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HomeMy WebLinkAbout1984 04-23 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 APRIL 23, 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, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Stan Aukema of Northbrook Alliance Church. 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 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 9a, 9b, 9k, and 14 be removed from the Consent Agenda. Mayor Nyquist requested item 9c be removed from the Consent Agenda. PROCLAMATION DECLARING MAY 3, 1984 AS A DAY OF PRAYER IN BROOKLYN CENTER There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve a Proclamation Declaring May 3, 1984 as a Day of Prayer in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PROCLAMATION DECLARING MAY 6 THROUGH MAY 12 AS NATIONAL VOLUNTEER RECOGNITION WEEK IN BROOKLYN CENTER There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve a Proclamation Declaring May 6 through May 12 as National Volunteer Recognition Week in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 84 -52 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY 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. 4 -23 -84 -1 I RESOLUTION NO. 84 -53 Member Rich Theis introduced the following resolution and moved its adoption: I RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -L (CENTRAL PARK TENNIS COURT IMPROVEMENT PROJECT NO. 1983 -12, PHASE I) 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. RESOLUTION NO. 84 -54 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1984 -C (STREET IMPROVEMENT PROJECT NO. 1984 -03 AND STREET IMPROVEMENT PROJECT NO. 1984 -04) 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. i RESOLUTION NO. 84 -55 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACEPTING BIDS FOR SEAL COAT AGGREGATES i 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. RESOLUTION NO. 84 -56 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR BITUMINOUS MIXTURES 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. RESOLUTION NO. 84 -57 Member Rich is introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR BITUMINOUS MATERIALS I 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. 4 -23 -84 -2- RESOLUTION NO. 84 -58 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WATER MAIN IMPROVEMENT PROJECT NO. 1984 -02 AND WATER SERVICE REPAIR PROJECT NO. 1984 -06 (CONTRACT 1984 -E) The motion for the adoption for 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. RESOLUTION NO. 84 -59 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE PUBLIC UTILITY FEE SCHEDULE RELATING TO THE SALE OF WATER METERS 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. APPROVAL OF MINUTES - APRIL 9, 1984 There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of April 9, 1984 as submitted. 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 Amendments to the Indenture of Trust, the Mortgage Origination and Sale Agreements, the Resale Commitment Agreement, and Approving the Extension of Builder- Developer Commitment Agreements Relating to the Single Mortgage Revenue Bond Program Undertaken Jointly by the City of Brooklyn Center, the City of Columbia Heights, the City of Moorhead and the Housing and Redevelopment Authority in and for the City of Robbinsdale, Minnesota Administrative Assistant Hoffman reviewed the resolution for Councilmembers and noted that it would allow the mortgage revenue bond program to extend until the fall of 1985, and would also extend the time for Brutger Company to originate the monies it reserved under the program to June 15, 1984. RESOLUTION NO. 84 -60 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENTS TO THE INDENTURE OF TRUST, THE MORTGAGE ORIGINATION AND SALE AGREEMENTS, THE RESALE COMMITMENT AGREEMENT, AND APPROVING THE EXTENSION OF BUILDER- DEVELOPER COMMITMENT AGREEMENTS RELATING TO THE SINGLE MORTGAGE REVENUE BOND PROGRAM UNDERTAKEN JOINTLY BY THE CITY OF BROOKYN CENTER, THE CITY OF COLUMBIA HEIGHTS, THE CITY OF MOORHEAD AND THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ROBBINSDALE, MINNESOTA 4 -23 -84 -3- i 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. The City Manager introduced a Resolution Approving Collective Bargaining Agreement between the City of Brooklyn Center and Law Enforcement Labor Services, Local No. 82. He explained the contract reflects a 5% salary increase and that the differential in the sergeants' pay rate is the same as for the last contract period. He also noted that the contribution towards the purchase of health, life, and dental insurance has been increased from $125 per month to $145 per month, and also the amount that can be used for the purchase of dental insurance has been increased from $10 to $15. An additional