HomeMy WebLinkAbout1983 11-21 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER Y TIE COUNTY
' * OF„ HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
NOVEMBER 21, 1983
CITY' HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by
Mayor Dean Nyquist at 7:04 p.m.
ROLL CALL
or 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
hie invocation was offered by Pastor Guderian of the Harron United Methodist Church.
OPEN FORUM
Mayor TTyquist - recognized Pastor John Peterson, of the Lutheran Church of the DIBster
in Brooklyn Center, who spoke about the Planned Parenthood Clinic proposed for the
Northport Shopping Center`: He noted that his information indicated that the clinic
will be doing abortion counseling. He stated he was at the Council meeting this
evening to register a protest regarding the services of Planned Parenthood within
the community. He focused on several points regarding the proposed clinic, and
stated that the Planned Parenthood track record indicates that they will be doing
abortion counseling. He stated that he was opposed to abortions for the sake of
convenience. He also stated that he was not opposed to sexuality teaching if it is
taught with regard to the Judeo - Christian ethic. He also stated he was not opposed
to contraception but did not want to see them passed out "willy- nilly ".
Rev. Peterson concluded his remarks by stating that he understands that the City has
no authority to deny the permit to the Planned Parenthood Clinic but that he wanted
to go on record in opposition to the clinic.
The City tanager stated that building permits were the only permits required by the
clinic, and that the City has treated the clinic as a medical facility as it is
required to do under ordinance. He added that there is no requirement for review of
the permits by the Planning Commission or City.Couneil.
In response to a .request for legal information from the City Attorney, the City
Attorney replied that he does not think the City can use the zoning ordinance or
other police powers to regulate an enterprise, such as the Planned Parenthood
Clinic, which is protected constitutionally by the courts.
CONST1 AGFITIDA
Mayor 1yqu st inquired whether any Council members desired any items removed from
the Consent Agenda. Councilmember Theis requested that item 7f be removed from the
Consent Agenda, and Councilmember Ihotka requested items 7a, 7c, and the licenses be
removed.
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RESOLUTI0tTs
RESOLUTIM 83-177
Member Gene hh - Tla introduced the following resolution and moved its adoption:
RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A TAX INCMMTT FINANCING
AGREII= FOR THE BRUTGER PROPOSAL HOUSING DEVELOPPMT PROJECT IN THE CITY OF
BROOKLYN CENTER
Y
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 - REGULAR SESSION NOWT1BER 7, 1983
The City Attorney noted a correction in the 17 ovember. 7, 1; 983 minutes, and requested
that the approval of the minutes be deferred until the next regularly scheduled
Council meeting. Mayor Nyquist stated that the November 7, 1983 minutes would be
held over until the next Council meeting.
APPROVAL OF MINUTES -- SPECIAL SESSION, NOVEMBER 8, 1983
These was a motion by Councilmember Scott and seconded by Councilmember Theis to
approve the minutes of the special City Council meeting of November 8, 1983 as
submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and
Theis. Voting against: none. The motion passed. Councilmember Lhotka
abstained from the vote as he was not present at the November 8, 1983 meeting.
APPROVAL OF MINUTES SPECIAL SESSION, SEPTEMBER 19, 1983
These was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve the minutes of the special City Council meeting of September 19, 1983 as
submitted. Voting in favors - Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes,
and Theis. Voting against:- none. The motion passed unanimously.
RESOLUTIONS (CONTINUED)
The City Manager introduced a Resolution Relating to a Project under the Minnesota
Municipal Industrial Development Act; Calling for a Public Hearing Thereon. He
explained that this resolution would call for a public hearing on an industrial
development revenue proposal from Brookdale Two Limited Partnership (Ryan
Construction) and that the project proposes Phase II of the Brookdale Corporate
Center. He noted Phase I is located at 6300 Shingle Creek Parkway. -
Councilmember Lhotka inquired as to the starting date for the project. Mr. Pat
Ryan, representing Ryan Construction, stated that the project would be started
within the next six months. He added that the phasing of the project is dependent on
the rental demand, and explained that the demand has increased over the past five
months pointing out that Phase I is currently 80% occuppied.
Councilmember Theis inquired as to the status of the previous IDR's in the City.
The Director of Finance explained that there has been only one problem and that was
Swensen's Carriage House. The City Manager explained that the Swensen's Carriage
House project was bought out by the Salvation Army to the apparent satisfaction of
the mortgagee.
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Councilmember Theis expressed a concern that the IDR bonds are out with the name of
B*ooklyn Center on them, and requested that the staff check on the status of current
s -ibR's in the City.
