Uses in the R3 Zoning District by Special Use Permit. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed uananimously. Councilmember Hawes commented that he had received a call from an attorney, representing an individual in the area of the proposed development by Cramer Company, and that the individual expressed a concern regarding the driveways of persons living along Brooklyn Boulevard and the affect the increased traffic may have for people entering and leaving their property. ORDINANCE NO. 83 -15 Member Scott introduced the following ordinance and moved its adoption: AN ORDINANCE Ah1ENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW LOW —RISE OFFICE USES IN THE R3 ZONING DISTRICT BY SPECIAL USE PERMIT The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 8:50 p.m. and reconvened at.9:07 p.m. DISCUSS ITEMS AfiT TRDINANC A1 11TDING THE BROOKLYN CENTER CITY CHARTER The City Manager explained that this item was discussed at the September 12, 1983 City Council meeting, and consideration of the ordinance amendment was held over to this evening's meeting. The City Attorney stated that he had a recent discussion with Mr. Michael Beauchane, the chairman of the Charter Commission, and that there are apparently only two provisions in the proposed amendments which are still in question. He stated that Mr. Beauchane has indicated that section 5.09 of the Charter will remain unchanged, and that the amendment to section 8.04 was requested by the City Manager and pertains to performance bonds. He noted that the original language in the Charter does not refer to performance bonds, but that the language refers to public contractors bonds which are used to protect the workers on specific projects. He recommended that the word "shall" be placed in the ordinance and that this section refers to public contractors bonds. He stated that it is the request of the Charter Commission to have the Council refer the ordinance back to them for final consideration before it is offered for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember ' Ihotka to refer the Ordinance Amending the Brooklyn Center City Charter to the Charter 9 -26 -83 -13- Commission. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting agatnst: none. The motion passed unanimously. SPONSORSHIP OF 131MGENCY PREPAREDNESS EXPLORER POST Police Chief Lindsay noted that on September 17, 1983, 13 individuals applied for membership to the Explorer Post, and that he would like to recommend that the Explorer Post be sponsored by the City of Brooklyn Center under the activity of Emergency Preparedness. He noted that half the candidates are female and that they would assist in functions of the police department and fire department in disaster situations, such as tornadoes or other disasters, and would free up the police and fire personnel for more 'critical activities. Councilmember Theis asked what age bracket the individuals were in. Chief Lindsay stated that the age of the Explorers' is 14 to 21 yrs. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve` the sponsorship of the Explorer Post by the City of Brooklyn Center under the activity of Emergency Preparedness, and to authorize the City treasurer to accept donations and keep them in a trust account until a treasury is established for the Explorer Post, Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. REVIEW OF CITY POLICY ON ADMINISTRATIVE PERMITS FOR SPECIAL BUSINESS PROMOTIONS UNDER SECTION 35-801 OF THE CITY ORDINANCES 7 e 7i er reFerred Lmembers to the information prepared by the staff and included in the Council's agenda packets. He pointed out that the current permit structure is to allow two 10-day permits for most businesses, except service stations, which are allowed three 30-day permits. He added that the staff believes the Council could allow more promotions but they should not be more than 30 days. Mayor Nyquist inquired whether there were any problems with the existing promotions allowed in the ordinance The City Manager stated that the only problem presented was in a car wash situation and that was solved by putting the car wash, which is usually conducted by some type of community organization outside the permit process. The only other problem, he pointed out, was with regard to merchants not being aware of their time periods. Councilmember Theis stated that he believes the permit periods under the ordinance should be brought closer together, and that he could not see a substantial difference in the nature of a service station and a business like the Goodyear store in Brooklyn Center. Councilmember Lhotka stated that a discrepancy exists now in the ordinance, and that he does not and did not in the past feel what was given to the service stations was justified. He explained that if adjustments are made in the ordinance it should be done on a comprehensive basis, and inquired of the City Attorney whether there was anything the Council could do for the Goodyear store which initiated the request. The City Attorney stated that he believed there was nothing the Council can do unless the Council knows exactly what change in the ordinance would be made. Typically, he pointed out, permits could be granted before the ordinance is adopted if the Council knows what change will b6 made. Councilmember Scott stated that she agreed with Councilmember Lhotka's belief that 9 -26 -83 -14- the ordinance should be reviewed on a comprehensive basis. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to direct the City staff to prepare an Amendment to the City Ordinance Regarding Special Business Promotions under Section 35 -801 of the City Ordinances, and to address the amendment the special the special business promotions allowed under the ordinance in a comprehensive fashion. Voting in favor: Mayor Nyquist, Councilmembers Inotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager stated that the staff would meet with chamber members and come back to the Council' sometime in October. UPDATE ON LIQUOR LICENSE ORDINANCE REVISIONS The City Manager referred Council members to the draft of the staff recommendations for revisions to the City liquor ordinance. He added that cities can be more restrictive than state law but cannot be less restrictive than state statute. He added that the liquor license fees in Brooklyn Center have not been changed since 1968. He also noted that the staff has had two meetings with chamber representatives to discuss the ordinance changes, and that the chamber, along with current license holders, support the concept of keeping the "neighborhood bar" out of the City. He explained the chamber representatives have indicated a preference for a food and