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HomeMy WebLinkAbout1983 04-11 CCM Regular Session MINUTES OF �U PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CR TER IN THE COUNTY OF HE ZEPIN AND THE STATE OF MINISOTA REGULAR SESSION APRIL 11, 1983 CITY HALL CALL TO ORDER Me 5roo1F1YF City Council met in regular session and was called to order by 11ayor Dean Nyquist at 7:35 P.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Planager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistant Tom Bublitz. OPEN FORUM Mayor Flyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CON SENT AGENDA Mayor Nyquist inquired whether any of the Council members requested any items removed from the Consent Agenda. None of the Council members requested any items removed and the Mayor entertained a motion to approve the Consent Agenda. APPROVAL OF MINUTES MARCH 14 1983 MARCH 28, 1983 There wasa motion by Counciaember Scott and seconded by Councilmember Theis to approve the minutes of the City Council meeting of March 14, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Ccancilmember Scott and seconded by Councilmember Theis to approve the minutes of the City Council meeting of March 28, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none.. The motion passed unanimously. LICENSES T e�i re was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Baskin Robbins - 31 Flavors Brookdale Center Berean Evangelical Free Church 6625 Humboldt Ave. Big -Bi Service Station 5710 Xerxes Ave. N. Bridgeman's Brookdale Center Bridgeman's 6201 Brooklyn Blvd. Brookdale Plitt 2501 County Rd. 10 Brooklyn'Center Country Boy 4401 69th Ave. N. Brooks Superette 6804 Humboldt Ave. N. Brother's Brookdale Restaurant Brookdale Center 4 -11 -83 -1- Chuck Wagon Inn 5720 Morgan Ave. N. Chuck's Q. 1505 69th Ave. N. Dayton's Brookdale Center Denny's Restaurant 3901 Lakebreeze Ave. Duoos Brothers American Legion Post 4307 70th Ave. N. Earle Brown Bowl 6440 James Circle Fanny Farmer Candy Shop Brookdale Center Farrell's Ice Cream Parlor 5524 Brooklyn Blvd. Good Earth Restaurant Westbrook Mall Green Mill 5540 Brooklyn Blvd. Holiday Inn 1501 Freeway Blvd. House of Hui 6800 Humboldt Ave N. Howard Johnson Co. 250 Granit Street Ground Round Restaurant 2545. County Rd. 10 Jerry's Brookdale Super Valu 5801 Xerxes Ave. N. Jim & Dee's Donut 7 Coffee Shop 6838 Humboldt Ave. K -Mart 5930 Earle Brown Dr. K -Mart 3600 63rd Ave. N. Lynbrook Bowl, Inc. 6357 Lilac Dr. N. McDonald's 5525 Xerxes Ave. Maid of Scandinavia Co. Westbrook Mall Maranatha Conservative Baptist Home 5401 69th Ave. N. Meriwether's 2101 Freeway Blvd. Nature Food Center Brookdale Center Orange Julius of Brookdale Brookdale Center Peking Place 5704 Morgan Ave. N Perkins Cake & Steak 5915 John Martin Dr. Poppin Fresh Pie Shop 5601 Xerxes Ave. N. Show Biz Pizza Place 5939 John Martin Dr. T- Wrights 5800 Shingle Cr. Pkwy. Taco Towne 6219 Brooklyn Blvd. Thrifty -Scot Motel 6445 James Circle Yen Ching Restaurant 5900 Shingle Cr. Pkwy. GAMBLING LICENSE Class B St. Alphonsus Church 7025 Halifax Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Ave N. MECHANICAL SYSTEM'S LICENSE j Able Mechanical Services 6717 83rd Pl. N. Care Air Conditioning 1211 Old Highway $ Conservenergy Systems, Inc. 65G5 Taft Street Minnesota Gas Company 733 Marquette Ave. Riccar Heating 3095 162nd Lane NW G. Sedgwick Heating & -Air Cond. 1001 Xenia Ave. S. MOTOR VEHICLE DEALERSHIP LICENSE - Class A Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6801 Brooklyn Blvd. North Star Dodge 6740 Brooklyn Blvd. -- i 4 -11 -83 -2- NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Industrial Johnson Controls 1801 67th Ave. N. SIGN HANGER'S LICENSE DeMars Signs 4040 Marshall St. N.E. Naegle Outdoor Advertising 1700 W. 78th St. Nordquist Sign Company, Inc 312 W. Lake St.` Royal Crown Beverage Co. 553 N. Fairview Ave SWIMMING POOL LICENSE Garden City Court Apartments 3407 65th Ave. N. Holiday Inn 1501 Freeway Blvd. Marvin Garden Townhouses 68th and Orchard Moorwood Homeowners Assoc. 5809 Lake Curve In. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING REGARDING THE DESIGN OF A HOUSING DEVELOPMENT PROJECT AND ESTABLISHhH= OF TAX IT?CRE"TETITT FIT ANCING DISTRICT M ayor yquist opened t �e mF eeting o� r the purpose of a public hearing Regarding the ; Designation of a Housing Development Project Pursuant to Minnesota Statutes, Section 462.411 et. seq., the municipal Housing and Redevelopment Act, and the Establishment of Tax Increment Financing District Pursuant to Minnesota Statutes, Section 273.71 to 273.78 Inclusive, the Tax Increment Financing Act. Mayor Nyquist inquired if there -.ras 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. Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIO NO. 83--60 Member Gene Lhotka introduced the following resolution and moved its adoption; RESOLUTION DESIGNATING THE BROOKLYN CENTER HOUSING DE�TELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF MINI ESOTA STATUTES, SECTION 462.411 ET. SEQ. , AND APPROVAL OF THE BROOKLYN CENTER HOUSING AND REDLNT— WPPANT AUTHORITY HOUSING DEVELOPHENT PLAN 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 duly passed and adopted. - 4 -11 -83 -3- I The City Manager introduced a Resolution F,stablishing a Tax Increment Financing Housing District Pursuant to Minnesota Statutes, Section 273.71 to 273.78 Inclusive, and Adopting a Finance Plan for Said Tax Increment financing District. He explained the Brooklyn Center Planning Commission recommended approval of the tax increment financing plan at its March 2, 1 c)83 meeting. He also explained the Hennepin County Board of Commissioners reviewed the tax increment financing plan and commented favorably on the plan. The City Manager pointed out the Hennepin County Board of Commissioners reviewed the plan and that the Board approved the plan r s indicating hat it 'a appe to meet the Board s guidelines for e a tax � PPe � increment district, as promulgated in Resolution Na. 80 -8-729 (R). RESOLUTION NO. 83 Member Celia Scutt introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A TAX INCREMENT FINANCING HOUSING DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 273.71 TO 273.78 INCLUSIVE, AND ADOPTING A FINANCE PLAN FOR SAID TAX INCREMENT FINANCING DISTRICT 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 duly passed and adopted. RESOLUTION NO. 83-62 Member Gene introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE COUNTY AUDITOR TO CERTIFY THE ORIGIPTAL ASSFSSED VALUE OF THE REAL PROPERTY` WITHIN THE BOUNDARY OF THE BROOKLYN CENTER HOUSING AND REVEDEVELOPMENT AUTHORITY TAX. INCREMENT FINANCING HOUSING DISTRICT 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 Rash Theis; and the following voted against the same: none, whereupon said resolution was declared " duly passed and adopted. RESOLUTION NO. 83 - Member - Rlch - '�Fii ei ntroduced the following resolution and moved its adoptions RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -E (BROOKWOOD DEVELOPMENT IMPROVEMENT PROJECT NOS 1983 --04 AND 1983 -05 AT SIDEt�IALK IMPROVEMENT PROJECT N0. 1983 -06) 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 explained that the Elderly Housing Project Citizen's Committee worked very hard and did a tremendous job on the project. 4 -11 -83 -4- There was a motion by Councilmember. Lhotka and seconded by Councilmember Theis. to authorize the staff to draft a resolution of commendation for the members of the Elderly Housing Project Committee. Mayor Nyquist expressed his thanks to the members of the committee and stated that the project was a unique one, and one that would add much to the City of Brooklyn Center. Mayor Nyquist recognized T Phil Cohen who expressed his thanks to the committee members and staff for their efforts in the project. He added that he would particularly like to commend Mr. Brad Hoffman and the entire City staff for their efforts and pointed out that the project was a total staff effort. He added that he believes the project was expedited by the Council acting as the ERA and that he believed this was the most efficient means to undertake such a project. Ile added that the citizen's group will continue to work on and support the project to its completion. Councilmember Lhotka commended the work done on the project and noted that the project was a community effort and expressed appreciation for the community support of the project. RESOLUTIONS The City Manager introduced a Resolution Accepting Bid and Approving Contract for Contract 1 983 -D (63rd Avenue Water Main Improvement Project No. 1983 -02) and explained that the staff is requesting tabling consideration of the resolution until a more complete reference check of the contractor can be accomplished. RESOLUTION NO. 83 - Member Gene Lhotka introduced the following resolution and approved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF OUTSTANDING DISBURSEMENT CHECKS NOT CASHED _ 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. QUIT CLAIM DEED - EVERGR= ESTATES The City Manager stated that the staff is recommending the Council pass a motion authorizing the Mayor and City Manager to execute a quit claim deed for the purpose of clearing title to Lot 1, Block 5, Evergreen Estates. The Director of Public Works reviewed a plat of Evergreen Estates and explained the City raded property in the development for the purpose of right of way acquisition. Y p l y A p p � y He pointed out that in order to clear the title for the property in question a change in the legal description is required. He explained the change involves an error of 3/100 of a foot in the initial description, and that the title company has refused to give title to the property because of the error. He explained the property involved is the portion conveyed to the developer. RECESS ' e r Center City Council recessed at 7:52 p.m. and reconvened at 8:10 p.m. 4 -11 -83 -5- ' I ORDINANCES AN ITE AMENDING CHAPTER 35 OF TIE CITY ORDINANCES CLASSIFYING CERTAIN IkND AS BEING WITHIN THE Raj AND t260 -]`oG I DISTRICT". o fii yioanager explaineotn p er y referred to in the ordinance is located in the elderly housing project area and that the public hearing on the ordinance is scheduled for April 25, 1983. There was a motion by Councilmember Scott and seconded by Councilmember I,hotka to table consideration of An Ordinance Amending Chapter 5 of the City Ordinances g p 3 y Classifying Certain Land as being within the R3 and R6 Zoning District to the regularly scheduled City Council meeting of April 25, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AID? ORDIYANCE VACATING FREMONT AVENUE NORTH FROM 62ND