added benefit is three and one -half extra holidays for which officers, who work those holidays, will receive time and one -half pay rates. RESOLUTION NO. 84 -61 Member Celia Scott introduced the following resolution and moved its adoption. RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 82 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. The City Manager introduced a Resolution Amending the 1984 Employee Position and Classification Plan Regarding Payment for Health and Life Insurance Programs for Nonorganized Employees Mayor Nyquist expressed a concern that nonorganized employee benefits are dictated by those received by organized employees. He suggested that perhaps other areas of fringe benefits could be reviewed. The City Manager explained the City's past policy has been to keep dollar amounts the same for both organized and nonorganized. He added that the City is also reviewing fringe benefit options including cafeteria type benefit plans, but that the staff is recommending the dollar amounts for insurance be kept the same. Mayor Nyquist added he was not suggesting the total of nonorganized benefits be less than organized, but only that the City look at some flexibility to the fringe benefits received. The City Manager pointed out the City staff is currently looking at the specific issue of the sick leave policy and the possibility of allowing some flexibility in that area. He added he was not prepared to make any recommendation with regard to this policy at this time. RESOLUTION NO. 84 -62 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1984 EMPLOYEE POSITION AND CLASSIFICATION PLAN REGARDING PAYMENT FOR HEALTH AND LIFE INSURANCE PROGRAMS FOR NONORGANIZED EMPLOYEES 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. 4 -23 -84 -4- The City Manager introduced a Resolution Acknowledging Gift and explained that the resolution acknowledges a gift of $500 from the Brooklyn Center Lions Club for the purchase of a canine for the police department. In response to Councilmember Theis' question regarding the total cost of the dog, the City Manager explained that the cost of the animal itself would be between $700 and $800 and the useful life of the dog is approximately five years. He added that the cost related to care of the animal ranges from $3,000 to $3,500 annually. RESOLUTION NO. 84 -63 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT 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. The City Manager introduced a Resolution Receiving City Engineer's Report, Establishing Brooklyn Center Industrial Park Water Service Repair Project No. 1984- 06 and Ordering Improvement. In response to a question from Councilmember Hawes the Director of Public Works explained that the project proposes to repair 17 water services and abandon 8. He explained the minimum cost would be $3,000 and the maximum cost would be $10,000, and that if the water services are repaired after the break the cost would be approximately twice as much. RESOLUTION NO. 84 -64 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING BROOKLYN CENTER INDUSTRIAL PARK WATER SERVICE REPAIR PROJECT NO. 1984 -06 AND ORDERING IMPROVEMENT 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. The City Manager introduced a Resolution Receiving City Engineer's Report, Establishing Evergreen Park /Area Improvement Project No. 1984 -07 and Ordering Improvements. The Director of Public Works reviewed the project and noted that it included the removal of the maintenance annex building, removal of the chain link fence, construction of the football /soccer field, expansion of the Evergreen Park School parking lot, construction of a bituminous trail from Dupont Avenue to 70th Avenue North, and construction of a housing for well No. 4 which would also provide storage for athletic equipment. He then reviewed the sources of revenue proposed for the project and also the phasing of the construction. Councilmember Lhotka asked the cost of the electronic scoreboard which was proposed in conjunction with construction of the soccer /football field. The City Manager explained the estimated cost of the scoreboard would be $10,000 which would include installation. 4 -23 -84 -5- The Director of Public Works explained the resolution before the Council this evening establishes the overall project budget and approval of the plans and specifications for Phase I of the project. He pointed out that the staff will return to the City Council with Phases II and III. RESOLUTION NO. 84 -65 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING EVERGREEN PARK /AREA IMPROVEMENT PROJECT NO. 1984 -07 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 -66 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR EVERGREEN PARK /AREA IMPROVEMENT PROJECT NO. 1984 -07, PHASE I (CONTRACT 1984 -F) 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. PLANNING COMMISSION APPLICATION N0. 