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HomeMy WebLinkAbout1983 10-17 CCM Regular Session MINUTES OF THE PROC 1 `INGS OF TILE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HE iNEPIN APID THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 17, 1983 CITY H ALL CAL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:07 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Ihotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, Chief of Police James Lindsay, Administrative Aide Barbara Pietrzak, and Administrative Assistants Brad Hoffman and Tom Bublitz. INGrOCATION The invocation was offered by Councilmember Lhotka. OPEP, 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 proceeded with the .regular agenda items. APPROVAL OF MINUTF� - SEPTEMBER 26, 1983 There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the minutes of the City Council meeting of September 26, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAL PLAT - SAND ERICKSON ADDITION (SUBDIVISION OF A RESIDENTIAL LOT ALONG THE 5400 P7 OF :BRYANT AVFIAUE NORTH ) PLPJ COMMISSION APPLICATION NO. 83032 There was ' s a motion by Counczlmember Theis and seconded by Councilmember Scott to approve the final plat of the Sander- Erickson Addition contingent upon .receipt and approval of the Abstract of Title by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPOI OF STANDBY ELECTION JUDGE Them was a motion b ouncilmembeo �'Feis and seconded by Councilmember Scott to approve the ap of PZarion Alford as a stand election judge for the 1 8 p� Y J g 9 3 municipal election. Voting in favor: Playor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RFSOLUTIONS 7'17M NO. 83 - 160 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF THE CITY OF BROOKLYN CENTER, MINNESOTA, COLLATERALIZED P iULTIFAI�IILY HOUSING EF VLNUE BOTIDS (BROORIA OOD MWTOR PROJECT) , IN THE AGGRFCTATE PRINCIPAL XICUNT NOT TO EXCEED $2,223,000, WilICH BONDS AND THE INTERREST AND PRrTTiUM TffffiEON SHALL RE PAYABLE SOIzrlY FROM 'THE REVTWJES DERIVED FROM THE 10 -17 -83 -1- LENDI,R LOAN AGREITItENT; PRESCRIBING THE FORA? OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LIM.ER LOAN AGRIT]MENT, A COLLATERAL AGREEMENT, AND A REGULATORY AGREEMENT; AUTHORIZRG THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE CONTRACT OF PURCHASE IN COT N1'CTION WITH THE BONDS; CONSZTITING TO THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FORM OF FINAL OFFICIAL STATEC ENT AND PROVIDING FOR THE SECURITIES, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REV1;j BONDS 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. 83 -161 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 30- NOVTT1BER 4 AS "CHEMICAL" PEOPLE k2'EK 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. LICENSES There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Bridgeman's Brookdale Center Bridgeman's 6201 Brooklyn Blvd. Korean Presbryterian Church 6830 Quail Ave. N. Pizza Palace 5001 Drew Ave. N. Wes' Standard 6044 Brooklyn Blvd. Ml C, TICAL SYSTEM'S LICENSE Northland Mechanical Contractors 7150 Madison Ave. W. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola. Mottling Midwest 1189 Eagan Ind. Rd. Green Mill 5540 Brooklyn Blvd. PRIVATE MINEL LICENSE Jesse Sandoval 5548 Logan Ave. N. RENTAL DWELLING LICENSE Initial: Willow Lane Realty 7015 -7021 Brooklyn Blvd. Roger B. Reger 5001 Ewing Ave. N. 10 -17 -83 -2- Gerald L. Ratliff 5525 James Ave. N. Gary & Vi.kki Linder 5715 Knox Ave. N. Terry & Jeanne Carlson 4201 Lakeside Ave. N. x/109 Jerome & Katherine Fisher 4700 -4704 Lakeview Ave. N. Robert C. Slind 5312 Morgan Ave. N. Jacques R. Loth 3000 Thurber Road Michael M. Schmidt 6813 Toldeo Ave. N. Julie & Sharon Haugen 4806 Twin Lake Ave. Larry Garman 7027 West River Rd. L. A. & Jean Beisner 2816 67th In. J. J. Barnett 2926 68th In. J. J. Barnett 2930 68th In. J. J. Barnett 2.934 68th In. J. J. Barnett 2938 68th In. Renewal: Donald P. Foster. 5100 Brooklyn Blvd. Real Five Investments 6501 Brooklyn Blvd. Wilfird &Lillian Hollenbeck 5406 Bryant Ave. N. Ralph C. Johnson 5440, 44 Bryant Ave. N. George Shimsh.ock 5900 Colfax Ave. N. Paul Wilson & Brian Anderson 5100 Drew Ave. N. Dale C. Wegner 5935 Dupont Ave. N. Rafael Rocha 5324, 26 James Ave. N. Michael R: Fberle 4207 Lakeside Ave. N. #226 Harry & Sally Petersen 7120 Logan Ave. N. Jeff &. Patti Stewart 5547 Lyndale Ave. N. Roger N. Eye 5332 Morgan Ave. N. Marilyn. Dietrich & T. Schultz 6831 Toledo Ave. N. Joon K. Kim 3616 Violet Ave. N. 