HomeMy WebLinkAbout1984 11-19 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 19, 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 7:02 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, Director of Planning & Inspection Ron
Warren, City Attorney Richard Schieffer, and Administrative Assistants Brad
Hoffman and Tom Bublitz.
INVOCATION
The invocation was offered by Councilmember Celia Scott.
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 items 7a and 12 be removed from the
Consent Agenda.
APPROVAL OF MINUTES - SEPTEMBER 24, 1984, REGULAR SESSION
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the minutes of the September 24, 1984 City Council meeting as submitted.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
APPROVAL OF MINUTES - NOVEMBER 6, 1984, SPECIAL SESSION
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the minutes of the special November 6, 1984 City Council meeting as
submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes,
and Theis. Voting against: none. The motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 84 -171
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING CITY GARAGE /7- ELEVEN STORE FUEL TANK RECONDITIONING
PROJECT NO. 1984 -16, AND ACCEPTING PROPOSAL FOR WORE: THEREON
The motion for the adoption of the foregoing resolution was duly seconded by member
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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,
AUTHORIZATION FOR MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR LEASE
EXTENSION ON HUMBOLDT SQUARE LIQUOR STORE
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
authorize the Mayor and City Manager to enter into An Agreement for the Extension of
the Lease on the Premises Occupied by the Humboldt Square Liquor Store. Voting in
favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
AUTHORIZATION FOR MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE 1984
AUDIT � r
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
authorize the Mayor and City Manager to enter into An Agreement with Seifert, Betts
and Company, Ltd. Certified Public Accountants for the 1984 City Audit. Voting in
favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
RESOLUTIONS (CONTINUED)
The City Manager introduced a Resolution Approving Agreement with Lindberg - Pierce,
Inc, for Architectural Services Relating to Remodeling of the Former 7- Eleven
Convenience Store. He explained that the resolution provides for architectural
services related to the remodeling of the former 7- Eleven Store which was recently
purchased for use as a Municipal Liquor Store.
Councilmember Hawes inquired why the project was not put out on bids. The City
Manager explained that for smaller projects the City does not use a bid procedure and
also the particular firm being recommended has done considerable work for the City,
including a significant amount of remodeling and has established a very good track
record.
RESOLUTION NO. 84 -172
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION APPROVING AGREEMENT WITH LINDBERG- PIERCE, INC. FOR ARCHITECTURAL
SERVICES RELATING TO REMODELING OF THE FORMER 7- ELEVEN CONVENIENCE STORE
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,
CONTINUATION OF PUBLIC HEARING ON MULTIFAMILY HOUSING BOND FOR EARLE BROWN FARM
APARTMENTS
The City Manager explained the publid hearing was continued from the November 5,
1984 City Council meeting to allow time for the staff and the applicant to prepare
additional information for the City Council. With regard to staff
recommendations, the City Manager recommended that the Council consider
Multifamily Housing Bond requests on a case by case basis with the provision that the
City inspect the buildings in order to give another opinion and appraisal on what
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rehabilitation actually needs to be performed. He added that he does not believe
generalized guidelines would serve much purpose or have much value in review of
Multifamily Housing Bond requests.
Administrative Assistant Hoffman explained that the City's Housing Advisory
Commission has reviewed the policy on Multifamily Housing Bonds and has indicated
that they want to review it further. He added also that the Housing Commission
recommends the Council consider federal legislative goals with regard to
maintaining a City's housing stock and the supply of low and moderate income housing
in Brooklyn Center. Administrative Assistant Hoffman also pointed out that, if the
Multifamily Housing Bonds are issued in the same manner as Industrial Revenue Bonds,
the federal government will likely look at this process with a great deal of scrutiny
and may place a cap on these types of bonds as they have done with the IRB's. In
conclusion, Administrative Assistant Hoffman pointed out that approval is
recommended contingent on a follow up inspection by the City and the development of a
list of mandatory rehabilitation items in order to qualify for a bond. Mayor
Nyquist commented he agrees that the need for rehabilitation should be established
by City staff.
