Loading...
HomeMy WebLinkAbout1980 12-08 CCM Regular Session i 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 DECEMBER 8, 1980 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, 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 Inspections Ron Warren, Civil Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by City Manager Gerald Splinter. APPROVAL OF MINUTES - NOVEMBER 3, 1980, REGULAR SESSION - NOVEMBER 17, 1980, REGULAR SESSION - , NOVEMBER 19, 1980, SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of November 3, 1980 as sub - mitted.` Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Scott. Voting against: none. The motion passed. Councilmember arrived at 7:05 p.m. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the minutes of the City Council meeting of November 17, 1980 as sub- mitted. 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 Mayor Nyquist to approve the minutes of the special City Council meeting of November 19, 1980 as submitted. Voting in favor: Mayor Nyquist and Councilmember Kuefler. Voting against: none, Councilmembers Scott and Lhotka abstained from voting as they were not present at the November 19, 1980 meeting. The motion passed. OPEN FORUM Mayor Nyquist noted that the'Council had received a request to use the Open Forum session from Mr. Roy Miller, representing Nino's Restaurant and the Earle Brown Farm. Mayor Nyquist recognized Mr. Miller who addressed the Council and requested that the Council change the payment schedule for the payment of the $10,000 liquor license fee to either a monthly, quarterly, or semi - annual payment rather than a single payment at the beginning of the year. He requested' that the City Council examine the way the fee is charged and explained that he currently has a cash flow problem due in part to the highway construction currently under way in the City. Councilmember Kuefler inquired what construc- tion Mr. Miller was referring to. Mr. Miller explained that essentially the 94 highway construction had left him with a lack of exposure with regard to signery. The City Attorney arrived at 7 :10 p.m. 12 -8 -80 -1- In "response to Mr. Miller's request, the City Manager explained the City's current ordinance does not provide for any other than an annual payment for liquor license fees and that a change would probably require an ordinance change * The Director of Finance added that liquor license fee payments are due by January 1 of each year. Mr. Miller stated that his situation was a drastic hardship and he requested the Council to look at changing the payment schedule. The City Manager ex- plained, the City Attorney can review the payment policy and report to the Council at the next meeting. Councilmember Fignar arrived at 7:11 p.m. Councilmember Lhotka stated that he would like to be assured that any ordinance change with regard to the payment of the liquor license fee consider the special circumstances in this case only adding that, -an, overall general ordinance change would not be in order to address this specific case. FINAL PLAT APPROVAL - EVANGELICAL LUTHERAN CHURCH OF THE MASTER The Director of Public Works showed a transparency of the plat to the Council and explained the preliminary plat was approved subject to four conditions, two of which have been met by the applicant at this point. He explained the two conditions yet to be met are the receipt of the abstract and the moving of the tool shed located on the lot line. He explained the staff is recom- mending approval contingent on the applicant meeting the remaining two conditions. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the final plat for the Evangelical Lutheran Church of the Master (69th and Emerson Avenues North) Planning Commission Application No. 80044 subject to the following conditions 1. The receipt of the abstract from the applicant. 2. The storage shed on.the northwest portion of lot 2 shall be relocated in a manner to meet setback requirements for accessory structures. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PERFORMANCE BOND REDUCTIONS /RELEASES The City Manager referred Council members to a memorandum from the City's Planning Assistant which recoirmended the reduction of performance guarantees for Humboldt Square Townhouses, 6749 to 6777 Humboldt Avenue North, Hafron United Methodist Church parking lot, 5505 Dupont Avenue North, and the release of a performance guarantee for lst Brookdale State Bank, 5920 Brooklyn Boulevard. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to reduce the performance guarantee on Humboldt Square Townhouses, 6749 to 6777 Humboldt Avenue North from $12,000 to $5,000, to reduce the performance guarantee on Harron United Methodist Church parking lot, 5505 Dupont Avenue North from $10,000 to $4,000, and to release the performance guarantee in the amount of $5,000 on the 1st Brookdale State Bank,: 5920 Brooklyn Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.. Voting against: none. The motion passed unanimously. i 12 -8 -80 -2- MN /DOT PRESENTATION AND RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF I -94 FROM SOUTH CORPORATE LIMITS TO 61ST AVENUE NORTH The City 'Manager .introduced the next agenda item and explained MN /DOT has sub- mitted final plans and specifications for construction of the I -94 south leg and added that MN /DOT is requesting City Council approval of these plans and specifications. The Director of Public works informed Council members that the staff has been meeting with MN /DOT and that most of the City's requests regarding the project have been met. He introduced Mr. Don Flemming, the Assistant District Engineer, who in turn introduced other representatives of MN /DOT including Tim Johnson, the Project Manager; Jerry