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HomeMy WebLinkAbout1978 11-20 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 NOVEMBER 20, 1978 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 :01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, Director of Parks and Recreation Gene Hagel, City Assessor Peter Koole, Superintendent of Engineering James Noska, and Administrative Assistant Brad Hoffman. Mayor Nyquist noted that Councilmember Kuefler was excused because of illness. INVOCATION The invocation was offered by Pastor Guenther of the Brook Park Baptist Church, APPROVAL OF MINUTES_ - OCTOBER 30, 1978, NOVEMBER 7, 1978 & NOVEMBER 13, 1978 Motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council of October 30, 1978 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council of November 7, 1978 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against none. The motion passed unanimously. Motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the minutes of the City Council of November 13, 1978 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist stated that the City had received no requests to address the Open Forum and asked if there was anyone in the audience who wished to address the Council at that time. There were none. Mayor Nyquist then indicated he had received a phone call from Mr. Ed Nygard who indicated his concern with the traffic problems in and around John Martin Drive and Shingle Creek Parkway between 4 :30 and 5:00 pom, when the shifts from the Telephone Company were coming off work, Mr. Nygard requested that the City install signal's or some 11 -20 -78 -1- r kind of control device to regulate traffic in that area. The Director of Public Works indicated he had received a call from Mr. James Hampton of the North- western Bell Telephone Company who had expressed the same concern. The Director of Public Works indicated that the problem had been recognized by the City and added that it will be further compounded by the bridge across Shingle Creek Parkway. He indicated the City has been conducting a traffic study in the area. He indicated it seems with the development of the Brooklyn Center Industrial Park area that the problem will always exist unless some sort of staggered shift is adopted by the companies in the area. The City Attorney arrived at 7:06 p.m. A brief discussion ensued relative to traffic problems within the general area. Councilmember Fignar inquired about the traffic problems around 65th and Humboldt and expressed a need for lights in that area. The Director of Public Works indicated the City was aware of traffic problems in that area and was in the process of doing traffic counts in the area also, Mayor Nyquist noted that there was no one present to address the Council at the Open Forum and proceeded to the next agenda item, BOND REDUCTION The City Manager reported to the Council that he had received a memorandum from the Director of Planning and Inspection indicating that all the site improve - ments had been completed in accordance with the approved site plan, including the installation of permanent concrete curb and gutters along the north parking lot line where temporary asphalt was permitted for a period of two years. He noted that the Director of Planning and Inspection was recommending the release of the performance guarantee for the Hiawatha Rubber Company at 1700 67th Avenue North in the amount of a $5,000 cash escrow. Motion by Councilmember Scott and seconded by Councilmember Lhotka to release the performance guarantee in the amount of $5,000 to the Hiawatha Rubber Company, Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPOINTMENTS The City Manager introduced the next agenda item that of appointing citizens to the Brooklyn Center Citizens Participation Committee for Community Development Block Grants. Councilmember Lhotka noted that he and Councilmember Scott were recommending the following people for the Brooklyn Center Community Develop- ment Block Grant Program from the Housing Commission: Ray Haroldson, Human Rights Commission: Edith Johnsen, Conservation Commission: Barbara Jensen, Planning Commission: William Hawes Park and Recreation Commission: Michael Schroeder, and for the four at -large positions they were recommending: Dr. Marvin Trautwein, Tom Loberg, Lois Kline, and Douglas Perry. They also indicated they are recommending Mr. Steve Cohen as an alternate to the program and that they were further recommending that Barb Jensen be designated as Chairman of this committee. I1 -20 -78 -2- Councilmember Fignar inquired as to the split between male and female repre- sentation on the committee. Councilmember Scott indicated there was an even distribution of male -and female representation of the group. Mayor Nyquist then inquired if there was neighborhood representation on the committee. Again Councilmember Scott indicated that there was neighborhood representation, E A brief discussion then ensued relative to the terms of the committee. It was indicated that replacement would occur with those representing commissions as their commission term expired. It was also noted that no specific termination date had been established for the at -large repre sentation but rather that the terms would expire when the program ended. It was also noted that the Citizen Participation Plan could be amended to reflect the need to have termination periods for the representatives. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to appoint the recommended individuals to the Brooklyn Center Community Develop - ment Citizens Advisory Committee. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. RESOLUTION NO o 78 -257 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PRINTING OF THE WINTER RECRE- ATION PROGRAM AND CITY MANAGER'S NEWSLETTER 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, 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, 78 -258 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE FOR ADDITIONAL PART -TIME LABOR IN THE ASSESSING DEPARTMENT 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. R ESOLUTION NO, 78 -259 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE FOR CETA EMPLOYEES EXTENSION 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the 11-20-78 -3- following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO, 78 -260 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE FOR POLICE OFFICER SALARY.ADJUSTMENTS 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.- 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, 78 -261 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO THE GREAT RIVER ROAD BICYCLE TRAIL 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLU N 78 -262 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE HENNEPIN COUNTY BOARD OF COMMISSIONERS TO REVISE THE COUNTY'S 5 -YEAR HIGHWAY CONSTRUCTION PROGRAM TO ACCELERATE THE IMPROVEMENT OF C.S.A.H. 130 IN THE CITY OF BROOKLYN CENTER 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, 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. 78 -263 -- - Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING STREET CONSTRUCTION IMPROVEMENT PROJECT NO. 1978 -44 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 11 -20 -78 -4- The Mayor then noted that it was 7:30 and again inquired if there were any indi- viduals that had wished to address the Council at that time. The Mayor then recognized Mrs. June Ward of 6907 Lee Avenue North. Mrs. Ward indicated her concern about the widening of 69th Avenue North, Following a brief explanation of the Council's action relative to the request of Hennepin County Board of Commissioners to revise the County's 5 -year plan, the City Manager noted that there would be a public hearing held prior to any adoption of a plan for 69th Avenue North, He noted that the Council action merely had recognized that the road needed upgrading and asked that the County update its plans for taking action in that area. He further indicated that nothing had been decided as to the number of lanes or the nature of the upgradi,ig o The Mayor asked if anyone else wished to address the Council at the Open Forum, there being none, the Open Forum was closed. RESOLUTION NO. 78 -264 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the followingx voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO, 78 -265 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, 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. 78 -266 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, 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 Fignar left the table at 7 :40 p.m. 11 -20 -78 -5- RESOLUTION NO. 7 - 267 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH EGIL WEFALD & ASSOCIATES, INC., FOR PREPARING PLANS AND SPECIFICATIONS FOR BRIDGE IMPROVEMENT PROJECT NO o 1977 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES_ The City Manager introduced the next item of business on the agenda, that of consideration of an ordinance which prohibit the impersonation of a police officer or a public official. The City Manager briefly described the ordinance noting that it would prohibit individuals from impersonating any police officer or public official and would also control and prohibit private security officers from wearing uniforms which closely resemble those of the Brooklyn Center Police Department. Following a brief discussion, there was a motion by Councilmember Lhotka and seconded by Councilmember Scott to offer for first reading an ordinance prohibiting the impersonation of police officers or public officials within the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none. The motion passed unanimously. Councilmember Fignar arrived at 7:44 p.m. The City Manager introduced the next ordinance being considered noting that it was a first reading to regulate the operation of and maintenance of rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing services or hostess services, requiring a license to operate such businesses and establishing standards for the construc- tion, operation and maintenance of these facilities. The City Manager noted that these types of services often act as a front for prostitution, thus, making the ordinance necessary to control that problem. Councilmember Fignar inquired as to how this ordinance differed from the ordinance regulating massage parlors and saunas in Brooklyn Center. Thy City Manager indicated that this ordinance closed another loophole used to cover prostitution operations that were not covered under the sauna and massage parlor ordinance. Following further discussion, there was a motion by Councilmember Scott and seconded by Councilmember Fignar to offer for first reading an ordinance regulating the operation and maintenance of rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing services or hostess services, requiring a license to operate such businesses and establishing standards for the construction, operation and maintenance of these facilities. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. 11 -20 -78 -6- RECESS The Brooklyn Center City Council recessed at 7 :45 p.m. and reconvened at 8:01 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 78066 submitted by Cynthia Pierce for an amendment to a special use permit for a home occupation (beauty shop) at 3313 Lawrence Road. The application was considered at the November 2, 1978 Planning Commission meeting but was tabled pending request for information of the City Attorney. The application was again considered at the November 16, 1978 Planning Commission meeting and was recommended for approval. The Director of Planning and Inspection explained that the amendment to the special use permit originally granted under Application No. 75019 would recognize one nonresident employee in relation to the home occupation. He stated that the application had been considered by the Commission at its November 2, 1978 meeting and was tabled pending clarification from the City Attorney regarding the definition for a "home occupation, special" contained in the Zoning Ordinance and whether the applicant of the dwelling for which the special use permit issued is required to be on the premises at all times when a permitted employee is working. The Director of Planning and Inspection then read a memorandum from the City Attorney regarding the special home occupations in which two opinions 'were given: one, since the ordinance limits the nonresident employee with lanuuage which contains the phrase "at any one time" the language as it presently stands would permit more than one part -time employee, as long as no more than one employee was on the premises at any one time; two, there is no language in the home occupation definition which would indicate that the occupant must remain on the premise in order to supervise the employee. The Director of Planning and Inspection then reviewed the concerns expressed by the Planning Commission members at the November 16, 1978 meeting. He noted that the primary concern of the Commission members dealt with the problem of parking. He stated that Commissioner Theis had pointed out the definition for a special home occupation contained in Section 35 -900 specifically states that the occupation may involve "the need for not more than two parking spaces in addition to the spaces required for the persons residing on the premise'.'. It was the concern of the Commission that given that definition, if the applicant were to retain an employee there would only be parking space for one customer at any given time. The Director of Planning and Inspection noted that the appli- cant had indicated that it was not her intent to work while another employee was present. The Director of Planning and Inspection also indicated the concern on the neighbor's part that the home occupation proposed would tend to change the character of the neighborhood. The Director of Planning and Inspection noted the ambiguity of the ordinance. He pointed out the ordinance could specify the two parking spaces be off- street spaces. He commented that it was his under- standing that the intent of the ordinance was to limit on- street parking spaces to two, and that this concern was addressed by the condition of approval which would require that adequate off - street parking be provided by the applicant. He then noted that Commissioner Book stated that in discussing this limitation the Commission is not dealing with the precedent that had already been set 11 -20 -78 -7- regarding home occupations. Commissioner Book had referred to other home occu- pation permits requiring more than two parking spaces. The Director of Planning and Inspection stated the applicant was present. Mayor Nyquist then opened the meeting for the public hearing. The applicant at that time indicated that she had no comments to make. Councilmember Fignar inquired if the applicant would be able to operate one chair herself and the employee work one also, The Director of Planning and Inspection stated that their Planning Com- mission's recommendation would prohibit two people from working at time. Councilmember Fignar then inquired if the existing ordinance allowed for one nonresident employee to which the Director of Planning and Inspection indicated that the ordinance does allow for nonresident employees, only one nonresident employee at a given time Mrs. Pierce, in her original application had not requested such a consideration, therefore, no nonresident employees are com- prehended under the special use permit. Councilmember Fignar then inquired if the ordinance allowed an individual to have an employee why would there be a limitation of one chair. The Director of Planning and Inspection indicated that in this particular case Cynthia Pierce.had indicated