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HomeMy WebLinkAbout1983 05-09 CCM Regular Session MINUTES OF THE PROCEEDINGS OF TIM CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 9, 1983 CITY HALL CALL, TO ORDER The 1 3roolE y enter City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Ihotka, 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, City Assessor Peter Koole, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Assistant Pastor Stan Hunt of the Brookdale Covenant Church. OPEN FORUM Yayor Nyquist noted the Council had received a request to use the Open Forum session this evening from Mr. Larry Roen, 6700 France Avenue North. Mr. Roen stated that he had recently observed a traffic counter on France Avenue between 69th and 67th, and would like to learn what is being done in this area with regard to traffic problems. He added that during rush hour the traffic problems in the area are a potential danger to children in the area and inquired whether a dead end sign on Grimes could possibly help the situation. He added that he was concerned about the traffic and the children in the area. Mayor Nyquist commented that the City is doing traffic studies in this area. The Director of Public Works explained that the traffic counts being taken at 69th and France are intended to determine whether a traffic signal or four -way stop is warranted at that intersection. He added that he would also check out signing in the area as Mr. Roen has requested. The City Manager added that the City has also observed the traffic problems in the area and is now conducting traffic studies in the area to help resolve them. CONSETIT AGENDA Mayor Nyquls inquired whether any of the Council members requested any items removed from the Consent Agenda. Councilmember Lhotka requested that item 7a be removed from the Consent Agenda. APPROVAL OF MINUTES - APRIL 25, 1983 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of April 25, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. R ESOLUTIONS RESO LUTION NO. 83 -78 Member Celia Scott introduced the following resolution and moved its adoption: 5 -9 -83 -1- I RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO INTFR INTO AGFi�� �1 WITH THE BROOKLYN CENTER AMERICAN LITTLE LEAGUE PROVIDING FOR UTILITY SF.RVICF FY m,' BROOKLYN TO ITS SITE 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. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. B.C. American Little League 6800 France Ave. N. B.C. Evangelical Free Church 6830 Quail Ave. N. B.C. National Little League 5312 Oliver Ave. N. Burger Brothers 5927 John Martin Dr. 6912 Brooklyn Blvd. Denne's Market Faith Community Church of God 6630 Colfax Ave. N. Fisher Food Products 6800 shingle Cr. Pkwy. General Cinema Corp. 5801 John Martin Dr. Grecian Health Spas 2920 County Rd. 10 Lutheran Church of the Master 1200 69th Ave. N. Service Systems Corp. Soo Line Bldg. 5910 Shingle Cr. Pkwy. N.W. Bell 7- Eleven 1500 69th Ave. N. U.A. Theaters 5800 Shingle Cr. Pkwy. Winchell's Donut House 1912 57th Ave. N. i i j GAMBLING LICENSE - Class B B.C. American Little League 6100 Vincent Ave. N. MECHANICAL SYSTEMS LICENSE Abel Heating, Inc. 266 Water St:. Alaskan Air Conditioning 1200 Chestnut Ave. D & D Anderson Heating R.R. #4 Box 254 Berghorst Plumbing & Heating 10732 Hanson Blvd. Central Heating & Air Conditioning 1971 Seneca Rd. Dependable Heating 2615 Coon Rapids Blvd. 1010 Currie Ave. Hayes Contractors, Inc. 8733 Humboldt Ave. N. Furnace Care Inc. Northwest Service Station Equip. 2520 Nicollet Ave. NO NPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest Inc. 1189 Eagan Ind. Rd. 2605 Co. Rd. 10 Pyramid Gas 5 -9 -83 -2 -- OFD' -SALE NONINTOXICATING LIQUOR LICENSE Denne's Market 6912 Brooklyn Blvd. SIGN HANGER'S LICENSE LeRoy Signs, Inca 6325 Welcome Ave. N. Signcrafters Outdoor Display, Inc. 7775 Main St. N.E. SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Ave. Chippewa Park Apts. 6507 Camden Ave. N. Columbus Village Apts. 507 70th Ave. N. Lyn River Apts. 201 65th Ave. N. Twin Lake N. Apts. 4536 58th Ave. N. Village Properties 2817 Silver Lane.N.E. Evergreen Park Apts. 7200 Camden Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Receiving City Engineer's Report, Establishing Brookdale Trailway Improvement Project No. 1983 -08, Approving Plans and Specifications and Ordering Advertisement for Bids (Contract 1983 -G). Councilmember Lhotka inquired why the trailway surface will be concrete rather than asphalt. The Director of Public Works replied that there will be a substantial amount of pedestrian traffic in the area and the trail will be located behind the curb and gutter. He added that the concrete surface would serve to separate the trailway from the bituminous roadway. He pointed out the trailway will be going through the Brookdale area where some concrete is in place already. He explained the trailway will be going through the Brookdale area near the Ground Round, Dayton's Home Store, and the Pyramid Gas Station. RESOLUTION NO. 83 -79 Mem�ene -- T o is introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING BROOKDALE TRAILWAY IMPROVEMENT PROJECT NO. 1983 -08, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1983 -G) 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 Approving Change Order for Central Park Landscaping Project (Contract 1982 -L) and explained that the resolution