Loading...
HomeMy WebLinkAbout1984 09-24 CCM Regular Session MINUTES OF THE PROCEEDIPGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 24, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, City Engineer Jim Grube, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Pastor Bob Cilke of the Brookdale Christian Center. OPEN FORUM, Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. Councilmember Hawes requested item No. 6 be removed from the Consent Agenda and Councilmember Lhotka requested item No. 10a be removed from the Consent Agenda. FINAL PLAT APPROVAL BOULEVARD PLAZA (PLANPIING COMMISSION APPLICATION NO. 84028) There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the final plat of Boulevard Plaza (Planning Commission Application No. 84028) subject to approval of the Abstracts of Title and Condominium Association Documents by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PERFORMANCE BOND REDUCTIONS /RELEASES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following performance guarantee releases and reductions as specified: 1. Basswood Apts., 4450 58th Avenue North (Planning Corrminission Application No. 83033) - reduction from $12,500 to $1,500 until next summer to insure all plantings are in and viable. 2. Shingle Creek Eleven, 6707 Shingle Creek Parkway (Planning Commission Application No. 80016) - release of $20,000 performance bond. 3. K -Mart, 3600 63rd Avenue North (Planning Commission Application No. 80038) - release of $15,000 performance bond. 9 -24 -84 -1- 4. Hennepin County Library, 6125 Shingle Creek Parkway (Planning Commission Application No. 79005) - release of $26,000 cash escrow held by Hennepin County. 5. Earle Brown Estates, 3rd & 4th Additions, Freeway Boulevard and Xerxes Place North (Planning Commission Application Nos. 82024 and 83007) - release of $25,000 and $30,000 performance bonds. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 84 -137 Member Lill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR BLEACHERS AND PRESS BOX The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Eill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -138 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER SURPLUS FUNDS FROM VARIOUS SPECIAL ASSESSMENT FUNDS TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted RESOLUTION NO. 84 -139 Member bill Hawes introduced the following resolution and moved its adoption: RESCLUTIO14 ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -H (SEAL COATING IMPROVEMENT PROJECT NO. 1984 -13) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis;. and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -140 Member bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING SANITARY SEWER RATE FOR THE ELDERLY 9 -24 -84 -2- The motion for the adoption of the foregoing, resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Lill Hawes, and Rich Theis; and the following; voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: ANUSEhIENT DE VICE - OPERATOR Erookdale East Theater 5801 John Partin Dr. Brookdale Plitt Theater 2501 County Rd. 10 GARBAGE AND REFUSE VEHICLE LICENSE Metro Refuse 8168 W. 125 Street NONPLRISHABLE VENDIE'G MACHINE LICENTSE Coca Cola Bottling Midwest, Inc. 1189 Eagan Ind. Rd. Hirschfield Paint 5615 Xerxes Ave. N. RENTAL DWELLING LICENSE Initial Brutger Companies 6125 N. Lilac Drive Renewal: Lloyd J. Waldusky Georgetown Park Townhouses Robert M. Lindblom 5538 Colfax Ave. N. Dion Properties, Inc. 5740 Dupont Ave. N. Gary D. Anakkala 5412 & 5412 1/2 Fremont Ave. Raymond & Anne Fritzke 5452 Fremont Ave. N. Mahmud &_Mahmud 5843 Fremont Ave. N. Kenneth W. Kunz 5601 Lyndale Ave. N. Raymond & Grace Harr 6406 Scott Ave. N. Contour Investments 7109 -7113 Unity Ave. N. H. & Val J. .Rothschild, Inc. 7225 -7273 Unity Ave. N. H. & Val J. Rothschild, Inc. 7240 -7254 Unity Ave. N. H. & Val J. Rothschild, Inc. 7260 -7274 Unity Ave. N. Milton R. Carlson 610 53rd Ave. N. Jack & Elizabeth Fahrenholz 620 53rd Ave. N. John & Patty DeVries 2801 66th Ave. N. SIGN HANGERS LICENSE Cragg Inc. 9636 85th Ave. 11. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - SEPTEMBER 10, 1984 Councilmember Hawes pointed out that in the second paragraph on page 5 of the September. 10, 1984 minutes the word discourage should be changed to encourage. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the minutes of the September 10, 1984 City Council meeting as corrected. 9 -24 -84 -3- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. COITIEUATION OF PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND The City h'anager explained the ordinance was approved for first reading at the August 6, 1984 City Council meeting, published on August 16, 1984, and a public hearing was held on September 10, 1984. He explained approval of the second reading of the ordinance is Y P contingent upon submission of a final p lat b H.E. Homes Inc. g and that the ordinance comprehends the proposed office condominium project b H.E. a e P P P P J Y Homes, Inc. along Brooklyn Boulevard. Mayor Nyquist inquired if there was anyone present who wished to speak at the continued public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Changing the Zoning Classification of Certain Land. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 84 -12 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. RESOLUTIONS (CONTINUED) RESOLUTION NO. 84 -141 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE SUBMISSION OF AN AMENDMENT TO THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOPMENT PROGRAM FOR YEARS VIII AND IX TO HENNEPIN COUNTY FOR A CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IN ACCORDANCE 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 Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill- Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -142 Member Celia Scott introduced the following resolution and moved its adoption: 9 -24 -84 -4 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 198 -I (EURGREEN PARUAREA IMPROVEMENT PROJECT NO. 1984 -07, PHASE II) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Dill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONTII;UATIOId OF PUBLIC H EARING ON 1985 CITY BUDGE AND P UBLIC HEARING ON FEDERAL REVENUE SHARING Mayor Nyquist opened the meeting for the purpose of reconvening the public hearing on the 1985 City Budget and the public hearing on Federal Revenue Sharing. The City hanager reviewed for Council members the M &C addressing budget follow -up items and inquired of the Council if they had any questions regarding the information presented in the memorandum. Councilmember Lhotka requested the City Manager to review the City's affiliation with the Suburban Rate Authority. The City hanager noted that the City would not be able to transfer out and back into the Suburban Rate Authority. He added that the SRA has been requested to assist the A.etropolitan Sewer Board regarding negotiations with the Environmental Protection Agency on water quality standards along the upper Mississippi. He explained that this was the reason for the increase in dues. He added that if this situation does not occur and the SRA does not assist the Metropolitan Sewer Board the dues will not be increased. Councilmember Lhotka suggested that the City hold off on paying the dues until a presentation is made to the Council by the Suburban Rate Authority. The City Manager explained that the Council could hold back the authorization of the expenditure for the Suburban Rate Authority dues until that time. Mayor Nyquist inquired if there were any figures available regarding the cost of the lawsuit with Northwest Residences Group Home. The City Attorney replied that he would follow -up on this and prepare information for the City Council regarding the cost. Councilmember Lhotka commented that the proposed legal services budget is lower than the budget for 1984, and he requested the City Attorney to comment on this. The City Attorney explained that during 1983 DWI's could be charged with a gross misdemeanor, if the individual had prior convictions. Very often, he pointed out, past conviction records were incomplete for police officers in the field and they had to wait until later to get a full report and issue a formal complaint on the individual. He explained that now, with the new computer information which is available, there are much more accurate records available to the officers in the field, and the officer can issue a tag in the field without the City Attorney's office becoming involved and issuing a complaint. He pointed out that another reason for the reduction is the judgment regarding what will happen in prosecuting criminal cases. The City Manager then reviewed the request by the Brooklyn Center Mediation Project, and noted, that if the Council wishes to fund the mediation project request, $5,000 of additional revenue in the Dutch elm disease account is available and the City could fund $2,000 of the mediation project with these funds. He also pointed out the Firemen's Pension Fund request, and explained that capital improvement items 9 -24 -84 -5- proposed in the 1985 budget total $567, 000 and that many were for repair items. He noted that there is $176,000 available from the 1984 budget and $182,000 from Federal Revenue Sharing. He explained that it would be possible to take dollars . from the $176,000 from the 1984 budget to fund the firemen's pension request totaling $26,000. Councilmember Lhotka inquired whether it would be appropriate for Brooklyn Center to make its levy the same as other taxing districts in order to accommodate this $26,000 increase. The City Manager explained that he believes levying up to the levy limit is not advisable in this instance and that he did not see any advantage to increasing the levy. The Director of Finance commented that the City could probably keep the mill levy the same even with the additional $26,000. He added that it should be kept in mind that the $176,000 from the 1984 budget is not a recurring revenue, but it is a one time use. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize the City Manager to prepare a Resolution for the Adoption of the 1985 Budget. The City Manager explained that the Council could adopt the budget and levy this evening, if they chose to do so. Councilmember Lhotka then withdrew his motion and Councilmember Scott withdrew her second to the motion. RESOLUTION NO. 84 -143 Member Celia Scott introduced the following resolution and moved its adoption with additional revenue of $5,000 from the Shade Tree Administration Account 3519, $23,320 transferred from Fund Balance Account 3960 and with additional appropriations of $2,000 to Mediation Services Account 4429 and $26,320 to 'Fire Department, Firefighters' Pension Account 14146: RESOLUTION TO ADOPT THE 1985 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -144 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1985 BUDGET APPROPRIATIONS 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS TAX ON THE DISPOSAL OF SOLID WASTE BY HENNEPIN COU NTY The City Manager reviewed for Council members a resolution passed by Hennepin County 9- 24 -84 -6 which would impose a $.25 per cubic yard feet on the disposal of mixed municipal solid waste at solid waste facilities within Hennepin County beginning January 1, 1985. He added that this cost will surely be passed along to the consumer by refuse haulers. In response to the Council's questions regarding increasing rates for solid waste disposal, the City hanager stated lie would follow -up on the possible impact on rates for consumers. Councilmember Lhotka requested the City hanager to review any possible State fees associated with waste disposal. In summary, the Director of Public Works pointed out that the average family produces approximately one -half cubic yard of garbage per month. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8:00 p.m. PUBLIC HEARING ON PROPOSED ASSESSVENTS FOR WATER VAIN IMPROVEMENT PROJECT NO. 1984 -02 (LEE, MAJOR, 70TH AVENUES) The Director of Public Works reviewed the project for Council members, and explained that the project was initiated by petition of homeowners and that the project was constructed by the low bidder. He reviewed the project cost and assessments, and noted that the final cost was below the estimate. He added that notice of the hearing and assessments had been sent to all property owners and notice of the hearing has been published in the City's official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessments for Water Main Improvement Project No. 1984 -02, and recognized ter. Alvin Miller who stated that he was an owner of an exempt parcel at the present time, and pointed out that he has ample water and will be happy to be exempted from the assessment. He added that he has no need for additional water at the present time. Mayor Nyquist recognized Mr. Don Eckberg, 6933 Major Avenue, who inquired as to the interest rate on the assessments. The Director of Public Works explained that the interest rate is 12% per year and that property owners can pay the entire cost of assessment within 30 days without interest. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Proposed Assessments for Water vain Improvement Project No. 1984 -02. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTI NO. 84 -145 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR WATER NAIN.IMPROVEMENT PROJECT NO..1984 -02 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Lill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 9 -24 -84 -7- DISCUSSIONS ITEMS (CONTINUED) D000S BROTHERS AMERICAN LEGION LIQUOR LICENSE The City Manager explained that the hearing officer has completed his report regarding the hearing on the suspension of an on -sale liquor license for Duoos Brothers American Legion Post No. 630, and has recommended a 10 to 20 day suspension of the on -sale license. The City Manager then reviewed the hearing officer's recommendations regarding the Duoos Brothers American Legion Post No..630 liquor license. Mayor Nyquist commented that he believes the violations by the Duoos Brothers Post are serious and he is concerned. He added that he believes the hearing officer's recommendation is lenient. He_noted that the hearing officer's recommendations are before the Council this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding the suspension of an on -sale liquor license for Duoos Brothers American Legion Post No. 630. Mayor Nyquist recognized Mr. Earl Swenson, 6533 Ewing Avenue North, who stated that he wished the police department had notified the American Legion Post after the first infraction which was allowing paper cups of liquor to be taken outside the Post. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one else requested to speak. Councilmember Hawes inquired as to whom was being penalized by the suspension. The City Manager explained the purpose of this suspension process is to emphasize that businesses should be run according to state law and regulations. Councilmember Hawes then inquired whether any funds from the operation of the Legion Post were used to support civic events. The City Manager stated that funds were used from the Post to fund American Legion baseball, Hearing no further requests from the audience to appear at the public hearing, Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on the Suspension of an On -Sale Liquor License for Duoos Brothers American Legion Post No. 630. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott to suspend the on -sale liquor license for Duoos Brothers American. Legion Post No. 630 for 12 consecutive days beginning Monday, October 1, 1984. Councilmember Lhotka seconded the motion for purposes of discussion. Councilmember Lhotka inquired why the motion was for 12 days. Councilmember Scott replied that this would encompass 10 week days and one weekend. Councilmember Lhotka inquired of the City Attorney whether the Council could go with fewer days and attach a condition that if other violations occur within a year the maximum 30 days suspension would be given. The City Attorney recommended against this action since a second violation would have to stand on its own and that he had not seen this done by a community. He added that the statute requires a suspension. Councilmember Scott stated that she believes the American Legion stands for a positive community image and that she believes a suspension is justified when that image is affected by the violations which have occurred. 9 -24 -8 4 -8- Upon a vote being taken on the motion, the following voted in favor thereof: Councilmember Scott. The following voted against: N,ayor Nyquist, Councilmembers Lhotka, hawes, and Theis. There was a motion by Councilmember Lhotka and seconded by Mayor Nyquist to suspend the on -sale liquor license for Duoos Brothers American Legion Post No. 630 for 20 days beginning on October 5, 1984. Voting in favor: N /ayor Nyquist, Councilmembers Lhotka, and Scott. Voting against: Councilmembers Hawes and Theis. The motion passed. Councilmember Theis stated that he voted against the motion because the timing of the suspension would cut into three weekends and this could be avoided. Councilmember Hawes stated that he believes a 20 day suspension is excessive and that a seven day suspension would be long enough. He added that he believes the American Legion serves the community. Councilmember Lhotka agreed with Councilmember Hawes that the American Legion serves the community, but he pointed out the seriousness of the violations warrants a suspension given the fact that a probation situation is not legally possible. PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR ST REET IMPROVEMENT PROJECT NO. 1984 -03 STREET TIDENING A LONG HA LIFAX AND 70TH AVENUES ADJACL.NT `I0 ST. ALPHONSUS CHURCH) The Director of Public Works reviewed the project costs, including the City's share and the assessable amount. He noted that all affected property owners had been notified and that notice of public hearing had been published in the City's official paper. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessments for Street Improvement Project No. 1984 -03, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and.he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Street Improvement Project No. 1984 -03. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84 -146 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1984 -03 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEAR ING ON PROPOS ASSESSNiE NTS FOR STREET IMPROVEMENT` PROJECT NO. 1984 -04 TURNLAN!E CONSTRUCTION ALONG SHINGLE GL.E CREED PARKWAY) The Director of Public Works reviewed the project and project costs for Council members, and explained that all costs are assessable against the property owners. 9 -24 -84 -9- He noted that notice of the hearing has been sent to all affected property owners and has been published in the City's official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessments for Street Improvement Project No. 1984 -04, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Proposed Assessments for Street Improvement Project No. 1984 -04. Voting in favor: h;ayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84 -147 Member Fill Hawes introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1984 -014 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUELIC HEARING ON PROPOSED ASSESSMENT FOR 1983 DISEASED SHADE TREE REMOVAL COSTS Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for 1983 Shade Tree Removal Costs. No one requested to speak at the public hearing and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Proposed Assessments for 1983 Diseased Shade Tree Removal Costs. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84 -148 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Eill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR 1984 DISEASED SHADE TREE REMOVAL COSTS Mayor Nyquist opened the meeting for the purpose of a public hearing on Propose Assessment for 1984 Diseased Shade Tree Removal Costs No one requested to speak at the public hearing and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember. Scott and seconded by Councilmember Hawes to close the public hearing on Proposed Assessments for 1984 Diseased Shade Tree 9 -24 -84 -10- Removal Costs. Voting in favor: hayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RE N 0. 84 -149 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AhENDING ASSESSMENT ROLL FOR 1984 DISEASED SHADE TREE REMOVALS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Fill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted RESOLUTION NO. 84 -150 Member 'Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PU BLIC UTILIT HOOKUPS Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for Public Utility Hookups. No one requested to speak at the public hearing and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Proposed Assessments for Public Utility Hookups. Voting in favor: hayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84 -151 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ASSESSMENTS FOR PUBLIC UTILITY HOOKUPS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared 'duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR DEL INQUENT PUBLIC UTILITY ACCOUNTS Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for Delinquent Public Utility Accounts. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to 9- 24--84 -11- close the public hearing on Proposed Assessments for Delinquent Public Utility Accounts. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84 -152 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR L'ELINQUENT WEED DESTRUCTION ACCOUNTS Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for Delinquent Weed Destruction Accounts. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, however, the Director of Public Works noted that a letter had been received regarding the assessments from Mr. Wallace Bernards. Mayor Nyquist directed the letter be entered into the official records of the City Council meeting. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on Proposed Assessment for Delinquent Weed Destruction Accounts. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84 -153 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1983 DELINQUENT WEED DESTRUCTION ASSESSMENT ROLL The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -154 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR THE COST OF. NUISANCE AEATEMENT (NOORWOOD TOWNHOUSES) - --- Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed 9 -24 -84 -12 Assessment for the Cost of Nuisance Abatement (t Townhouses) . He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Proposed Assessment for the Cost of Nuisance Abatement (Moorwood Townhouses) . Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84 - 155 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING THE COST OF NUISANCE ABATEMENT TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Lill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. APPOINTMENT OF CHAIRMAN TO HOUSING COMMISSION There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to appoint Mr. Don Lawrence to serve out the remainder of the term of Phyllis Plummer who resigned as Chair of the Housing Commission. Voting in favor: Mayor Nyquist, Y Yq Councilmembers Lhotka Scott Hawes n a d Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:50 p.m. Deputy Cit Clerk Ma� 9 -24 -84 -13-