Loading...
HomeMy WebLinkAbout1983 02-14 CCM Regular Session I COUNCIL F THE CITY C F THE PROCEEDINGS O MINUTES 0 OFF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 14, 1983 CITY HALT, 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 Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmiund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffniap. and;. Tom Bublitz. INVOCATION The invocation was offered by Mayor Dean Nyquist. OPEN FORUM Mayor Nyquist noted he ,-had received a request to use the Open Forum from Ms. Debra Grams, 5601 Logan Avenue North regarding rezoning. Mayor Nyquist recognized Ms. Grams who stated that she would like to change Ule home at 5601 Logan Avenue North back to a duplex. She noted the house was a duplex when her father owned it. In response to Ms Grams comments, the Director of Planning & Inspection explained to the Council, that a number of two - family homes, were located in R- l.:zones in` the 1950`s as a result of actions by past City Councils. He explained that Ms. Grams' home was a two- family home in an R -1 neighborhood in the 1950's` a nd that a special provision was made for two-- family homes in single - family neighborhoods during that time. He stated the possible action by the Council could be to change the existing ordinance to allow for- two - family homes in single- family neighborhoods. The City Attorney explained that, at this point there would be nothing the Council can do since,'apparently the previous owner discontinued the two- family use, and when this was done the owner lost the right to the two - family use. He explained to Ms. Grams that she has the right to submit a rezoning request and that this would be the only way the Council could take formal action on her request. CONSENT AGENDA Mayor Nyquist inquired if any Council members wished any items removed from the Consent Agenda. Councilmember Scott requested item lob be. removed from the Consent Agenda, Councilmember Hawes requested items 9,:10c and l0k be removed, Councilmember Lhotka requested item l0e be removed and Councilmember Theis. requested item ldi be removed from the Consent Agenda. 2 -14 -83 -1- l } RESOLUTIONS RESOLUTION NO. 83 -23 Member Gene Lhotka introduced the following resolution and moved its adoption: } g RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE DESIGNATION OF A HOUSING DEVELOPMENT PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 462.411 ET." SEQ., THE MUNICIPAL HOUSING AND REDEVELOPMENT ACT AND THE ESTABLISHMENT OF TAX INCREMENT § FINANCING DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 273.71 TO 273.78 INCLUSIVE, THE TAX INCREMENT FINANCING ACT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted: RESOLUTION NO. 83 -24 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF WATER MAINS GATE VALVE FOR INSTALLATION UNDER 63RD AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1983 -02 The motion for the adoption of the foregoing resolution was duly seconded by member; Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -25 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist,.Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution' was declared duly passed and adopted. RESOLUTION NO. 83 -26 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND SUBURBAN COMMUNITY SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis,.and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis and the 'following voted against the same: none whereupon said resolution was declared duly passed and adopted. 2 -14 -83 -2- LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember -Theis to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR'S LICENSE Green Mill Inn 5540 Brooklyn Blvd. BAKERY FOOD VEHICLE LICENSE Good Earth Restaurant 5717 Xerxes Ave. N. BOWLING ALLEY LICENSE Lynbrook Bowl, Inc. 6357 N. Lilac Dr.' BULK VENDING LICENSE Brooklyn Center Lions 5712 Humboldt Ave. Folz- Vending 3401 Lawson Blvd. Country Store 3600 63rd Ave. N. CIGARETTE LICENSE Beadles Market 6912 Brooklyn Blvd. Chuck's Q. 1505 69th Avenue N. Duane`s OK Tire 5900 Brooklyn Blvd. Duke's Standard Service 6501 Humboldt Ave'. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. GASOLINE SERVICE STATION LICENSE Chuck's Q. 1505 69th Ave. N. Duane's OK Tire 6900 Brooklyn Blvd. Duke's Standard Service 6501 Humboldt Ave. N. Federal Lumber 4810 N. Lilac Dr. ITINERANT FOOD ESTABLISHMENT LICENSE Community Emergency Assistant Program 7231 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE LICENSE American Vending Company P.O. Bxo 280 Sears Automotive Brookdale Center Bill's, Juice Vending 3900 Beard Ave. S. Holiday Inn . 1501 Freeway Blvd. Spa Petite 5611 Xerxes Ave. ;N. Bill's Vending SErvice 7317 W. Braodway` B.C. Skelly 6245 Brooklyn Blvd. Bond Tool & Die Co. 6840 Shingle Cr. Pkwy. Brookdale E. Cinema 5801 John Martin Dr. B.C. Country Boy 4401 69th Ave. N. Canteen Co. 6300 Penn Ave. S. 2 -14 -83 -3- NONPERISHABLE VENDING MACHINE LICENSE (CONTINUED) FMC_ 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. Medtronics 6700 ,Shingle Cr.