provides for additional landscaping in Central Park. The City Manager pointed out that the additional plantings are proposed because the initial plantings did not adequately cover the area. 5 -9 -83 -3- i The Director of Public Works reviewed the items proposed in the resolution, including additional plantings around the playlot and basketball court, and additional wood mulch in the areas where trees are grouped in the park. He explained the mulch is being added to reduce the amount of mowing in the park. Additional items proposed in the resolution, included plantings in the area where the pedestrian bridge crosses I -94, and additional plantings to reduce mowing and maintenance in other areas of Central Park. He added that the $4,000 proposed change order is within the project budget established for the project. RESOLUTION NO. 83-80 Member Celia Scott introduced the followin g resolution and moved its adoption: RESOLUTION APPROVING CHANGE. ORDER NO. 1 TO CONTRACT 1982 -L (CENTRAL PARK IMPROVU - -ENT PROJECT NO. 1982 -24) 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. AMEUDY07 TO EXPLOSIVES PERMIT FOR LAY1\rE MINNESOTA COMPANY The City Manage r explained the City Council a:athorized an explosives permit for the Layne Minnesota Company on March 14, 1983, and explained that the amendment proposed this evening would allow for on site storage of blasting materials in accordance with established federal regulations, and also the waiver of prior notification of residents during blasting operations. The Director of Public Works stated that the Layne Minnesota Company has requested the Council to reconsider condition Nos. 7 and 8 of the original conditions for � approval of the explosives permit. He explained that It is the contractor's experience that many more claims will be filed with the contractor's insurance company if people are notified in advance of the blasting operation. Also, he stated, the contractor has indicated that the transporting of the explosives materials is more dangerous than the storage on site, and added that the storage area used by the contractor meets all state and federal regulations with regard to storage of explosives. Councilmember Scott inquired as to the size of the container. The Director of Public Works replied that the storage container was 5' to 6' long and 3' high and wide. He added that the container is made of 1 plate steel and heavy timbers and weighs approximately 2 tons. Councilmember Hawes asked if the container exploded would the 50 lbs. of dynamite blow the container apart. The Director of Public Works explained that the container would be blown apart but that the state and federal regulations limit the distance the container can be placed from residential areas in the event of such an occurrence. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to amend the conditions regulating discharge of explosives in Brooklyn Center, Minnesota for the Layne Tinnesota Company approved by the Brooklyn Center City { Council on March 14, 1983 in the following manner: 5 -9 -83 -4- 1. Condition No. 7 approved by the City Council on March 14, 19,83, requiring that Layne Minnesota Company shall notify all residences within 200 24 hours in advance of all blasting operations shall be deleted. 2. Condition No. 8 of the conditions approved by the Brooklyn Center City Council at its March 14, 1983 meeting shall be amended to allow the on site storage of blasting materials during the blasting operation conducted by Layne Minnesota Company for the development of water supply well No. 9 with the stipulation that storage of blasting caps will not be permitted. Storage of blasting materials shall comply with all applicable federal, state, and local codes and the City Engineer and Chief of Police shall be authorized to approve the proposed location of the storage vessel to insure all code requirements are met. EXPLOSIVES PERMIT FOR HOWE INC. The City Manager introduced the next agenda item which was consideration of a permit for the use of explosives in Brooklyn Center by Howe, Inc. He explained the permit is a renewal of a permit and conditions developed as part of the lawsuit with Howe, Inc. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the permit for the utilization of explosives in Brooklyn Center by Howe, Inc. subject to the following conditions: 1. The permit is issued to Howe, Inc., 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. Howe, Inc. shall continue to use a two component compound, kinestik, or a similar two component compound. 3. Howe, Inc. shall comply with all applicable federal, state, and local legislation governing the g g g transportation, stor e handling, and > of explosives. 4. Howe, Inc. shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to Howe, Inc. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire May 9, 1984• Voting in favor: Mayor Nyquist, Co'uncilmembers Lhotka., Scott, .Hawes, and Theis. Voting against: none. The motion passed unanimously. 