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HomeMy WebLinkAbout1981 09-14 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE °CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 14, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular.session and was called to order by Mayor Dean Nyquist at 7:12 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, and Celia Scott. Also present' were City Manager Gerald Splinter, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Kuefler would be late for this evening's meeting and was excused. Councilmember Fignar was absent from the Council meeting and was excused: INVOCATION The invocation was offered by Councilmember Celia Scott. APPROVAL OF MINUTES - AUGUST 24, 1981 !'. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of August 24, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none. The motion passed. OPEN FORUM Mayor Nyquist 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. PERFORMANCE BOND REDUCTION There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to authorize the reduction of the performance guarantee for Burger Bros. Sporting Goods, 5927 John Martin Drive from $40,000 to $5,000 and with the condition that the landscaping will be reinspected in the spring of 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none. The motion passed. i PROCLAMATION DECLARING SEPTEMBER 17 THROUGH 23 AS CONSTITUTION WEEK There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the Proclamation Declaring September 17 Through 23 as Constitution Week in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none. The motion passed. 9 -14 -8I -1- RESOLUTION NO. 81 -178 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CENTRAL PARK/GARDEN CITY PEDESTRIAN TRAIL IMPROVEMENT PROJECT 1981 -15, EXERCISE STATION IMPROVEMENT PROJECT 1981 -25 -- CONTRACT 1981 -L) 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, and Celia Scott; and the following voted against the same: none,.whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -179 Member Celia Scott introduced the following resolution and inovea its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF SNOWPLOW BLADES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -180 v Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID, AWARDING CONTRACT, AND APPROPRIATING FUNDS FOR INSTALLATION OF POWER FACTOR CORRECTIVE CAPACITOR IN CITY HALL COMPLEX r 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. j RESOLUTION NO. 81 -181 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1980 -A (53RD AVENUE NORTH IMPROVEMENT PROJECTS NOS. 1978-38, 1978 -39, 1979 -1, 1979 -2; PENN AVENUE NORTH IMPROVEMENT PROJECT NO. 1978 -44) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon,, the following voted in favor thereof; Dean Nyquist, Gene Lhotka, and Celia Scott;, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81-182 Member Celia Scott introduced the following resolution and moved its adoption. RESOLUTION ACCEPTING WORK AND APPROVING PAYMENT FOR SOIL INVESTIGATION ON PROJECT' 1980 -06: PEDESTRIAN /BICYCLE BRIDGE ACROSS T.H. 100 AT SHINGLE CREEK 9 -14 -81 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted favor thereof: Dean Nyquist, Gene Lhotka, and Celia Scott; and the following voted against the same`: none, whereupon said resolution was declared duly passed and adopted. Mayor Nyquist recognized Jayne Kuhar, Chairperson of the Brooklyn Center Human Rights Commission who addressed the Council and stated that,the Human Rights Commission, at their September 9, 1981 meeting discussed the three proposals. submitted for a handicapped accessibility survey for City facilities. She pointed out the Commission reviewed three proposals for the survey and noted t that each of the proposals appeared to meet the specifications as stated in the 1 Request For Proposal. The Commission unanimously recommended the City Council approve the agreement for professional services to conduct a handicapped accessibility survey with the National Handicap Housing Institute, Incorporated which was the firm submitting the lowest quotation for the survey work. RESOLUTION NO. 81--183 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH THE NATIONAL HANDICAP HOUSING INSTITUTE 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Kuefler arrived at 7:25 p.m. ORDINANCES ORDINANCE NO. 81 -15 h Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING CONVENIENCE- FOOD RESTAURANTS The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: 'Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. ORDINANCE NO. 81 -16 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING CANOPY SIGNS 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, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. 