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HomeMy WebLinkAbout1981 11-09 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL F R IN O THE CITY OF BROOKLYN CENTER THE C OUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 9, 1981 CITY HALL GALL TO ORDER The Brooklyn Center 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 Tony Kuefler, Gene Lhotka, and Celia Scott. 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, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Councilmember Kuefler. OPEN FORUM Mayor Nyquist noted the Council had received a request to use the Open Forum session this evening from Susan Wallace, 6401 Unity Avenue Avenue North, Ruth Defer, 6342 Unity ,Avenue North, and Dick Jansen, 6336 Unity Avenue North. The concern expressed by the open Forum participants was the speed of traffic on Unity Avenue between 63rd and Howe Lane. Mrs. Wallace noted that her dog had been killed by a speeding car on Unity Avenue, and•che requested the City to try and solve the problem of speeding cars on Unity Avenue. She noted she had spoken to the Police Department Captain regarding the traffic situation, and that the Captain had informed her that radar cars had been working the area but that she had never seen any cars. The City Manager stated that unless the police department uses unmarked cars, a parked squad car working radar is not effective since it is highly visible to potential violators. He stated that it is possible to use unmarked stationary vehicles for radar or to use moving radar in the area. He stated that the staff will look into the situation and find out which will be the best procedure to follow with regard to prohibiting this kind of activity on Unity Avenue. He stated the.staff' will respond to the residents here this evening and also the Council in three, to four weeks. He stated that one alternative to help solve the problem would be to use a recording radar to establish the patterm of the violators. APPROVAL OF MINUTES SPECIAL SESSION NOVEMBER 3, 1981 There was 'a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the special City Council meeting of November 3, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none The motion passed. PERFORMANCE BOND REDUCTIONS There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to authorize the reduction of the performance bond for Northbrook Estates, 58th and Logan Avenue North, from $18,000 to $3,000 and to hold the remainder until spring to insure the viability of plantings. Voting in favor: Mayor Nyquist, Council- 11-9-81 -1- members Kuefler, Lhotka, and Scotts Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 81 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET 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. RESOLUTION NO. 81 -214 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE PUBLIC SERVICE AND ACHIEVEMENTS OF SHARON SCHMICKLE 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. RESOLUTION NO. 81 -215 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE PUBLIC SERVICE AND ACHIEVEMENTS OF THE BROOKLYN CENTER JAYCEES 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. RESOLUTION NO. 81 -216 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC' SERVICE OF MR. BERNARD WESLOH 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. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the following list of licenses: s 11 -9 -81 -2- CHRISTMAS TREE SALES LICENSE Wolcyn Tree Farm Rt. 2. Box 246 ° CIGARETTE LICENSE Taco Towne Restaurant 6219 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Green Mill, Inc. 5540 Brooklyn Blvd. Bruce Leonard European health Spa 2920 County Rd. 10 MECHANICAL SYSTEM'S LICENSE Preferred Sheet Metal Inc. 90 West Woodlynn Ave.. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest, Inc. P.O. 43268 Hoffman Engineering 6530 James Ave. N. Holiday Inn 1501 Freeway Blvd. Toy City 6000 Earle Brown Dr. Gold Medal Beverage Company 553 N. Fairview Ave. Ideal Drug 6800 Humboldt Ave. Voting in favor: Mayor Nyquist, Counciimembers °Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. RESOLUTIONS CONTINUED RESOLUTION NO. 81 -217 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE CHANGE IN PUBLIC USE OF LOT 1, BLOCK 2, THOMAS CONSTRUCTION CO. 2ND ADDITION, HENNEPIN COUNTY; MINNESOTA TO INCLUDE VARIOUS PUBLIC USES 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. RESOLUTION NO. 81 -218 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP OPEN SPACE UNDER THE PROVISION OF THE STATE NATURAL RESOURCE FUND The motion for the adoption of the foregoing resolution was duly 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 11 -9 -81 -3- against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -219 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE 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. ORDINANCE NO. 81 -21 Member Gene Lhotka introduced the following ordinance and moved its adoption:. AN ORDINANCE AMENDING CHAPTER 35 REGARDING MINIMUM PARKING SPACES REQUIRED 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. In discussion of the next- agenda -item, an ordinance Amending Chapters 34 and 35 Regarding The Provisions For Home Occupations, the Director of Planning & Inspection explained the ordinance amendment would allow up to ten students and two on= street parking spaces for home