liquor split of 60/40 rather than the 50/50 ratio which exists now. He pointed out that the chamber representatives were not representing the official policy of the chamber, but rather were present for discussion purposes. The City Manager pointed out that one option discussed was a sliding fee scale for percentages below the 50/50 split. He 'explained the staff supports a penalty or additional fee for establishments dropping below the 50/50 ratio . Also, he pointed out, the staff supports a reduction of liquor license fees for establishments with higher than a,50/50 split. The City Manager pointed out that the staff supports the maintenance of the 150 seat requirement for a restaurant, the continuation of some type of ratio for food and liquor, and stressed the importance of the license fee amount. Councilmember Hawes inquired whether the Council could issue a 90 day license to establishments to assess the experience of the operator with regard to meeting the ratio requirement. The City Manager stated that, typically, the first 90 days of any operation are not a good indication of operating experience and may be skewed one way or the other. The City Attorney added that he does not think there is a provision in the law for a liquor license less than one year. Mayor Nyquist inquired why liquor licenses are so difficult to revoke once they are granted. The City Attorney stated that where the violation is based on a specific formula a violation is easier to prove, but he pointed out the Minnesota Supreme Court is leading toward viewing the license as a property right. Councilmember Theis then inquired that if a percentage or ratio is adjusted would not the City still have the same problem concerning establishments not being able to meet the ratio. The City Manager stated that he agreed with Councilmember Theis' comments and that changing the ratio or percentage does not solve the problem. Councilmember Theis then inquired if there would be a possibility of instituting a penalty clause for establishments not meeting the ratio.: The City Attorney stated 9 -26 -83 -15 that he does not think the City could do this under the statute since-the statute does not provide for a sliding fee scale. However, he pointed out, it would be possible to have a license schedule which would require different fees for a 40% ratio as opposed to a 45% or any other variation. He added that this could possibly be justified on the cost of services provided to the bar. He added that he would have to research this option further. Councilmember Theis then inquired whether a 10-day suspension would be possible for establishments not meeting the ratio The City Attorney stated that no City has done this but that he believed the City could do it since it would be an automatic revocation if the ratio was not meta Councilmember Theis then asked whether suspension of a liquor license was possible under the existing ordinance. The City Attorney commented that he does not believe it is possible under the City's current ordinance. Councilmember Theis then inquired whether the bowling revenue could be included in the dollar amounts used to meet the ratio. In response to Councilmember Theis' question, the City Attorney stated that the split liquor statute allows the City to license hotels and restaurants, and that the City's regulations should deal only with hotels and restaurants. Councilmember. Scott suggested a possible 60/40 split for bowling alleys and motels, and pointed out that restaurants don't seem to have a problem with the 50/50 ratio. She added-that, in effect, bowling alleys are being penalized for simply being bowling alleys. The City Attorney commented that he believed Councilmember Scott brought up a good point in that a bowling alley is not really a restaurant, and that it raises the problem that the City is currently dealing with. He pointed out that the split liquor statute allows the City to license restaurants and hotels only, and that the present statute was enacted because the legislature assumed that the City of Brooklyn Center wanted to attract hotels and restaurants. The City Manager stated that the staff will try to give the Council something with more flexibility than the current ordinance presents. Councilmember Theis inquired as to the anticipated time table for the ordinance amendment. The City Manager stated that he would anticipate returning to the Council by the second week in October. Councilmember Theis stated that he is concerned with regard to the deadlines presented by ordinance changes, particularly with regard to renewal of liquor licenses at the end of the year. The City Manager indicated that he believes the proposed changes will likely be noncontroversial, and that any controversial items which required further discussion could be deferred to 1984. Mayor Nyquist inquired of the Council members whether they had any problem with changing the 50/50 ratio. Councilmember I,hotka stated that he would have a hard time changing the current ratio on the basis that license holders cannot meet it. Mayor Nyquist recognized Lonni McCauley, Executive Vice President of the Chamber, who stated that the Chamber has to deal with the entire business community, and that one of the current trends she had become aware of in the restaurant business is that younger people are changing their eating and drinking habits and are often eating lighter meals than in the past. She added that this will have an affect on restaurants. She added that she would like to commend the Council on looking at the ordinance changes, and that she would be happy to work with the staff on any proposed 9 -26 -83 -16- revisions to the ordinance. Councilmember Hawes inquired of Ms. McCauley whether she would have any problem with changing the license fees if the ratios were also changed. Ms. McCauley stated that she would view this as a trade -off. Councilmember Theis requested the City Manager to also survey other cities with split liquor. PUBLIC HEARING ON 1984 CITY BUDGET Mayor Nyquist reconvened the budget hearing on the proposed City budget for 1984. The City Manager referred Council members to M&C No. 83 -7 dated September 22, 1983 regarding an update on the 1984 proposed budget. Councilmember Theis inquired what type of policy the City has with regard to license fee changes. The City Manager explained that thus far the City has revised its license fee schedule on an intermittent basis, and pointed out that the largest revenue source from license fees is the liquor license fees. He added that the staff has not kept the fees up- to- date, and has focused primarily on the expenditure side of the budget rather than the revenue