- Pkwy.'' Medtronics 6860 Shingle Cr. Pkwy.' MTC 6845 Shingle ,Cr. Pkwy. Cass Screw Company 4748 France Ave. N. s Christy's Auto 5300 Dupont Ave. N. Cook Paint 4800 N. Lilac Dr. Country Club Market 5715 Morgan Ave. N. D.L. Service 2516 83rd Ave. N. Lowell's Auto 6211 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Evergreen Park Elementary 7020 Dupont Ave. N. First Brookdale State Bank" 5620 Brooklyn Blvd. Jimmy Jingle, Inc. 2601 2nd,Ave. S. Johnson Control 1801 67th Ave. N. Life -Full Service Vending 4603 Folwell Dr. Library 6125 Shingle Cr. Pkwy. License Center 6125 Shingle Cr. Pkwy. Social Services 6125 Shingle Cr. Pkwy.' Malmborg's Inc. 5120 N. Lilac Dr. Maranatha Conservative Baptist Home 5401 69th Ave. N. Marc's Budgetel 6415 James Circle N. Midwest Screw 3501 48th Ave. N. Midwest' Vending Company 8900 Wentworth Ave. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Minnesota Tile Supply 4825 France Ave. N. NSI /Griswold Co. 8300 10th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. N.S.P. 4501 68th Ave. N. Northwest Microfilm, 'Inc 1600 67th Ave. N. Pearl Manufacturing 6801 Shingle Cr. Pkwy. Pilgrim Cleaners 5748 Morgan Ave. N. Plitt. Brookdale Theater 2501 County Rd. 10 Servomation 7490 Central Ave. N.E. Aayton's Brookdale Center Condalson's Brookdale Center Graco 6820 Shingle Cr. Pkwy. Super America 6545 W. River Road Twin. City Vending 1065`E. Highway 36 Brooklyn Center Group Health 6845 Lee Ave. N. Earle Brown Farm Ind. 6100 Summit Drive Sears Brookdale Brookdale Center Viking Gym 6504 Shingle Cr. Pkwy. Woodside Enterprises 2500 Nathan Lane City of Brooklyn Center 6301 Shingle Cr. Pkwy, OFF -SALE NONINTOXICATING LIQUOR LICENSE Beadles Market 6912 Brooklyn Blvd. Chuck's Q. 1505 69th Ave. N. Country Club 5715 Morgan Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr.' 2 -14 =83 -4- PERISHABLE VENDING MACHINE LICENSE Ault Corporation 1600 H. Freeway Blvd. Canteen Company 8300 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. M.T.C. 6845 Shingle Cr. Pkwy. Earle Brown Bowl 6440 James Circle' Jimmy Jingle, Inc. 2601 2nd Ave. S. Johnson Control 1801 67th Ava. N. Maranatha Conservative Baptist Home 5401 69th Ave. N. NSI /Griswold 8300 19th Ave N. Brookdale Pontiac 6801 Brooklyn Blvd. Northwest Microfilm, Inc. 1600 67th Ave. N. Plitt Brookdale Theater 2501 County Rd. 10 Servomation 7490 Central Ave.'N'.E. Dayton's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Cr. Pkwy. Onan Tech Center 6120 Earle Brown Dr. Twin City Vending 1065 E. Highway 36 Brooklyn Center Group Health 6845 Lee Ave. N. Earle Brown Farm 'Ind 6100 Summit Dr. Sears Brookdale Brookdale Center POOL TABLE 11 0ENSE Lynbrook Bowl, Inc. 6357 N. Lilac Dr. PERISHABLE FOOD VEHICLE LICENSE American Bakeries Co. 4215 69th Ave. N. Ted Burlingame 5919 June Ave. N. SPEICAL FOOD HANDLING LICENSE Brooklyn Center Liquor Store #1 6800 Humboldt Ave. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Stroe #3 Northbrook Shopping Ctr. Fun Services, Inc. 3701 50th Ave. N. Ideal Drug Store 6800 Humboldt Ave. N. Marc's Budgetel 6415 James Circle Total Petroleum Inc. 6830 Brooklyn Blvd. Betty Varcoe 974 Rice St. Terrace Holliday Inn Gift Shop 1501 65th Avenue North Viking Gym, Inc: 6504 Shingle Cr. Pkwy. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none The motion passed unanimously. 2 -14 -83 -5- APPROVAL OF 'MINUTES - JANUARY 24, 1983, OCTOBER 25, 198 Mayor Nyquist noted a correction in the January 24, minutes and explained that on page 5, the minutes show that the Chamber Board reviewed the recommendatio; of the Chamber Economic Development Committee regarding the geometric changes; at the 56th Avenue and Brooklyn Boulevard intersection. He noted that the Chamber Board had not reviewed this request and that the minutes should be corrected. There was a'motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of January 24, 1983 with the correction noted by Mayor Nyquist., Voting in favor: Mayor Nyquist, Council - members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of October 25, 1982 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Theis, and Hawes. Voting against: none. The motion passed. Councilmember Scott abstained from the vote as she was not present at.the October 25, 1982 meeting. COUNCIL' PRESENTATIONS Mayor Nyquist presented Mrs. Dawn Kiefer with a resolution and plaque expressing " recognition of the public service of Mrs. Kiefer as a past member of the Park & Recreation Commission. Mrs. Kiefer stated she was happy to have had the oppor- tunity to serve on the commission, and that she was proud of the commission's work and the commission's efforts to develop good attitudes in the City which enabled the passage of the 1980 park bond issue. She added that, now that things are coming to a good conclusion in the p ark system, she requested the Council to please fund the appropriate amounts to maintain the parks. She added that she hopes the Council will use the cormissions, and added that when the commissions `bring 'a recommendation to the Council, they have generally thought it out very well prior to their submission of i.t to the Council. She thanked the City Council for.the plaque and for the opportunity to serve on the commission. Mayor Nyquist presented a resolution and plaque to State Senator Reichgott for her public service as a past member