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Home My WebLink About1983 12-05 CCM Regular Session MINUTES OF THE PROCEI!'DDZS OF THE CITY COUNCIL OF `.l'HE CITY OI' BROOKLYN CENTER IN THE COU14TY OF HENNEPIN AND THE STATE OF MINNnOTA RFf,ULAR SESSION DECEMBLR 5, 1983 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean lTyquist at 7:04 p.m. ROLL CALL rlayor PGari'Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present �4e; e City 1 eager Gerold Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor. Nyquist noted that Councilmember Ihotka would be absent from this evening's meeting and was excused. INVOCA' The inVocation was offered by Councilmember Hawes. OPEN F ORUI i 1a or - Tyquist noted the Council had not received any requests to use the Open Forum session this evening. He ingair ed if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. AP PROVA L OF CO]I�T AGDP DA METor T yqu st� inquired if axiy of the Council members desired any items removed from the Consent Agenda. Councilmember Theis requested that items 9b; 9d, and 9e be removed from the Consent Agenda. APPROVAL OF MINUT - NOVEMBER 7, 1983 There was a motion by Coancilmember Havies and seconded by Councilmember Scott to approve the minutes of the City Council meeting of November 7, 1983 as submitted. Voting in favor: Mayor INyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. , APPROVAL OF MINIT -- NOVEPIRER 21, 1983 There wa motion by Coanciloember Hawes and seconded by Councilmember Scott to approve the minutes of the City Council meeting of November 21, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. FINAL PLAT APPROVAL FOR BROOMS OOD TOICt TOT S There was a motion by Coancilmenber Hawes and seconded by Councilmember Scott to approve the .final plat of Brookwood Townhomes (subdivision of the northeasterly lot of Brookwood Residences into 32 townhouse lots and a common area - Planning Commission Application No. 83030) contingent upon review and approval of an Abstract of Title by the City Attorney. Voting in favor: Mayon Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 12 --5 -83 -1 PERFORM BOITD REDUCTION FOR EVERGREEN ESTATES There was a motion y 4 ,ouncilmem e�awes an seconded by Councilmember Scott to approve the reduction of the performance bond-for Evergreen Estates, 857 to 885 70th Avenue North, from $30,000 to $3,000 until spring 1984 to ensure the viability of landscaping. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 83 --1$3 Member Bill Hawes introduced the following .resolution and moved its adoption: RESOLUTION GIVING PREL IMINARY APPROVAL TO A PROPOSAL FOR A MULTIFAMILY HOUSING DEVELOPP'IENT BOND PROGRAM 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, 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 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTIIG WORK PERFORMED UNDER CONTRACT 1983 -K (HU1 AVENUE NORTH STREET IMPROVFXnTT PROJECT NO. 1983 -11) The motion for the adoption of the foregoing resolution eras duly seconded by member Celia Scott, 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 none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 83-185 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF A LIGHT PICKUP 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, 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. 83-1 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION Alv04DING THE 1983 GFI1FRAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon 'vote being tat >en thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, ?dill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution wars declared duly passed and adopted. 12 -5 -83 -2 RFSOLUTI0JJ NO. 83 -187 ern �erCill res introduced the following res olution and_ moved its adoption: RESOLUTION RECOGNIZING THE ACHI= 7NT OF NANCY ERICKSON he 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. L ICETTSES Where was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: I3EATCH LICFS .