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HomeMy WebLinkAbout1981 07-27 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 JULY 27, 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 7:30 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, 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 and Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. APPROVAL OF MINUTES - JULY 13, 1981 There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of July 13, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. Councilmember Kuefler abstained from voting as he was not present at the July 13, 1981 meeting. 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. RESOLUTION NO. 81 -137 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF FRANK "CAP" SMITH, JR. 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. APPOINTMENT OF UNITED NATIONS DAY CHAIRMAN There was a motion by Councilmember Scott and seconded by Councilmember Fignar to appoint Al Lindman as the City of Brooklyn Center's United Nations Day Chairman for 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. FINAL PLAT APPROVAL - RLS FOR OLD LIBRARY SITE The City Manager pointed out to Council members that the buildings and accessory structures on the site have not yet been removed and that the Council can approve the RLS contingent on removal of the buildings. However, he pointed out it would not be out of order for the Council not to approve the RLS until the buildings are removed. 7 -27 -81 -1- There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the final RLS for the old Hennepin County Library site (Planning Commission Application No. 81016 -A) contingent upon: 1. The removal of the two single - family residences and all accessory structures, fences or walls not a part of the library building property from the proposed tract B and that the foundations for these buildings shall be filled in and disturbed areas are to receive top soil and suitably seeded or sodded in order to maintain a viable turf. The Mayor and City Manager are hereby directed to withhold signing the final documents until these requirements have been met. 2. Occupancy for the old library building shall not be granted until the final documents have been signed by the Mayor and City Manager and the Registered Land Survey has been filed with the County. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PERFORMANCE BOND RELEASES /REDUCTIONS There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the release of the performance guarantees on the JKH Building, 1601 67th Avenue North, contingent on completion of trash screening require- ments, at Atkins Mechanical Building, 6550 West River Road, contingent on completion of parking lot striping, NSP, 4501 68th Avenue North, contingent on completion of solid aluminum fencing in 15' opening on west side of property, and the reduction of the performance guarantee on Harron United Methodist Church, 5505 Dupont Avenue North (parking lot) from $4,000 to $1,000 until the end of the summer (October 1, 1981) to further review viability of sod. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 81 -138 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (SIDEWALK IMPROVEMENT PROJECT NO. 1981 -13 AND CURB AND GUTTER REPAIR PROJECT NO. 1981 -21), CONTRACT 1981 -G The motion for the adoption of the foregoing resolution was duly seconded by membex Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, 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 -139 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1979 -D (SHINGLE CREEK IMPROVEMENT PROJECT NOS. 1978 -6, 1978 -45A, AND 1979 -5) 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution 7 -27 -81 -2- -- 1 was declared duly passed and adopted. RESOLUTION NO. 81 -140 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING RIVERDALE PARK SHELTER REMODELING PROJECT NO. 1981 -22 AND NORTHPORT PARK PICNIC SHELTER PROJECT NO. 1981 -23, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (PARK BUILDING IMPROVE- MENTS CONTRACT 1981 -I) 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager pointed out the City will be experimenting with the use of satellites in various parks in the City including West Palmer, Evergreen, Central Park, and Grandview Park. He explained this is primarily due to the cost of permanent facilities and the problem of ongoing vandalism. He noted the City will be experimenting with satellites at Riverdale Park also. Council- member Kuefler commented he believes this is an excellent recommendation both for an improvement in service and economics. The City Manager pointed out satellites are now being designed for use by handicapped individuals also. RESOLUTION NO. 81 -141 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPEC1riCATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1981 -17, CONTRACT 1981 -J (COUNTY STATE AID HIGHWAY 10) 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, Bill Fignar, 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 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CONSOLIDATING IMPROVEMENT PROJECT NOS. 1978 -38 AND 1978 -39 (53RD AVENUE NORTH, .STREET AND CURB AND GUTTER, AND SIDEWALK), DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, 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 -143 Member Gene Lhotka introduced the following resolution and moved its adoption: 7 -27 -81 -3- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1979 -1 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, Bill Fignar, 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 -144 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NOS. 1978 -38, 1978 -39, AND 1979 -1 (53RD AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. In discussion of the next agenda item which was a resolution authorizing execution of a Pass - Through Agreement with the Metropolitan Waste Control Commission and providing for the local share of cost to conduct and infiltration /inflow analysis of the City's sanitary sewer system, the Director of Public Works pointed out that this resolution comprehends the second step of a three stage program to determine the amount of clean ground water leaking into the sewer system. He pointed out the reason for the study is that the City is charged for the total volume of waste water and that with the addition of the clean ground water into the sewer system, the City may be paying for treatment of water that should not be in the system. Councilmember Lhotka.inquired whether there is any evidence of a problem existing now. The Director of Public Works stated that there was and that this can be demonstrated in the amount of flow through the lift stations and also into the metropolitan waste control treatment facility. RESOLUTION NO. 81 -145 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A PASS - THROUGH AGREEMENT WITH THE METROPOLITAN WASTE CONTROL COMMISSION AND PROVIDING FOR THE LOCAL SHARE OF COSTS TO CONDUCT AN INFILTRATION /INFLOW ANALYSIS OF THE CITY'S SANITARY SEWER SYSTEM 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Lhotka left the table at 8:02 p.m. RESOLUTION NO. 81 -146 Member Bill Fignar introduced the following resolution and moved its adoption: 7 -27 -81 -4- RESOLUTION COMMENDING COUNCILMEMBER CELIA SCOTT AND CITY MANAGER GERALD SPLINTER FOR THEIR SERVICE ON THE NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 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, and Bill Fignar; and the fallowing voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Scott abstained from the vote. Council- member Lhotka did not vote as he was not present at the Council table. In discussion of the next agenda item which was a resolution authorizing the Metropolitan Council to implement the Section 8 Moderate Rehabilitation Program within the City of Brooklyn Center, Administrative Assistant Hoffman pointed out the City's Housing Commission passed a resolution supporting the program at their July meeting. Councilmember Lhotka returned to the table at 8:04 p.m. Administrative Assistant Hoffman pointed out Ms. Roberta Eberling of the Metropolitan Housing and Redevelopment Authority is present this evening to answer questions on the program. Ms. Eberling pointed out the program would rehabilitate rental units not now complying with HUD standards and /or local codes. She said the units would be rehabilitated so that they could become eligible for the Section 8 program. In response to a question by Councilmember Lhotka, Administrative Assistant Hoffman pointed out that if the City Council authorizes the program this would allow landlords in the City of Brooklyn Center to participate in the program. Councilmember Lhotka inquired who would benefit the most from the program, the tenants or the owners. In response to Councilmember Lhotka's inquiry, Ms. Phyllis Plummer, Chair of the Housing Commission stated the program would provide control on the City's rental licensing program, would commit rental units to Section 8 applicants, and would also add to the City's housing goals. Councilmember Lhotka inquired how many Section 8 units were presently in the City. Administrative Assistant Hoffman stated there were approximately 234 existing Section 8 units in the City of Brooklyn Center. Mayor Nyquist inquired whether Administrative Assistant Hoffman was aware of any units that require participation in the program. Administrative Assistant Hoffman stated he is aware of several units through the rental licensing program of the City that need rehabilitation. A discussion ensued regarding the mechanics of the program explained by Ms. Roberta Eberling of the Metropolitan HRA. Councilmember Kuefler inquired what part of the program is self supporting. Ms. Eberling replied that the Metropolitan HRA staff receives administrative funding from HUD and also receives the rental assistance from HUD. She explained the 11% loan money for the actual rehabilitation is provided through bond sales by the MHFA. Councilmember Fignar stated that the existing Section 8 rental units in Brooklyn Center represent approximately 5% of the total rental units and inquired what 7 -27 -81 -5- would be a reasonable amount of Section 8 units which a City could be expected to provide. Ms. Eberling