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 Awarding the Sale of $930,000 Tax Increment Bonds of 1983 Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. The City Manager explained this resolution was not available to send out with the agenda packet and was a handout this evening. He explained the bonds were the tax increment bonds for the senior housing project. Ile then introduced Mr. Bob Poulscher of Springsted, Incorporated who proceeded to review the bids received on the tax increment financing bonds. He explained that the low bidder was Norwest Securities and that the interest rate bid by them was 8.3956. He also noted that the .registrar for the bonds is the First Bank of Minneapolis, and he also pointed out that this is the first .registered issue of the City under the new law requiring .registration of bonds. Mr. Poulscher proceeded to review the duties of the .registrar of the bonds which included keeping the records on the bonds, including such items as any turnover in the ownership of the bonds. He also noted that the Council's decision to use the City's utility fund for interim financing saved approximately $75,000 to $100,000 in bonding costs. R.r:SOLU ION NO. 83 -162 Member Rich Theis introduced the following resolution and moved its adoption: 10- 17-83 -3- RESOLUTION AWARDING THE SALE OF $930,000 TAX INCRfT1ENT BOARS OF 1983 FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXI.'CUTION AND DELIVFRY; AND PROVIDING FOR THEIR PAYMENT 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 Accepting Bids and Awarding Contract for the Brooklyn Center Solar Demonstration Project. He explained the Solar Demonstration Project is part of the City's Community Development Block Grant Program. Councilmember Theis requested the staff to elaborate on the .record keeping that would be done on the project. Administrative Assistant Hoffman noted that the City has a record of past utility consumption for the homes participating in - the project, and there is also an agreement for access to these .records for the next three years after the completion of the project. He explained that the access to records includes utility consumption and also life -style records in the event that any significant changes are made in the life -style of the .residents which would affect energy consumption. RESOLUTION NO. 83 -163 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE BROONI,YN CENTER SOLAR DEMONSTRATION PROJECT 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. ORDINANCES Al MUINMCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR AN ORDIN A1 CHAPTER 23 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE 'Fie - City Manager noted that the ordinance amending Chapter. 11 comprehends several amendments to the City's liquor ordinance, including the creation of additional classification of liquor licenses, and that the ordinance amending Chapter 23 changes the liquor license fee schedule as stipulated in the ordinance amending Chapter 11 . He noted that the ordinance amendments were discussed at a number of meetings with representatives from the Chamber of Commerce whose members are present this evening. He explained that rather than amend the ordinance in a piece - meal fashion a staff decision was made to redraft the entire liquor ordinance. He explained that the basic intent of the liquor ordinance originally was to achieve a high quality of development with regard to liquor establishments and to avoid the "corner bar" problem. He added that he believes the old ordinance met there goals, 10 -17 -83 -4- and that he also believes the new ordinance will continue to meet these requirements. He then reviewed -the various classifications of liquor licenses proposed in the new ordinance. He added that the 150 seat requirement for the restaurant portion of liquor establishments was maintained in the .revised ordinance. Councilmember Hawes inquired as to how new applications for liquor licenses will be addressed. The City Manager explained under the ordinance proposed new applications would obtain a Class B license, and after one year's experience the classification could change based on the experience evaluation of the establishment. Councilmember Theis addressed the situation of what would occur if an establishment changes hands over the course of a year. The City Manager stated that he would review this policy in more detail before the second reading of the ordinance, but he believed that the new owner would probably "buy the history" of the past owners for a certain period of time. Councilmember Theis expressed a concern over the possibility that a business may change owners