-. Bench Corp. 3300 Snelling Ave. N. TREE SALFFS LOT LICENSE P.Q.T. Company 4007 58th Ave. N. 5040 Brooklyn Blvd. 6300 Brooklyn Blvd. CIGrAJUETTE L ICE�TSE Brooklyn Center Getty 6245 Brooklyn Blvd. Denne's Market 6912 Brooklyn Blvd. PSI & S Drug Fmporium 5900 Shingle Cr. Pkwy. Uncle Bob's Nik Six 6600 Lyndale Ave. N. ECHANTICAL SYST11 LICENSE Hoffman's, Inc. 135 E. Third Ave. Hyser Plumbing 4750 Grand Ave. S. Independent Sheet Metal 2077 E. Center Cir. V & R Heating & Air Cond. 5850 Sunset Rd. NONPERISHABLE VRIDING MACHINE LIC ,,SE Major Vending 7440 Major Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Modern Control 6820 Shingle Cr. Pkwy. PFRISHABLE VFITDING MACHINE LICENSE Major Vending 7440 Major Ave. N. Modern Control 6820 Shingle Cr. Pkwy. Voting in favor: Mayor Nyquist, Councilmembers- Scott, Hawes, and Theis. Voting against: none. The motion passed.. The City Attorney arrived at 7:10 p.m. 12 -5 -83 -3- RESOLV'x' 1S (CONTINUED) RE b1 (} NO. 83 -IM Member rich Theis introduced the following. resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -J (LIONS PARK WEST TRAILWAY IMPROVEMENT PROJECT NO. 1982 -18, CENTRAL PARK /GARDEN CITY PARK TRAILWAY EXTENSION IMPROVEMENT PROJECT NO. 1982 -19, CIVIC CEN'T'ER ACCESS IMPROVH PROJECT NO. 1982 - 21, CIVIC CENTER PARKING LOT IMPROVE-MIT PROJECT NO. 1982 -22) 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, 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 Establishing Water Assessment Rates Effective January 1, 1984• He explained that this resolution adjusts the water hookup rates based on the Consumer Price Index as per existing City policy.. Councilmember Theis requested additional information on the rationale for using the Consumer Price Index for adjusting the water hookup rates and for using the Construction Cost Index to adjust the rates for residential street construction. The Director of Public Works replied that the assessment rates are adjusted based on the CPI because the water hookup rates reflect costs which include construction and maintenance of the water supply system, including materials. He added that the CPI has a closer relationship to this cost and that the Construction Cost Index is used for street construction since these assessment rates account for construction costs only. RE SOLUTION NO. 83 -189 f Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER ASSESST1ENT RATES EFFECTIVE JANUARY 1, 1984 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, 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 -190 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AT41MIITCT MUNICIPAL STATE AID STREET CONSTRUCTION POLICY 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: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing Joint and Cooperative Agreement for Use of Personnel and Equipment (Regional Mutual Aid Association), He 12 -5 -83 -4- explained the proposed agreement provides for Mutual Aid Emergency Assistance among the Public Works departments of participating cities. Councilmernber Scott inquired whether, under the agreement, another City's insurance would cover Brooklyn Center's equipment operating in the other City. The Director of I'ablic Works explained that Brooklyn Center's insurance covers Brooklyn Center's employees and equipment while working in other cities under this agreement. RESOL U"_'IOI NO. 83-191 :ember :ill awes introduced the following resolution and moved its adoption: RESOLL?TION A13 JOINT AND COOPERATIVE AGRE.=T FOR USE OF PERSONNEL AND EQUIR IT -a REGIONAL i AID ASSOCIATION The Doti on 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 Yyquist, 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• -192 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACT 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. AN ORDIRrAh CE VACATING GRIrTES AVF1� , NORTH WITHIN DALE AND DAVIES 211D ADDITION AND LAI'SIDE AVM 1LTE EASL RLY OF I NDIAN A TV-1 TIR The Director of Public WcTks explained that the ordinance is being proposed in conjunction with the sports and racket club approved at the last City Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Vacating Grimes Avenue North within Dale and Davies 2nd Addition and that Portion of Lakeside Avenue North Easterly of Indiana Avenue North and to set a public hearing on the ordinance for the 9th day of January, 1984 at 8:00 p.m. Voting in favor: Mayor Nyquist, Council-members Scott, Hawes, and Theis. Voting against: none. The motion passed. RT UWAL OF HUNI3OLDT LIQUOR STORE LEASE There wa- a motion by Councilmember Theis and seconded by Councilmember Hawes to authorize the iT<ayor and City Manager to enter into an agreement to extend the City's existing lease on the Humboldt Square liquor store through November 30, 1984. Voting in favor: Mayorllyquist; Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PUBLIC