Councilmember Hawes expressed a concern that it appears the Council is asked to
approve a plan which they have not seen. Administrative Assistant Hoffman pointed
out that any plans for remodeling or new development must be brought to the City's
Planning Commission and that the financing for the project does not disallow this
procedure. He explained the money for the project won't be available without site
and building plan approval. Administrative Assistant Hoffman then proceeded to
review the City's inspection policies authorized under the Housing Maintenance
Ordinance.
Councilmember Theis inquired what percentage of existing rental units in the City
are in poorer condition than those in the Earle Brown Farm Apartments.
Administrative Assistant Hoffman explained that in his estimation the Earle Brown
Farm Apartments was one of the better rental complexes in the City and ranked in at
least the upper third. Councilmember Theis then requested an explanation of the
intent of the federal legislation. Administrative Assistant Hoffman explained the
intent of the legislation was to assure housing to low and moderate income persons,
and pointed out that 20% of the units must be occupied by persons of low and moderate
income. In response to a question from Councilmember Lhotka, Administrative
Assistant Hoffman replied that the Housing Commission intends to review the
Multifamily Housing Bond Program further and recommend a policy.
Mayor Nyquist recognized Marcia Cohodes, of Miller & Schroeder, and representing
the applicant. Ms. Cohodes explained that she has reviewed the intent of the
legislation and believes that the purpose of the program is to maintain a supply of
low and moderate income housing and also the maintenance of the existing housing
stock in the City. She explained the rehabilitation of one project provides
incentive for other developments to do likewise. She noted that the buildings in
the Earle Brown Farm Apartments are between 12 and 20 years old and buildings in this
age group do not always show the need for maintenance outwardly. She explained that
the Multifamily Housing Bond Program is the only vehicle of financing the City has
which will allow a City to influence what will be done to maintain structures.
Councilmember Scott inquired how much money the developers must contribute to the
project. Ms. Cohodes explained that, generally developers look for an institution
to guarantee the bonds, and the lender usually looks at the appraised value of the
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buildings and will generally fund 80% of the appraised value, therefore, the
developer usually contributes 20 %.
Councilmember Theis asked what the current interest rates on a project of this
nature would be. - Ms. Cohodes explained that the interest rates for tax exempt AA
bonds is 9 /4% and with credit enhancement 10 /4 fixed rate. She e that
3 3 � p
the current conventional every two
a rates are 13 1/2% to 14% and they are renegotiated e e y
years. She added that, with regard to the time line for the project, the developer
is looking for preliminary approval of the project this evening.
Mayor Nyquist recognized Mr. Phil Cohen, representing the City's Housing
Commission. Mr. Cohen stated that the issue of Multifamily Housing Bonds was
reviewed by the City's Housing Commission. He explained the City has already
issued bonds for the Brookwood Project which had a requirement that 20% of the
residents of the project must be of low and moderate income. He explained that the
current debate in Congress on the housing bonds was one item that held up passage of a
tax bill. He explained that the groups representing low and moderate income
persons testified that this program was one of the only sources of financing, for
housing. He added that he believes the proposal before the Council this evening
follows the letter of the law and that it is the intention of law to provide housing
for low and moderate income persons and elderly persons. He concluded by stating
that Congress will examine what the public purpose is in this legislation and will
review municipal activities in this regard.
Mayor Nyquist stated that he was unsure of the definition of rehabilitation, and
suggested that perhaps some of the problems which require rehabilitation are
related to poor construction in the first place, and added that he would not like to
reward it with this type of program. Councilmember Lhotka expressed a concern over
one of the owners of the project who will continue to be involved. He also stated
that items such as the roof, windows, and appliances are normal maintenance items,
and suggested that these could have been dealt with earlier.
Mayor Nyquist recognized the applicant Mr. Gary Holmes who stated that in the past
people have held properties for six to seven years then passed them along to the next
owners and there has never been a continuity of ownership. Councilmember Theis
inquired of the applicant how the level of rents have acted over the past 13 years.
Mr. Holmes stated he assumes that the rents were kept current with market place
supply and demand. He explained the rental market in the Twin Cities is very tight
and that rents have gone up. Councilmember Theis and Mr. Holmes then discussed the
financing of the project both under the Multifamily Housing Program and in the
normal market place. Mr. Holmes contended that the normal market place financing
would not allow the rehabilitation of the project, financially speaking.
