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HomeMy WebLinkAbout1984 06-11 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 JUNE 11, 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 Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Assessor Peter Koole, City Attorney Richard Schieffer, Appraiser Joe DaBruzzi, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Blomberg of the Berean Free 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 Lhotka requested item 10 be removed from the Consent Agenda. FINAL PLAT APPROVAL - MOORWOOD TOWNHOUSES, 2ND ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat of Moorwood Townhouses, 2nd Addition (Planning Commission Application No. 79028) subject to approval of the Homeowners' 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 RELEASES /REDUCTIONS There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the reduction of the performance guarantee for Brooklyn Crossings, 3300 County Road 10 (Planning Commission Application No. 81017) from $55,000 to $15,000 to cover the cost of deferred curbing. 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 and seconded by Councilmember Hawes to release the performance guarantee for 4010 65th Avenue North (Planning Commission Application No. 82044) in the amount of $1,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 6 -11 -84 -1- t j LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the .following list of licenses: AMUSEMENT DEVICE - OPERATOR LICENSE Show Biz Pizza — 5939 John Martin Dr. CIGARETTE LICENSE Interstate United Corp. 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. FOOD ESTABLISHMENT LICENSE Bridgeman's Brookdale Center Lutheran Church of the Master 1200 69th Ave. N. I GARBAGE AND REFUSE VEHICLE LICENSE Bergstrom Trucking 5860 73rd Ave. N. G & H Sanitation, Inc. 12448 Pennsylvania Ave. S. Hilger Transfer Co. 8550 Zachary Ln. l Midwest Grease Buyers, Inc. P.O. Box 222 Robbinsdale Transfer Co., Inc. 5332 Hanson Court Shobe and Sons 3621 85th Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE Total Energy Heating & Cooling 5905 Lexington Ave. N. NONPERISHABLE VENDING MACHINE LICENSE 4 Coca Cola Bottling 1189 Eagan Ind Rd. Evergreen Park Manor 7224 Camden Ave. N. Interstate United 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. Iten Leasing 4301 68th Ave. N. PERISHABLE VENDING MACHINE LICENSE Interstate United 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. TEMPORARY BEER LICENSE Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. j Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. I, Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - MAY 21, 1984 There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the City Council meeting of May 2.1, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Lhotka abstained from voting as he was not present at the May 21, 1984 meeting. 6 -11 -R4 -2- I i CONTINUATION OF BOARD OF EQUALIZATION MEETI14G The City Manager introduced the list of cases which were carried over to this evening's meeting from the Board of Equalization meeting held on June 4, 1984. He explained the list consisted of items that required follow -up by the City Assessor's staff. Case No. 3 - Irma Gawboy, PID# 03- 118 -21 -23 -0026, 5803 Shores Drive. The City Assessor explained the petitioner has requested a reduction in value due to a water intrusion problem. He stated the assessor's office is not recommending a reduction at this time. The City Manager explained the City Attorney has reviewed the documents of the Homeowners' Association to which Mrs. Gawboy belongs, and he requested the City Attorney to review his findings with the City Council. The City Attorney explained that, with regard to rights of homeowners, as opposed to the rights of the association, the Homeowners' Association documents treat them as two parties. He reviewed the City's responsibility under the association's documents. He explained the City does a limited review of Homeowners' Association documents and is primarily concerned with access for City vehicles, such as emergency vehicles, and in the event there is a total breakdown of the association 'the City has the authority to do the required work necessary to deal with the emergency situation. He explained the costs of any City work would be assessed to the common property, and again he emphasized the purpose of the City's review of the documents is to assure the City's rights. The City Attorney stated that the Homeowners' Association documents for Moorwood were originally approved in the mid 1970's, and that the City's request in the documents was only for access to the development. He explained the City would not request any rights with regard to homeowners rights and the City does not have authority to enforce any of these homeowners rights. He again emphasized the City acts only on an emergency basis when lives are threatened and there is a complete breakdown of the association. The City Attorney next reviewed the City's responsibility with regard to code enforcement. The City Attorney reviewed the question of whether the City is liable for not enforcing codes. He explained the City is not liable for code enforcement, and explained that this is a rule of tort law which exists in all but four or five states. He added that the City enforces the codes at the time of construction. He concluded that the apparent problem is a maintenance problem and does not affect the market value of the property. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to affirm the City Assessor's original recommendation for the 1984 market value of 5803 Shores Drive, owned by Irma Gawboy, (PID# 03- 118- 21 -23- 0026). Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Case No.1 - Joslyn Manufacturing Company, PID# 10- 118 -21 -23 -0004, Industrial, 4837 France Avenue North. The City Assessor reviewed Case No. 1, Joslyn Manufacturing Company, for the Board 6- 11-84 -3 of Equalization and noted that a representative of Joslyn was not present at the meeting. He explained the estimated market value of the property was approximately 2.3 million dollars not considering the pollution problem of the property. He then reviewed the.ground water pollution problem on the Joslyn site, and explained that, given the pollution problems at the site, the range of valuation could be between f $738,000 and $1 ,336,000. He stated that his final recommendation for the value of the property is $894,800. He concluded by noting that the pollution affect on property value is extremely difficult to determine. There was 'a motion by Councilmember Scott and seconded by Councilmember Theis to approve the City Assessor's recommendation for valuation of the Joslyn Manufacturing Company property (PID# 10- 118 -21 -23 -0004) at $894,800. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Case No. 2 - William J. Dale, PID# 10- 118 -21 -31 -0028 - Vacant Land - Lakebreeze Avenue. The i Th City Manager no present I y M ge noted that a representative of Mr. Dale was t p ese t this Y evening. He added that additional information had been gathered b the staff on the property and had resulted in the assessing staff's recommendation of adjusting the f 1984 market value from $154,300 to $185,000. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the staff's recommendation for the 1984 market value of the vacant land, owned by William J. Dale, on Lakebreeze Avenue (PID# 10- 118- 21 -31- 0028) at $185,000. Case No. 4. - John M. Kulla, PIN 02- 118 -21 -43 -0043 - 5315 Logan Avenue North. The City Assessor stated the staff is recommending no change from its original recommendation of $46,400 for the 1984 market value of the property located at 5315 Logan .Avenue North. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the staff recommendation for the 1984 market value of 5315 Logan Avenue North, owned by John M. Kulla, (PID# 02- 118 -21 -43 -0043) at $46,400. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. I, Case No. 5 - George B. Morrow, PID# 25- 119 -21 -41 -0037 - 7212 Willow Lane. The City Manager explained the staff is recommending an adjustment of the 1984 market value on this property from $102,000 to $97,600. He added that Mr. Morrow has indicated his satisfaction with this adjustment. i There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the staff recommendation for the 1984 market value of 7212 Willow Lane, owned by Mr. George B. Morrow, (PID# 25- 119 - 21--41 -0037) at $97,600. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Case No. 6 Phyllis and Paul Linton, PIN 27- 119 -21 -34 -0005 6915 Indiana Avenue j< North. i I 6 -11 -84 -4- I The City Manager stated that the City appraiser had met with Mrs. Linton on June 6, 1984 and she indicated that they were satisfied with his review and explanation of the recommended assessed valuation. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the staff recommendation for the 1984 market value of 6915 Indiana Avenue North, owned by Phyllis and Paul Linton, (PID# 27- 119 -21 -34 -0005) at $54,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Case No. 7 - Roger L. Lundquist, PID# 34- 119 -21 -31 -0102 - 3910 65th Avenue North. The City Manager explained that the property at 3910 65th Avenue North is a four -plex and that the owner had failed to provide the assessor's office with requested income and expense information. He explained that the information is now available and the staff is recommending an adjustment in the 1984 market value from $134,400 to $127,400. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the staff recommendation for the 1984 market value of 3910 65th Avenue North, ocaned by Roger L. Lundquist,(PID# 34- 119 -21 -31 -0102) from $134,400 to $127,400. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and =Theis. Voting against: none. The motion passed unanimously. Mayor Nyquist noted that the Board of Equalization had not received any other appeals or requests to appear before the Board of Equalization this evening, and he was therefore adjourning the 1984 Board of Equalization meeting. PLANNING COMMISSION APPLICATION NO. 84009 SUBMITTED BY LOMBARD PROPERTIES FOR SITE AND BUILDING PLAN APPROVAL PLANNING COMMISSION APPLICATION NO. 84010 SUBMITTED BY LOMBARD PROPERTIES FOR A SPECIAL USE PERMIT APPROVAL FOR OFF -SITE ACCESSORY PARKING FOR SPEC. 14 The Director of Planning & Inspection presented and reviewed for Council members pages one through three of the May 24, 1984 Planning Commission meeting minutes and also the portion of the May 10, 1984 Planning Commission meeting minutes pertaining to Application Nos. 84009 and 84010. He also reviewed the Planning Commission information sheets prepared for the applications. The Planning Director reviewed for Council members the location of the Spec. 14 building located west of Shingle Creek Parkway at 67th. He explained the area is zoned I -1 and that office uses are a special use in an I -1 zone. He then reviewed the proposed site plan and landscaping plan for Application No. 84009. He explained 'n submitted the applicant which comprehends that a revised arks plan had been submitte parking Y Pp a p P parking ramp in the proof of parking plan. He explained the agreement with the developer would require the construction of a ramp, if the City determines there was a need for additional parking. The Director of Planning &Inspection explained that, following a public hearing, the Planning Commission recommended approval of Application No. 84009, subject to 17 conditions which he reviewed for Council members. He stated notices of this evening's public hearing had been sent to surrounding property owners, and a representative of the applicant was present this evening. 