84007 SUBMITTED BY DUKE'S STANDARD FOR EXTENDED SPECIAL USE PERMIT APPROVAL FOR THE BUILDING ADDITION APPROVED BY THE CITY COUNCIL ON APRIL 11,, 1983 The Director of Planning and Inspection presented and reviewed for Councilmembers page 1 of the April 12, 1984 Planning Commission meeting minutes and also the information sheet prepared for Application No. 84007. He explained the requests of the applicant is for an extension of a special use permit approved in 1983• He reviewed the location of the subject parcel and also the modification proposed in the application. He noted the zoning ordinance specifies that a special use permit is good for one year and that the applicant is requesting an extension of the special use permit granted in 1983• He added there is no change proposed in the project from the original application. After the Planning Commission held a public hearing at its April 12, 1984 meeting the Director of Planning and Inspection pointed out that the Commission approved the application with one condition which stipulated that all conditions attached to the approval of Application No. 83011 shall continue in effect. He explained that notices of this evening's public hearing had been sent and that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 84007. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. 4 -23 -84 -6- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 84007. 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 Lhotka to approve Application No. 84007, subject to the following conditions: 1. All conditions attached to the approval of Application No. 83011 shall continue in effect. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS CENTRAL PARK PLAZA The City Manager introduced Mr. Paul Fjare of Brauer & Associates. The City Manager pointed out that, after review of the project, the architects felt it would be difficult to design the plaza without moving the existing roadway. Mr. Fjare reviewed the proposed plaza plans prepared by Brauer & Associates and recommended that the roadway be relocated. He reviewed the major features of the plaza proposal and explained that the primary considerations included relocation of the roadway which doubles the "people space" for seating in the plaza area and improvement of the overall drainage of the area. Councilmember Theis inquired as to the cost of relocating the existing roadway. The Director of Public Works explained that the cost would be between $35,000 and $40,000 and also pointed out that it was estimated that as much as $20,000 of this could be recovered in savings in the cost of providing drainage to the area as a result of moving the roadway. There was a motion by Councilmember Hawes and seconded by Councilmember Scott adopting the plaza plan concept including the relocation of the existing roadway. Voting in favor: Mayor Nyquist, Councilmembers Scott, Theis, and Hawes. Voting against: Councilmember Lhotka. The motion passed. REVIEW OF ALTERNATE DEVELOPMENT PROPOSALS FOR THE OLD CITY HALL PROPERTY LOCATED AT 7100 BROOKLYN BOULEVARD The City Manager explained that approximately six years ago the old City Hall burned down and the property was declared surplus. Subsequently, the surrounding neighborhood was surveyed and it was discovered that the neighborhood preferred an office type development as opposed to multi - family dwellings. He explained that this evening the Council will be reviewing three proposals for development of this site. He noted that the Planning Commission reviewed the three proposals and determined they each complied with the zoning ordinance and the Comprehensive Guide Plan. Administrative Assistant Hoffman stated that the purchase price in all three proposals is $150,000, which was the asking price of the City. He then reviewed the requirements of the purchase agreements and explained that the contracts for the three proposals are virtually identical and that all three have proposed office uses for the site. He then briefly reviewed the three proposals from H E Homes, Edina Realty, and Partners in Progress. 