Mayor Nyquist inquired of the applicant whether he would create a reserve fund for
maintenance in future years, if the project was approved. He explained that by
maintenance he meant a set aside for continued maintenance other than the 15%
required by the program. Mr. Holmes replied that 15% of the total bond money must be
spent within the first five years, but that he believes a maintenance program as
suggested by the Mayor could be worked out.
Mayor Nyquist inquired if there was anyone else present in the audience who wished to
speak at the public hearing. No one requested to speak and he entertained a motion
to close the public hearing.
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There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
close the public hearing on the Multifamily Housing Bond for Earle Brown Farm
Apartments. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott,
Hawes, and Theis. Voting against: none. The motion passed unanimously.
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to
deny the request for a Multifamily Housing Bond for the Earle Brown Farm Apartments.
In discussion of the motion, Councilmember Hawes suggested that rather than denial
the staff could develop some guidelines for instituting a maintenance fund as
suggested by Mayor Nyquist. Mayor Nyquist suggested that the Council may want the
Housing Commission to review any guidelines. Councilmember Theis then stated that
the guidelines should tell the Council what it needs to know about a particular piece
of property and in the future may find a method to use the law.
Councilmember Lhotka inquired whether, if the project is denied this evening could
the applicant bring the project back later. The City Attorney stated he believes
there is nothing in the law which prevents it and the Council could request the staff
to prepare a resolution of denial for this project.
Councilmember Scott stated that she was not against the intention of the Multifamily
Housing Bond Program but without guidelines she was not prepared to approve a
project. She added that she is not against this particular project but without
guidelines she felt she could not approve it. Councilmember Lhotka stated that
these are the same thoughts expressed at the last Council meeting, and emphasized
the fact that, in his opinion, he could not approve the project because he did not
know where the law was taking the City in terms of an overall maintenance and
redevelopment program.
Upon a vote being taken on the motion, the following voted in favor thereof: Mayor
Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none.
The motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
direct the City staff and Housing Commission to review the Multifamily Housing Bond
Program and develop guidelines regarding the City's role in determining
rehabilitation requirements for projects approved under the Program. Voting in
favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
RECESS
The Brooklyn Center City Council recessed at 8:03 p.m. and reconvened at 8:20 p.m.
DISCUSSION ITEMS
ASSOCIATION OF METROPOLITAN MUNICIPALITIES 1985 -86 LEGISLATIVE POLICY
RECOMMENDATIONS
The City Manager explained that the Association of Metropolitan Municipalities
Policies was developed by various committees of the organization and the staff can
respond to any comments the Council may have about the proposed policies. He noted
that the policies will be voted on at the Association of Metropolitan Municipalities
general meeting held on December 6, 1984.
RYAN LAKE DETACHMENT /ANNEXATION
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The City Manager pointed out that the Minneapolis Park Board has purchased the north
portion of Ryan Lake and surrounding property from Mr. & Mrs. Salitros on October 1,
1984. He noted that a resolution regarding the detachment and annexation had
h it Council of the City Minneapolis. lis. He then
been passed b the C Po
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proceeded to review a transparency of the property and states: that much of the
property is under water or in a swanpy area. He explained that a small portion of
the property is usable if it is platted and could possibly hold a single house. He
explained that the property has been purchased by the Minneapolis Park Board for
park use only, and explained that the property is not accessible for services from
the City of Brooklyn Center. He stated he is recommending passage of the resolution
which would start the process and would bring the detachment and annexation before
the Minnesota Municipal Commission.
RESOLUTION NO. 84 -173
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION DETACHING PROPERTY FROM CITY OF BROOKLYN CENTER AND ANNEXING TO CITY OF
MINNEAPOLIS
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.
CHARTER AMENDMENTS REGARDING EVEN YEAR ELECTIONS
The City Manager explained that the proposed revision to the City Charter has been
recommended by the City's Charter Commission, and he proceeded to review the
adjustment of Council terms necessary to implement a change to even year elections
for municipal offices. He explained that the Charter Commission requested the
recommended ordinance revisions not be brought before the Council until appropriate
publicity on the recommended changes had been completed. He added that if a change
is to occur it must be a unanimous vote by the City Council.