simply to achieve a lower license category. The City Manager explained that the investigation of the liquor license is in itself expensive and that he believed this would discourage this type of behavior. Council discussion continued .regarding investigation of liquor licenses, and in reponse to a question from the Council, the City Attorney pointed out that currently the court has upheld the concept that aliens cannot be denied a liquor license simply because they are aliens. However, he pointed out, if an alien could not be investigated due to some circumstance, such as inability to obtain records, then g Y that part of the ordinance would be upheld and the license could be denied on that basis. He added that the Council would have to decide whether they agree with the City Manager if he recommends a denial of a liquor license because the investigation of the applicant was not practical. The City Manager proceeded to review the process by which ordinances are enacted, including the first .reading, second .reading, and publication .requirements for ordinances. AWARD P RFSF11TATION FOR LOGO CONTEST Mayor ivyquist stated that he would like to turn to another item and noted that he had promised Mrs. Barbara Jensen that the Mediation Center could present its award this evening to the winner of the logo contest held by the Mediation Center. Mrs. Jensen explained that over the period of the past several months the Brooklyn Center mediation program has been up and running in the City. She noted that a contest was held to find a. logo for the Mediation Center and that the winning entry was submitted by Mr. Michael Goebel. Mr. David. Anderson of Anderson & Strand law offices presented. Mr. Michael Goebel the first prize in the Brooklyn Center logo contest. The City Council returned to its discussion of the proposed liquor ordinance. The Citir Manager pointed out that on page four of the proposed ordinance Section 11 .05, Subdivision 4 should be changed to read "shall cause to be investigated" . Also, he pointed out, that on page 23 of the proposed ordinance in paragraph c, under no. 6, the references to 15 years and 10 years in that paragraph should be changed to three years. Ile added that this change should also be made on page 17 and pointed out that 10 -17 -83 -5- this would keep the ordinance in line with state law; however, he pointed out, the 10 year and 15 year period could be kept under the ordinance. Councilmember Theis stated that he would be in concurrence with changing the period to three years. Mayor Nyquist pointed out that on the bottom of page 13 of the proposed ordinance, it is stated that no more than 10 such licenses shall be issued during any one calendar year, and inquired whether this meant 10 per year for the entire City or 10 per licensee. The City Attorney stated that wording in the statute indicates 10 per City but that this may be changed at the next legislative session since it will likely create problems. He added that the intent of the law may have been 10 per licensee. The Chief of Police James Lindsay stated that he believes the Liquor Control Commission's interpretation of this section of the law is that it allows 10 per licensee. Mayor Nyquist stated that he would like to entertain comments from the audience at this point. Mayor Nyquist recognized Mr. Jack Weber, Treasurer of the Brooklyn Center Chamber of Commerce. Mr. Weber stated that Chamber members have met numerous times with, the City representatives to discuss the proposed revisions in the liquor ordinance. He stated that the Chamber members support the ordinance intent regarding neighborhood bars. He then referred Council members to a resolution of the Chamber and pointed out that the .resolution of the Chamber includes alrecommendation for a $750,000 minimum cost, including land, for a food with liquor facility. He also noted that the resolution comprehends continuation of the 150 seat minimum capacity for a .restaurant. He then referred Council members to the various liquor classes and license fees proposed in the Chamber's resolution. He noted that there was a strong recommendation from the Chamber to maintain the liquor license at $10,000 for facilities meeting the 50/50 .ratio. He then referred Council members to a survey of 19 cities and noted there is only one City in the survey with a $10,000 license and many cities below this amount. He added that 10 of the cities surveyed have nothing in their ordinance regarding .ratios and those that do generally have a 60/40 liquor and food split. In response to Mr. Weber