5 -9 -83 -5- DISCUSSION ITEMS PRI:LIf< WARY Rf �II.t�W OF 1983 BOARD OF EQUALIZATION MEETING The City Manager introduced the first discussion item and explained that the staff is proposing some changes in the manner of conducting businesss for the Board of Equalization. The City Assessor reviewed the proposed changes in the procedures for conducting the 1983 Board of Equalization. He explained that, as the volume of people attending the Board of Equalization meeting increases, it will be more difficult to deal with each request at the meeting. He reviewed the staff recommendations for changes in the procedures which included two types of registrations at the meeting, one with an appointment, and one without an appointment. He added that those without an appointment would not present their case on June 6 but that the staff would contact the individual and make a report to the Council, and the individual would be invited back at the next meeting. He added - that the procedures are being proposed in order to save time. In response to a question by Mayor Nyquist, the City Assessor explained that the calls received on the valuation notices have been heavier than last y ear. Councilmember Theis stated he is concerned that people would not get a chance to be heard if they had not made a previous appointment. He added that, at some point people showing up at the meeting should be allowed to be heard, since they made the effort to come to the meeting. The City Manager explained that many times the problem or question individuals bring to the meeting can be solved by a meeting with the Assessor or his staff. He added that the procedures proposed by the staff are an attempt to help in this area to make the process run smoother. The City Assessor pointed out that other municipalities and jurisdictions, such as Minneapolis and Hennepin County, use the appointment system because of the large volume of individuals attending the meeting. Councilmember Lhotka stated that, he believes the staff proposal is a good idea, but that he has the same concern as Councilmember Theis with regard to individuals being allowed to be heard at the meeting. Mayor Nyquist stated that he believes there should be some flexibility to hear home owners attending the meeting as expressed by the concern of Councilmembers Theis and Lhotka. There was a general consensus of Council members to maintain flexibility in the procedures for allowing home owners to express their concerns at the Board of Equalization meeting. PLANNING COTIISSION ITEMS PLANYVING COPvTIISSION APPLICATION 110. 83013 SUFFMITTED BY STAI T. HAIR1 FOR A RELII'41Il1A PIS APPR `i' SUBDIVIDE IPiTO Tiff OTS T PAR FL = 1 D LZlTaI� Br, ��'II;I GRIMES AND HALIF AVFT1liI;S I ORTH, T?ORTH OP -69TH AVE1,T1JE NORTH i'h erector of Planning _nsf pect presentee and review�r�ouncilembers pages 1 through 2 of the April 28, 1983 Planning Commission meeting minutes, and also the two Planning Commission information sheets prepared for Application Po. 83013. He proceeded to review the request for subdivision and reviewed the location of the subject parcel for Council members. He explained the proposal is to divide the parcel into three lots. The Director of Planning & Inspection reviewed a x - 5 -9 -83 -6- transparency of the preliminary plat for Council members. With regard to zoning of the subject parcel, the Director of Planning & Inspection explained the property is currently zoned R1. The Director of Planning & Inspection pointed gat that the Planning Commission held a public hearing on the application, and that the Commission recommended approval of the application subject to six conditions which he reviewed for Council members. He pointed out that notices of this evening's public hearing had been sent and that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose *of a public hearing on Planning Commission Application No. 83013. He inquired if there was anyone present who wished to speak at the public hearing. Fayor Nyquist recognized Mr. Larry Roen, 6700 France Avenue North, who inquired whether 7' would be enough for the roadway easement. The Director of Planning & Inspection explained that the right -of -way, width on 69th Avenue is 66' , and that the proposal is to increase this right -of -way by 7' on each side of 69th. He added that he believes this will be an adequate right - of -way width for 69th Avenue. 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 Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 83013. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 83013 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 existing barn shall be removed prior to final plat approval. 4. The plat shall be modified to eliminate the 5' wide utility and drainage easements along the north side lot lines of hots 1 and 2. 5. The plat, shall be modified to indicate dedications of 7' of additional rig adjacent to 6th � �Y � 9 Avenue North. 6. The applicant shall enter into a subdivision agreement with the City to provide for the payment of hookup charges and assessments for water at the time residences within the subdivision connect to to water service. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 5 -9 -83 -7- PIJI�TTTIATG COPS1ISSIOIT APPLICATION N0. 