Mayor Nyquist recognized Mr. Donn Escher, Chairman of the City Charter Commission.
Mr. Escher addressed the Council and explained that he has been on the Charter
Commission for six years and that much of the recommended amendments to the Charter
in the past have been of a housekeeping nature, but that the recommended revision to
the City Charter before the Council this evening is a substantive change. He noted
that the impetus for the change originated with citizens and election judges. He
explained that in May of this year there was a unanimous vote of the Charter
Commission for the change in the Charter presented this evening. He reviewed the
publicity prepared for the proposed Charter change, and noted that in June the
Brooklyn Center Post printed an article on the proposed changes to an even year
election and also the City Manager's newsletter contained an article on the proposed
change.
Mr. Escher, explained that, at the September 26, 1984 Charter Commission meeting,
Charter Commission members were polled individually with regard to any comments
they had received from the community in regard to the proposed Charter change.
Essentially, he pointed out, there had been no comment from the community at large.
He noted that he did receive personally a comment from a candidate for State office
and a former City Council member that a certain group within the community had
concerns regarding the proposed change. He pointed out that the City of
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Minneapolis submitted a similar proposition to the voters at the last election and
it passed. Mr. Escher then proceeded to review the voter turn -out from 1973 through
1984. He stated he believes the proposal submitted by the Charter Commission for
even year elections is practical given the voting trend of the past few years, and
cited the low voter turn -out for municipal elections in comparison to the even year
State and Federal elections. He added that the Charter Commission has certain
qualms about the extension of terms resulting from the change but such a change could
not be implemented without the extension of terms.
The City Manager (( stated that he had received no more than four phone calls regarding
the proposed change and they dealt primarily with the extension of terms. He added
that when he explained the reason that the terms had to be extended people calling
understood the transition process.
Mr. Escher noted that the Charter Commission debated whether both Council and Mayor
should have the same term and the result is that they recommended the Mayor's term
should be kept at two years, therefore, voters have the opportunity to change the
Council every two years.
Councilmember Hawes stated that the objections he has heard from a number of people
are that if the elections are changed to even year elections local issues may be lost
in an even year election. Mr. Escher stated that he believes in even year elections
the voter interest is greater than in off year elections.
The Council continued its discussion of the proposed Charter revision and
Councilmember Theis expressed a concern that because of the holiday season holding a
public hearing in December may not be advisable. The City Manager suggested that
perhaps January 14 or January 28 of 1985 be set for the public hearing date, if the
Council approves the ordinance this evening. Councilmember Theis suggested that
the date be January 28, and stated that the issue he wrestles with is that the current
system works and the current length of terms at three years appears reasonable. The
City Manager stated that without a unanimous vote the Charter Commission could
request that the issue be put on the ballot or the change could be put on by petition.
He pointed out there are many options in this issue. Councilmember Theis stated
that he would want to give any groups concerned ample time to review the proposed
revision.
Councilmember Lhotka stated that he was in favor of the proposal as suggested by the
Charter Commission.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve for first reading An Ordinance Amending the Brooklyn Center City Charter and
to set the public hearing on the ordinance and second reading for January 14, 1985.
Voting in favor: Mayor Nyquist, CounciLmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
There was a motion by Councilmember Theis and seconded by Councilmember Hawes to
amend the public hearing date for the Ordinance Amending the Brooklyn Center City
Charter to January 28, 1985. Voting in favor: Councilmembers Scott, Hawes, and
Theis. Voting against: Mayor Nyquist and Councilmember Lhotka. The motion
passed.
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COUNCIL MEETING SCHEDULE FOR 1985
There was a motion by Councilmember Lhotka and seconded by Councilmember. Theis to
approve the Council meeting schedule for 1985 as submitted by staff. Voting in
favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
LICENSES
Councilmember Hawes inquired why the food license was being issued to the Hennepin
Technical Center in Brooklyn Center when the Center is located in Brooklyn Park.