side. Councilmember Theis stated that he , was concerned that the rates should be evaluated on a regular basis, and added that he believed the amount of the fee should be set to defray any costs of issuing licenses, which has been the traditional philosophy of license fees. Councilmember Lhotka stated that he would like more adequate information with regard to proposed attorney's fees for 1984 than was given in the City Attorney's letter. He added that he believes the costs are getting out of line and that he is concerned with the high cost of legal services. In response to Councilmember LhotkaI s inquiry, the City Attorney stated that the civil work done for the City has not increased that much, but that the criminal work began to exceed the civil work approximately three years ago, due in part to increased DWI enforcement. He also pointed out that in 1984 the City Attorney's office will be prosecuting gross misdemeanors which the County Attorney has handled previously. He explained that there has been a lot of business in the criminal area and that prosecutors generally find it difficult to cut back on criminal cases. He added that 1200 to 1300 hours have been put in on criminal work this year. The City Manager pointed out that the hourly cost charged by the City Attorney is generally in the middle or lower range of the law firms in the metro area. Police Chief Lindsay stated that his office has asked the prosecutor when plea bargaining, to consider fines. Also, he pointed out, judges are concerned that a defendant can buy a reduced fine from DWI to careless driving. Finally, he pointed out, Brooklyn Center now has two court days per week and not one as in the past. Councilmember Lhotka stated that he is aware that the costs are hard to predict but posed the possibility that the Council may decide to put the legal services out on bid. Councilmember Lhotka stated that he would like the Council to address the issue of funding the senior citizens choir. Councilmember Theis stated that he believes the senior choir is a good thing for Brooklyn Center, and that the City has not used the group as much as it should. He added that, generally, the Council has not put in new programs in this year's budget but that he would like some support given to the 9 -26 -83 -17- choir. Councilmember Scott stated that she agreed with Councilmember Theis and that she believed the senior choir is worthy of support. Councilmember Lhotka stated that the Council has cut funds to other groups in the past, including the band and children's chorus. Councilmember Theis stated that the City does give something to the other groups, and that the groups have been cut back but not eliminated from the budget Councilmember Hawes stated that he would like to see --t-his-organization supported financially. Counbilmember Hawes stated that he would like to see some type of guidelines developed for the funding of groups, such as the senior choir. The City Manager explained that guidelines could be developed but typically these types of guidelines are subjective and difficult to establish. Councilmember Hawes suggested that perhaps criteria such as the number of years the organization has been in existence could be considered when funding. Mayor Nyquist,recognized Ms. June Scofield, director of the senior choir, who stated that the seniors now pay $6 per quarter for registration for the senior choir and a dollar for bus rides to performances - She added that approximately one half of the cost of the group is paid for by its membership. The City Manager stated that one of the problems, if criteria are established, is that any group meeting them could conceivably be funded . He added that he would try to develop some type of guidelines for the Council's consideration. Councilmember Theis stated that he would like to match Brooklyn Park's contribution to the senior choir which is $400, and that he hoped that the activities of the senior choir would be promoted in Brooklyn Center. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to include funding in the 1984 budget for the senior choir in the amount of $400. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Theis requested the City Ma ages to review the proposed year 2000 study. The City Manager stated that he would recommend that a committee or committees be established within the community to develop the project with a coordinator hired to do the "legwork" for the project. He added that the committee would give the direction and the coordinator would carry out the direction. He pointed out an example where the staff could provide trends on the housing stock in the City, and the committee could give direction on recommended policy for how to maintain adequate housing. Mayor Nyquist stated that the project may be a candidate for the public /private partnership task force. Discussion continued regarding the year 2000 study, and there was a general consensus of Council members to support the .study. Mayor Nyquist opened the meeting to a discussion of the City's dues paid to the League of Minnesota Cities. The City Manager stated that he has a meeting with League of Minnesota Cities officials scheduled next week. Councilmember Lhotka noted that there was a fluctuation in the ad valorem levy stated in the budget for years 1981 and 1982. The Director of Finance stated that he 9 -26 -83 -18- i i would double check the figures and respond to Councilmember Lhotka's inquiry. The City Manager stated that if the Council wants to approve the budget it can direct the staff to prepare a resolution for its October 3, 1983 meeting which would also document the changes directed by the Council. Mayor Nyquist noted a letter from the league of Minnesota Cities regarding the possibility that state aids maybe restored. The City Manager stated that the state legislature has not been known for the predictability in the past, and that the staff will research this as to the likelihood of restoring the $185, 000 in state aids which had been cutback. The Director of Finance, in response to Councilmember I,hotka's inquiry, stated that the actual levy in 1982 should be $2,182,365. There was a motion by Councilmember Zhotka and seconded by Councilmember Hawes to direct the staff to prepare a Resolution Adopting the 1984 Budget and which would reflect the changes directed by the City Council. Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: _none. The motion passed unanimously. A DJOURNM EN T There was a motion by Councilmember Scott and seconded by Councilmember I,hotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Zhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :10 p.m. e • mayor f 9 -26 -83 -19-