Is comments, Mayor Nyquist stated that he has a problem with the $750,000 amount being included in the ordinance since a fixed dollar amount tends to become obsolete. Mayor Nyquist then recognized Mr. Howard Heck. Mr. Heck stated that he believed the intent of the split liquor bill passed in 1 was to have a restrictive ordinance in Brooklyn Center to promote quality establishments as opposed to the "corner bar ". He added that the proposed ordinance appears to keep the ordinance on the restrictive side compared to other cities. Ile pointed out that the 50/50 ratio was the most .restrictive at the time the split liquor bill was passed and that the $10,000 license fee was also the highest in the area at that time. He concluded his remarks by stating that he was happy to see the restrictive ordinance continued, grid that the ordinance amendment appears to be a. "fine tuning" of the original ordinance as opposed to a radical change. The Council members continued to discuss the proposed revision - to the City's liquor ordinance and Mayor Nyquist suggested a possible revision for the various license classifications. - The Mayor's proposal included the following categories: 10 -17 -83 -6- 40-45; food, $20,000 license fee 45 -50s food, $16,000 license fee 50 -65% food, $11,000 license fee 65-80, _food, $8,000 license fee above 80 food, $6,000 license fee The City Manager stated that he would review both the Mayor's proposal and the Chamber's proposal with regard to projected revenues for liquor licenses. He added that the schedule could be changed at the second reading. Councilmember Theis stated that, in light of the inflation occurring since the original ordinance, he does not feel that a $12,000 licensee fee is an excessive increase. The City 111anager stated that he would review the various license fee classifications with regard to projected revenue and return to the Council in a couple of weeks with the information. Councilmember Theis inquired whether there was any flexibility built into the new ordinance with regard to new business experience for less than one year. The City Attorney stated that the dollar amount could not be adjusted since the statute does not permit it. He added that it is generally a judgment call with regard to establishment of an experience. He added that the City Manager could look at the data. available with regard to license holders and recommend that a certain time period is sufficient for establishment of experience. He added that the City Manager would make the recommendation to the Council and that the Council would make a ju(1,:ent based on this .recommendation. Councilmember Theis stated that he would like to see some flexibility for the Council with regard to the establishment of the ratio. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor and to establish a public hearing on the ordinance for November 7 at 8:00 p.m. during the regularly scheduled City Council meeting. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve for first .reading An Ordinance Amending Chapter 23 of the City Ordinances Regarding Liquor License Fees and to set a public hearing for the ordinance on November 7, 1983 at 8:00 p.m. during the regularly scheduled City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, -and Theis. Voting against: none. The motion passed unanimously. CITY HALL FOILFR REPAIR The City Manager .referred Council members to a memorandum from the Director of Public Works regarding the cost of boiler repair for the City Hall boiler. He noted that the first boiler was repaired, pressure tested, and placed in operation at a cost of just under $2,000. He explained further, the company that repaired the first boiler proposes to repair the second boiler at a cost not to exceed $3,370. He .reviewed the reasons for the higher cost which are that the boiler has greater damage to the insulation and casing panels than the first boiler, and that the quote also includes furnishing six new tubes for the boiler. He explained that adequate funds are available in the 1 c)83 Government buildings budget and that $5, 900 was budgeted for the boiler element replacement. 10 -17 -83 -7- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the expenditure of funds from the 1 983 Government Buildings budget not to exceed $3,370 for the repair of the boiler in City hall. Voting in favor: DTayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURI�IKENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers hhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:20 p.m. erk M 10 -17 -83 -8-