9- 14 -8I` -3- ORDINANCE NO. 81 -17 Member Tony Kuefler introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES RELATIVE TO PERSONNEL POLICIES 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, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. ORDINANCE NO. 81 -1$ Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ADMINISTRATIVE PERMITS FOR GASOLINE SERVICE STATIONS 4 The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING GASOLINE SERVICE STATION SIGNERY Councilmember Lhotka commented he believes that if only two individuals are requesting a change in an ordinance this does not justify an-ordinance amendment. On that basis he stated he believes the amendment regarding gasoline service station signery is not justified. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the first reading an Ordinance Amending Chapter 34 of the City Ordinances Regarding Gasoline Service Station Signery. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Scott. Voting against: Councilmember Lhotka. The motion passed. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES REGARDING A REMOTE STATION FIRE ALARM PROTECTIVE SIGNALING SYSTEM There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the first reading an Ordinance Amending Chapter 5 of the City Ordinances Regarding A Remote Station Fire Alarm Protective Signaling System. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. DISCUSSION ITEMS CONSENT AGENDA The City Manager stated the staff has prepared a proposed format for a consent ag s as requested by the City Council. He noted the consent agenda is proposed as a i 9 -14 -81 -4- timesaving measure at Council meetings and he noted that any Council member can withdraw any item from the consent agenda upon request. Councilmember Lhotka stated that he was generally in favor of the consent agenda, but that he wanted to be assured that the appropriate items were placed on the consent agenda and that the citizens of Brooklyn Center would be aware of the reasons_ for using a consent agenda and how it was designed to work. RESOLUTION 81 -184 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROCEDURES FOR THE USE OF A CONSENT AGENDA The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. REPORT ON HENNEPIN COUNTY 1982 COMMUNITY SERVICES DEPARTMENT BUDGET CUT BACKS Administrative Assistant Bublitz reviewed the County social service budget cuts pointing out that many of them directly affected the northwest suburban area such as the proposed cut of the Detached Worker Program, Youth Diversion Program, Community Emergency Assistance Program, and numerous other programs. He stated that Hennepin County's rationale for the budget cuts were that the County would be funding State mandated programs and those programs dealing in responses to immediate service needs such as child abuse, battered women, and drug treatment programs. He stated the programs focusing on prevention such as the Detached Worker Program received a lower priority in the county budget and were subsequently cut from the Community Services budget. He pointed out the Northwest Human Services Council and other Human Service Councils in the metro area are holding a hearing on the county social service cuts with the County Commissioners on Monday, September t 21, 1981 at the St. Louis Park Recreation Center. He noted the Councils, at this meeting, hope to convince the County Commissioners to fund the programs that were initially cut from the budget. He also pointed out that on September 23, 1981; beginning at 1:30 p.m. in the Hennepin County Government Center, there will be another P 5 public hearing on the Northwest Human Services Council budget et which has also been cut from the 1982 County budget. He stated the budget for the Human Services Council comes from the County's Office of Planning & Development and is not a part of the Community Service's budget. He added that the funding for the Council provides the monies needed to retain a professional staff for the Northwest Human Services Council. Councilmember Kuefler requested the staff to prepare more information with regard to Hennepin County's criteria used in developing the 1982 Community Services Department budget. He also requested information on the number of state mandated programs and discretionary programs in the 1982 Community Services Department budget. The City Manager stated that staff will prepare this information and have it ready for the Monday night Council meeting on the 21st of September. PUBLIC HEARING ON PROPOSED 1982 CITY BUDGET Mayor Nyquist opened the meeting for the purpose of introducing the public hearing on the 1982 City budget. i t 9 -14 -81 -5- i 4 I AWML— The Director of Finance reviewed for Council members a summary of the 1982 budget noting that the proposed City budget for 1982 is $6,502,697 and that the 1981• adjusted budget is $5,979,701. He pointed out the dollar increase over the 1981 budget is $522,996 for an 8.75% increase. He proceeded to review the local government aids anticipated in 1982 and also the 1982 federal revenue sharing funds. The Director of Finance also reviewed the net operating budget, proposed capital outlays, and debt - retirement for 1982. He reviewed the property tax levy proposed for 1982 and noted that because the City has no household growth it is limited to an 8% levy increase in order to guarantee the