of the Human Rights Commission. Senator Reichgott thanked the City for the opportunity to serve on the commission and explained that she had learned much about City government from her service on the dommission She added "that -she believed this would serve her well in the State Legislature and the committees she now serves on. She added that she was particularly proud of the work the Commission did with regard to chemical dependency and handicap accessibility and encouraged the commission to continue its excellent work. She added that she was sorry to have to leave Brooklyn Center and thanked the Council for its presentation to her. Mayor Nyquist presented Administrative Assistant Bublitz with a proclamation recognizing his efforts in preparing commendatory resolutions and proclamations .for the City. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the appointments of Mr. David Skeels, 6007 York Avenue North, to the Park and Recreation Commission, and Mrs. Ricky Blake, 3812 Janet Lane, to the Traffic Safety Advisory Committee, both for a term beginning immediately, i 2 -14 -83 -6- . and expiring December 31, 1985. APPROVAL OF FIRE DEPARTMENT RELIEF ASSOCIATION INVESTMENTS Councilmember Hawes inquired whether t a correct yield rates were shown for the investments and noted that he believed the yield of .4.78% for one of the investments was inordinately low. The Director of Finance explained that the secretary of the Fire Relief Association picked up the coupon rates which are not the correct rates for the investment yields. He stated he would` determine the correct yield rates and added that the majority of the yield rates would approximate 11% There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the purchase of the following by the Fire Department Relief Association: $15,000 of Federal National Mortgage Association Funds, $15,000 of Federal Farm Credit Banks Bonds, $45,000 of Household Finance Bonds and $85,000 of Western,. Pennsylvania Power Company Bonds. Voting in favor: Mayor Nyquist, Council members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED The City Manager introduced a Resolution Accepting Bid and Approving Contract 1982 -2 (Water Supply Well No. 9 Improvement Project No. 1982 -30). Councilmember Scott inquired why the unit prices of the various items in the bid were identical for each contractor. The Director `of Public Works Pxplained that the contractors all chose the same well contractor who supplied them with the same unit prices. He added that the overall bids of the contractors were different but the unit price of various items would be the same for each con- tractor. RESOLUTION NO_ 83 -27 Member Celia Scott introduced the following resoluton'and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -Q' (WATER SUPPLY WELL NO. 9 IMPROVEMENT PROJECT NO. 1982 -30) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Pertaining to Consideration of Bids for Pedestrian /Bicycle Bridge improvement Project No. 1980 -06. There was a_motion by Councilmember Scott and seconded by Councilmember Theis to recommend to the Commissioner of the Minnesota Department of Transportation that the contract for the Pedestrian/Bicycle Bridge Improvement Project No. 1980 -06 be awarded to the lowest responsible bidder. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. ,Voting against: none. The motion passed unanimously: 2 -14 -83 -7- RESOLUTION NO. 83 -2$ Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FUNDS FOR PAYMENT OF LOCAL SHARE OF COSTS FOR PEDESTRIAN /BIKEWAY IMPROVEMENT PROJECT NO. 1980 -06 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following, voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -29 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET AND THE 1983 EMPLOYEE POSITION AND CLASSIFICATION PLAN 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. Councilmember Lhotka questioned why the category of unallocated departmental expense in the resolution was increased by $3,030. The City Manager explained that the $3,030 is not an expenditure but will be added to the unallocated departmental expense budget which is controlled by the City Council, and that this was done so that the auditors could track the funds. The City Manager`introrluced a Resolution Authorizing Execution of Agreement for Professional Services with BRW, Inc. -, for Development of a Redevelopment Land Use Plan for the Southwest Neighborhood. - Councilmember Scott commented that she was not pleased with the last study of this type conducted by a consultant and she suggested that the Council hold off on approving the second half of the project. Councilmember Scott introduced the following resolution with a motion to amend the resolution by approving only one -half of the proposed study and to eliminate the optional market study. RESOLUTION' -NO. 83 -30 Member Celia Scott introduced the following resolution and moved its adoption: AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES WITH B.R.W. INC. FOR DEVELOPMENT OF A REDEVELOPMENT LAND USE PLAN FOR THE SOUTHWEST NEIGHBORHOOD 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, and Rich Theis and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. 