6 -11 -84 -5- i i Mayor Nyquist opened the meeting for the purpose of a public hearing on the special use permit request for the low -rise industrial building and for the off -site accessory parking arrangement, both of which are special uses. Mayor Nyquist recognized Mr. Al Beisner, representing Lombard Properties, who � explained to the Council that the grade elevation on the project will be at the same grade as the Spec. 11 billing. I 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 t hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application Nos. 84009 and 84010. Voting in favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 84009, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. L, I 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all Landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. I I 6 -11 -84 -6_ 9. Plan approval acknowledges proof -of- parking for 82 off -site parking stalls, at least 20 of which are to be located in the at -grade central parking lot and up to 62 of which may be located in a future parking ramp. The applicant shall enter into a written agreement with the City to install the parking ramp at the request of the City and this agreement shall be filed with the property at Hennepin County. Site and landscape plans for the central parking ramp shall be reviewed and approved by the City Council prior to construction. 10. The Special Use Permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 11. Special Use Permit approval acknowledges that up to 50% of the occupancy of the building may be devoted to office use whether related to an industrial use or not. Office occupancy of more than 50% of the gross floor area is subject to amendment of the Special Use Permit herein granted and to the appropriate parking formulas of the City Zoning Ordinance. 12. The applicant shall submit a site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) prior to the issuance of building permits to assure the completion of the central parking lot. 13. The applicant shall submit master plans for site grading and utility service to all tracts of R,L.S. 1572 for approval by the City Engineer prior to the issuance of permits for Spec. 14. 14. A flowageway shall be constructed in accordance with the provisions of an executed subdivision agreement, said flowageway to provide unobstructed overlandflow of excess storm water from the intersection of Shingle Creek Parkway and 67th Avenue, westerly to Shingle Creek. 15. Upon installation of lateral water mains and /or lateral sewers, the owners shall provide an as -built survey depicting the location of said utilities. 16. The owners shall execute a water and sewer main and fire hydrant maintenance and inspection agreement upon installation of lateral water and /or sewer mains. 17. All landscaped areas more than 6' wide around the perimeter of the parking and driving areas shall be sodded. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 6- 1.1 -84 -7- i ! r There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Planning Commission Application No. 84010', subject to the following condition: i 1. Special Use Permit approval-acknowledges up to 82 off -site accessory parking stalls on the central parking lot and Y p g p g future ramp to the west of the site. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSI APPLICATION NO. 84014 SUBMITT BY MARY ZIEBARTH FOR A { SPECIAL USE PERM TO CONDUCT GROUP DANCE AND BATON TWIRLING LESSONS IN THE LOWER LEVEL OF THE RESIDENCE AT 5329 4TH STREET NORTH s The Director of Planning & Inspection presented and reviewed for Council members pages five and six of the May 24, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84014. The Planning Director reviewed the special use request L and the location of the subject parcel and noted the zoning in the area is R2. He explained group lessons are a special use in both the R1 and R2 zones. He then reviewed the letter submitted by the applicant requesting the special use. With regard to the building inspector's report, the Planning Director indicated that the building official has recommended certain items be required, including a handrail on the stairs, a recessed light, and a fire extinguisher mounted on the wall. The Director of Planning explained the Planning Commission held a public hearing at which no one except the applicant appeared to speak. After the public hearing the Planning Commission recommended approval of Application No. 84014, subject to seven conditions which the Planning Director reviewed for Council members. He then noted that a public hearing on the application has been said for this evening and that notices had been sent and the applicant is present. i 'j Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 84014. 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. I There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Application No. 84014. 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 and seconded by Councilmember Lhotka to approve Application No. 84014, subject to the following conditions 1. The special use permit is issued to the applicant as operator and is nontransferable. I 2. The permit is subject to all applicable codes, ordinances, and regulations and any violations thereof shall be grounds for revocation. i 3. Classes shall be at least one half hour apart on weekday evenings and shall conclude not later than 8:30 P.M. I i j 6 -11 -84 -8- i 4. Class size shall be limited to no more than 10 students at a time. 5. All work recommended in the Building Official's report shall be completed prior to the issuance of the special use permit. 6. On- street parking shall be limited to the area in front of the applicant's residence and on the east side of the street. 7. Special use permit approval acknowledges group instruction in the area of dance and baton twirling. Classes in other subjects are not acknowledged. 