Kreutzer, the Resident Engineer, Howard McDermitt, the Project Designer; and Mike Spielmann, the Project Engineer. Mr. Johnson of MN /DOT reviewed the I -94 route from Minneapolis to Brooklyn Center and noted that the route will go under the Camden bridge and under a railroad bridge in the Camden area. He explained, the project starting date is March of 1981 and the target completion date is November 1982. Council - member Fignar inquired why there were no incentive clause on the north -south segment from 49th to 61st Avenue North. Mr. Kreutzer explained that this particular project cannot stand by itself and that the adjoining project must be completed before it will be,usable, therefore, it would not be practical to include an incentive clause in this portion of the project. Mr. Kreutzer added that, during the construction project, traffic will be maintained on Lyndale Avenue at all times and that in stage 1, a by -pass will be constructed at 61st Avenue and West Frontage Road from 58th to 59th and°in stage 2, the mainline corridor will be built from 694 to 53rd and in stage 3!, the Lyndale traffic will be placed on the mainline corridor. The City Manager requested a clarification of the status of Lyndale during the project. Mr. 3ohnson of MN /DOT explained that Lyndale will be open at all times but some temporary lane closures at off -peak hours will be imposed. The City Manager inquired whether MN /DOT would plan to use any side roads during construction or would all traffic be kept on the main body of ' Lyndale Avenue. Mr. Johnson explained that traffic will remain on the main body of Lyndale and not be routed to side streets. Mr. Flemming of MN /DOT explained that construction shacks and material piled onto the project will not be located on the west side of the Freeway but that ,MN /DOT cannot assure that this will be done for salvage material by the contractor, since the contractor has control of the project site in the project right -of -way. The Director of Public 'Works stated that the contractor generally has control of the land within the right -of -way and that MN /DOT felt it could not give the City any kind of veto power over the location of salvage material by.the contractor_ Councilmember Lhotka inquired what kinds of procedures the City could expect during the project. Mr. Flemming stated that MN /DOT will attempt to cooperate with the City to the fullest extent possible during the project. The City Manager inquired what the status of the traffic flow from west 694 to 100 will be in the fall of 1981. Mr. Kreutzer explained that the bridges accommodating the westbound 694 traffic to 100 should be* complete and that Shingle Creek traffic will be back to local 'traffic only in the fall of 1981. RESOLUTION NO. 80 -273 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF INTERSTATE HIGHWAY 94 FROM SOUTH CORPORATE LIMITS TO 61ST AVENUE NORTH 12 -8 -80, -3- The motion for the adoption of the foregoing resolution was duly seconded by P g 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. Councilmember Scott inquired of MN /DOT officials when the France and 100 project will be completed. Mr. Flemming replied that the starting date for the project will be April 20, 1981 and that the project should be completed within 1O0 working days. PUTBLIC HEARING ON SPECIAL USE PERMIT FOR "SNACKS AND NICKNACKS Mayor Nyquist noted that it was the appointed time for the scheduled public hearing regarding the special use permit for "Snacks and Nicknacks The City Manager stated, at the November 17, 1980 City Council meeting, the Council scheduled a public hearing to review the special use permit for "Snacks and Nicknacks ". He added, the special use permit is for the games.area only and does not include the other areas of the store. He explained, the matter before the Council this evening is the consideration of the revocation of the special use permit. He pointed out, Mr. Blomberg's letter to the Mayor and Council is included in the Council's packet this evening along with the memorandum from the Director of Planning and Inspections dated December 5, 1980; he also noted that Chief of Police James Lindsay is present at this evening's meeting to answer any questions the Council might have regarding this item. Mayor Nyquist inquired whether Chief Lindsay had reviewed the letter submitted by the applicant, Mr. Blomberg. Mayor Nyquist opened the meeting for the purposes of a public hearing on the special use permit for "Snacks and Nicknacks Mayor Nyquist recognized Mr. Gerald Blomberg who addressed the Council and explained that he was dismayed that the article regarding his store appeared in the newspaper before he had a chance to speak to the Council on this matter. He also noted that he had not received all the staff memos submitted to the Council regarding his business and the special use permit. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to close the public hearing on the special use permit for "Snacks and Nicknacks". Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously,. Councilmember Kuefler inquired of the City staff whether it was the questionable activity occuring at Mr. Blomberg's store or the amount of space designated for games in the special use permit that is the grounds for the revocation. The Director of Planning and Inspections stated that essentially both problems were being considered and that Mr. Blomberg has not complied with the limits placed on the location of the game area by the Council in the special use permit. He added that the City's Building Official had noted that the games area approached 50% of the area of the store and not the 1/3 area that was made a part of the original conditions for the special use permit approval. Councilmember Fignar requested that the Director of Planning and Inspections review the nine points of the special use permit for the games operation. In response to Councilmember Fignar's request, the Director of Planning and Inspections proceeded to review 12 -8 -80 -4- the nine points contained in the July 21, 1980 City Council minutes: He noted that, with regard to condition no. 1, the applicant had been in compliance and that with item no. 2 there was a possible violation with regard to the activities outlined in the Police reports. With regard to condition no. 3, he noted the applicant has been in compliance. In consideration of condition no. 4`, he noted that the public hearing -this evening is part of the 4th condi- tion as stated in the minutes. In reviewing condition no. 5, he noted that the house rules prepared by the applicant stated that employees would be over 19 years of age and that the staff has some reason to believe that some of Mr. Blomberg's employees at "Snacks and Nicknacks" were under 18. He pointed out, with regard to condition no. 6, requiring bikeracks, that the condition had.been met and the bikeracks have been provided. The Director of Planning and Inspections noted he did not have a comment on condition no. 7 but that with condition no. 8 regarding the amount of area devoted to games, there has been a violation by the applicant. With regard to the final condition, he stated he was not aware of any problems with regard to the use of the emergency fire exits at the "Snacks and Nicknacks" location. Councilmember Fignar requested Chief Lindsay to comment on condition no. 2, which stated that the permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. Chief Lindsay responded by stating that the Police Department's concern is mainly in the area of two items, those being Blomberg's purchase of merchandise from juveniles for playtime on the machines in his store and the pending complaint against Mr. Blomberg for receiving stolen property. Councilmember Scott inquired how much time has been spent by the Police Department on this case. Chief Lindsay replied that two invenstigators have been involved on the•case since September 29, 1980. He noted the first complaint was from a Mrs. Delaney who noticed certain merchandise in Mr. Blomberg's store which had been taken from her basement. He explained that Investigator Monteen had talked to Mr. Blomberg who admitted that he had purchased the. merchandise and that it was valued at $114. Chief Lindsay explained that two weeks later Mrs.. Delaney contacted Investigator Monteen again regarding the merchandise and that Officer Monteen had recovered certain merchandise belonging to Mrs. Delaney valued at $97.50 and that the merchandise had apparently been taken by her son and sold to Mr. Blomberg. Chief Lindsay added, on October 21, 1980, the Police Depart- . ment received 'a report of stolen merchandise from the Brooklyn Center High School and that Mr. Blomberg turned over the recorder from the Brooklyn Center High School to Officers Monteen and Flaherty. Chief Lindsay added, in addition to the merchandise previously mentioned, he had in his possession this evening two speakers which had been turned over to the Police Department from Mr. Blomberg. In summary, the Chief noted that the Department has spent considerable time on this case. Councilmember Figrar inquired whether the information provided thus far would constitute grounds for revoking the special use permit. The City Attorney replied that the procedures would be to direct the staff to prepare the documents for formal action on the special use permit at the December 22, 1980 City Council meeting. He also stated that he would suggest keeping the public hearing open to allow Mr. Blomberg to comment and obtain any additional memorandums or other material he alledged were denied to him previously. He stated he would not advise taking any action on the special use.permit at this evening's meeting. Councilmember Kuefler stated that it was his original thought that the business was primarily a gift shop and was not dealing with such items as speakers and recorders, etc. 12- -8. -80 -5- There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to direct the staff to prepare the resolution stating the grounds for revocation ,and authorizing the revocation of the special use permit for "Snacks and Nick - acks ". Voting in favor :' Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. WIayor'Nyquist inquired of the Director of Planning and Inspections whether he load any comments regarding Mr. Blomberg's comments on the use of the floor -area cas stated in his letter to the Council. The Director of Planning and Inspections tated that 1/3 of the area of the store is not all wall -to -wall games, but that he Planning Commission's original recommendation regarding the approval of the W,ecial use permit involved the request to see the games area confined to the mar of the store only. He noted, the conditions stated the games should be =nfined to the back 1/3 of the store area not spilling out into the front of the store. He added, the City's Building Official inspected the premises and fmound the games area was approaching 50a of the floor area and not the original V/3 as stated in the conditions for special use permit approval. Councilmember Fignar commented that in the Director of Planning and Inspections' December 5, 1980 memo and in the Planning Commission minutes, it was stated that Mr. Blomberg pointed out that 30% of the revenue in his store would come from games. He inquired whether Blomberg's net income from the games was 30% of the total of the store income. He added, he would suspect that the total dollars from the games would