Mayor Nyquist recognized a representative of the applicant who stated that
Northwestern National Fife will be guaranteeing the bonds on the Ryan project, and
that he would hope to see a AA or AA+ rating on the bonds.
Councilmember Ihotka expressed opposition to the Industrial Development Revenue
Bond concept for financing projects and stated that he believes there are other ways
to finance such projects:
RESO LUTIO2I NO. 83-178
Member Fill introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO A PROJECT UNDER THE MINNESOTA MUNICIPAL, INDUSTRIAL
DEVELOPM1UTT`ACT; CALLING FOR 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 Ihotka, whereupon said resolution was declared duly passed
and adopted.
The City Manager introduced a Resolution Accepting Work Performed and Authorizing_
Payment for the Installation of Park Benches and Trash Receptacles. He explained
that the hours initially estimated for the installation of the benches and trash
receptacles were calculated incorrectly, and that the labor on the project exceeded
the cost which could be approved without Council approval. :Councilmember Lhotka
inquired whether the installation could have been done with in -house staff. The
City Manager explained that use of in -house staff was consciously avoided so as to
not take away from other maintenance in the City.
RESOLU ITO 83-179
Member Gene Ihotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING PAYMENT FOR THE INSTALLATION OF
PARK BENCHES AND TRASH RECEPTACLES
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' Ihotka, 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 Requesting the Metropolitan Council to
Approve an Extension of Time for the Formation of a Watershed Management
Organization within the Shingle Creek Watershed, and a Resolution Requesting the
Metropolitan Council to Approve an Extension of Time for the Formation of a
Watershed Fanagement Organization within the Upper Mississippi Watershed.
The Director of Public Works reviewed the request for extension of time for the
formation of the srra.tersheds, and explained that an interest exists in forming a
Joint Powers Agreement between the communities affected. He added that the problem
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in formation of the joint powers group is that the communities are disagreeing on
whether 'one" or two watershed districts should be formed. At the request of
Councilmember Theis, the Director of Public Works reviewed the boundaries of the
Upper Mississippi and Shingle Creek Watersheds. He explained that under a Joint
Powers Agreement members would be appointed by the local officials and under a
district members would be appointed by Hennepin County.
RESOLUTION NO. 83-1
Member Rich Theis introduced the following resolution and moved its adoption:
RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO APPROVE AN EXTENSION OF TIDIE FOR
THE FORMATION OF A WATERSHED MANAGEMENT ORGANIZATION WITHIN THE SHINGLE CREEK
WATERSHED
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 Ihotka, 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. 83-181
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO APPROVE AN EXTENSION OF TIME FOR
THE FORMATION OF A WATERSHED MANAGEMENT ORGANIZATION WITHIN THE UPPER MISSISSIPPI
WATERSHED
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 Ihhotka, 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. 83-182
Memb Rich'56is introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE PURCHASE OF ALL WHEEL DRIVE
SIDEWALK PLOW
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.
PLANNING COMMISSION ITEMS
PLANNING COD-ZlISSION APPLICATION NO. 83051 SUBMITTED BY NORMANDALE TENTTIS CLUBS,
77r. ST TPTM= MM =K TA i N MM CT
7. ACRE AREA OF LAPV THE S UTHEAST LORI 1ER OF - M71 ETT E AND AZF,IA AV7TM
PLANNING COMMISSION APPLICATION N0. 83052 SUP_MITTED BY V*ORP TFATI IS CLUBS,
INC. FOR PRELIMINARY PLAT APPROVAL TO COTTIIE INTO A SINGLE PARCEL THE 7.4 ACRE AREA
OF AND AT T U FAST CORNER F �� 1IW AV E
4
7he-Tixector of 1Fann ng In ion presented and reviewf5 -- cil membevy'
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pages 1 through 4 of the November, 10, 1983 Planning Commission meeting minutes and
also the Planning Commission information sheets prepared for Application Nos. 83051
and 83052. He proceeded to review the location of the proposed racket and swim
club, and noted that it would be -a special use in the C2 zoning district. He
explained the application was tabled by the Planning Commission at its October 20,
1983 meeting to allow further review of parking associated with the project. He
noted that An Ordinance Amending Chapter 35 of the City Ordinances to Provide a
Parking Requirement for Racket and Swim Clubs is also presented in conjunction with
the applications.
The Director of Planning reviewed the various features of the facility, including
tennis courts, swimming pool, and racket ball courts. He then reviewed the site and
building plan proposed with the application and also the proposed landscaping plan .