83014 ' �tYT?PIITTJ'I? BY I'IRST FEDI'P�1L SAVIi1CrS Pc LAJ�T PRIM? -UP CA `OP ON `MILT; 1'15`1' S1_DF OF TH'F BUI LD_I2. PLANNING COi' <IISSION APPI,TCATTOi' N0 .pU1 SCIF 1ff TITT FY :PTRST FFDIRAL SAVINGS & LOAN 5 liT �1S PROPIfiTY LTEE' DITHER THA4 TIE 15' GREnIT MU�A R I;4 LIIRi D FY IiD . The Director of Planning &;Inspection presented and reviewed for Councilmembers pages 3 through 4 of the April 28, 1 983 Planning Commission meeting minutes, and also the two Planning Commission information sheets prepared for Application Nos. 83014 and 83015. He proceeded to review the location of the subject parcel and reviewed a transparency of the site and building plan for Council members. The Director of Planning & Inspecti_on explained that the primary impact of the proposal is the widening of the existing drive - through area and the addition of teller stations. He also reviewed the proposed realignments of the exits and drives in conjunction with the Planning Commission application. i The Council reviewed and discussed the proposed ingress and egress and general traffic circulation contemplated by the application. Councilmember Theis expressed a concern that too many cars would be stacked in the fourth and fifth drive -up lanes, and the affect the reduced greenstrip may have on snowplowing. The Director of Planning& Inspection noted that there was some storage area capacity on the site for snow. I Counci lmember Theis then commented that the drive - -up lanes might be improved if the rip it -of -way property could be acquired from Hennepin County. The Director of Public Works commented that a copy of the site plan had been submitted to - the Department of Transportation in Hennepin County, and that they had no objections to the site plan ""he Director of Planning & Inspection proceeded to review the variance request proposed in Application No. 83015. He reviewed the location of the sup jest parcel and also the variance request. submitted by the applicant's representative. He referred the Council members to the standards for granting a variance under the City ordinances and reviewed past greenstrip variance requests. He added that the staff recommendation is to grant the variance. The Director of Planning & Inspection explained that the Planning Commission recomu ended approval of Application No. 83015 noting that the application meets the standards for a variance under the ordinance. He also noted the Planning Commission recommended approval of Application No. 83014 subject to ten conditions which he reviewed for Council members. The Director of Planning & Inspection explained that notices of the public hearing on the variance request had been sent and that the applicant is present this evening. i Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83015. Mayor T�Tyquist recognized Ms. Jane Nibbe who responded to Councilmember Theis' question regarding the purchase of right -of -way from Hennepin County. Ns. Nibbe explained that First Federal has had no contact with Hennepin County with regard to the purchase of the right- of -way. Councilmember Theis asked the representative of the applicant whether she sees any problem with the stacking space in the fifth drive -up lane. Ms. Nibbe stated that i 5 --9 -83 _8. she believes the plan has adequate stacking space and introduced Mr. Jim Miller, the project designer, who stated that drive -up lane five has stacking room for one car with one carat - 1 - he teller. He explained the fifth lane will likely be ured. only on heavy days and for pick -ups and campers. lie added that he believes the plan makes the best of the situation with available land. Councilmember Theis inquired whether the applicant would contact Hennepin County for the purchase of the additional rig�it -ate -way. Mr. Miller stated that, typically it takes a great deal of time to get things of this nature resolved, and that First Federal would like to proceed as soon as possible with the project. He added that even with the extra land there would be room for only one additional car. He added that he believes the overall plan can stack up to 34 cars. Councilmember Ihotka inquired how First Federal arrived at five lanes. Ms. Nibbe replied that the first lane is for the commercial teller, and the remaining four lanes can be handled by two tellers since one teller can handle two lanes at once. Mr. Hiller also commented on the snow removal at the site and explained that the snow I is removed from the site. Mayor Nyqu.ist inquired if there bras anyone else 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 Planning Commission Application No. 83015. Voting in favor: Mayor Nyq_uist, Coancilmembers Uhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unani- mously. There was a motion by Councilmember Scott and seconded. by Councilmember Hawes to approve Application No. 83015 on the grounds that the standards for a variance are met. 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 Hawes and seconded by Councilmember Scott to approve Application IZo. 83014 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. 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 improve- ments. 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 5 -9 -83 -9- extinguishing system to meet NT'PA 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. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. Existing curb shall be continued around all parking and driving areas. 9. The applicant shall obtain from the County a temporary construction easement to relocate the slope from the driving lane to the boulevard southeast of the building. 10. If the relocated trees do not survive, they shall be replaced with 2. 