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 8:35 p.m. and reconvened at 8:50 p.m. PUB HEARING REGARDING CONTESTED COMPLIANCE ORDER INVOLVING CHIPPEWA PARK APARTMENTS The Director of Planning & Inspection reviewed for Council members his memorandum to the Housing Commission dated May 24, 1984. The subject of the memorandum was the appeal of the Housing Maintenance Compliance Order by Chippewa Park Apartments. He noted the appeal addressed four points, and explained that the only point different from the appeal on May 21 was the fourth point which alleged that the faulty fire doors were not a violation of Section 12 -709 of the Housing Maintenance and Occupancy Ordinance. He explained the appellant cited a portion of Section 12 -709 regarding "facilities to function" and contended that the term facility was not defined in the ordinance. He added the appellant maintains that fire doors are not facilities within the meaning of Section 12 -709 or if they are intended to be facilities, Section 12 -709 is void for vagueness Mayor Nyquist recognized Mir. Paul Steffenson, a representative of the applicant. Mr. Steffenson explained that the compliance orders have been complied with and emphasized that the appeal is part of a larger problem with the City that is being worked out at the present time. The Director of Planning & Inspection reviewed for Council members the Housing Commission Resolution No. 84 -02, a Resolution Recommending Disposition of an Appeal of a Housing Maintenance Compliance Order given Chippewa Park Apartments. The Council discussed the appeal process and Councilmember Hawes expressed a concern that the City may be held liable for injuries related to noncompliance due to the extension of the waiting period in effect during an appeal. The City Attorney replied that at this point in time the City would not be held liable. He pointed out that the policy of the courts is likely to change in the next ten years. He explained the City can also get relief for correcting problems related to violations of the Housing Maintenance Ordinance through the courts. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding a contested compliance order involving Chippewa Park Apartments. Mayor Nyquist recognized Mr. Paul Steffenson, representing Chippewa Park 6 -11 -8 -9- i i a i Apartments. Mr. Steffenson explained that when the appeal was filed the appellant was told that the time for the correction of the violations was suspended. He again emphasized the fact that the appeal is part of a larger problem with the City and that j it is currently being worked out. Councilmember Theis questioned that, if the compliance order involves a life safety issue, can the City then deny suspension of time for complying with the order resulting from the appeal process. The City Attorney stated that he would have to r do further research before he could definitely answer the question. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one else 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 regarding the contested compliance order involving Chippewa Park Apartments. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed j unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to affirm the findings and recommendations of the Housing Commission contained in g g j Resolution No. 84 -02, a Resolution Recommending Disposition of an Appeal of a Housing Maintenance Compliance Order given Chippewa Park Apartments. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCES AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE IN THE CITY OF BROOKLYN CENTER The City Manager explained that the City has obtained one signature on the purchase agreement for the property and the other required signature will be obtained tomorrow morning. He added the staff is recommending passage of the ordinance. f Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Authorizing the Conveyance of Real Estate in the City of Brooklyn Center. 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 Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Authorizing the Conveyance of Neal Estate in the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 'j ORDINANCE NO. 84 -06 Member Celia Scott introduced the following resolution and moved its adoption: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing; resolution and duly seconded by member i Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof f I: 6 -11 -84 -10- ,j I Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. A ORDIN REPEALING CHAPTER 8 OF THE CITY ORDINANCES RELATING TO FOOD SANITATION AND ADOPTING A NEW FOOD SANITATION CODE The City Manager explained that the ordinance recommended for a first reading this evening would adopt the Hennepin County Food Sanitation Code. He explained the adoption of the Hennepin County Code is an effort to standardize the food sanitation requirements for Hennepin County communities. He added that the Hennepin County Code also contains many technical sanitation standards which are recognized as acceptable standards for the industry. He added that the standardization of the food sanitation code is particularly important since the City shares its sanitarian with the cities of Crystal and Brooklyn Park, and it is simply a better policy for both the restaurants and the City to have a consistent standard. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Repealing Chapter 8 of the City Ordinances Relating, to Food Sanitation and adopting a new food sanitation code and to set a public hearing on the ordinance for July 9, 1984 at 8 :00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. GAMBLIN LICENSE FOR KNIGHTS OF COLUMBUS, COUNCIL 6772 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve a Class B gambling license for Knights of Columbus, Council 6772. 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 and seconded by Councilmember Hawes to waive the $10,000 fidelity bond for the Class B gambling license for Knights of Columbus, Council 6772. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 84 -95 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING A PUBLIC HEARING THEREON 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -96 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING JUNE AS ALTERNATIVES TO LITIGATION MONTH The motion for the adoption of the foregoing resolution was duly seconded by member 6- 1.1 -84 -11- 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. 1 ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Scott to adjourn the meeting. Voting in-favor: Mayor Nyquist, Councilmembers Lhotka, 1 Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:25 p.m. ZL i � puty City Clerk Mayor C j I i I . i k i l F I I f I t" ' I I k i • e 6 -11 -84 -12_