AVENUE NORTH TO FAI 94 The City Manager explained the ordinance provides for vacation o blic interest for Fremont Avenue North through the Brookwood Addition, the Housing Redevelopment Project area. He added that affected property owners have been notified and notice of the hearing has been published in the official newspaper. He explained the ordinance was first read on February 28, 1983, published on March 10,1983, and scheduled for public hearing this evening. He recommended that the Council table consideration of the ordinance until April 25, 1983. Mayor Nyquist opened the meeting for the purpose of a public hearing on the ordinance. No one appeared to speak at the public hearing and he entertained a motion to close the public hearing. There 'vms a notion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to table consideration of An Ordinance Vacating Fremont Avenue North from 62nd Avenue North to FAI 94 until the regularly scheduled Council meeting of April 25, 19 Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against; none. The motion passed unanimously. A' - , \ T . ORDINANCE AN'ENDING CHAPTER 35 OF THE CITY ORDINANCES ESTABLISHING FLOOD PLAIN USE PERMIT FEES The City Manager explained the ordinance was first read on March 14, 1983, published on March 24, 1983, and is recommended for a second reading this evening. He explained a public hearing on the ordinance has been scheduled for 8 :00 p.m. this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Establishing Flood Plain Use Permit Fees. 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 Scott and seconded by Councilmember Ihotka, to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Establishing Flood Plain Use Permit Fees. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 4 -11 -83 -6- , ORDITTAI`CE NO. 83 -5 e Ter ilia Scot introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES ESTABLISHING FLOOD PLAIN USE PERMIT FUS ' The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene I,hotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. RESOLUTION NO 83 -65 Member Gene Lhotka introduced the following . resolution and moved its .adoptions RESOLUTION AMENDING CITY COUNCIL RESOLUTION N0. 81 -123 ESTABLISHING FLOOD PLAIN USE PERMIT FEES 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= AN ORDINANCE AMENDING BY REfiF' T CE THE NORTHWEST SUBURBS JOINT CABLE COY2UTICATIONS ORDINANCE PRESCRIBITZ PFT TIES FOR V NS: PROVIDING FOR ADMINISTRATION A ND F21` O7C D'fII�T AND PERIODIC REVIE47 The City Manager explained the ordinance was first read on March 14, 1983, published on March 24, 1983 with a public hearing scheduled for 8 :00 p.m. this evening, Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Adopting by Reference the Northwest Suburbs Joint Cable Communications Ordinance: Prescribing Penalties for Violations: Providing for Administration and Enforcement and Periodic Review. 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 Coancilmember Theis and seconded by Councilmember Hawes to close the public hearing on An Ordinance Adopting by Reference the Northwest Suburbs Joint Cable Communications Ordinance: Prescribing Penalties for Violations: Providing for Administration and Enforcement and Periodic Review. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83-6 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE ADOPTING BY REFERENCE THE NORTHWEST SUBURBS JOINT CABLE COMMUNICATIONS ORDINANCE: PRESCRIBING PENALTIE'S FOR VIOLATIONS: PROVIDING FOR ADMINISTRATION AND ENFORCEMENT AND PERIODIC REVIE6J The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor: 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. 4 -11 -83 -7- GAMBLING LICENSE — ST. ALPIIONSUS CHURCH There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the class B gambling license for St. Alphonsus Church. Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember I:hotka and seconded by Councilmember Scott to waive the $10,000 fidelity bond for the gambling license for St. Alphonsus Church. Voting in favor: Mayor Nyquist, Councilmembers Ihotka,. Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The City Manager reviewed the Kaleidoscope event held on April 10, 1983 and briefly discussed the City's participation in Kaleidoscope. He also reviewed for Council members some of the implications of rescue and recovery with regard to water use accidents. He explained that there are several possibilities for technology and methods which could be used in situations of water accidents including divers and electronic locaters. He added the staff is preparing a report for the Council on this subject. PLANNING COi1I1ISSI0N ITEMS PuAr PIING CO AT -I SSI N APPLICATION NO. 83011 SUBTTITTED BY ROBERT ADEIU -ZANN (DUKE'S S 4T?DARD) FOR SITE AND BUILDITTG PLAN SPECIAI, USE PERMIT APPR VAL TO CONSTR AN 8' X 25' AD TI N TO THE SOUTH END OF THE EAST WING OF THE SERVICE ST ATION AT 6501 R UMBUI T AVE2ME YORTH The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 2 of the March 31, 1983 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 87011. The Director of Planning & Inspection reviewed the location and zoning of the subject parcel, and explained that gasoline service stations are special uses in the C2 zone. He also reviewed the location of the proposed addition and the recommendations of the City's Building Official. with regard to improving handicapped accessibility in the project. The Director of Planning & Inspection stated that a public hearing was held by the Planning Commission on March 31, 1983, and that after the public hearing, the Planning Commission recommended approval of the application subject to four conditions which he reviewed for Council members. He added that a public hearing is required this evening, that the proper notices had been sent, and that the applicant wa.s present this evening. Councilmember Lhotka commented that, since fire sprinklers are already required in the building, he suggested adding it as a condition for approval. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83011 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and lie entertained amotion to close the public hearing. 4- -11 -83 -8- There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 83011. Voting in favor:. Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 83011 subject to the following conditions: I. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 5. The existing fire sprinkling system shall be extended into the building addition in accordance with Chapter 5 of the City Ordinances. PLANNING C0114ISSION APPLICATION 1?0. 83012 SUBMITTED BY SANVER MMSON FOR A SPECIAL, U SE Pa 4IIT TO CONDUCT A SPYIALL EDTGIITE REPAIR H' ME CCUPTT N IN THE GARAGE RESUEI\TCE AT 1112 DURSON LANE NORTH The Director of Planning & Inspection presented and reviewed for Council members` pages 2 through 4 of the March 31, 1983 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 83012. The Director of Planning & Inspection reviewed the special use permit request, the letter of the applicant requesting the special use and also the location of the subject parcel. The Director of Planning & Inspection explained the staff has noted that ten special use home occupations have been issued in the last 15 years, none of which present any problems to date. With regard to Application No. 83012, the Director of Planning & Inspection explained that the City's Building Official recommended the addition of one condition for approval which concerned the relocation of the gas furnace to meet the mechanical code requirements. He explained the Planning Commission held a public hearing on Application No. 83012 at its March 31, 1983 meeting, and that after the public hearing the Planning Commission recommended approval of the application subject to six conditions which he reviewed for Council members. He added that a seventh condition be added which would state that the gas fired furnace shall be relocated in a manner consistent with the mechanical code subject to approval of the City's Building Official. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning 4 -11 -83 -9- Commission Application No. 83012 and inquired if there was anyone present wto v,Lshed 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 Planning Commission Application No. 83012. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. In discussion of Planning Commission Application No. 83012, Councilmember Lhotka stated that he would like to see the Saturday hours cut back to 6:00 p.m. for consideration of the neighbors. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Application No. 83012 subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds r revocation. evocation. i 3. The hours of operation shall be from 9:OO a.m. to 8 :00 p.m. Monday through Friday, and 10:00 a.m. to 6 :00 p.m. Saturday. 4. All parking associated with the home occupation shall be off- street on improved space on the property. 5. A 5 lb. fire extinguisher shall be installed in the area of the home occupation prior to the issuance of the permit. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. The gas furnace located in-the garage shall be relocated in a manner consistent with the mechanical code subject to the approval of the City's Building Official. In discussion of the motion, Councilmember Hawes inquired whether the applicant plans to work on the motors with the doors closed or open. The Director of Planning & Inspection stated that it will probably be done both ways and pointed out that he believes only two properties will be affected by any potential noise. Councilmember Hawes then expressed a concern that perhaps the doors should be closed when the engines are being operated. The applicant responded to Councilmel!1 Hawes by stating that the garage door opens to the west which faces a church p € asking lot. Councilmember Hawes stated that his only concern was to to protect the neighbors from excess noise. Councilmember Lhotka commented that there is protection in the special use permit, and if complaints are received, the Council could -Pga n review the permit. The Director of Planning & Inspection pointed out that if complaints were received the staff would try to resolve them with the applicant. Upon vote being taken on the motion, the following voted in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes,and Theis. Voting against: none. The motion passed unanimously. I 4 -11 -83 -10- ADJOUR;MENT There was a motion by Councilmember Scott and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyguist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:55 p.m. Clerk Mayor 4 -11 -83 -11-