112 to 3" diameter trees or greater. Voting in favor: Mayor Yyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The passed unanimously. As an additional request Councilmember Lhotka requested the bank to look into acquiring the right -of -way property from Hennepin County. RECESS T Brooklyn Center City Council recessed at 8 :25 p.m. and reconvened at 8:4-1 p.m. PLAT`!a^TI CO 7US IOTT APPLICATION TTO. 83016 SL'F74TTT BY GLFTT F. SCHUTZ FOR A SPECIAL USE; PTA u %TIT TO OPERATE A ST 2ILL ENGINE REPAIR HOME OCCUPATION ITT THE GAFAGE OF THE RESIL. NCE AT 3801 '721 Ajl rytiE Ii R`_ H City Attorney, Richard Schieffer, and Councilmember Theis returned to the meeting at 8 :42 p.m. Councilmember Hawes returned at 8:43 P.M. The Director of Planning & Inspection presented and reviewed for Council members pages zt through 5 of the April 28, 1983 Planning Commission meeting minutes, and also the Planning Commission inforriation sheet prepared for Application TTo. 83016. The Planning Director proceeded to review the location of the subject parcel and reviewed for Council members the applicant's letter requesting the special use permit. He pointed out the Planning Commission recommended approval of Application No. 83016 at its April 28, 1983 meeting subject to six conditions which he reviewed for Council members. He noted the Planning Commission held a public hearing on the application at which no one appeared. The Planning Director explained that notices of this evening's public hearing had been sent arid that the applicant is present this evening. Mayor hyquist opened the meeting for the purpose of a public hearing on Planning Commission Application T,o. 83016 and inquired if there was anyone present who wished to spe, at the public hearing. No one appeared to speak and he entertained amotion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to 5 -9 -83 -10- close the public hearing on Planning Commission Application No. 83016. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passsed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Application No. 83016 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 for revocation. 3. The hours of operation shall be from 9:O0 a.m. to 6:00 p.m. Monday through Friday, and 9 :00 a.m. to 3:00 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. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. D ITEMS (CONTINUED) �'UY C Rl ,, ' - D CPI�VII�G TFc C7.ty tlana7;er explained that the ceremony for the park system dedication is scheduled for Sunday, June 12, 10,83 at '7:00 p.m. He referred Council members to 1W No. 83 -4 concerning the Central Park dedication, and explained that he thought it would be appropriate to coordinate the park dedication with the Earle Brown Days celebration. He added that, in discussions with the Earle Brown Days Committee, members of the committee expressed the thought that fireworks would be an excellent addition to the celebration and dedication ceremonies. Councilmember Hawes stated that he believes Central Park is the activity center of the City and that a one time expenditure would be in order. He added that he i. bel e ves the City owes it to the citizens of Brooklyn Center to get the start of Central Park off on the right foot. Mayor Nyquist stated that he believes the project deserves some type of recognition. Councilnember Lhotka inquired whether the City was asked to pay all of the costs for a fireworks display. The City Manager replied that the members of the Earle Brown Days Committee came up with the figure of $3,400 to $3,800 and that the Committee's request was for an annual amount. He added that his recommendation was to pay the first year and then let the Committee obtain the funds for future years. He explained that, in checking with other cities, he had found that no City contributed to a fireworks display on an annual basis but that it was done only on special occasions. 5 -9 -83 -11- Councilmember Theis inquired whether the City waald assume any liability if a contribution was made to a fireworks diplsa.y. The City Attorney replied that contributing to a display would probably increase the risk but the use of public facilities for the display would not create as great a risk as if the City contributed. He added that the risk also depends on who brings the lawsuit and who is involved. He pointed out that the City does have insurance to cover this type of exposure. The City Manager stated that some additional coverage may be necessary for the event, and added that the main precaution is to have professionals conducting the display. He explained that typically, the professionals provide their own insurance and name the City as an additional insured. He added that he would like to tie down the costs and the insurance situation with regard to the event and return with a specific recommendation. Councilmember Theis inquired of Mr. Jerry Pedlar, Chairman of the Earle Brown Days Committee, whether he was planning the fireworks display as a one -time event. Mr. ,Pedlar stated that the company that would most likely conduct this display for Brooklyn Center also serves other cities in the area, including Crystal. He added that the cost of the display included a $300,000 liability policy provided by the company. He added that he believes the Earle Brown Days event will bring in people to the community and to local businesses, and that this will be the Earle Brown Days Committee avenue for funding in the future. He added that he is looking at the City's contribution as a one-time contribution. He explained that