With regard to parking requirements, the Planning Director noted the current
ordinance` requirement would require 440 parking stalls. He pointed out that the
applicant has proposed 240 stalls based on past experience with similar operations .
He added that the formula provides 9 parking stalls per tennis court. He then
reviewed the staff recommendation for parking requirements which would provide 20
stalls for the first 1,000 square feet of floor space and one space for every 300
square feet of floor space thereafter. He also noted that 2 additional spaces for
each outside tennis court would be required for a- total of 335 parking spaces.
The Director Planning & Inspection proceeded to review the preliminary plat
submitted by the applicant, and also discussed the various possible plans of MN /DOT
with regard to upgrading of T.H. 100 in the area. He added that there are no plans
that seem likely to be implemented in the near future.
He explained the Planning Commission recommended approval of the preliminary plat
proposed by the applicant at its November 10, 1983 meeting. He then reviewed the
conditions of approval recommended by the Planning Commission for Application Nos.
83051 and 83052. He then reviewed the Planning Commission's recommendations for
approval of the proposed ordinance amendment regarding parking. He explained that
public hearings are required for Application Nos. 83051 and 83052 and that the
proper notices regarding these hearings had been sent. Councilmember Scott
commented that there was a sidewalk easement along lakebreeze Avenue, and she had
noted heavy pedestrian traffic in this area in the past. The Director of Public
Works noted that he is not positive there is a sidewalk easement in the area but there
is adequate right -of -way for a sidewalk. Councilmember Scott inquired whether
there Vras any accommodation' made for pedestrian and vehicular traffic circulation
between the proposed racket club and Denny's parking lot. She added that she would
like to see a pedestrian path linking to these two facilities. She then inquired as
to the elevation of the tennis courts with regard to the surrounding neighborhood.
The Director of Planning & Inspection replied that the tennis courts were at a lower
elevation than the surrounding neighborhood.
Councilmember Scott commented on the problem with regard to MN /DOT's uncertain
plans for T.H. 100. She expressed a concern for maintenance of an access to France
Avenue -if the Indiana access is closed off. The Director of Planning & Inspection
commented that if the Indiana access is closed off for T.H. 100 upgrading it would
probablyT .require the acquisition of the Denny's property. He added that he
believes there is a possibility to have a frontage road following an interchange if
T.H. 100 is brought up to full freeway status. He noted the impression from MN /DOT
is that they would not close Indiana unless some connecting link is put in place.
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Councilmember Theis commented that by putting deferred parking in ramps the City may
lose the advantage of additional green areas. The Director of Planning &'
Inspection stated that he agreed with this observation, and pointed out that the
ramp is another way of providing parking. He noted that there is nothing in the City
ordinance currently prohibiting parking ramps and as land becomes more scarce the
City may see more of these types of alternatives in the future.
Councilmember Hawes expressed a concern over the pedestrian traffic between
Denny's, and added that he believes a path between the two facilities would
encourage parking in Denny's for people using the racket and swim club facility. He
added that he also does not believe that Indiana would be closed especially with
regard to its importance to Robbinsdale.
The City Manager noted that one of the problems in the T.H. 100 upgrading is that
MN /DOT does not have any firm plans for the area.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning
Commission Application No. 83051, and inquired if there was anyone present who
wished to speak at the public hearing. No one appeared to speak but Councilmember
Scott requested the architect to review the renderings for the Council. Mr. Alan
Kimpell, Architect for the project, reviewed the architectural renderings prepared
for the project.
Mayor Nyquist again asked if anyone wished to speak at the public hearing. No one
appeared to speak and he entertained a motion to close the public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Theis to
close the public hearing on Application No. 83051. Voting in favor: Mayor
Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none.
The motion passed unanimously.
Councilmember Ihotka asked Mr. Kimpell what type of exterior the building would
have. Mr. Kimpell replied that the exterior would be face brick, glass block, and
metalized insulated panels on the upper urea.
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
approve Application No. 83051, 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.
3. A site performance agreement and supporting financial
guar antee (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.
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4. Any 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.
9._ The special use permit is subject to all applicable codes,
ordinances, and regulations and any violation thereof shall
be grounds for revocation.
10. Plan approval acknowledges proof -of- parking for at lea.st_95
additional stalls based on a formula of: 20 spaces for the
first 1,000 sq. ft. of floor area, plus one space per 300 sq .
ft. of additional floor area, plus two spaces for each
outside tennis court (this formula subject to adoption of a
Zoning Ordinance amendment by the City Council). Part or
all of these additional parking spaces shall be provided by
the construction of a parking ramp abave the west end of the
proposed parking lot. Said parking ramp shall be.
appropriately screened. The applicant shall enter into a
written agreement with the City to install this parking ramp
at the request of the City and this agreement shall be filed
with the property at Hennepin County.