personal problems and had further indicated her desire to move into the real estate field. Cynthia Pierce then replied that the one chair proposal was a result of recommendations of Commissioner Theis and his parking concerns. She indicated she saw no problems with it. Councilmember Scott inquired if it was correct that Cynthia Pierce did not intend to increase the number of customers. Cynthia Pierce indicated that that was correct. Councilmember Scott then inquired a number of her customers were walk -in and how tightly customers were scheduled. Cvnthia Pierce indicated that many of her customers were walk -in and that schedulii was of such a nature that customers did not arrive early because of additional parking problems Councilmember Scott indicated that if there is no parking problem she cannot see any legal problems or any reason to deny the applicant's request. Mayor Nyquist then noted that the applicant had indicated that she is winding down the business. Cynthia Pierce indicated she had no immediate plans to desolve the business but rather was becoming less involved with hair styling. Mayor Nyquist then inquired whether or not the employees as such were truly employees or independent contractors. Cynthia Pierce indicated that they were employees that she provided insurance for them and she paid social security benefits and so forth. Councilmember Lhotka indicated there seems to be a fine line between what a home occupation covers under the ordinance and the need for a request for rezoning. The Director of Planning and Inspection indicated the application presents the dilemma of the ordinance® He noted that it perhaps needs to be clarified in some point in time. The City Attorney indicated the definitions of the ordinance are not precis. He noted that the primary use of the property under the home occupation ordinance must remain residential. He noted that there are a number of nonresidential indicators to be used by the Council for judging whether or not the character of a property -em ains residential or commercial in nature. In essence, he replied that it is the judgment call by the Council to determine whecner or not the property should be rezoned or classified under the home occupation ordinance. Councilmember Lhotka inquired as to the original purpose of a special use permit for a home occupation, The City Attorney briefly reviewed the history of home occupations and noted that it was probably the desire of the Council to retain some control over properties to keep them from becoming too commercial. 11 -20 -7$ -8- Cynthia Pierce noted that she had never had a complaint in the three years that she operated her business until she made this application and that was from one neighbor. Mayor Nyquist then recognized Mrs. Atkins of 3213 Lawrence Road who expressed her concern with the traffic in the area and the proximity to Brooklyn Boulevard. She indicated that it concerned her that there are many small children in the area that presented a danger to them. Mayor Nyquist then recognized Jackie Alexander of 3311 Lawrence Road who indicated her concern with the proximity to the commercial properties along Brooklyn Boulevard indicating that she is afraid that the neighborhood will become progressively more commercial in nature. Following a brief discussion Councilmember Fignar noted the concern for the change in the neighborhood character. Councilmember Lhotka then inquired if it was the intention of the applicant to hire two operators who would work at different times. The applicant confirmed that that was her intent. Councilmember Fignar then inquired if what is being presented were legal under the ordinance. The City Attorney indicated that it was although item number 7 under the Planning Commission's recommendations should be clarified. He indicated that he felt it was the intent of the Commission that only one person be working at a time and that item number 7 indicates that there should only be one chair physically within the building. Motion by Councilmember Lhotka and seconded by Councilmember Fignar to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. Mayor Nyquist indicated that he had received a phone call from Councilmember Kuefler requesting that the matter be laid over until the next Council meeting. He indicated that Councilmember Kuefler had a number of questions that he would like to ask the applicant. He then inquired as to the Council's decision. Councilmember Fignar indicated that the applicant's record had been good. There has been no complaints with this business, however, he recommended that the matter be laid over in consideration for Councilmember Kuefler. Councilmember Lhotka indicated the only problem he had with the application was with the fine line. between residential and commercial property. He indicated that he favored tabling it to allow Councilmember Kuefler to take part in the discussion. It was the consensus of the Council to table the matte until the December 4, 1978 City Council meeting, DISCUS ITEM The next agenda item was a presentation by the Park and Recreation Commission to the Council. Chairman Johnson presented the Commission's proposed Park Development Plana He briefly reviewed the steps the Commission had taken to arrive at