2 -14 -83 -8- Councilmember Lhotka inquired to what extent the consultant would be involved in developing data for the site inventory and expressed a concern that much of the data was already available. In response.to Councilmember Lhotka's question, Mr. Wolsfeld, representing BRW, explained that the City staff has, and will continue to be included in the development of the project data. He added that BRW will not charge for the time to collect the-data, and that they will not duplicate the existing data but will analyze the existing data. Councilmember Hawes stated that he is not in favor of spending money for surveys like this, particularly at this time of difficult budget constraints. He added that the City cannot be certain that the Joselyn Company has no plans for the site, and that anything the study would propose could be superceded'by develop- ment plans proposed by Joselyn. The Director of Public Works stated that the staff has been in discussions with Joselyn in the past, and that they indicated a willingness to work with the City on redevelopment plans. He added that they have also indicated that the ,present use of the area is a temporary one. Council- member Hawes stated he believes that if the Joselyn Company could enjoy the benefits of such a study, the expense should be borne by Joselyn. He added that the study may propose a use that Joselyn may or may not go along with. He added that any pollution studies should be paid 100% by Joselyn. The City Manager stated that several communities have explored the feasibility of assessing the cost of studies, such as this, but that this type of assessment would be on shaky legal ground. He explained the pollution aspect of the study would be a compilation of existing data in such a way that it could be used by the City. He added that the current date is available in only ,a very technical format, and that the study would translate much of the technical jargon so that it would be more useable. The Director of Public Works explained the primary emphasis of the study was not how to develop the Joselyn site alone, but the study was proposed as a benefit to the entire neighborhood by addressing the redevelopment of the entire area. Councilmember Theis requested Mr. Wolsfeld to clarify the implementation strategy for the study. Mr. Wolsfeld replied that the first key part of the study is to determine the City policies with regard to the project, and determine whether the City would be in a passive mode which would allow them to react to a' proposal made by a developer or whether the City would be in a more active planning mode for the redevelopment of the project. He added that the study would lay -out what the City would do in this mode, and that the study would also lay -out what the City could do to actively initiate the project plan. 'Councilmember Theis then inquired why the City should pay for the work for both modes if they only want one. Mr. Wolsfeld replied that the City should not if the mode had already been determined. He added that, perhaps the staff could be authorized to 'issue in- cremental work orders to BRW, and invoice for the price up to each approved phase He added that a number of public agencies are now approaching consultant studies in this manner. Discussion continued among Council members, Mr. Wolsfeld and the City staff regarding the estimated person hours required for the study. The City Attorney noted that there is no formal contract before the Council this evening, and he recommended that he be allowed to review the contract with BRW 2 -14 -83 -9- and the City Manager prior to formal Council approval. The City Manager stated that Councilmember Lhotka's question with regard to project hours and the hourly rates indicated by BRW would be clarified when the contract is written. With regard to the motion on the floor, the City Manager commented that the dollar` amount in the resolution would change to $25,400 and the market study would be eliminated. He added that, if the Council approves the amended resolution, he would prepare a contract for review by the City Council, and that if there was any objection to the contract, the item would again be placed back on the agenda. The motion for the adoption of the foregoing resolution was duly seconded by member Lhotka. The City Attorney added that he would also ilike 'to amend certain words in the resolution before the Council. There was a motion by Councilmember Theis to amend the motion on the floor by deleting the implementation strategy of the study at a cost reduction of $8,400. Councilmember Lhotka seconded the motion for purposes of discussion. The City Manager explained he would return to the Council with a contract for their review with the changes indicated by the Council, and that if the contract is not accepted, the item would go back on the agenda at a future meeting. After considering the City Manager's proposal, Councilmember Theis withdrew his amendment to the motion on the floor, and Councilmember Lhotka withdrew his second of Councilmember Theis' motion to amend. Upon a vote being taken on the motion for the adoption of the resolution as , amended, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Rich Theis. The following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND FOR BYERLY'S The City Manager explained that the Byerly's project was not prepared for the public hearing this evening, and that because of the complicated publication process, he recommended opening the public hearing and continuing it to the second meeting in March this year. Mayor 'Nyquist opened the meeting for the purpose of a public hearing on an industrial development revenue bond for Byerly's. No one appeared to speak at the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to continue the public hearing for an industrial development revenue bond for Byerly's to March 28, 1983 at 8:00 p.m. PUBLIC HEARING ON TAX EXEMPT MORTGAGE BOND FOR BRUTGER COMPANIES, INC Administrative Assistant Hoffman pointed out that item 6 on the HRA agenda should actually be a Council item and should go with item lla on the Council agenda. He added that the Council's action would grant preliminary approval for up to three million plus dollars for 65 elderly units. He added that two actions are 2 -14 -83 -10- required by the Council, one being to adopt the Bond Program, and the other to amend the Housing Program. Mayor Nyquist opened the meeting for the purpose of a public hearing on a tax exempt mortgage bond for Brutger Companies, Inc. 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 Theis and seconded by Councilmember Hawes to close the public hearing on a tax exempt mortgage bond for Brutger Companies, Inc. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously,. RESOLUTION NO. 83 -31 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE HOUSING PLAN FOR THE CITY OF BROOKLYN CENTER PURSUANT . TO MINNESOTA STATUTES, CHAPTER 462 C The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof. Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION N O. 83 -32 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1983 MULTIFAMILY HOUSING DEVELOPMENT BOND PROGRAM 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. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 83002 SUBMITTED BY GARY EHDE_ (MAROON, INC.)' FOR A VARIANCE FROM SECTION 34- 140.21 (2) TO ALLOW CONTINUANCE FOR TWO YEARS OF FREE - STANDING REAL ESTATE SIGN FOR THE ISLAND PONDS TOWNHOUSE PROJECT AT 69TH AVENUE NORTH AND UNITY AVENUE NORTH The Director of Planning & inspection presented and reviewed for Council members pages 1 through 3 of the January 27, 1983 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 83002. He proceeded to review the location of the sign and explained that when the applicant requested modification to the sign, the staff at that point realized the sign should have been removed. The Director Planning & Inspection' reviewed the applicant's letter requesting the variance, and explained the Planning Commission concluded that the applicant's arguments were within the standards for a sign variance. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning 2 -14 -83 -11- Commission Application No. 83002. He inquired if there was anyone present who wished to speak at the public rearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a> motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 83002. 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 approve Application No. 83002 to allow the continuation of the free- standing real estate sign at 69th and Unity Avenues North for a period of up to two years or until 90% of the remaining units are sold,' whichever comes first. The action also acknowledges that the standards for a sign variance are met. 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 8:42 p.m. and reconvened at 8:58 p.m. RESOLUTIONS (CONTINUED The City Manager introduced a Resolution Establishing Employee Incentive Retire- ment Program. He recommended an amendment to paragraph No. 4 in the resolution and noted the paragraph should read "positions vacated by employees retiring under this program will not be filled without prior City Council approval of'the funds to be expended in filling the vacancy." Councilmember Lhotka stated he had discussed the retirement program with individu in the personnel department in his organization, and that they indicated it would'. be an acceptable program. Councilmember Theis stated he was concerned over the time period allowed for a decision to be made by an employee. The City Manager stated it is difficult for some persons, especially those eligible to retire in 1985, to decide on their retirement date and that he believes they may feel more comfortable in the decision if they are allowed.a longer period of time. Councilmember Theis stated he was concerned that the City may be addressing a nonperformance problem by offering a reward to those employees. The City Manager stated that a number of people eligible for retirement will be sorely missed by the City and that he does not believe it is an issue of nonperformance. He added that some of the older employees may not be as physically adept but their knowledge of the City and their job balances this out. ` Councilmember Lhotka stated he has the same concern as Councilmember Theis regarding the