11. Plan approval is contingent on adoption of the parking
formula in Condition No. 10 by ordinance amendment. No
building permits shall be issued prior to the effective date
of this ordinance.
12. The Developer shall be responsible for installing the
turnaround area at the end of Azelia Avenue including curb
and gutter in conjunction with the development of this plan.
13. Building permits shall not be issued until the plat
comprehended under Application No. 83052 has been given
final approval and filed with the County.
14• The applicant shall determine the feasibility of a
connecting sidewalk between the applicant's property and the
adjoining Denny's Restaurant property.
Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and
Theis. Voting against: none. The motion passed unanimously.
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Mayor Nyquist opened the meeting for the purpose of a public hearing on Application
No. 83052• 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.
There was a motion by Councilmember Ihotka and seconded by Councilmember Theis to
close the public hearing on Application No. 83052. Voting in favor: Mayor
Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none.
The motion passed unanimously.
There was a motion by Councilmember Ihotka and seconded by Councilmember Hawes to
approve Application No. 83052, subject to the following conditions.
1. The final plat is subject to review and approval by the City
Engineer.
2. The final plat is subject to the provisions of ,Chapter 15 of
the City Ordinances.
3. Hookup charges for water shall be paid in conjunction with
the ,platting of the property.
4. The agreement regarding installation of the parking ramp
shall be executed prior to final plat approval and filed
with
the County in conjunction with this plat.
Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and
Theis. Voting against: none. The motion passed unanimously.
AN ORDINA=F A.�"�"` DI.G CHAPTER 35 OF TEE CITY ORDINANCES TO PROVIDE A PARKING
REQU= T , _ _ CR R.A Cm.'IT AND SWIM UUBS
The Director of Planning & Inspection introduced the ordinance and noted that it was
proposed for a first reading this evening in conjunction with Planning Commission
Application 1.0s. 83051 and 83052.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve for first reading, An Ordinance Amending Chapter 35 of the City Ordinances
to Provide a Pa -king Requirement for Racket and Swim Clubs, and to set a public
hearing on the ordinance for the 19th day of December, 1 983, at 8:00 p.m.
RECESS
The Brooklyn Center City Council recessed at 8:35 p.m. and reconvened at 8:50 p.m.
ORDINANCES
AN' ORD _ ✓ VACATI1,TG A PORTION OF A DRAINAGE AND UTILITY EASEMFJITT ON LOT 18 AND LOT
19, BICCK r'�.=, E= GSTROY I S IYNSTDE i
THe i7 - rector o z l� is Works reviewed the ordinance and explained that it is offered
for a first - reading and provides for vacation of a portion of the easements at 6300
Perry Avenue and 4810 63rd Avenue upon which was constructed a garage for 6306 Perry
Avenue. He explained the ordinance is the final step in the exchange of land for
Brad K.metz under Planning Commission Application No'. 83053•
There was a motion by Councilmember Ihotka and seconded by Councilmember Hawes to
approve for first reading An Ordinance Vacating a Portion of a Utility and Drainage
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Easement on Lot 18 and Lot 1 Flock Three, Pergstrom's Lynside Yanor, and to set the
public hearing'for` the ordinance on December 19 at 8 :00 p.m. Voting in favor:
Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:
none. The motion passed unanimously=
AN ORDINAITCE AIIM DING CHAPTER. 11 OF THE CITY ORDINATICFS REGA.�10 IG LICL'OR
AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDEIG LIQUOR LICFTTSF
MS
fide - City Manager introduced the two ordinances regarding the City's liquor
ordinance and explained that the ordinances were first read on October 17, 1983,
published on October 27, 1983, and are offered for a second reading this evening.
He explained that a public hearing on the ordinance was held at the Povember 7, 1983
City Council meeting and was continued to this evening's meeting to allow time for
additional public input on the ordinances.
Mayor Nyquist invited additional public testimony on the ordinances, including the
amendment proposed at the November 7, 1983 City Council meeting, and also the
revisions proposed by the City Attorney's memorandum dated Iovember 2, 1983.
Mayor Nyquist recognized' Deborah Stinson, President of the Citizens for Better
Government, who thanked the Council for additional time to review the ordinance.
She then reported on the Citizens for Better Government meeting held on November 9,
s ussion focused on the food and liquor and explained that the di ratios c 9.