4 -23 -84 -7- i The first presentation was made by H E Homes which proposed office condominiums for the site, 29 units with approximately 960 square feet per unit. H E Homes proposed a building with brick construction with every unit having its own heating and cooling unit. The next presentation was made by Edina Realty. The Council reviewed photos of a typical Edina Realty office. A representative of Edina Realty explained that the Company is proposing to use the building for their own use and rent out a portion. He explained the building is a two - story, colonial type structure with 6,000 to 7,500 square feet per floor. He noted that the exterior of the building would be brick and the parking would be oriented toward the rear of the building. The third proposal was presented by Partners in Progress and was a 24, 000 square foot commercial office building. The proposal was for a two -story building with glass and aluminum exterior including a two -story atrium. The developer explained the entrance to the building would be in the rear along with parking. He added the proposed construction date would be 1985. It was also noted that the approximate cost of the H E Homes project was $3 million, the Edina Realty project was $1 to $1.5 million and the proposal from Partners in Progress was $1.5 to $1.7 million construction cost. Councilmember Theis asked what type of control the City would exercise over the development of the project. Administrative Assistant Hoffman pointed out that prior to closing, detailed plans of the project must be submitted and go through the Planning Commission. He explained that the sale could be terminated if the plans do not comply with the requirements of the purchase agreement. He explained that the developer would also be required to build the project within 24 months. RECESS The Brooklyn Center City Council recessed at 9:05 p.m. and reconvened at 9:20 p.m. CONTINUATION OF REVIEW OF DEVELOPMENT PROPOSALS FOR OLD CITY HALL PROPERTY The City Attorney reviewed the required changes in the ordinance titled An Ordinance Authorizing the Conveyance of Real Estate from the City of Brooklyn Center. He explained that the second WHEREAS in the ordinance should be deleted, and also changes in the first paragraph on the second page of the proposed ordinance should be made including the term "consideration of" should be changed to read "accordance with" and the phrase "submitted by" should be changed to "drafted by the City staff". The final change recommended by the City Attorney was in the last paragraph of the ordinance, and he recommended the words "contract for" should be inserted between the words execute and quit. Councilmember Lhotka commented that he liked the low profile of the proposal submitted by H E Homes but that he didn't care for the parking out front. He also commented that he was not sure a modern type building is suitable for this particular area. Councilmember Theis commented he liked the parking towards the rear of the buildng and liked the proposal with the green area in the front and the parking in the rear. Councilmember Scott stated that she had the same concerns over a modernistic building, but that she had no problem with parking out front if the area is properly landscaped. 4 -23 -84 -8- Councilmember Hawes stated he was concerned the Edina Realty building would be more difficult to sell if Edina Realty moved out, and that he believed a two -story building is appealing and would be an asset to Brooklyn Center. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve for first reading, An Ordinance Authorizing the Conveyance of Real Estate from the City of Brooklyn Center to Partners in Progress and to adopt the revisions in the ordinance recommended by the City Attorney. In discussion of the motion Councilmember Theis questioned whether there was another method to be used in selling the property. The City Manager explained the City received three offers within two to three weeks from the first, and that the staff concern was what proposal would offer the best development for the neighborhood. He explained he felt the market price was fair and he believed the quality of the project would be the deciding factor. Councilmember Lhotka stated he felt uncomfortable in making a decision since it appears that any of the three will work on the site. He added he would like to see more information on the projects. The City Manager explained the Council could defer the first reading of the ordinance to the next meeting and request more information from developers such as something in writing regarding their experience in the development of similar projects. Mayor Nyquist recognized Mr. Jim Backer, owner of the property at 7018 Brooklyn Boulevard. Mr. Backer explained, in his opinion, the problem in the area is snow removal and getting out on Brooklyn Boulevard. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to table consideration of the development proposals for the old City Hall property until the May 7, 1984 Council meeting, and to request additional information be provided to the City staff by May 1, 1984 from each of the developers regarding their proposals. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced a Resolution Receiving City Engineer's Report, Establishing Lyndale Avenue Water Main Improvement Project No. 1984 -08, Lyndale Avenue Street Improvement Project No. 1984 -09, and Lyndale Avenue Sidewalk Improvement Project No. 1984 -11, and Calling for a Hearing Thereon. The City Engineer reviewed the project area which included Lyndale Avenue from 53rd to 57th. He then reviewed the various improvement projects including financial considerations for the project, estimated project costs and estimated revenue sources. The City Council reviewed and discussed the various improvement projects and Councilmember Scott commented on the problems with installing a sidewalk in some areas of the project area. The City Engineer acknowledged problems and noted that the sidewalks proposed will connect to the City's sidewalk system. Councilmember Scott commented that she did not detect much pedestrian traffic in the area but there is heavy bicycle traffic. The Director of Public Works pointed out that the right of way in the project area is 66 feet and that the west edge of the existing roadway is on the centerline of the right of way. That means that considerable right of way exists on the west side of the existing roadway. 4 -23 -84 -9- i Councilmember Scott then inquired as to the cost of tree removal associated with the project. The Director of Public Works explained that if tree removal is required for the project, property owners would not be charged. He added that the staff would be happy to conduct informational meetings prior to the public hearing. RESOLUTION NO. 84-67 Member Gene Lhotka introduced the following resolution and moved its adoption. RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING LYNDALE AVENUE WATER MAIN IMPROVEMENT PROJECT NO. 1984 -08, LYNDALE AVENUE STREET IMPROVEMENT PROJECT NO. 1984 -09, AND LYNDALE AVENUE SIDEWALK IMPROVEMENT PROJECT NO. 1984 -11, AND CALLING I FOR A HEARING THEREON. 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. AN ORDINANCE AMENDING SECTIONS 23 -1900 THROUGH 23 -1910 RELATING TO THE LICENSING AND REGULATION OF GAMBLING DEVICES The City Manager explained that this ordinance was approved for first reading at the March 26, 1984 City Council meeting, published on April 5, 1984 and is recommended for a second reading this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Sections 23 -1900 through 23 -1910 Relating to the Licensing and Regulation of Gambling Devices. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak at the public hearing and he entertained a motion to close the hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Sections 23 -1900 through 23 -1910 Relating to the Licensing and Regulation of Gambling Devices. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 84 -5 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTIONS 23 -1900 THROUGH 23 -1910 RELATING TO THE LICENSING AND REGULATION OF GAMBLING DEVICES The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, 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. GAMBLING APPLICATION FOR GIRL SCOUT TROOP NO. 277 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the application for a Class A gambling license for Girl Scout Troop No. 277. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. I I 4 -23 -84 -10- There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to waive the $10,000 fidelity bond for Girl Scout Troop No. 277. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Denny's Restaurant 3901 Lakebreeze Ave. N. Jim & Dee's Donut Shop 6838 Humboldt Ave. N. Yen Ching Restaurant 5900 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE Advanced Heating 7805 Beech St. NE Atkins Mechanical, Inc. 6550 W. River Rd. Care Air Cond. & Htg. 1211 Old Highway 9 Environ -Con, Inc. Box 1351 Egan & Sons Co. 7100 Medicine Lk. Rd. General Sheet Metal Corp. 2330 Louisiana Ave. N. Kraemer Heating 7161 Yucca Circle Northland Mechanical 7150 Madison Ave. W. Royalton Heating & Cooling 4120 85th Ave. N. G. Sedgwick Heating & Air Cond. 1001 Xenia Ave. S. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola 1189 Eagan Ind. Rd. MN Utilities 6800 Shingle Cr. Pkwy. RENTAL DWELLING LICENSE ni is Donald & Mane Hart 7216 Brooklyn Blvd. Arlie Bomstad 7216 Humboldt Ave. N. Stephen & Lynne Gilman 4201 Lakeside Ave. #103 Dale & Rose Ketelboeter 4201 Lakeside Ave. #217 Renewal: Bennie Rozman Brookdale Ten Apartments Joan Kanz 3112 O'Henry Rd. Robert Johnson 6801 Scott Ave. N. Kenneth E. Patterson 3614 - 16 50th Ave. N. Gary & Karin Lidstone 2800 71st Ave. N. Mr. & Mrs. Kenneth Ready Jr. 1019 73rd Ave. N. SIGN HANGERS LICENSE Suburban Lighting, Inc. 6007 Lake Elmo Ave. Universal Sign Co. 1033 Thomas Ave. SWIMMING POOL LICENSE Lyn River Corp. Lyn River Apts. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:30 p.m. Deputy City 'Clerk Mayor 4 -23 -84 -11-