be higher than 30% since the owners of the games ust take a considerable cut out of the income from the games. Mr. Blomberg moted that 500 of his net income comes from the games. He- added, he was under the impression that the games should occupy 1/3 of the total area of the store and not necessarily any particular portion of the store. Regarding the mer- chandise he stated that the customer who sold him the merchandise asked him if he wanted to purchase items from his mother's gift shop that had closed. He stated he had become aware only after the Police Department informed him that the items were stolen. Councilmember Fignar stated, it appears that Mr. Blomberg's approach to this purchase did not show the best judgment. Mr. Blomberg stated that he was guilty of making judgmental errors in this matter. Councilmember Fignar stated that he had personally talked to merchants in the Humboldt Square Center and that particularly with regard to the Century 21 location, the individuals working at night were concerned with the "Snacks and Nicknacks" operation and the problems which were created by customers from "Snacks and Nicknacks ". He added, the bikerack is in place but it is in a bad location due to the fact that cars can block the rack and make it unusable for bicycles. Mr. Blomberg requested that the Council make a decision regarding his special use permit at this evening's meeting. The City Attorney stated that it is his suggestion to consider the revocation of the special use permit at the _next meeting and to allow Mr. Blomberg due consideration between now and the next meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to keep the public hearing on the special use permit for "Snacks and `Nicknacks open until the December 22, 1980 City Council meeting.' Voting in favor: -Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 12 -8 -80 -6- RECESS The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9:07 p.m. Mayor Nyquist recognized Mr. Hank Longo representing the National Water Ski Association. Mr. Longo stated, because his organization was able to place a ramp on Twin Lake to practice water skiing it contributed greatly to the progress of his ski team and that they had since been ranked in the top 100 in the world. He added, he and his organization was grateful to the City to be able to use the ramp on Twin Lake and he presented the City with an award showing appreciation for their consideration of his association's request. RESOLUTIONS The City Manager introduced a resolution requesting Hennepin Urban County to reallocate Brooklyn Center's Year V Local Option Funds. Barb Jensen of the Community Development Advisory Committee addressed the Council and explained that the Community Development Committee has met and held the appropriate public hearings with regard to the Community Development Project recommenda- tions and she also reviewed the Committee's recommended projects for the Council. RESOLUTION NO. 80 -274 Member Celia Scott introduced the following resolution; and moved its adoption: RESOLUTION REQUESTING HENNEPIN URBAN COUNTY TO REALLOCATE BROOKLYN CENTER'S YEAR V LOCAL OPTION FUNDS 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. RESOLUTION NO. 80 -275 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOPMENT PROGRAM TO HENNEPIN COUNTY FOR CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED 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. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 80033 submitted by AFIA Associates for a variance from the Sign Ordinance to allow a 25 square foot real estate sign on the building located at 5901 John Martin Drive, rather than the 5 square feet presently allowed. He added, the Planning Commission recommended denial of Application No. 80033 at its November 20, 1980 meeting. 12 -8 -80 -7- The Director of Planning and Inspections presented and reviewed for Council members pages 1 through 2 of the November 20, 1980 Planning Commission minutes and also the Planning'Commission information sheet prepared for Application No. 80033. He added, the Planning Commission reviewed the application at its September 11, 1980, October 23, 1980 and November 20, 1980 meetings. He noted that Ordinance 12B on this evening's agenda is related to Application No. 80033 and that the Planning Commission recommended the City staff to draft this ordinance. He noted, the Planning Commission is recommending an ordinance change in lieu of the variance request by the applicant. He added, a public hearing is required on the application and that the proper notices have been .sent regarding the application request. Councilmember Fignar inquired how the ordinance reflects on Application No. 80033. The Director of Planning and Inspections stated that, under the ordinance the applicant would be allowed a 20 square foot rather than a 10 square foot sign when the distance from the right -of -way is considered. He explained the signs are permitted only when the vacancies or knowledge of vacancies exist. Mayor Nyquist opened the meeting for the purposes of a pu blic hearing n o Application No. 80033 and inquired if there was anyone present who wished to speak either against or for the application. Mayor Nyquist recognized Mr. Robert Fodness of AFIA Associates who thanked the Planning Commission for their efforts in preparing this ordinance and he stated he believes the ordinance is a realistic solution to his request. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Application No. 80033. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmenuber Kuefler and seconded by Councilmember Fignar to deny Application No. 80033, a request for a variance from the Sign Ordinance to allow a 25 square foot real estate sign at 5901 John Martin Drive on the grounds that the standards for a variance are met. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scot::. Voting against: none. The motion passed unanimously. The City Manager introduced Application No. 80047 submitted by Metropolitan Salad and Produce for a special use permit to sell produce directly to the public in an industrial district at 6840 Shingle Creek Parkway. He explained, the Planning Commission recommended approval of Application No. 80047 at its November 20, 1980 meeting. Councilmember Fignar left the table at 9:40 p.m. The Director of Planning and Inspections presented and reviewed for Council members pages 3- through 6 of the November 20, 1980 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 80047. He proceeded to review a transparency of the subject site and noted that the Planning Commission, following a public hearing, recommended approval based on ten conditions which he reviewed for Council members. Councilmember Kuefler inquired if this is the first retail establishment allowed in an Il zone. The Director of Planning and Inspections stated that Schmitt Music and Swenson's Carriage House have special use permits for their retail sales operations in an I1 zone but that this is the first operation to be 12 -8 -80 -8- located in the particular spec industrial building. Councilmember Kuefler inquired whether the request for retail in an Il zone would create.any problems with future requests for retail operations in the zone. The City Attorney stated that, excluding retail is not a question of balance and that generally in Il zones, the industrial uses may have a negative effect on retail operations. The Director of Planning and Inspections pointed out that the special use permit allows industrial users to sell to the general public only under certain condi- tions and that he each request has to be dealt with independently regarding its particular impact on the area. Mayor Nyquist inquired whether the City may be setting some kind of precedent in this situation. Councilmember Fignar returned to the table at 9:55 p.m. The Director of Planning and Inspections stated that Dale Tile and Federal Lumber already sell to the public and are located in an industrial zone, so he does not believe this is a precedent setting request. The City Manager stated, as long as the retail use is secondary to the overall operation,,- would not appear to be -a problem with regard to the parking situation. The City Attorney inquired whether there was a basic industrial use associated . with this application. The Director of Planning and Inspections stated that there was and that it was the wholesale produce activity which is a permitted use in the Il zone._ The City Attorney stated that the control the City has is that the applicants must have a basic industrial use that is permitted before a special use permit is considered. Councilmember Kuefler inquired whether the retail sales will increase the number of employees. The applicant replied that it would not at the present time, but perhaps in the future it would. Mayor Nyquist opened the meeting for the purpose of a public hearing on Appli- cation No. 80047. He inquired if there was anyone present who wished to speak either against or for the application. No one appeared to speak. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Application No. 80047. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Application No. 80047, a request by Metropolitan Salad and Produce Company to sell produce directly to the public in an industrial district at 6840 Shingle Creek Parkway, subject to the following conditions: 1. The hours of operation (applies to sales only) shall be from 10:00 a.m. to 7:00 p.m., Tuesday through Friday and 8:00 a.m. to 5:00 p.m. Saturday. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3. The permit is subject to all applicable codes, ordinances, and regu- lations and any violation thereof shall be grounds for revocation. 12 -8 -80 -9- 4. The 'permit is subject to the approval of the City Sanitarian with respect to food storage and handling facilities. 5. The permit is subject to approval by the Building Official of all remodeling plans to make the space conform to commercial occupancy standards of the uniform building code. 6. The operation is limited to the current 2,660 square foot tenant space at 6840 Shingle Creek Parkway. 7. The permit is subject to review by the Planning Commission after one year of operation to assess the impact on surrounding land uses. 8. No outside storage, display or sale of merchandise on the premises is comprehended by this special use permit. 9. All signery associated with the special use shall be subject to the sign policy contained in the City Council Resolutions 74 -169 and 77 -67 and to the Sign Ordinance generally. 10. The permit is subject to approval by the City's Building Inspector and Sanitarian. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ORDINANCES The City Manager introduced an ordinance amending Chapter 35 of the City Ordinances relative to rezoning certain from Rl to R2. 'He explained this ordinance was first read at the November 17, 1980 City Council meetincl, published on November 26, 1980 and is presented this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on the ordinance amending Chapter 35 of the City Ordinances relative to rezoning: certain property from Rl to R2. There was a motion by Councilmember Scott and seconded by Councilmember Kuefier to close the public hearing on the ordinance. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ORDINANCE NO. 80 -14 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO REZONING- CERTAIN PROPERTY FROM R -1 TO R -2 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. 