983
xP
contained in the ordinances. She then explained that the Citizens for Better
Government voted by majority to retain the 50/50 food and liquor ratio for
restaurants ` and to establish a 40% food requirement for establishments with
significant income from other items other than food and liquor. She added that the
Citizens for Better Government wants to assure that the liquor ordinance does the
best possible job for the City of Brooklyn Center.
Mayor Nyquist inquired as to the quorum requirements of the Citizens for Better
Government. Ms. Stinson replied that the quorum requirement is one - fourth of the
membership, and noted that a quorum did vote at the November 9, 1983 meeting.
Mayor Nyquist recognized Mr. Tom Stevens of T Wrights who inquired whether the
ordinance would apply to pizza restaurants and non bar restaurants. The City
Manager replied that the City can only issue licenses to a restaurant and that the
only two establishments that would fall under the revision are the two bowling
alleys in the City. Mr. Stevens then stated that T Wrights currently has a ratio of
31% liquor and 69% food, but he pointed out that the ordinance revision may be a
problem for other restaurants in the City.
Mayor Nyquist inquired if there was anyone else who wished to speak at the public
hearing. No one else appeared to speak and he entertained a motion to close the
public hearing.
There was a motion by Councilmember Ihotka and seconded by Councilmembe ^Hawes to
close the public hearing on An Ordinance Amending Chapter 11 of the City Ordinances
Regarding Liquor. Voting in favor: Mayor Nyquist, Councilmerbers 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
close the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances
11 -21 -83 - -9-
Regarding Liquor License Fees. 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 to Amend the Amendment to the Ordinance
Amending Chapter 11' of the City Ordinances Regarding Liquor, which was introduced at
the November 7, 1983 City Council meeting. Councilmember Theis' motion directed
the City Attorney to prepare alternate language for the ordinance which would
provide that a licensed establishment which derives -a significant part of its
revenue from sources other than liquor and food to be conducted in such a manner
that, of that part of the total business attributable to or derived from the serving
of food and intoxicating liquors, at least 40% of the business for a license year is
the serving of foods and also to require that a licensed .restaurant shall be
conducted in such a manner that at least 50% of the business for a license year is the
serving of foods. Councilmember Scott seconded Councilmember Theis' motion for
purposes of discussion.
Councilmember Hawes inquired whether the City should name specific types of
businesses in the ordinance. The City Attorney commented that this action may
create legal problems since, under the split liquor statute, the City can only
license restaurants and hotels. The City Attorney then inquired of Councilmember
Theis the number of categories there would be under the amendment on the table.
Councilmember Theis noted that the number of different classes of licenses would
remain at three as stipulated in the amendment introduced at the November 7, 1983
meeting. For example, he pointed out, a bowling alley would have the A, B, and C
license available to it but a restaurant would have available the A and B license
only. He added that a'hotel would then be entitled to qualify for either the A, B. or
C license.
Mayor Nyquist stated that he had problems with the amendment proposed by
Councilmember Theis and noted that the split liquor statute, under which the City
operates, provides that the City recognize only restaurants and hotels.
The City Attorney proceeded to review the split liquor statute, and noted that the
City is required to operate under the split liquor statute and that the statute
addresses only restaurants and hotels. He then reviewed the definition of a hotel
under the statute, and noted that the definition of a hotel includes a dining room.
He then noted that the definition of a restaurant under the statute is any
establishment other than a hotel with a single manager with appropriate facilities
for food and with an appropriate number of tables as designated by the City Council.
He then reviewed the rationale behind liquor license 'fees, and noted that liquor
license fees can serve to recover administrative costs incurred under the ordinance
and may also regulate the liquor industry. In Brooklyn Center, he pointed out, the
municipal purposes are to avoid establishments that serve only liquor and thereby
avoid problems associated with these types of establishments. He added that the
municipal purpose of the liquor ordinance has indicated that food is primary and
liquor is secondary. He also noted another municipal purpose for the liquor
ordinance which is to encourage establishments that give the City a sound tax base.
The City Attorney then proceeded to review the proposal for treating bowling alley
type establishments differently, and stated that it would be advisable to ask if
this is permitted, what goal is the* City pursuing. In other words, he pointed out,
what public good is the City attempting to create by this revision. He added that he
believes such a change would be vulnerable to charges of discrimination. An example, -
11 -21 -83 -lo-
he painted out, would be where a license would be revoked on a restaurant, that drops
below the 50/50 food and liquor ratio. He added that this is areal possibility.
He suggested that the City should address what goal is being pursued and why certain
establishments are being treated differently.