a. final park development plan noting the Commission had met with numerous community organizations and groups to receive their input and that the product being recommended by the Commission this evening was a result of approximately five years work, Each of the Commission members then reviewed the concerns that had been expressed to them by the various groups that they had interviewed. Each of the members indicated they had received generally supportive comments relative to the park development plan. Chairman Johnson indicated that he felt that if the plan were adopted and once implemented Brooklyn Center would have one of the finest park systems in the country. Following the Commission's 11 -20-78 -9- presentation, Councilmember Scott inquired as to what was the next stepo The City Manager er indicated he had been in touch with Councilmember Kuefler that day who indicated he felt the next logical step would be to adopt the plan. The City Manager 'then recommended that if adopted that the plan be directed to the staff for financing plans. Councilmember Fignar then inquired if the City staff had any idea how much the total package which was an estimated $203 million would be reduced by the funds. The City Manager indicated that any figures n that he would give them now would be purely speculative .five a d that that was a reason it should be referred to staff for a financing plan. A brief discussion then ensued relative to various financing methods. Mayor Nyquist then took the opportunity to express his gratitude to the Com- missioners for the hard work they had done in developing the Park Development Plano Councilmember Lhotka then inquired if the cost of maintaining parks would also be figured in with the Park Development Plana The City Manager indicated that would be one of the considerations staff would include in developing the cosh of financing a package for the program. Councilmember Lhotka then indicated that he did not see lighted football fields, hockey rinks and so forth in the plan, The Director of Parks and Recreation replied that the plan contemplates l.-i hting only in Central Park and possibly West Palmer. He indicated that the d °,elop- ment of Central Park will relieve much of the pressure on the neighborhood parks returning them to the neighborhood for more local use. Councilmember Fignar asked if the plan contended with the declining population. The Director of Parks and Recreation noted the trend of declining youth in Brooklyn Center but also noted that young adult use was increasing and that the plan was directed towards more passive recreation facilities to acconamodate an older population. Motion by Councilmember Scott and seconded by Councilmember Fignar to move the plans adoption and that it be referred to the staff to develop a financing :plan. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. CO CENTER RATE _STRUCTURE The next agenda item introduced by the City Manager was a proposed increase in membership fees for the Community Center. The City Manager indicated that the Council members had each received a schedule of the increased fees., Motion by Councilmember Fignar and seconded by Councilmember Lhotka to adopt the proposed rate increase schedule for memberships in the Community Center. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. CONTRACT WITH MOEN & PENTT The City Manager introduced the next agenda item noting that it was recommended that the Council approve a contract wiLh the auditors, Moen & Penttila, for the 1978 audit. Motion by Councilmember Scott and seconded by Councilmember Fignar to approve the contract with Moen & Penttila for the 1978 audit. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. 11 -20 -78 -10- The motion passed unanimously. ISSUANCE OF AN ON -SALE NONINTOXICATING LIQUOR LICENS The City Manager noted that each of the Council members had received a memo- randum from the police department on background on the applicant and had recommended approval of the license for the Pizza Factory. Motion by Councilmember Lhotka and seconded by Councilmember Scott to approve an on -sale nonintoxicating liquor license for the Pizza Factory. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. REVIEW OF BROOKIYN CENTER'S TRANSPORTATION PLAN The Director of Public Works reviewed the current designation classification of various streets. He noted that he was trying to provide the Council with back- ground relative to the rationale for street classification for providing safe movement of traffic within and throughout the City of Brooklyn Center. He indicated that there had been a number of requests for stop signs on various streets throughout the City. He indicated by the use of stop signs and other traffic control devices on streets within Brooklyn Center there is a tendency to change the character of that street or,. in essence, the classification of that street. He indicated that if that was the Council's desire then perhaps they should again review the entire classifications on streets within Brooklyn Center, Following his presentation, Councilmember Scott inquired why 65th was designated as a collector street except for the final block or two west of Brooklyn Boulevard. The Director of Public Works indicated he was