12-8 -80 -10- The City Manager introduced an ordinance amending Chapter 34 regarding direc - tional signs; certain real estate signs; and identification signs for churches, synagogues, and temples. He explained this ordinance amendment has been recommended by the Planning Commission and is presented this evening for a first reading. Councilmember Kuefler left the table at 10:17 p.m. Mayor Nyquist noted he had a problem with the rationale for the size of the .sign based on the size of the wall as stated in the ordinance. The Director c>f Planning and Inspections noted that an explanation of this was that a small sign on a large wall looks even smaller than if it were on a smaller wall. The City Attorney stated that most sign ordinances that he has reviewed do consider the size of the wall when considering the square footage allowed in the sign. Councilmember Kuefler returned to the table at 10:22 p.m. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to offer.for first reading an ordinance amending Chapter 34 regarding direc - tional signs; certain real estate signs; and identification signs for churches, synagogues, and temples. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting "against: none. The motion passed mianir usly. RF;SOLUTIONS CONTINUED !The City Manager introduced a resolution authorizing the purchase of one cargo van for the municipal liquor stores and pointed out that the store manager's personal vehicle is now used to haul supplies of liquor and that this is not working out satisfactorily. He explained, there is more of a need now to haul merchandise from one store to another due in part to the new inventory system. RE SOLU T ION NO. 80 -276 M Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF ONE (1) CARGO VAN FOR THE 'MUNICIPAL LIQUOR SWRE 3 '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 adopted. RESOLUTION NO. 80 -277 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS AND AUTHORIZING ADVERTISEMENT FOR NEW BIDS FOR 67TH AVENUE NORTH STORM SEWER EXTENSION PROJECT 1980 -24 -- CONTRACT 1980 -P 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. RESOLUTION NO. 80 -278 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN OF PEDESTRIAN /BIKEWAY BRIDGE ACROSS T.H. 100 AT SHINGLE CREEK - PROJECT 1980 -06 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, Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting work performed on Project 1980 -G (66th Avenue improvements). The Director of Public Works explained there are two actions being recommended on this item, one being the approval of the resolution and the other being a motion to approve the reduction of the developer's letter of credit from $63,500 to $8,500. He explained the remaining amount will be adequate to assure completion of the work items remaining for which the developer is responsible which include boulevard' sodding, trees, driveways, survey monuments, and street signs. RESOLUTION NO. 80 -279 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1980 -13B (66TH 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. There was a motion by Councilmemb =r Scott and seconded by Councilmember Fignar to reduce the amount of the letter of credit on the Earle Brown First Addition, as stated in the subdivision agreement, from $63,500 to $8,500. Voting in favor; Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION NO. 80 -280 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 60197M WITH MINNESOTA DEPARTMENT OF TRANS- PORTATION 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. 80 -281 Member Celia Scott introduced the following resolution and moved its adoption: 12 -8 -80 -12- RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR COIN OPERATED STAINLESS STEEL LOCKERS AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of 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. RESOLUTION NO. 80 -282 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF REPAIR AND RESETTING NO. 4 WELL PUMP 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. 80 -283 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA SHADE TREE PROGRAM AND APPROVING THE 1981 SHADE TREE PROGRAM BUDGET 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. The City Manager introduced a resolution establishing a uniform policy with respect to lobbying by cable applicants with individual City Council members or City staff. He explained, this resolution has been proposed by the North - west. Suburbs Cable Communications Commission to deal with the lobbying efforts by Cable Companies. He added, the resolution is modeled after the one used by the Southwest Cable Group. Mayor Nyquist stated he was concerned that the resolution would prevent Council members from gaining information on cable television and that he believes it is too restrictive in this regard. Councilmember Kuefler stated that he con - curred with Mayor Nyquist's comments and would like to be able to gather information on cable television matters and that this resolution appeared to prevent that type of activity. The City Manager explained, essentially, the resolution was intended to prevent the cable operators from lobbying with individual Council members and that it was not intended that it prohibit individual Council members from gaining information on cable television systems. The City Attorney suggested that paragraph no. 1 in the resolution be amended to state "It is the policy of the Mayor and City Council that all communications from the Cable Companies to the City regarding any matter of the cable communications system shall be directed to the City's appointed directors to the Northwest Suburbs Cable Communications Commission and not to an individual Council or staff member." Council members concurred with this amendment and felt it provided them with the flexibility needed to gain information on cable systems. 