The City Yanager then entered into a brief discourse on what is a "significant"
source of income. He added that this would be difficult to administer at the staff
level and also on appeal to the City Council. Councilmember Theis commented that he
does not think the terms "significant" would be different from the ` interpretation
required in other City ordinances He explained that the .rationale for maintaining
the 50/50 ratio for restaurants would be that restaurants could be encouraged to
target a lower food /liquor ratio if the 60/40 ratio were permitted in restaurants.
He posed the question of whether the quality of restaurants in Brooklyn Center would
be reduced as a result. He added that he believes the 50/50 ratio has served the
City of Brooklyn Center well and that the City has good restaurants and that he would
want to see them continue.
Councilmember Ihotka stated that he would have a hard time going along with another
class of license, and added that the two establishments in Brooklyn Center have
spent considerable dollars to build restaurants with their bowling facilities. He
added that he has a problem with reducing the percentages for these types of
businesses, and that he believes the restaurant operation in the businesses is a
separate business from the other activities.
Councilmember Scott stated that she could not support granting liquor licenses to
bowling alleys that don't meet the percentage and ratio requirements under the
believes the bowling alleys .ordinance. She added that she � built the restaurants to
comply with the ordinance requirements. She stated that she could feel comfo rtable
in defending the ordinance that is on the table now.
Councilmember Hawes reviewed the discussion regarding the liquor ordinance at the
November g, 1983, Citizens for Fetter Government meeting, and expressed his support
for maintaining the ratio for restaurants at 5+0/50 and allowing a 60/40 ratio for
other types of establishments.
Mayor Nyquist commented that closely associated with the split liquor situation is
municipal liquor. He stated the original intent of having municipal liquor was
control but now the emphasis appears to be on profit. He pointed out that these two
goals may be inconsistent, and suggested it is something that the City should look
at, along with the differences in various establishments in the City. He suggested
creating a task force in Brooklyn Center to address these issues. He added that he
has a problem with the suggestions and ordinance on the table, as amended. He
suggested adopting the ordinance as originally proposed which would not prohibit
the work of a task force addressing the liquor ordinance. -
Councilmember Ihotka stated that he believes the changes in the percentages
presents a discrimination problem, and that he believes a task force approach is an
appropriate response.
The Council continued discussion_ of the liquor ordinance amendments, and
Councilmember Hawes stated that he would not be in favor of granting liquor licenses
to bowling alleys,, under the current ordinance, if they did: not meet the percentage
requirement. Mayor Nyquist stated that he is concerned that the amendments
proposed to the liquor ordinance that are on the table now may invite a lawsuit.
11 -21 -83 -11-
Councilmember Ihotka stated that he cannot see changing an ordinance simply to
accommodate an existing situation.
The City Manager stated that none of the changes proposed in the ordinance will not
necessarily eliminate the problems of revocation for falling below the percentage
requirements. -
Councilmember Ihotka commented that at the last meeting he had noted Mr. Jack Weber,
representing the Chamber of Commerce, stated that none of the license holders had
any problems with the ordinance revisions as proposed at that time. Councilmember
Theis commented that the ordinance on the table at the last meeting offered a 40%
ratio for food available for all license holders. He stated his concern was that if
the percentage requirement is lowered to 40% for restaurants they perhaps would be
targeting for a lower percentage of food sales. The City Manager stated that the
recent restaurants coming into the City have all been 60 to 65% food with the
exception of the bowling alleys. He added that the staff had .reviewed and examined
the discrimination problem, and did not want to put the Council in that position.
Councilmember Ihotka commented that he believed the 150 seat restaurant requirement
is a considerable cost and that it would maintain the quality of restaurants in
Brooklyn Center. He added that he believes the licenses of those not meeting the
ordinance requirements should be revoked.
After discussion by the Council regarding the amendments on the table, the City
Attorney noted that the first amendment introduced by the City Council was proposed
at the November 7, 1983 meeting, and included the Mayor's recommendation for a
revised schedule of license classes, the technical changes proposed in the City
Attorney's memorandum, dated November 2, 1983, the maintenance of the temporary on-
sale beer license at $10 rather than $25, and an effective date of January 1, 1985 for
the, on-sale intoxicating license fees. He noted that Councilmember Theis' motion
-would amend the classes to include language which would stipulate a different
requirement for establishments which have a significant part of their revenue from
sources other than liquor and food. He noted that Councilmember Theis' motion that
is on the floor now is an amendment to the amendment that was proposed at the November
7, 1983 meeting.