occupations involving classes. He noted that in the current ordinance the amount of on- street parking is not specified and that with the ordinance amendment the amount of on- street parking would be left to the Council's review and discretion. He stated the Planning Commission reviewed the ordinance amendment at its November 5, 1981 meeting. i A discussion ensued among Council members regarding the on- street parking stipulation with regard to the proposed ordinance amendment. Councilmember Lhotka stated that he has a concern over the on- street parking provision and explained that he believes the City's neighborhoods should be kept as undisturbed as possible with no on- street parking permitted in conjunction with home occupations. Councilmember Kuefler stated he is concerned about the four on- street parking spaces which would be allowed under the ordinance amendment. He stated he does not believe any one should take up more than their share of the street in any neighborhood. The Director of Planning & Inspection explained the ordinance amendment would prohibit on- street parking where congestion would occur. He explained the number of Cars allowed to be parked on street would be related to the specific type of home occupation. He noted that certain home occupations do not attract large number of cars and that four cars was used as a number to establish a level of parking. He .explained the current ordinance language does not stipulate any number of on- street parking and noted that this ordinance amendment would be tightening up the parking requirements under the ordinance. 11 -9 -81 -4- i There was a motion b Councilmember Kuefler to amend. paragraph No 8 of the Y ra P 9 P proposed ordinance amendment under "Section 35 -405 Additional Requirements For Home Occupations ", by stating that any home occupation requiring more than two parking spaces, not four as indicated in the proposed amendment, on or off t he lot shall require a special use permit pursuant to Section 35 -406. Councilmember Lhotka seconded the motion for purposes of discussion. Councilmember Kuefler commented that changing the number of parking spaces from four to two in this paragraph of the amendment would provide control and would better allow the Council to adjust the number of parking spaces if the situation so warranted it. Councilmember Scott suggested an additional amendment to paragraph No. 8 and stated that the phrase "on or off the lot" should be replaced with "including those of the occupants. Councilmember Lhotka stated that he has concern with the on- street parking allowed . under the Ordinance Amendment and that he would also want to see the number of cars allowed to park on the lot limited to a reasonable number. The City Attorney suggested that the Council give some guidance to the staff with regard to their desires and concerns about the ordinance amendment and that this would allow the staff to return to the Council with an amended ordinance. The City Attorney inquired of the Council whether they wanted any on- street parking in permitted home occupations or with special use permits, whether the Council wished a control on the residents' cars, and whether or not the Council wants to have the authority to permit on- street parking. In consideration of the City Attorney's suggestion, Councilmember Lhotka withdrew his second from the motion on the table and Councilmember Kuefler withdrew his motion from consideration. Councilmember Kuefler commented that he believes if any on- street parking is permitted it must be consistent. He stated that with special use and permitted home occupations he believes that two on- street spaces would be workable. Councilmember Lhotka stated that he believes there should be no parking allowed with home occupations Councilmember Scott stated that she believed on- street parking would be acceptable for short term situations and she concurs with Councilmember Kuefler's suggestion with regard to allowing two on- street spaces The City Manager stated the staff will prepare a revised ordinance amendment and return to the Council. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 81065 SUBMITTED BY BROOKLYN DEVELOPMENT CORPORATION FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN 80,650 SQ. FT. OFFICE /WAREHOUSE BUILDING AT THE NORTHEAST CORNER OF XERXES AVENUE NORTH AND FREEWAY BOULEVARD TO BE KNOWN AS SHINGLE CREEK PLAZA 'II. The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 3 of the October 22, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81065. 11 -9 -81 -5- The Director of Planning & Inspection reviewed a transparency of the site and building plan submitted with Application No. 81065. He then proceeded to review the proof of parking plan submitted with the application and pointed out that the Planning Commission recommended approval of Application No. 81065 subject to 13 conditions which he reviewed for Council members. He pointed out that conditions 11 and 13 have been met and that these conditions need not be required for approval this evening. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Application No. 81065, subject to the following conditions: - 1. Building plans are subject to review and approval 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 improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall 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. B -612 curb and gutter shall be provided around all parking and driving areas. '9. Plan approval acknowledges a joint access easement with the proposed Shingle Creek Plaza I property to the east as was required under Application No. 79030.. 10. Traffic control signs on this site are `subject to review and approval by the City Engineer. 11. Public utility easements for sanitary and storm sewer shall be relocated in accordance with the utility plan, subject to approval of the City Engineer. Voting in favor: Mayor Nyquist, Councilmembers_Kuefler,- Lhotka, and Scott. Voting against: none. The motion.passed. PLANNING COMMISSION APPLICATION NOS. 80038, 80039, AND 81062 SUBMITTED BY K- MART CORPORATION /INTER -CITY OIL COMPANY FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO BUILD A NEW GARDEN CENTER AND OPERATE A GAS STATION AND AUTO CENTER AT 3600 -63RD AVENUE NORTH. 11 -9 -81 -6 The Director of Planning & Inspection presented and reviewed for Council members pages `3 through 7 of the October 22, 1981 Planning Commission minutes and also the Planning Commission information sheets prepared for the three applications. The Director of Planning & Inspection explained that Application No. 80038 comprehends the garden center and auto service center proposed at K -Mart and that Application No. 80039 comprehends preliminary plat approval which would allow the applicant to combine parcels for the activities proposed in Application No. 80038. He noted that the applications were reviewed in October of 1980 and that K -Mart Corporation requested the applications be tabled at that time pending their resubmission. He added that Application No. 81062, which requests site and building plan and special use permit approval to operate the gas station at 63rd Avenue North and Brooklyn Boulevard, is the most recent application. The Director of Planning & Inspection reviewed a transparency showing the location of the subject parcel and he reviewed a transparency of the site plan submitted for the project. He pointed out that Application No. 80038 comprehends the garden center and auto service center proposed by K -Mart explaining that the auto service center is a nonconforming use under the ordinance. The Director of Planning & Inspection pointed out that the Planning Commission's discussion of the applications at its October 22, 1981 meeting focused on the accesses to the store. He proceeded to review the various access points into the K -Mart store and also reviewed the proposals for changes in the accesses contained in the application. The Director of Planning & Inspection pointed out that Application No. 81062 is - submitted by Inter -City oil for site and building plan and special use permit approval to operate the service station at the corner of 63rd Avenue North and Brooklyn Boulevard.` He stated that the service station, along with the auto service center, is ,a nonconforming use under the City Zoning Ordinance since it abuts a_single family residential neighborhood. The. Director of Planning & Inspection reviewed the preliminary plat submitted with Application No. 80039 and pointed out that the K -Mart property is currently made up of three separate lots and that the Zoning Ordinance requires that the parcels be combined into a single lot. The Director of Planning & Inspection noted that the Planning Commission recommended approval of Application No. 80038 at its October 22, 1981 meeting subject to 13 conditions in conjunction with the special use permit to operate the auto center and four conditions in conjunction with the site and building plan approval for a new garden center at the K -Mart store. The Director of Planning & Inspection reviewed the conditions recommended by the Planning Commission for Application No. 80038. The Director of Planning & Inspection pointed out the Planning Commission recommended approval of Application No. 81062 subject to five conditions which he reviewed for Council members. Councilmember Scott suggested that thorough testing of the gas tanks existing on the site be accomplished prior to the opening of the gas service station. Mayor Nyquist recognized Mr. Ken Wingard a representative of Inter -City Oil.. Mz`. Wingard noted that during the Kentmore test all tanks on the site were held at 11 -9 -81 -7- - i continous pressure for 12 hours and that all the tanks passed the test. He stated the test is required by the Minnesota Pollution Control Agency and that all documents regarding the test were sent to the Fire Marshall. Councilmember Scott stated that she would like to'review the results of the test and also recommended' that a conditi regarding the water valve shut -off at the service station be attached to the conditio of approval. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding the special use permits required for Application Nos. 80038 and 81062. He inquired if there was anyone present who wished to speak either against or for the applications. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application Nos. 80038 and 81062. voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none.' The motion passed. Mayor Nyquist noted a correction on page four of the October 22, 1981 Planning Commission minutes pointing out that in paragraph number three the phrase "in lieu" should be changed to "in view ". There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve Application No. 80038, site and building plan for a new garden center at the K -Mart store, 3600 -63rd Avenue North and for various site and plan revisions, 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 improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view to the maximum extent possible. 5. The garden center is to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all "signery which is subject to Chapter 34 of the City Ordinances, 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. Access revisions on Brooklyn Boulevard (State Highway 152) shall be subject to any conditions imposed under permit from MN /DOT. 11 -9=-81 -8- i 10. The landscape plan shall be modified to indicate plantings (including at least one decorative tree) in rock or wood'chip. mulch on the major parking lot island immediately south of the current middle access to Brooklyn Boulevard. 11 The applicant acknowledges that if existing foliage screening along the property line with Garden City School should fail, it shall be the responsibility of K -Mart to install some other opaque screening device, not less than 6' in height. 12. The applicant shall provide a water shut -off valve for the water service leading to the gasoline service station. 13. Building permits for the new garden shop will not be issued until the new plat has been finaled and filed with the County. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none.- The motion passed. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve Application No. 80038, special use permit to operate the auto center at 3600 -63rd Avenue North, subject to the following conditions :' 1. The special use permit is issued to K -Mart as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof may be grot?nds for revocation. 3. The hours for providing service to vehicles shall be from 8:00 a.m, to 9:00 p.m., Monday through Friday and 8:00 a.m. to 6 :00 p.m. Saturday. No service shall be performed on Sunday. Sale of automotive products shall be during the same hours as the rest of the K -Mart store. 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of the Special Use Permit to assure the completion of all site improvements comprehended under Application Nos. 80038, 80039, and 81062. 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 approve Application No. 81062, site and building plan and special use permit approval to operate the .gas station at the corner of 63rd Avenue North and Brooklyn Boulevard subject to the following conditions: 1. The special use permit is issued to Inter -City Oil Corporation as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations, and any violation thereof may be grounds for revocation. 3. The Planning Commission and City Council find that the proposed building i 11 -9 -81 -9- plans for the service station with new canopy do not constitute an expansion of a nonconforming use and that no violation of Section 35 -111 la nned will occur with the completion of the project as p The Planning Commission and City Council also find that the canopy is an accessory — structure to the main use, which is the service station. As such the value of the canopy shall not be included in determining substantial destruction of the property for the purpose of phasing out the service i a a nonconforming station s g use. 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of the special use permit to assure the completion of all site • improvements comprehended by Application Nos. 80038, 80039, and 81062. _5. _Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. A water_ shut -off valve shall be provided for the water service leading to the. gasoline service station. The applicant shall provide to the City staff and City Council all documentatlot. related to the Kentmore tests performed on the gas tanks at the 'gas station at the corner of 63rd Avenue North and Brooklyn Boulevard Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none: - - The - motion pa "ssed. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 80039, preliminary plat approval for the site at 3600 -63rd Avenue North, subject to the following conditions: 1. The final plat is subject to Chapter 15 of the City Ordinances. 2. The final plat is subject to approval by the City Engineer. 9 Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. _ RECESS The Brooklyn Center City Council recessed at 8:59 p.m. and reconvened at 9:17 p.m. ORDINANCES CONTINUED AN ORDINANCE AMENDING CHAPTER 35 REGARDING BUILDINGS IN R1 AND R2 DISTRICTS The City Manager noted that the 6' separation between accessory and principal buildings recommended in the ordinance is acceptable for fire fighting equipment. He stated the ordinance amendment was precipitated by numerous requests from residence in the City. The Director of Planning & Inspection pointed out that most requests were received from residents with attached garages in situations where an individual desired to expand his home. There was a motion by Councilmember Kuefler and seconded by Councilmember to 11 -9 -81 -10- approve for first reading an Ordinance Amending Chapter 35 Regarding Buildings In R1 And R2 Districts. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. DISCUSSION ITEMS STAFF REPORT ON MAJOR AMENDMENTS TO THE SIGN AND ZONING ORDINANCE SINCE 1977 The City Manager explained the Council requested a review of the major amendments to the Zoning Ordinance and that the memorandum from the Director of Planning & Inspection to the City Manager dated October 28, 1981 is a report reviewing the major amendments since 1977. He noted that rezoning amendments were not included in this report. SUNDAY BRUNCH LAW The City Manager reviewed the new State law with regard to Sunday brunch noting that the revision in State law allows the serving of liquor at 10:00 a.m. on Sunday to accommodate restaurants serving Sunday brunch. The City Attorney stated that no election is necessary to implement the statute and that an ordinance amendment would suffice. He also noted the Chamber of Commerce has supported the change in the law to allow the serving of liquor at a Sunday brunch. He added that the statute is ambiguous; and that he spoke with Mr. Dan Sexton of the House Commerce Committee who informed him that the drafters of the legislation did not intend that municipalities hold an election to implement the statute. He also noted that he discussed the issue with Mr. Stan Peskar of the League of Minnesota Cities who stated that cities around the state are proceeding in implementation of the statute without election's. Mayor Nyquist stated that his concern is that in the original election which allowed Sunday liquor specific times were indicated on the ballot. The City Attorney stated that his recommendation was based on discussions indicating that legislators did not intend that an election be necessary to implement the change in the law. Mayor Nyquist recognized Mr. Gary Hennes, President of the Brooklyn Center Chamber of Commerce, who 'stated that the matter was referred to the Chamber for their comment and that the Sunday brunch law was supported by the Governmental Affairs Committee of the Chamber and by the full Board. He stated that the Chamber believes that failure to adopt the Sunday brunch law would be a competitive disadvantage to hospitality business in Brooklyn Center. He stated that most of the surrounding communities have already adopted the provision. He stated the Chamber would urge the Council to adopt the Sunday brunch law also. Councilmember Kuefler stated that he would request that the Council be presented with a specific formal request from the Chamber to adopt the statutory provision., Mayor Nyquist requested that the staff prepare information regarding how the original referendum was worded in other cities with regard to Sunday liquor. The City Attorney stated that it may be appropriate to seek an Attorney General's opinion on the statute , to clear up any ambiguities in the legislation. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to authorize the City Attorney to seek an Attorney General's opinion regarding the 11 -9 -81 -11- implementation of the Sunday brunch law by municipalities. Voting -in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting_against: none. The motion passed. CURRENT STATE BUDGET EFFECT ON MUNICIPALITIES - The City Manager reviewed his memorandum to Council members regarding the impact of current state budget problems on Brooklyn Center. He noted that the City is scheduled to receive, on November 15 and December 15, payments totaling just over $400,000. He stated that any delay in receiving this payment will not in itself cause problems for the City. He added that a loss of all or a significant part of these funds may cause us to review the 1982 Budget. He noted that the exact situation will not be known until the legislature convenes. LEGISLATIVE REDISTRICTING FOR 1982 The City Manager reviewed his memorandum to the - Council - regarding the reapportionment of legislative and county commissioner districts. He stated that a number of nquiri have been received by the City staff with regard to the City's preference regarding legislative redistricting. He noted that one possibility - -is that the City of_Brooklyr Center could be combined with portions of the City of Minneapolis or with neighboring suburbs for the purpose of establishing legislative districts. Mayor Nyquist stated that to the extent possible he would like to see the City maintain the existing districts. Councilmember Kuefler stated that he has _a strong preference for the Third District and combining with the suburban areas rather than Minneapolis. He stated that he would not be in favor of affiliation with the City -of Minneapolis in that the interest of the suburbs are generally common to other suburban areas and not with the City of Minneapolis. Councilmember Lhotka stated that he agrees with Councilmember Kuefler in this matter. Councilmembers Scott stated that she also agrees with Councilmember Kuefer's comments and that she would like to see the City redistricted with as few precinct changes as possible. , There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to inform the appropriate legislators and legislative committees that the City of Brooklyn Center as a whole would like to be in a single legislative district or affiliated with another suburban district. ADJOURNMENT There was a motion by Councilmember Kuefler 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 9:58 p.m. yf yob a 11 -9 -81 -12-