The City Manager stated that he believed the license was issued for an itinerant food
license for a display conducted at Brookdale.
LICENSES
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
approve the following list of licenses
CHRISTMAS TREE SALES LOT
P.Q.T. Company 4007 58th Ave. N.
CIGARETTE LICENSE
B. C. American Legion Post 4307 70th Ave. N.
Canteen Company of MN 6300 Penn Ave. S.
FMC 1800 Freeway Blvd.
Iten Chevrolet 6701 Brooklyn Blvd.
M.T.C. 6845 Shingle Cr. Pkwy.
Country Club Market 5715 Morgan Ave. N.
M & S Drug Emporium 5900 Shingle Cr. Pkwy.
Minnesota Vikings Food Service 5200 W. 74th St.
LaBelle's 5925 Earle Brown Dr.
Northwest Microfilm 1600 67th Ave. N.
Twin City Vending Co. 1065 E. Highway 36
Earle Brown Farm Ind. Park 6100 Summit Dr.
Uncle Bob's Food Shop 6600 Lyndale Ave. N.
Wes' Standard 6044 Brooklyn Blvd.
Yen Ching Restaurant 5900 Shingle Cr. Pkwy.
COMMERCIAL KENNEL LICENSE
Brooklyn Pet Hospital 4902 France Ave. N.
COURTESY BENCH LICENSE
U.S. Bench Corporation 3300 Snelling Ave.
ITINERANT FOOD ESTABLISHMENT LICENSE
Hennepin Technical Centers 9000 77th Ave. N.
OFF -SALE NONINTOXICATING LIQUOR LICENSE
Brooks Superette 6804 Humboldt Ave. N.
Country Club 5715 Morgan Ave. N.
Super America Stations 6545 W. River Road
Super America Stations 1901 57th Ave. N.
RE NTAL DWELLING LICENSE
Initial:
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James & Yvonne Lyons 5303 Emerson Ave. N.
Arthur & LaVonne Cahill 4715 France Ave. N.
Arvey & Penny Rice 7208 Fremont Ave. N.
Dale & Rose Ketelboeter 4207 Lakeside Ave. #338
Daniel & Georgette Kitchin 5601 Logan Ave. N.
Matthew & Kelly Guzik 7009 Unity Ave. N.
Wallce & Dorothy Arneson 3513 53rd Pl.
Diane & Eugene Wright 4408 69th Ave. N.
Renewal:
Gary Lyons Humboldt Court
Harrington Properties Hi Crest Apartments (Humboldt Ave.)
Kenneth L. Bergstrom Hi Crest Apartments (67th Ave. N.)
Edstrom Associates Twin Lake North Apartments
Randall B. Cook 5347 Brooklyn Blvd.
David Jensen & Gordon Wellens 5501 Brooklyn Blvd.
Ronald L. Nyberg 5301 Dupont Ave. N.
James & Wanda Storie 5339 Emerson Ave. N.
Jerry Tyson & Randall Tyson 5137, 39 France Ave. N.
Patrick Menth 5302 Fremont Ave. N.
Dennis F. Deering 5409 Fremont Ave. N.
Thomas & LaDonna Pfingsten 6706 Grimes Ave. N.
Peter & Joan Neururer 6737, 43 Humboldt Ave. N.
Robert J. Beugen 7001 Humboldt Ave. N.
Aquila Partners 5407 Lyndale Ave. N.
Mr. & Mrs. John W. Schroeder 5312 Oliver Ave. N.
Allan & Vicki Olson 7111 Riverdale Road
Duane L. Christiansen 5400 Sailor Lane
Mrs. Paul Enge 4748 Twin Lake Ave.
Tom Castle 5256 E. Twin Lake Blvd.
Richard Dawson 3955 69th Ave. N.
Marlyn & Gayle Kruse 2101 71st Ave. N.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
REPORT ON COST OF 1984 FIREWORKS DISPLAY
The City Manager explained that the amount required by the Earle Brown Days
Committee for the fireworks display totals $3,200.
ADJOURNMENT
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis 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 9:02 p.m.
f ,
Deputy City Clerk Mayor
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