Mayor Nyquist called for a vote on the amendment, proposed by Councilmember Theis,
to the amendment that was introduced at the November 7, 1983 City Council meeting.
Voting in favor: Councilmembers Scott, Hawes, and Theis. Voting against: Mayor
Nyquist and Councilmember Ihotka. The motion passed.
Councilmember Ihotka introduced a motion to amend the fee schedule in the liquor
license ordinance to require that an A license cost $9,000, a B license cost $12,000,
and a C license cost $15,000-
Councilmember Ihotka withdrew his motion from the table.
Mayor Nyquist called for a vote on the amendment introduced at the November 7, 1983
City Council meeting as amended by the Council's preceeding amendment and to approve
the second reading of An Ordinance Amending Chapter 11 of the City Ordinances
11 -21 -83 -12-
Regarding Liquor as amended. Voting in favor: Councilmembers Scott, Hawes, and
Theis. Voting against: Mayor 11yquist and Councilmember Lhotka. The motion
°passed
There was a motion by Councilmember Theis and seconded by Councilmember Scott to
approve for second reading An Ordinance Amending Chapter 23 of the City Ordinances
Regarding. Liquor License Fees as amended by the preceeding amendments approved by
the City Council. Voting in favor: Councilmembers Scott, Hawes, and Theis.
Voting against: Mayor i�;yquist and Councilmember Ihotka. The motion passed.
AUTHORIZ TO ENTER INTO AN AGRID'fl_FNT FOR 1983 CITY AUDIT
There was a motion by Councilmember, hot a and seconded by C 67 Scott to
authorize the Mayor and City Manager to enter into an agreement with the firm of Moen
and Penttila, Ltd., Certified Public Accountants for the 1983 City Audit at a
guaranteed maximum cost of $17,900. Voting in favor: Mayor Nyquist,
Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The
motion passed unanimously.
DISCUSSION ITE !S
DOMESTIC ASST T INTERVENTION PROJECT
The City F"ianager introduced the next agenda item, and explained that the Brooklyn
Center Human Rights Commission has been working very closely with the ,Domestic
Assault Intervention Project currently underway in the City, and that the
Commission ha.s prepared a brochure describing the intervention project currently
operating in the City. He added that Jayne Kuhar, Chairperson of the Brooklyn
Center Human Rights Commission, is present this evening to address the Council.
Mayor Nyquist recognized Chairperson Kuhar who reported to the Council that the
Brooklyn Center Human Rights Commission has been working for several months on the
Domestic Assault Intervention Project and that their efforts have culminated in the
preparation of a brochure. She noted that the Commission's involvement began with
presentations from persons involved with the Duluth Project which was a similar
intervention project. She reviewed the domestic assault program currently
underway in Brooklyn Center and stressed its value to the City. She noted that the
Commission would like to print the brochure to present it to those who need to know
about the domestic assault program and facilities available to them. She added
that the goal of the Human Rights Commission is to link the victims with the
appropriate helping agencies. In light of the Commission's project, Chairperson
Kuhar requested that the Council authorize the expenditure of $200 for the printing
of the brochure. She noted that she worked with a person in Brooklyn Park on a
personal level and that Brooklyn Park lacked the facilities that Brooklyn Center had
as a result of the project. She added that she was able to use the Brooklyn Center
program to assist the individual in need of domestic assault services.
'Councilmember Hawes commented that there appears to be no reference in the brochure
to men as victims of domestic assault. Chairperson Kuhar noted that the statistics
indicate that women are the overwhelming majority of victims, and that currently the
facilities and services for domestic assault victims focus on women only.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
authorize the expenditure of $200 from the Council's Contingency Account. for the
printing of the.Domestic Assault Intervention brochure prepared by the Human Rights
11 -21 -83 -13-
Commission. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott,
Hawes, and Theis. Voting against: none. The motion passed unanimously._ -
NONINTOXICATING LIQUOR LICENSE FOR PIZZA PALACE, 5001 DRTFV AVFNUE NORTH
The City Manager noted that the staff is recommending approval of the
nonintoxicating liquor license for the Pizza Palace.
There was a motion by Councilmember Theis and seconded by Councilmember Hawes to
approve the nonintoxicating liquor license for the Pizza Palace, 5001 Drew Avenue
North. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and
Theis. Voting against: none. The motion passed unanimously.