12 -8 -80 -13- RESOLUTION NO. 80 -284, as amended Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A UNIFORM POLICY WITH RESPECT TO LOBBYING BY CABLE APPLICANTS WITH INDIVIDUAL CITY COUNCIL MEMBERS OR CITY STAFF The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following 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. APPROVAL OF FIRE RELIEF ASSOCIATION INVESTMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the purchase of $25,000 of Texas Electric Company bonds at 8' -5j8% coupon maturing April, 2004 by the Fire Relief Association. The cost is $18,417.50 and the accrued interest is $958.33. The total cost comes to $19,375.83 and the yield to maturity is 12 %. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DECLARATION OF SURPLUS PROPERTY There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to declare certain excess property in the Police Department as surplus, the property consisting of a large resuscitator unit with an aluminum case and twenty helmets which have liners that have disintegrated over time. voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. SPECIFIED LICENSES LIQUOR LICENSE FOR JIMMY'S LEMON TREE There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the liquor license for Jimmy's Lemon Tree located at 5540 Brooklyn Boulevard. Voting in iavor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. NONINTOXICATING LIQUOR LICENSE FOR ROCKY ROCOCO The City Manager explained that the staff is recommending approval of the nonintoxicating liquor license for Rocky Rococo's restaurant contingent on the final purchase agreement being signed. He pointed out that Oscar Mayer Food Products, Inc. is selling the back to the First Gilman Corporation and that the purchase agreement has not been finalized yet. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the nonintoxicating liquor license for Rocky Rococo's restaurant located at 1267 Brookdale Mall contingent on the receipt of the signed purchase agreement verifying there are no major changes in the operation of the restaurant. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The City Manager introduced the first discussion item which was the consideration. of the revision of the Fire Relief Association Bylaws to allow an increase in pension benefits. He explained-, the revised bylaws are presented for the Council's information but no action is being requested at this time. The Director of Finance stated, the Council now has the authority to increase the monthly pension benefits for Firemen :ti 7 hich is a change from the old procedure where an act of the State Legislature was required to accomplish this. 12 -8 -80 -14- CONSIDERATION OF APPOINTMENT TO NORTHWEST HUMAN SERVICES COUNCIL The City Manager stated that Dr. Duane Orn's term on the Council expires at the end of this year and that he would contact Dr. Orn to see if he wishes to continue serving on the Council. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to reappoint Dr. Duane Orn to the Northwest Human Services Council sub- ject to Dr. Orn's acceptance. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. CONSIDERATION OF CHARTER AMENDMENT REGARDING USE OF MONIES RECEIVED FROM THE SALE CITY OWNED PROPERTY The City Manager referred Council members to a memorandum from Administrative Assistant Bublitz regarding the Charter restrictions on proceeds from the sale of real property and pointed out that a Charter amendment would be required to allow the City to use monies received from the sale of City owned property for the purposes other than retirement of the City's bonded indebtedness. He pointed out the specific and general effect of this Charter provision is to require the City to pay off older bond indebtedness, or at least to set current proceeds from land sales aside to pay off older bonds and indebtedness which the City holds at a very favorable interest rate while at the same time the City is financing current capital improvements at interest rates which are 3 and 4% higher than those issues which are being retired. The Council members concurred with the City Manager's recommendation and authorized the Manager to discuss this item with the Charter Commission. CONSIDERATION OF REVOCATION OF RENTAL LICENSE FOR CHIPPEWA PARK The City Manager referred Council members to a memorandum from the Director of Planning and Inspections regarding the Chippewa Park Apartment rental Yicense and pointed out that the staff will be meeting with the 'representatives from Chippewa Park to discuss the correction of the fire safety concerns at the apartment complex and that if no satisfactory agreement can be reached, the staff will recommend that the Chippewa Park rental license be revoked. In the meantime, he pointed out, the Council can authorize the setting of a hearing date for this procedure and in the interim, if an agreement can be ,reached, the public hearing can be cancelled. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to set the public hearing date for consideration of the Chippewa Park Apartment rental license for January 26, 1981. MILEAGE REIMBURSEMENT POLICY The City Manager stated he is recommending that the mileage policy be revised retroactive to June 1,, 1980 based on the information prepared by Administrative Assistant Hoffman regarding mileage reimbursement policies. He stated the revision would increase the current mileage rate of 18� per mile to 214 per mile and the 21� per mile now being paid to appraisers and inspectors would be raised to 24� per mile. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to amend Resolution No. 79 -89 by increasing the stated rate of 18G per mile to 21� per mile and the rate of 21� per :Wile to 24� per mile retroactive to June 1, 1980. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 12 -8 -80 -15- HAZARDOUS WASTE DISPOSAL SITES SEARCH AREA NOTIFICATION The City Manager stated that the City of Brooklyn Center along with every other, city in the state has been notified that they are under consideration for the hazardous waste disposal site.. He pointed out, the site requires at least 400 to 600 acres and that the City of-Brooklyn Center would not qualify for consid- eration. Administrative Assistant Bublitz pointed out that along with the notification, the City has the opportunity to appoint a representative to the Committee that will be making recommendations regarding the siting of the hazardous waste dump. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to appoint the City Manager to the Criteria and Siting Committee for the Hazardous Waste Disposal Site. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 1981 COUNCIL MEETING SCHEDULE The City Manager pointed out that the staff has prepared a tentative schedule for the 1981 Council meeting dates and that the Council can review this schedule and take formal action on the schedule at the December 22, 1980 meeting. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the following list of licenses: BENCH LICENSE U. S. Bench'Corporation 3300 Snelling Ave. BOWLING ALLEY LICENSE Beacon Bowl 6525.Lyndale Ave. No. JEM BOWL, Inc. 104 East 60th Stree. Earle Brown Bowl 6440 James Circle North` Lyndale Bowl, Inc. 6357 North Lilac Drive BULK VENDOR LICENSE K -Mart Corporation 3600 63rd Ave. No. CIGARETTE LICENSE Advance- Carter Company 850 Decatur Ave. No. Brooklyn Center Liquor Store #1 6800 Humboldt Ave. No. Brooklyn Center Liquor Store #2 6150 Brooklyn Blvd. Brooklyn Center Liquor Store #3 5711 Morgan Ave. No. Denny's Restaurant 3901 Lakebreeze Ave. No. Farrell's'Ice Cream Parlor 5524 Brooklyn Blvd. Jimmy's Lemon Tree 5540 Brooklyn Blvd. Woolworth's Brookdale Shopping Ctr. Brookdale Cinema 5801 John Martin Drive Brooklyn Center Country Boy 4401 69th Ave. No. Brooklyn Center Mobil 6849 Brooklyn Blvd. Brooks Superette 6800 Humboldt Ave. No. Brother's Brookdale Restaurant Brookdale Shopping Ctr. 12 -8 -80 -16- Canteen Company 6300 Penn Ave. So. Gray Co.: 6820 Shingle Creek Pkwy. Iten Chevrolet 6701 Brooklyn Blvd. M.T.C. 6845 Shingle Creek Pkwy. Coca -Cola Bottling Co. 1189 Eagan Industrial Rd. Arctic Metal 6530 James Ave. No. Holiday Inn 1501 Freeway Blvd. Interstate_United Corp. 1091 Pierce Butler Rt. State Farm Insur. 5930 Shingle Creek Pkwy. JEM Bowl, Inc. 104 East 60th Street Earle Brown Bowl 6440 James Circle Jerry's Super Valu 5801 Xerxes Ave. No. Lynbrook Bowl, Inc. 6357 North Lilac Dr. Marc's Big Boy 5440 Brooklyn Blvd. Northwest Microfilm 1600 67th Ave. No. The Pipeseller 1301 Brookdale Center 7- Eleven Food Stores 7841 62 Ave. No. 7- Eleven 1500 69th Ave. No. Mary Shutes 5212 Kellogg Ave. No. Gift Shop Too (Holiday Inn) 1501 65th Ave. No. Super America Stations, Inc 1240 West 98th Street SuperAmerica 6545 West River Road SuperAmerica 1901 57th Ave. No. Twin City Vending Co. 1065 East Highway 36 Earle Brown Farm Ind. Park 6100 Summit Drive COMMERCIAL KENNEL LICENSE Brookdale Pet Center 1269 Brookdale Center Brooklyn Pet Hospital 4902 France Ave. N. Daisy Mae Dog Grooming 6830 Humboldt Ave. N. Northbrook Animal Hospital 413 66th Ave. N. F.W. Woolworth Co. 1212 Brookdale Center FOOD ESTABLISHMENT LICENSE Metropolitan Salad & Produce 6800 Shingle Creek Pkwy- Bay 12 & Bay 4 6840 Shingle Creek Pkwy. Rocky Rococo 1267 Brookdale Center GASOLINE SERVICE STATION LICENSE American Bakeries Company 4215 69th Ave. N. Brooklyn Center Post Office 6848 Lee Ave. N. Christy's Auto Service 5300 Dupont Ave. N. City of Brooklyn Center - City Garage 2501 69th Ave. N. Humblodt Avenue Service 6840 Humboldt Ave.. N. Munn Black Top, Inc. 3601 48th Ave. N. Plum Company 6840 Shingle Creek Pkwy. Ralph's Super Service 6601 Lyndale Ave. N. SuperAmerica Service Stations 1240 West 98th Street SuperAmerica 6545 West River Road SuperAmerica 1901 57th Ave. N. Bill West Service Center 2000 57th Ave. N. 12 -8 -80 -17- MECHANICAL SYSTEM'S LICENSE Air Associates 1760 Shelard Tower Kumar Mechanical, Inc. 80 2nd Avenue S.E. Quality Refrigeration, Inc. 1105 West 78� Street NONPERISHABLE VENDING MACHINE LICENSE Evergreen Park Elementary 7020 Dupont Ave. N. Northwest Vending Inc. 500 N. Prior Whirltronics 3401 48th Ave. N. Thrifty -Scot Motel 6445 James Circle OFF - SALE NONINTOXICATING LIQUOR LICENSE Brooks•Superette 6804_Humboldt Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Country Club Market 5715 Morgan Ave. N. Jerry's Super Valu 5801 Xerxes Ave. N. Lynbrook Bowl, Inc. 6357 North Lilac Dr. Red Owl Stores, Inc. 5425 Xerxes Ave. N. 7- Eleven Food Stores 7841 62nd Ave. N. 7-Eleven' 1500 69th Ave. N. SuperAmerica Stations, Inc. 1240 West 98th Street SuperAmerica 6545 West Rive Road SuperAmerica 1901 57th Ave. N. ON -SALE NONINTOXICATING LIQUOR LICENSE Rocky Rococo 1267 Brookdale Mall PERISHAB V MACH LICE Uorth;•. `fending Inc. BOO North Prior. Whirltronics 3401 48th Ave. N. POOL AND BILLIARD TABLE LICENSE Advance- Carter Co. 850 Decatur Ave. N. Brooklyn Center Community.Center 6301 Shingle Creek Pkwy. Holiday Inn 1501 Freeway Blvd. Lynbrook Bowl, Inc. 6357 North Lilac Dr. PUBLIC DANCE LICENSE Holiday Inn' 1501 Freeway Blvd. JEM Bowl, Inc. 104 East 69th Street Earle Brown Bowl 6440 James Circle Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 12 -8 -80 -18- ADJOUIU RENT There was a motion by Councilmember Fignar and seconded by Councilmember Yuefler 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 11:10 p.m. Cl rk Mayor 0 12 -8 -80 -19- I