HFARING ON AN INDUSTRIAL DEVFLOPYITTIT REVENUE BOND PROPOSAL FROM BYFRLY'S Administrative Assistant Hoffman reviewed the project, and explain a the 12 -5 -83 -5- amount of the bond would be $9f590,000. lie added that construction of the supermarket facility is proposed for August, 1984 and will comprehend a 65,000 square foot supermarket which include a bakery, restaurant, gift shop, and related facilities. He added that the staff has previously recommended approval of the project. Mayor Nyquist discussed the possibility of a retroactive clause in legislation proposed for IDR's in Congress. He added that he believes the retroactive portion of the law could extend to May, 1983. Administrative Assistant Hoffman stated that he had not heard of any retroactive changes in the IDR laws, and pointed out that the bond has been reviewed by Mr. Dave Kennedy of the City Attorney's office. Councilmember Theis inquired whether there was a firm date for construction of the supermarket. Administrative Assistant Hoffman replied that he believed the construction date for August, 1984 is very firm. Councilmember Theis then expressed a concern over the long delay experienced with the project and also the nonattendance of the applicant at this evening's meeting. Administrative Assistant Hoffman stated that the applicant has been very cooperative in the past, and that 'lie believed the applicant had intended to be present at this evening's meeting but for some unknown reason was not in attendance. He added that, knowing the applicant, he believed that he would be quite embarrassed when he is contacted to tomorrow regarding this evening's meeting. Councilmember Theis then inquired what the final step in the project would be. Administrative Assistant Hoffman stated that the final step would be final approval granted by the City Council. Covncilmember Theis then restated his concern regarding the applicant's nonattendance and added that he wants to approve the project but is concerned at the applicant's absence. Councilmember Scott inquired how large the facility would be and Administrative Assistant Hoffman explained that the store would be the same size as the Ridgedale store in Minnetonka. Mayor Nyquist opened the meeting for the purpose of a public hearing on an Industrial Development Revenue Bond proposal from Byerly's. Mayor Nlyquist recognized the City Manager who stated that Councilmember Ikhotka had called him earlier, and requested that he express his objection to Industrial Development Revenue Bonds. Mayor T'yquist 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 Scott and seconded by Councilmember Hawes to close the public Nearing on an Industrial Development Revenue Bond proposal from B'yxerly's. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis Voting agl3.inst: none. The motion passed. RESOLUTION NO. 83 --1 93 Tlvm.e - rte ich The s introduced the following resolution and moved its adoption: RTr;SOLUTION D ETERMINING TO PROCEED WITH A PROJECT AP;D ITS FITIAITCING UIIDER THE MENTJ'ESOTA P``01CIPAL INDUSTRIAL DI"51OPP 4T ACT; RI: T,1NG THE PROPOSAL TO THE,, MIT111ESOTA 121MGY AND ECONUMIC DEVELON]ENT AUTHORITY_ FOR APPROVAL AND AUTHORIZING PREPARATION OF NE'C'ESSARY DOCUF04TS 12 -5 -83 -6- 4 The motion for the adoption of the foregoing resolution wa.s duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Henn ilyqui.st, Celia Scott, Pill Iiawes;.and Rich Theis; and the following voted <F against the same: none, whereupon said resolution was declared duly passed and adopted. SPECIAL aECUTIVE �-7ESSION OF THE COUIICIL There was a motion by Council - member Scott and seconded by Councilmember Hawes to hold a special closed executive session of the City Council in the City Manager's conference room following adjournment of the regular City Council meeting to discuss labor negotiations strategy. Voting in favor: Mayor Nyquist, Councilmembers Scott, - Hawes, and Theis. Voting against: none. The motion passed. Mayor Nyquist noted the attendance at the special closed session of the Council would include himself, Councilmembers Scott, Hawes, and Theis, City Manager Gerald Splinter, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, and Administrative assistant Tom Bubli.tz. ADJOM Therwas a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City,Gouncii adjourned at 7 :40 p.m. I Clerk Mayor 4 12 -5 -83 -7-