time period., The Director of Finance explained that another reason for the time .period allowed for the employee to make his or her decision is so that the employee could not rescind the resignation by saying that they did not have enough' time to really think about it. RESOLUTION NO. 83 -33 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING EMPLOYEE RETIREMENT INCENTIVE PROGRAM , i 2- 14 -;83 -12- 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. The City Manager introduced a Resolution Authorizing Participation in Modification of Joint Powers Agreement, of the Minnesota Police Recruitment System. Council- member Theis requested the staff to clarify the process used by the SPRS for:: the selection of police officers. The City Manager explained the SPRS is the custodian of a validated police officer test. He added that the Metropolitan Area Management Association Municipalities authorized a study several years ago to develop A validated test which would eliminate EEO challenges.. He stated that the SPRS also maintains a list of eligible candidates for 'hire and that the SPRS program eliminates the $2,000 to $3,000 in recruitment cost to the City each time an officer must be recruited. In conclusion, he pointed out, the SPRS is the custodian of the test and maintains its validity. He pointed out to Council members that the resolution.before the Council this evening, allows the current SPRS group to open up the process for outstate cities. Several members of the Council expressed a` concern over the provision in the agreement which places no limit on dues for the organization. The City Manager explained that any City can opt out of the agreement annually, as the City budget is considered. RESOLUTION NO. 83 -34 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA POLICE RECRUITMENT SYSTEM 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. MOTION ENCOURAGING THE APPOINTMENT OF MR. ROGER SCHERRER TO THE METROPOLITAN COUNCIL There was a motion by Councilmemher Theis and seconded by Councilmember Scott to encourage the reappointment of Mr. Roger Scherrer to the Metropolitan Council. DISCUSSION ITEMS REVIEW OF 1983 CONSTRUCTION PROGRAM The Director of Public Works introduced the 1983 Public Improvement Program Preliminary Review and explained that the purpose of the review is to advise the Council that the Public Works Department is working on-preliminary reports and designs covering various projects and that the department invites any and all comments and direction which the Council may "wish 'to provide. He added that he hoped the document would be useful to the Council in tracking various projects throughout the year. 2 -14 -83 -13- s REDEVELOPMENT OF AREA BETWEEN 68TH AND 69TH AVENUES NORTH FROM WEST RIVER ROAD TO ALDRICH AVENUE NORTH The City Manager explained that a neighborhood meeting for proposed 68 -69th Ave. 1+ redevelopment was held on February 10, 1983 at 7:00 p.m. at the Evergreen elementary school. He stated he believes the meeting was successful and that he hopes to hold one more meeting and come up with a roadway design which could be reviewed by the neighborhood residents The Director of Public Works reviewed the area and proposals for roadway layouts in the area, and noted that no objections were received to the roadway designs at the February 10 meeting. He suggested that the staff could develop one or two alternate plans for redevelopment and then get the reaction of the neighborhood to the plans. DISCUSSION OF HOUSE FILE NO. 22 LEGISLATIVE REDISTRICTING Mayor Nyquist stated he had become aware of a bill in the legislature which proposes to amend the reapportionment map. He added that the bill would affect the City of Brooklyn Center and would create a separate precinct for the City comprised of approximately 47 single- family homes. He added the area in question is in the western portion of the City extending from the City's corporate limits east along 61st Avenue to June, then south along June to 59 Avenue, then east along 593 Avenue to Halifax Avenue, and then finally west along 58th Avenue North from the intersection with Halifax and 58th. He added that the creation of such a small precinct does not make any 'sense, and that he would oppose the legislation and would suggest the Council pass ,a formal resolution opposing House File No. 22. RESOLUTION NO. 83 -35 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION OPPOSING LEGISLATIVE REDISTRICTING AMENDMENTS PROPOSED BY HOUSE ` FILE, NO. 22 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. Mayor Nyquist suggested sending a copy of the resolution to the author of the bill in the House. DRAM SHOP LIABILITY LAW The City Attorney commented that the.Supreme Court has uncovered the fact that 3.2 beer establishments are not covered by the State Dram Shop Law. He added that the City's ordinance may, however, require it and suggested that this item be researched and addressed by the City staff. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Counci.lmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Council.members Lhotka, _Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at .9:48 p.m. Clerk M o 2 -14 -83 14-