LICMTSES
Councilmember Lhotka stated that he requested the licenses removed from the Consent
Agenda to discuss the rental license for Mr. Joe Hamm. Councilmember Ihotka
referred to the Director of _Planning & Inspection's memorandum regarding the
telephone conversation between the Planning Director and Mr. Hamm on October 19,
1983, and inquired whether he thought Mr. Hamm would comply with request for written
acknowledgment confirming Mr. Hamm's understanding that the site and building plan
approved by the City Council for 4010 65th Avenue North was for a three unit
apartment complex only._ In response to Councilmember Lhotka's inquiry, the
Director of Planning & Inspection stated that he does not think that Mr. Hamm will
acknowledge this fact in writing as requested. Councilmember Lhotka then
expressed a concern that no response was received from Mr. Hamm regarding this
acknowledgement. There was a general consensus among Councilmembers of
displeasure at the actions of M.r. Hamm and also. with regard to his actions during the
telephone conversation he had with the Planning Director on October 19, 1983.
The City Manager recommended to the City Council that they pass the rental dwelling
license for Mr. Hamm, but enter into the official record of the Council meeting the
Council's acknowledgement of the communication between Mr. Hamm and Mr. Warren, and
the Council's displeasure at Mr. Hamm's failure to acknowledge in writing that his
subdivision would allow only three residential dwelling units.
AMTJSEl DEVICE - OPERATOR
Pizza Palace 5001 Drew Ave. N.
AMUSEMENT DEVICE VENDOR
Northern Coin Machine 1481 Marshall Ave.
CHRISTMAS TREE SALES LOT
Twin Cities Youth for Christ 5701 Xerxes Ave. N.
FOOD ESTABLISBFMT LICENSE
Canteen Corp. of PFN 6300 Penn Ave. S.
Medtronics 6860 Shingle Cr. Pkwy.
ITINERANT FOOD ESTABLISHMENT LICENSE
B.C. Youth Football 6400 Brooklyn Blvd.
11 -21 -83 -14-
MYCHANICAL SYSTEMS LICTNS?'
Lloyd Is Meet dal 6659' Vicksburg In.
Plsple Grove Heating & Air Cond. 240 Central Ave.
NONINTOX LIQUOR LICENSE
Pizza palace 5001 Drew Ave. N.
NONPERISHABLE VENDING MACHINE LICENSE
Coca Cala Bottling Midwest 1189 Eagan Ind. Rd.
Mentor.Corp. 2700 freeway Blvd.
RENTAL DWELLING LICENSE
Initial•
Anna May Turnacliff 6507 Ewing Ave. N.
Karen Duenow .
6824 Ewing Ave. ve
Norbert & Dolores Volbert 4207 Lakeside Ave. #122
Patrick & Susan Mooney 4735 Lakeview Ave. N.
Alec & Barbara Parkin 7200 Perry Court E.
Tim & Teresa eresa Uzzell 04 1 E. Twin Lk. Blvd.
5
William Pucel 6908-12 Unity AVe. N.
T. W. Thorbus 4300 63rd Ave. N.
Joe Hamm 4010 65th Ave. N.
Renewal:
Peter & Lillian Ulmaniec 5906 Colfax Ave. N.
Gerald D. Abraham 5125 Ewing Ave. N.
Clifford Lane & Dorothy Ernst 6927 June Ave. N.
J. G. Strand 5329 Penn Ave. N.
Carin Lee Rudolph 5318 Queen Ave. N.
Gene & Anna Gullord 5337, 39 Queen Ave. N.
Harold &'Ho'ward Swanson 7240 W. River Road
William Kirby 5006 Zenith Ave. N.
Thomas & Bill Howe 3112 49th, Ave. N.
David Larson 1313 57th Ave. N.
J. J. Barnett 2910, 14, 18, 22 68th In.
Janice Van DenBerg 4406 71st Ave. N.
SIGN HANGERS LICENSE
Macey Sign Co. 4111 Central Avenue
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to
approve the licenses, including the .rental dwelling license for Mr. Joe Hamm for
4010 65th Avenue North, and to direct the City staff to send a copy of the minutes to
Mr. Hamm acknowledging the Council's displeasure at Mr. Hamm mIs failure to 'provide
the requested acknowledgement, and also regarding his actions during the telephone
conversation held between himself and Mr. Warren on October 19, 1983. Voting in
I1-22 -83 -25
favor: Mayor Nyquist Councilmembers Ihotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
ADJOUI M T
ere was a motion by Councilmember I,hotka and seconded by Councilmember, Theis to
adjourn the meeting. Voting in favor: Mayor T�vquist, Councilmembers Lhotka,
Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.
The Brooklyn Center City Council adjourned at 10 :95 p.m.
Clerk - Mayor
J ,
11 -21 -83 16