City's homeowners a full homestead credit. He pointed out that other cities with household growth may receive as much as 14% to'16% in a levy increase. Discussion ensued among Council members regarding the results of the legislative action in establishing levy limits in cities. There was a general concurrence among Council members and staff that cities are rewarded in terms of levy increases for building homes and are penalized for building industry and commerce with regard to the fiscal disparities act. The Director of Finance proceeded to review the assessable valuation of the City, the proposed estimated mill rate, and cited examples of the proposed 1982 City tax on typical homes in Brooklyn Center. He explained that on a $56,000 home_ the proposed 1982 City tax would be $73.44. He explained the average homeowner in Brooklyn Center in 1982 will experience a 4.7% increase in City taxes. The Director of Finance proceeded to review the major capital outlay items proposed for 1982 and the capital outlay items to be considered in the capital" projects fund. Councilmember Kuefler requested information on the City's reserve funds for the September 21, 1981 budget meeting. Mayor Nyquist adjourned the hearing on the 1982 proposed budget until 7:00 p.m. on September 21,' 1981. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR STREET IMPROVEMENTS WITHIN THE NORTH INDUSTRIAL PARK ASSESSMENT DISTRICT, PROJECT 1978 -06, 1978 -45, 1978 -46, 1979 -06 AND 1981 -18 The Assistant City Engineer stated that notices of the proposed assessments and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. He proceeded to review the project cost, City cost, assessed cost, assessment rate, and assessment period for the combined projects within the North Industrial Park Assessment District. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for street improvements within the North Industrial Park Assessment District, Projects 1978 -06, 1978 -45, 1978 -46, 1979 -06, and 1981 -18. The Assistant City Engineer stated that no written comments or objections had been received regarding the public hearing on the projector the special assessments for street improvements within the North Industrial Park Assessment District. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing, there being none, he entertained a motion to close the public hearing. 9 -14 -81 -6- There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on the special assessments for street improvements within the North Industrial Park Assessment District, Projects 1978 -06, 1978 -45, 1978 -46, 1979 -06, and 1981 - 18. Voting in favor: Mayor Nyquist, Councilmembers .Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. RESOLUTION NO. 81 -185 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF SHINGLE CREEK IMPROVEMENT PROJECT 1978 -06, 1978 -45, 1978 -46, AND 1979 -06, AND FREEWAY BOULEVARD IMPROVEMENT PROJECT 1981 -18 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, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR STORM SEWER PROJECT 1979 -05 (INSTALLATION OF STORM SEWER ON SHINGLE CREEK PARKWAY FROM CITY GARAGE TO SHINGLE CREEK AND ON SHINGLE CREEK PARKWAY FROM XERXES AVENUE TO SHINGLE CREEK) The Assistant City Engineer stated that notices of the proposed assessment and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. He proceeded to review the project cost, City cost, assessed cost, assessment rate, and assessment period for Project 1979 -05. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for Storm Sewer Project 1979 -05. The Assistant City Engineer stated that the staff has not received any written communications or objections on any of the projects or assessments on Project 1979 -05. Mayor Nyquist inquired whether there was anyone present to speak at the public hearing. There being none, he entertained a motion to close the public hearing. g There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on the special assessments for Storm Sewer Project } 1979 -05. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. RESOLUTION NO. 81 -186 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF SHINGLE CREEK PARKWAY STORM SEWER IMPROVEMENT PROJECT 1979 -05 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 9 -14 -81 -7- PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR SIDEWALK PROJECT 1981 -19 (INSTALLATION O F S IDEWALK ON SOUTH SIDE OF FREEWAY BOULEVARD BETWEEN A VE NUE AND SHINGLE XERXES CREEK PARKWAY) The Assistant City Engineer stated that notices of the proposed assessment and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. He proceeded to review the projects cost, City cost, assessed cost, assessment rate, i f Sidewalk Pro 1981 -19. and assessment period or S 7 P Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for Sidewalk Project 1981 -19. The Assistant. City .Engineer stated that the staff had not received any written communications or objections to the project or assessments on Project 1981 -19. Mayor Nyquist inquired whether there was anyone present who wished to speak at the public hearing. There .being none, he entertained a motion to close the public hearing. There was a motion by Couneilmember Kuefler and seconded by Councilmember Lhotka to close the public hearing on special assessments for Sidewalk Project 1981 -19. E Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. i Voting against: none. The motion passed. K f RESOLUTION NO. 81 -187 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION ADOPTING ASSESSMENT OF SIDEWALK IMPROVEMENT PROJECT 1981 -19 (FREEWAY BOULEVARD) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted • in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution r was declared duly passed and adopted. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR STORM SEWER PROJECT 1981 -20 (INSTALLATION OF STORM SEWER ON FREEWAY BOULEVARD BETWEEN XERXES AVENUE AND SHINGLE CREEK PARKWAY) The Assistant City Engineer stated that notices of the proposed assessment and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. He proceeded to review the project cost, City cost, assessed cost, assessment rate, and assessment period for Storm Sewer Project 1981 -20. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for Storm Sewer Project 1981 -20. The Assistant City Engineer stated that the staff has not received any written communications or objections to the project or assessments on Project 1981 -20. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. There being none, he entertained a motion to close the public hearing. There was a motion by Council- member Scott and seconded by Councilmember Lhotka'to close the public hearing on special assessments for Storm Sewer Project 1981 -20. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. 9 -14 -81 -8- RESOLUTION NO. 81 -188 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF STORM SEWER IMPROVEMENT PROJECT 1981 -20 (FREEWAY BOULEVARD) 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, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was s declared duly passed and adopted. I i RECESS The Brooklyn Center City Council recessed at 8:59 p.m. and _reconvened at 9;15 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 81059 SUBMITTED BY GENE LOFTUS FOR A SPECIAL HOME OCCUPATION PERMIT TO PERFORM SMALL ENGINE REPAIR IN THE GARAGE AT 6300 PERRY AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members pages l through 4 of the August 27, 1981 Planning Commission meeting minutes along with the Planning Commission information sheet prepared for Application No. 81059. The Director of Planning & Inspection proceeded to review the location of the proposed home occupation and noted that the Planning Commission held a public hearing on Application No. 81059 at its August; 27, 1981 meeting. He explained, following the public hearing the Planning Commission recommended approval of Application No. 81059 subject to nine conditions which he reviewed for Council members. He added that the vote was not unanimous noting that Commissioner Simmons voted against the application. He stated the applicant is present at this evening's meeting and that the proper notices had been sent regarding the public hearing to be held this evening. Councilmember Lhotka stated he is concerned that no provisions have been made in the recommended conditions for the storage of any flammable materials. The City Manager stated the staff can stipulate in the conditions that the storage of any flammable materials must meet the Building Official's approval. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81059 and inquired if there was, anyone present who wished to speak against or for the application. Mayor Nyquist recognized the applicant who stated that he had nothing to add to the Director of Planning & Inspection's comments. 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 Lhotka to close the public hearing on Planning Commission Application No. 81059. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, and Scott. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 81059 subject to the following conditions: F 9 -14 -81 -9- 1. The 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 garage in which the home occupation is conducted shall be used primarily for residential purposes, i.e. for parking of an automobile. 4. Noise from the home occupation shall not be perceptible beyond the premise. 5. There shall be no outside storage of repair items, unless such items are fully screened from public view by a'6' high opaque fence. - The total area for such outside storage shall not be' greater than 300 square feet. 6. The garage wall nearest the house and 4' of the ceiling closest to the house shall be sheet rocked and a 5 pound fire extinguisher shall be installed in the work area as per recommendation of the Building Official. 7. There shall be no retail sale of items from the premises. 8 Signery associated with the home occupation shall be subject to the ° provisions of the Sign Ordinance. 9. The operation shall not be conducted during the hours from 10:00 p.m. to 8:00 a.m. seven days per week. 10. All storage of flammable materials on the premises shall be subject to approval of the City's Building Official. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, and Scott. Voting- against: none The motion passed. APPLICATION NO. 81060 AND 81061 SUBMITTED BY DEVIRES BUILDERS, INC. FOR SITE AND BUILDING PLANS AND PRELIMINARY PLAT APPROVAL FOR PHASE 3 OF THE EARLE BROWN FARM ESTATES. The Director of Planning & Inspection presented and reviewed for Council members pages 4 through 6 of the August 27, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81060 and 81061. He proceeded to review a transparency of the preliminary plat submitted by De Vries Builders, Inc. for phase 3 of the Earle Brown Farm Estates. He pointed out that the site and building plan submitted is consistent with the master plan previously approved by the City Council. He noted the Planning Commission_ held a public hearing on Application No. 81061 at its August 27, 1981 meeting that no one appeared to speak in opposition to the application. He stated the Planning Commission recommended approval of Application No. 81061 subject to three conditions which he reviewed for Council members. He also noted the Planning Commission recommended approval of Application No. 81060 subject to eight conditions which he reviewed for Council members. Mayor - Nyquist opened the meeting for the purpose of a public hearing on;Applicatio` 9 -14 -81 -10- . i No. 81061. He inquired if there was anyone present who wished to speak against or for the application. No one appeared to speak at the hearing 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 Application No. 81061. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, and Scott. Voting against:, none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Application No. 81061, subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Homeowners' Association documents for all phases of the development are subject.to approval by the City Attorney prior to final plat approval of each phase. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Application No. 81060, 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 and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of the approved site improvements for phase 3 prior to the issuance of building permits. 4. Any outside: trash disposal facilities shall be appropriately screened from view. 5. All common parking and driving areas shall be surrounded by B612 curb and gutter as shown on the approved drainage and grading plans 6. Plan approval acknowledges a master plan for all phases of the Earle Brown Farm Estates Townhouse project. However, each additional phase is subject to preliminary plat approval and site and =building plan approval by the Planning Commission and City Council., 7. The developer shall take adequate measures to control dust and debris during construction. A viable turf shall be established and maintained in these areas subject to future development. 8. Phase 3 of the Earle Brown Farm Estates shall be included in the single Homeowners'' Association for the entire development. 9 -14 -81 -11- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, and Scott. Voting against: none. The motion passed. Councilmember Kuefler returned to the table at 9:40 p.m. GAMBLING LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the application for a Class B gambling license from the Brooklyn Center Jaycees. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to waive the $10,000 fidelity bond for the Class B gambling license for the Brooklyn Center Jaycees. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1981-G The City Manager stated that the change orders comprehended in the resolution are still under the engineer's cost estimate for the project. RESOLUTION NO. 81 -189 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION APPROVING CHANGE ORDER NUMBER 1 TO CONTRACT 1981 -G (SIDEWALK IMPROVEMENT PROJECT 1981 -13 AND CURB & GUTTER REPAIR PROJECT 1981 -21) The motion for the adoption of the foregoing resolution was duly seconded by 3 member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was 9 declared duly passed and adopted. i LICENSES There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the following list of licenses: GAMBLING LICENSE . ____ Dale Buchholz 7212 Emerson Ave. N. Brooklyn Center Jaycees GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE ' Klein Sanitation Company 10690 100th Ave. N. MECHANICAL SYSTEM'S LICENSE T. J. Heating 450 S. Robert St. T.V. Thompson's Heating & Air Cond. 300 Lake Blvd. Valley Aire Inc. 7111 W. 126th Ave. ' 9 -14 -81 12 NONPERISHABLE VENDING MACHINE LICENSE s Coca Cola Bottling Midwest Inc. P.O. Box 43268 Silent Knight Security Systems 1700 Freeway Blvd. D.L. Service Co. 2516 83rd Ave. N. Lowells Automotive 6211 Brooklyn Blvd. PERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest Inc. P.O. Box 43268 Hoffman Engineering 6530 James Ave. N. Voting in favor: Mayor Nyquist, Councilmembexs Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 9:45 p.m. lerf Mayor 9 -14 -81 -13-