his intent now is to solicit funds for next year's event. He also pointed out that the cost of the fireworks display would be $3,450 if it was provided by the same company used by the City of Crystal. He added that the Crystal display is done on a much smaller area and that no problems had been experienced in Crystal. He added that there would be fire apparatus stationed in strategic areas in the event that some problem did occur with the display. There was a. motion by Councilmember Theis and seconded by Councilmember Scott to authorize the expenditure of $3,450 for a fire works display to be held in conjunction with the City's park dedication ceremonies, and also to authorize the City Manager to assure that adequate insurance coverage is provided for the event. Voting in favor: Mayor Nyquist, Coancilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PARK REGUI:ATIONS The City I4anager introduced the next discussion item and explained that as signing is being prepared for Central Park, the staff has come upon certain occasi�)ns which require certain signs, such as regulating boating, preventing the disturbing of nesting birds, and other situations that occur ,from time to time in various parts of. the year. He stated he would like to ask the Council to consider language to authorize the City Manager to establish certain regulations which would address these situations. He added that the regulations would be appealable to the City Council, and a.s an example, he pointed out the regulations would cover areas such as "no wading" and "no swimming" restrictions in areas of the creek. He pointed out another area he would like to address is an ordinance which was passed by the City of New Hope and prevents glass containers in the parks. The Director of Parks & Recreation commented that the City of New Hope has experienced reduced amount of broken glass in it's parks. The City Attorney requested direction from the Council regarding the draft7_ng of the ordinance and added that the ordinance could address beverage containers only, thereby, excluding food.containers from the ordinance. 5 -9 -83 -12- The Director of Parks Recreation added that he would also like to look at an ordinance preventing people from bringing trash into the park and leaving it in the containers located in the parks. Council - member Lhotka requested a. clarification of the staff request. The City Manager explained the ordinance would allow the City Manager to establish certain regulations under specific guidelines, such as posting areas of parks during certain periods of the year, such as posting of nesting areas for wild birds, no swimmning, signs, no wading signs, and parking signs. Councilmember Lhotka expressed a concern that he felt the area discussed by the City Manager was the responsibility of the Council and that he would have a problem with this type of ordinance. The City Mw- aeFer stated that the ordinance is being proposed because currently any change in the regulations would require an ordinance change. The City Attorney compared the ordinance proposed by the .staff to the regulations for road restrictions and noted that at certain times of the year, particularly in the spring, the road restriction regulations allows the Director of Public Works to establish load limits signs during the times of the year when the roads are susceptible to darna.ge. He added that the ordinance proposed by staff would apply the same principal to the problem of regulations in the parks. The City Manager added that the staff could propose specific language and submit it to the City Council. Councilmember Theis inquired whether an ordinance could address loitering in the parks. The City Manager explained that this was not an area that was addressed by the staff proposal. Councilmember Theis asked whether there was anything in the current ordinance that deals with this situation. The City Attorney stated that state statutes now address the situation of unlawful assembly, and that the City also has on the books an old style loitering ordinance of the type which have generally, been found to be unenforceable. He. added that he would have to research the statute to address specific situations and discuss them in detail. Councilmember Hawes stated that he was concerned that too many signs could be erected in the parks. The City Manager stated that the staff would hope to be reasonable in erecting any signs concerning park regulations. Councilmember Hawes then suggested that the item be referred to the Park 8, Recreation Commission for their review. GATZBYNG LICENSE A1U_RICAN TITTLE LEAGUE There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the application for a Class B gambling license for the Brooklyn Center American Little League. Voting in favor: Mayor Nygaist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There i4-as a motion by Councilmember Scott and seconded by Councilmember Theis to ipaive the $10, fidelity bond for the Class B gambling license for the Brooklyn Center American Little League. Voting in favor: Mayor P!yquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 5 -9 -83 -13- APJ0UPNN'IiaNT there was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Nhyor Nyquist, Councilmembers Tdlotka, Scott, Hawes, and Theis. Votin against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:26 p.m. lerk NIa 5 -9 -83 -14-