stated she believed there is no set percentage, but that it is essentially what the housing stock will bear. Councilmember Kuefler commented that, given the high percentage of Section 8 units existing in Brooklyn Center would the Housing Commission still support the program. Ms. 1 Plummer stated that the Housing Commission still supports the program and does not think that the program would overwhelm the City with Section 8 units. She stated she believes the program will be oriented towards duplexes and four - plexes not large apartment complexes and added that she believes along with the Commission that it is an opportunity to maintain the housing stock in Brooklyn Center. Councilmember Kuefler stated 15 years seems like a very long .term commitment for the owner to maintain a unit as a Section 8 unit. Ms. Eberling stated that the Council, if they passed the resolution approving participation in the program, can rescind approval at any time. { Councilmember Fignar pointed out there is a positive side to the program in that the City's housing stock can be rehabilitated through the program. Councilmember Kuefler commented that the City's rental licensing program now requires units to be maintained or they can't be rented. E Councilmember Scott stated she believes the program has good and bad points noting that the biggest problem is the attachments placed on assistance by the federal government. She stated, she would object to any program that would take persons who are now self - sufficient and paying their own rent and place them on a program which would make them dependent on federal assistance. Councilmember Kuefler suggested that the resolution be referred back to the Housing Commission for further study in light of the Council's concerns. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to refer the resolution authorizing the Metropolitan Council to implement the Section 8 Moderate Rehabilitation Program within the City of Brooklyn Center to the Brooklyn Center Housing Commission. Voting in favor: Mayor Dean Nyquist, s Councilmembers Fignar, Kuefler, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 81044 SUBMITTED BY MR. DONALD W. JOHNSTON FOR A SPECIAL USE PERMIT TO CONDUCT A PART -TIME WELDING BUSINESS IN THE GARAGE OF THE PROPERTY AT 4800 71ST AVENUE NORTH The Director of Planning & Inspection reviewed his memorandum prepared on Application No. 81044 and also the minutes of the May 20, 1974 City Council meeting where Planning Commission Application No. 74024 was approved. He stated the home occupation approved in Application No. 74024 is still in operation and that no complaints have been received on the welding operation comprehended in this application. The City Attorney stated that he and the Director of Planning & Inspection had discussed the application submitted by Mr. Johnston and there were major elements of difference between Mr. Johnston's application and the home occupation approved for Mr. Tiefs in Application No. 74024. He pointed out the hours of operation for Mr. Tiefs' business were day hours and for Mr. Johnston's they 7 -27 -81 -6- were night hours. The amount of work done, he pointed out, by Mr. Tiefs in his occupation is approximately one to three hours per month, while in Mr. Johnston's application he estimates approximately 20 hours per month. He explained Mr. Tiefs' occupation was carried out in a detached garage while Mr. Johnston's is attached, that Mr. Tiefs relies primarily on local customers and that the location will attract mainly local trade, while Mr. Johnston's location on Brooklyn Boulevard would add to the quantity of work in addition to the portable welding unit which Mr. Johnston uses. He explained the type t of work done by Mr. Tiefs is generally the repair of applicances found around t j the home and that Mr. Johnston's application involves manufacturing mobile r home steps and repairing larger items than comprehended in Mr. Tief's home occupation. Finally, he pointed out the parking in the two occupations is j quite different in that Mr. Tief's occupation would attract only a small number of customers, while Mr. Johnston's home occupation does not provide much on site parking for the number of customers which could be anticipated. In summation, he pointed out the operations are quite different in type and scope. - Mayor Nyquist recognized Mr. Phearson, who stated he was a neighbor of Mr. Johnston and pointed out that he has had a problem with the previous home occupation in Mr. Johnston's residence for 15 years and that he would hope that this would be a test enough to deny the permit. He stated, he does not feel he should subsidize a welding operation by lowering the property value on his home. Mayor Nyquist recognized Mr. Donald W. Johnston, the applicant who stated he would like to withdraw his application, but would like to use the existing sign to advertise his portable welding unit. He stated the portable unit would be used off the site. The Director of Planning & Inspection stated that a 2 1/2 square foot sign would be permitted if the portable welding operation is a permitted home occupation. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to acknowledge the withdrawal of Application No. 81044 submitted by Mr. Donald W. Johnston for a special use permit to conduct a part -time welding business in the garage of the property at 4800 71st Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RECESS The Council recessed at 9:09 p.m. and reconvened at 9 p.m. PLANNING COMMISSION APPLICATION NO. 81045 SUBMITTED BY - M R. GREGORY BLAZEK FOR A SPECIAL USE PERMIT TO BUILD AND SELL PICNIC TABLES IN THE GARAGE OF THE RESIDENCE AT 6515 BROOKLYN BOULEVARD Mayor Nyquist inquired whether the applicant was present at this evening's meeting. The Director of Planning & Inspection stated that the applicant was not present at this evening's meeting, but that a letter had been sent to the applicant informing him of the tabling action taken on his application at the last Council meeting and that his presence was required at this evening's meeting for consideration of his application. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 81045. 7 -27 -81 -7- Mayor Nyquist recognized Mr. Roy Peterson, 3800 66th Avenue North, who stated he is opposed to the granting of the special use permit and that traffic is a problem in the neighborhood due to people stopping and looking at the picnic tables which are for sale at the applicant's residence. He stated there are too many home occupations in Brooklyn Center and that the manufacturing of picnic tables and the displaying of them in the front yard is not an appropriate use for a residential area. Mayor Nyquist recognized Mr. Gustafson, 3801 66th Avenue North, who stated the applicant's exterior housekeeping is very poor and that the applicant had placed a sign in the center of a stuffed sofa which was placed on his lawn and which advertised the picnic tables for sale. He also noted there are picnic tables in the applicant's front yard which are for sale. The Director of Planning & Inspection informed Council members that he had received a call from a resident at 6505 66th Avenue North inquiring about the application. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing on Application No. 81045. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Planning Commission Application No. 81045. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There wa3 a motion by Councilmember Scott to deny Planning Commission Application No. 81045 if the applicant is not present at the next City Council meeting. In discussion of the motion the Council generally concurred that since the applicant was not present at this evening's meeting it would be appropriate to deny the application based on this fact. Councilmember Scott withdrew her motion. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to deny Planning Commission Application No. 81045 submitted by Mr. Gregory Blazek for a special use permit to build and sell picnic tables in the garage of the P P P g g residence at 6515 Brooklyn Boulevard, because the applicant failed to appear at the public hearing as required by ordinance. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 81047 SUBMITTED BY MEL BOYD /ERLMAR PROPERTIES TO REZONE FROM C -1 TO R -4 THE SOUTH 40' OF LOT 3, (ADDRESSED AS 6123 BEARD AVENUE NORTH), PBC 1ST ADDITION The Director of Planning & Inspection noted the preliminary plat to combine this land with Lot 4, PBC 1st Addition was approved by the City Council on July 13, 1981 and that this plat established the parameters for combining the 40' of lot with the rest of the lot. Councilmembers Kuefler inquired if the City Council desires to control access in this area, can we then consider that in the site and building plan. The City Attorney noted that at the platting stage is where the authority lies to deal with accesses and that this should be a condition which is tied to the final plat approval rather than the site and building plan. 7 -27 -81 -8- The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 4 of the July 16, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81047. He also noted the Planning Commission held a public hearing on the rezoning request at its July 16, 1981 meeting. He pointed out the Planning Commission recommended approval of the rezoning request at its July 16, 1981 meeting and noted that the proper notices had been sent to surrounding property owners regarding the public hearing to be held this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81047. He inquired if there was anyone present who wished to speak to the application. Mayor Nyquist recognized the applicant, Mr. Mel Boyd, who stated he would like to see the access remain the same and a joint driveway easement provided for the project and P.B.C. Clinic. The Council discussed the issue of the joint access and it was the general concurrence of the Council that the access to Beard Avenue should be closed off. Councilmember Scott stated that she does not believe a residential use should share an access with a commercial use and would prefer separate entrances or to move the access further to the north of the project. The Council continued to discuss the issue of access on the site and after a brief discussion, it was decided that the issue of access is separate from the issue of rezoning which is before the Council this evening. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one appeared and he entertained a motion to close the public hearing. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to close the public hearing on Application No. 81047. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve Application No. 81047. In discussion of the motion Councilmember Kuefler stated he would like to resolve the access issue prior to approving the application. The City Attorney stated he would like the opportunity to meet with the Director of Planning & Inspection and the applicant to discuss the access issue. He explained the rezoning should not go forward until the access issue is resolved, noting that the Council's leverage is greatest at the time of rezoning if the access will be a detriment to the property. Councilmember Fignar stated he would recommend that no access be allowed from the P.B.C. Clinic to Beard Avenue, but he added if it will hold up the rezoning he would reconsider. Councilmember Lhotka inquired how critical it would be to have the rezoning issue resolved this evening. The applicant stated that he would like to have the project complete before winter and that the delay would of souse mean more "delay for him, adding that he would like some direction from the Council regarding the access issue. Councilmember Kuefler stated the City Attorney's recommendation regarding the resolution of the access issue makes sense and that the Council shall allow the staff and the applicant an attempt to resolve this issue._ 7 -27 -81 -9- In response to Councilmember Kuefler's question, the City Attorney stated that a motion to table takes precedent over any other motion. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to table consideration of Application No. 81047 until the next City Council meeting to allow the staff and the applicant time to resolve the access issue related to the application. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 81049 SUBMITTED BY BOB RYAN OLDSMOBILE FOR SITE AND BUILDING PLAN APPROVAL FOR THE ADDITION OF A NEW CAR MAZDA SALES OFFICE AND A USED CAR SALES OFFICE AT 6700 BROOKLYN BOULEVARD The Director of Planning & Inspection presented and reviewed pages 4 through 5 of the July 16, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81049. He also proceeded to review the site and building plan for the application. He explained there is an error in the information sheet prepared for the application noting that the last para- graph regarding signery should be deleted. Following a public hearing the Director of Planning & Inspection pointed out the Planning Commission recommended approval of Application No. 81049 subject to six conditions which he reviewed for Council members. He explained, a representative of the applicant is present at this evening's meeting and that the proper notices had been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81049 and inquired if there was anyone present who wished to speak to the application. No one appeared and he entertained a motion to close the public: hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Application No. 81049. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Application No. 81049, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. The two upper floors and the new car sales office approved under Application No. 81006 shall be equipped with an automatic fire extinguishing system in accordance with NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 3. A special use permit as amended is issued to the applicant as operator of the facility and is nontransferable. 4. The permit is subject to all applicable codes, ordinances, regulations, and violation thereof shall be grounds for revocation. 5. Plan approval is exclusive of all signery which is subject to the provisions of the sign ordinance. 6. Plan approval acknowledges approval of Application No. 81006 as to location and exterior treatment of the new Mazda car sales office. 7 -27 -81 -10- Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. DISCUSSION ITEMS PRELIMINARY RESULTS OF CITIZEN ATTITUDE SURVEY The City Manager stated the preliminary computer printout of the Citizen Attitude Survey is complete and the results should be useful for budget purposes noting there is still time to use it in conjunction with department head input. He added that the staff will tabulate the results of the survey and put it in a more readable form for Council members. A discussion ensued among Council members regarding the survey results. Council member Kuefler commented that the information presented in the survey was very interesting and that he believes it was a good and worthwhile survey noting that the residents he interviewed were very appreciative of being included in the survey. Ms. Sharon Schmickle who developed and set up the survey format discussed the results of the survey with Council members, pointing out that more information can be obtained from the survey in that the computer can calculate more detailed information on the responses to the questions using various variables. Council - members thanked Ms. Schmickle for her work on the survey. RENEWAL OF EMPLOYEE ASSISTANCE PROGRAM FOR 1981 -82 The City Manager pointed out that Administrative Assistant Bublitz had prepared a memorandum regarding the Employee Assistance Program requesting that it be renewed for the next contract period. He stated the memorandum was fairly self explanatory and that the program has been one that has been very valuable for both the City and it's employees. He stated the staff is recommending renewal of the program for another contract period. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize the Mayor and City Manager to enter into an agreement with the Metropolitan Clinic of Counseling Incorporated for a renewal of the Employee Assistance Program for the period July 1, 1981 to June 30, 1982. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. NEW STATE STATUTE PERMITTING SALE OF LIQUOR ON SUNDAY AT 10:00 A.M. The City Manager reviewed the memorandum from the Chief of Police regarding the new State Law permitting the sale of intoxication liquor on Sundays at 10:00 a.m. The Council discussed the new statute and after a brief discussion agreed that it would be advisable to obtain some input from the Chamber of Commerce regarding this new statute, prior to taking any action at the Council table. Councilmember Fignar commented, he was asked by the innkeeper at the Holiday Inn in Brooklyn Center to have the Council consider this legislation and that he could take it to the Chamber of Commerce for their input. Councilmember Kuefler and Council- member Lhotka stated they agreed with Councilmember Fignar's comments and suggestion and there was a general concurrence among Council members to seek input from the Chamber of Commerce regarding the new state statute. 7 -27 -81 -11- COMMENTS FROM COON RAPIDS CITY COUNCIL ON DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR TRUNK HIGHWAY 610 (NORTH CROSS -TOWN) The City Manager pointed out the information from the Coon Rapids City Council as provided for Council information. He added that the Coon Rapids City Council is supporting the northern route for the proposed trunk highway 610. DISTRICT #281 COMMUNITY EDUCATION AND SERVICES ADVISORY COUNCIL The City Manager pointed out the City Council has an opportunity to nominate a Council member for appointment to the Advisory Council. He added, that John Schaaf, City Council member from Crystal, has served as the representative this P year ear and that he has indicated an interest in serving another term. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to support the reappointment of John Schaaf, Crystal City Councilman to the Community Education and Services Advisory Council. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTION EXPRESSING THANKS FOR ASSISTANCE PROVIDED BY THE CITY OF BROOKLYN CENTER TO THE CITY OF ROSEVILLE AFTER THE TORNADO DISASTER The City Manager pointed out this item is included for Council information explaining that the City of Roseville received approximately twenty calls from other cities offering assistance the day after the tornado disaster this summer. He stated, the City of Brooklyn Center sent the City of Roseville two building inspectors to help in their damage assessment. He pointed out, this assistance was greatly appeciated by the Roseville City staff and Council. Councilmember Kuefler complimented the staff for their assistance which they provided to the City of Roseville during this disaster. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT Sears Roebuck Brookdale Ctr. MECHANICAL SYSTEM'S LICENSE D. J.'s Heating & Air Cond. 6060 Labeaux Ave. Equipment Supply, Inc. 593 N. Fairview Ave. Modern Heating & Air Cond. 2318 First St. N.E. RENTAL DWELLING LICENSE Initial: John S. Tschohl 5412 Colfax Ave. N. L. B. Wilson -Rice 7037 Logan Ave. N. Renewal: Irvin & Ruth Schloff 4819 Azelia Ave. N. Walter Kocemba 7124 Kyle Ave. N. Amos Levang 4100 Lakebreeze Ave. N. Warren Samuelson 4200,4204 Lakebreeze Ave. N. James & Bobbie Simons 4210 Lakebreeze Ave. N. Don Pfau 6913 Unity Ave. N. 7 -27 -81 -12- Transfer: Cosmopolitan Apartments 3401 -3413 47th Ave. N. SIGNHANGER'S LICENSE Cragg Inca 9636 85th Ave. N. • SPECIAL FOOD HANDLING LICENSE Y Vicker's Minnesota Oil 6830 Brooklyn Blvd. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager stated that at a recent meeting of the Northwest Suburbs Cable Communications Commission, the Commission found itself in a position where interim funds are needed until the franchise is let. He explained, these costs are for various fees including attorney fees and that they will be reimbursed by the cable company when the franchise is let. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to authorize the payment of $1,000 to the Northwest Suburbs Cable Communications Commission for interim funding until the franchise is let. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 10:45 p.m. Mayor 7 -27 -81 -13-