not sure but he felt it was a desire to make 63rd a collector. He noted that there is perhaps a need to either designate it as a collector or take some measures to encourage the traffic to flow south towards 63rd which is the designated collector in that area. A lengthy discussion ensued relative to the various locations in Brooklyn Center and the traffic flow problems that are noted in each of them. Councilmember Lhotka left at 9:35 p.m. and returned to the table at 9:37 p.m. The Director of Public Works noted that there are a number of streets in Brooklyn Center carrying more traffic than intended. I Councilmember Fignar stated that he felt that where streets are designated as carrier streets then a two -way stop should be placed at the interceptor streets. A brief discussion then followed. The Director of Public Works stated that routes desiganted as carrier streets generally do have either stop signs at the intersecting streets or yield signs. REPORT ON THE STOP SIGN REQUEST AT COUNTY ROAD 130 AND PERRY AVENUE NORTH The City Manager introduced the next agenda item relative to the request for a stop sign on 69th and Perry. The Director of Public Works noted that Hennepin County had just issued a report indicating that there is no justification for a four - way stop sign in that location. The report indicated that at the request of the City traffic surveys were performed on C .S .A . H. 130 at Perry Avenue North. l l , :-2 0 -7 8 -11- The purpose of the survey was to determine: the speed of vehicles traveling on C S.A.H. 130 in this area; and where the multiple way stop signs on Perry Avenue were warranted. The 16 hour vehicle movement study was taken at the intersection to ascertain whether multiple way stop signs were justified. The results of the study revealed that the traffic volumes at the intersection are considerably below volumes required in the manual on uniform traffic control devices to justify installa tion of four -way stop signs for traffic. In conjunction with the 16 hour study, the number and length and time of gaps between vehicles was recorded. The purpose of the survey was to determine whether there are sufficient number of adequate lengths of gaps in traffic to allow students to safely cross at that intersection. The study was taken during the student crossing periods before and after school patrols were on duty. The findings indicated there are an acceptable number in the length of gaps to allow students to cross at the intersections safely without considerable delay in waiting to cross. To determine vehicle speeds, the radar unit was set up near the intersection. The speed of 150 vehicles was recorded from each direction. The results of the survey showed that 85% of the vehicles were traveling at or less than 40 miles per hour east bound and 41 miles per hour west bound. The 10 miles per' hour speed range in which the majority of vehicles were traveling was from 32 miles per hour to 41 miles per hour for both directions. The most significant finding is that only 5% of the total vehicles surveyed were traveling within the posted 30 mile per hour speed limit. Councilmember Scott indicated that she resents the fact that Hennepin County always indicates the speed limits are too low because people are not obeying them. The Director of Public Works indicated that the problem of controlling speeds does not rest with the County nor the City but rather rests with the Commissioner of Department of Transportation. He indicated that State law mandates a 30 mile per hour speed limit and that it would be encumbant upon the City to demonstrate the need for lower speed limit requirements other than those specifically approved under State law. Councilmember Lhotka indicated that it was his intent to speak with local legislators about restoring the City's authority to control its own speed limits. A brief discussion ensued relative LO traffic enforcements in that area. The Director of Public Works indicated that the police department has increased its patrol of that area and radar patrol of that area. RENEWAL AND /OR NONRENEWAL OF RENTAL LICENSES The City Manager referred to the Director of Planning and Inspection's memorandum recommending that the City Council give special consideration to three rental dwelling licenses that are scheduled for a two year renewal. TbP first is Chippewa Park apartments. In the memorandum it was noted that the Building Inspector had noted a number of-code related violations and informed the resident agent of the Nature of the violations. Many of the violations had to do with outside appearances and the status of the common area which lacked prover maintenance. In addition, the Inspector noted a number of items required were repair or replacements such as torn screens, doors that did not function properly, inoperable lights and non - posted rental dwelling licenses and missing building addresses. The Director of Planning and Inspection e:,,cplained to the management of Chippewa Park apart ments that a temporar<- extension of the license to be granted through June, 1979 would be recommended only if housing maintenance items and fire related item- such as broken door closures, missing fire extinguishers and inoperable exit lights 11 -20 -78 -12- were addressed. Inspections show that these items have not been taken care of. The Director of Planning and Inspection recommended that the City Council defer consideration of the license extension until the December 4 City Council meeting in order to verify whether these matters have been addressed. _ The single family rental property at 5324 4th Street North is being taken by MN /DOT for the freeway. Inspections indicated that the property is not being used for living purposes and has been posted with the proper tag indicating that it is not to be occupied. It is recommended the Council acknowledge that this property is no longer a rental dwelling and that no license will be granted for that purpose. The fourplex locatfd at 5328 4th Street North which is owned by Mr. Robert Bobletter, the same individual that owns the single family unit, was inspected by the Building Inspector. The Building Inspector reported a number of housing maintenance code violations such as deterioration of the driveway, broken screens and storms, paint .peeling from the soffit and fascia boards, and improperly supported hot water heater flues as well as a lack of outside lawn maintenance. When reviewing these items with the owner, the o wner indicated that the MN DOT would be acquiring this property t q g P P y for freeway purposes by April, 1979. He inquired if he could possibly get a temporary rental license through that time. It was indicated through the owner that such a recommendation would be made to the Council provided certain items related to occupancy through the winter months such as the repair of storm windows, storm doors and hot water heater flue were completed. The property was again inspected on November 16 and none of the items had been taken care, of. The Department of Planning and Inspection does not recommend the extension of a temporary license until the winter maintenance items are completed. Councilmember Scott inquired of the staff as to the record of the fourplex in question. The Director of Planning and Inspection referring to his memorandum noted that a recent inspection revealed that the owner had neglected to correct the winter related maintenance items and that it was their recommendation that the license not be granted, Councilmember Scott indicated that it was her feeling that neither of the buildings should be renewed. The Director of Planning and Inspection then noted the problems at Chippewa Park indicating that some of the problems did deal with life and safety. He recommended that the licensing be delayed until the December 4, 1978 meeting. Motion by Councilmember Scott and seconded by Councilmember Lhotka to delay the approval of the rental license for Chippewa Park apartments until the December 4, 1978 City. Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Motion by Councilmember Scott and seconded by Councilmember Fignar to deny the rental license to the properties at 5328 4th Street North and 5324 4th Street North. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Fignar then inquired if the Chippewa Park management was aware of the consequences of their noncompliance. The Director of Planning and Inspec- tion .indicated they have received copies of the letter and that they have also received a letter informing them of the Council's position on noncompliance. 11-20-78 -13 LICENSES Mayor Nyquist inquired if there had been any formal complaints relative to the rental dwelling license at 5501 Brooklyn Boulevard. The Building Inspector indicated there some violations that had been outstanding for a period of one year. He noted that there were violations related to the plumbing that had not been complied with and other maintenance violations. He indicated that he is aware of no other complaints. Motion by Councilmember Scott and seconded by Councilmember Fignar to approve the following list of licenses with the exception of the rental license for 5501 Brooklyn Boulevard: CIGARETTE LICENSE SuperAmerica 6545 W. River Road FOOD ESTABLISHMENT LICENSE Pizza Factory 6816 Humboldt Ave. No, SuperAmerica 6545 W. River Road NONPERISHABLE VENDING MACHINE LICENSE SuperAmerica 6545 W. River Road OFF -SALE NONINTOXICATING LIQUOR LICENSE SuperAmerica 6545 W. River Road ON -SALE NONINTOXICATING LIQUOR LICENSE Pizza Factory 6816 Humboldt Ave. No. RENTAL DWELLING LICENSE Initial: George-Lucht, Rich Wood, Walter Clauson 5105 Brooklyn Boulevard Anne W. Erickson 6501 Brooklyn Boulevard Helen Ebhardt 5639 Girard Ave. No. Consolidated Financial Corp. 6215 Summit Dr. No, Renewal: Bernard J. Harrington Hi Crest Apts. (Humboldt) Kenneth L. Bergstrom Hi Credt Apts. (67th Ave.) Gary Lyons Humboldt Court David Jensen, Gordon Weilens 5501 Brooklyn Boulevard Michael K. Uzzell 5235,37 Drew Ave. No. John Westlund 5137,39 France. Ave. No. Loren Pfing step 6706 Grimes Ave. No. Peter & Joan Neururer 6737,43 Humboldt Ave. No. John Christofferson 4748,52 Twin Lake Ave. 11 -20 -78 -14- Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. �`a D O U �?.Ta r�F 1✓ T �7T Motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the rrieetingo Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhctka, and Scotto Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:02 p.m. 1 Clerk Nagar 11 -20 -78 -15-