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HomeMy WebLinkAbout1983 04-25 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 25, 1983 CITY HAIL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Nayor-ean 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 Planning & Inspection Ron Warren, Assistant City Engineer Jim Grube, Mr. John Dean, representing the City Attorney's Office, Public Utility Superintendent Craig Hoffmann, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Pastor Thompson of the Lutheran Church of the Triune God. OPEN FORUM Mayor Nyquist noted the Council had received a request to use the Open Forum session this evening from Mrs. Sue Pavlak, 2800 63rd Avenue North. The Mayor informed Mrs. Pavlak that the item she wished to discuss was on the agenda, and he suggested moving the item ahead on the agenda so that those present could address the Council with their comments. DISCUSSION IT174S REVIDi 7 - BM= CENTER WATER RESCUE CAPACITY The City Manager explained that the report prepared by the City staff is intended to gather facts and answer the questions raised regarding the City's water rescue capability. He referred Council members to a memorandum from the Director of Public Works regarding the water depths in Shingle Creek through the Central Park area. He explained the deepest section of the creek is 7.8' and that the dredging of the creek was intended to create a level of 6' to 7' but that these areas had silted in somewhat since the dredging. He added that the City staff will expand on the water depth study in a more detailed fashion. The City Manager reviewed several staff recommendations concerning short -term and long -term recommendations for improving the City's water rescue capacity. He explained that the staff is recommending a number of items including expanded educational programs for school children, development of a signing system, use of a sonar unit for locating drowning victims and the purchase of diving equipment. He also noted that the staff plans to work in conjunction with North Memorial medical' staff to keep informed of the newest techniques and information with regard to water rescue capability. He added that the staff is also planning to work with Hennepin County and other communities to coordinate and expand expertise in the area of water rescue, and also to develop an on -going system of communications with municipal emergency rescue services and other agencies involved in emergency rescue. I 4-25 -83 -1- Mayor Nyquist requested the City Manager to comment on the capabilities of other cities with regard to water rescue. The City Manager commented that municipalties generally have similar equipment and approaches to water rescue. He pointed out that most cities do have rescue boats and pointed out that the City's boat is rather difficult to dive from, and that because of the lower horse power engine it is difficult to go against the current on the Mississippi River. He also pointed out that the City's boat has a V shaped hull and that it would be advisable to look at a flat bottomed boat that can better handle rescue and search operations. He explained Hennepin County has a large 18 for its water rescue, but he pointed out, he would recommend a smaller boat for Brooklyn Center, Councilmember Hawes inquired whether North Memorial has any ambulance rescue units within the area. The City Manager explained that they have units near the Cub Food Store in Brooklyn Park and also at North Memorial. Councilmember Theis asked whether or not anything could be done with signing on an interim basis. The City Manager commented on his concerns with regard to signing and explained that the important elements to look at are the notice the sign gets and also the amount of vandalism experienced. He added that in order to be effective the sign must get noticed and that it also must be difficult to vandalize. He added that the City could put up something on an interim basis but that, in his opinion, other measures such as rescue and education are more important. Councilmember Scott inquired whether anything was being pursued with the Officer Friendly program. The City Manager explained that both the police department and fire department have programs in the schools, and that a water safety unit is being added to both programs. Mayor Nyquist recognized Mrs. Sue Pavlak, who addressed the Council and thanked the City Manager for his notification of this evening's meeting, and also the staff report on the City's water rescue capabilities. She explained that she had spoken with Mr. Bill Chandler at Hennepin County and that he noted to her that the official log time for the call to Hennepin County, with regard to the drowning incident in March, was 12:1 g p.m. which was a 10 minute difference from the time reported in the City Manager's report. Mrs. Pavlak then reviewed her information concerning the cost of diving equipment and quoted figures of $1,000 to $1,400. She explained she had talked to Mr. Bob Kay of Anoka County and that he was satisfied with their diving equipment. She added that the cost figures she quoted were from the Underwater Schools of America. She also noted that, in her discussion with Mr. Kay, he indicated that Anoka County would be willing to assist Brooklyn Center in developing a water rescue program. She also noted that, in her discussions with Hennepin County law enforcement personnel, they commented to her that the dragging done before the diving unit arrrived creates problems and disturbs the water making it more difficult for divers to see. In summary, Mrs. Pavlak requested the City Council to also review other areas in the City, including the Arboretum when they are discussing water safety and water rescue. She added that she believes the recommendations in the City Manager's report are advantageous to the City. Mrs. Pavlak deposited with the City Clerk several catalogs describing diving equipment and costs. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to authorize the City staff to draft a Resolution for the Purchase of Sonar Equipment 4 -25 -83 -2- and Additional Diving Equipment for the City's Fire Rescue Personnel. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONSENT AGE NDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. The City Manager requested that item 10a be removed from the Consent Agenda and pointed out that this item was mistakenly put on the Consent Agenda. Councilmember Lhotka requested items 8e and 8h be removed from the Consent Agenda. Councilmember Theis requested item 8d be removed from the Consent Agenda and Councilmember Hawes requested item 8k be removed from the Consent Agenda. APPROVAL OF MINUTES - APRIL 11, 1 983 There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of April 11, 1983 as submitted. Voting in favor: liayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVAL - MAE H. LENT ADDITION There was a motion byCouncilmember Lhotka and seconded by Councilmember Hawes to approve the final plat of the IMae H. Lent Addition located at 55th Bryant Avenue North (Planning Commission Application No. 82046). Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS LUTI NO. 83-66 Member Gene LhotFa introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -I (PARK SHELTER IMPROVEMENT PROJECT NO 1982 -17) The motion for the adoption of the foregoing resolution was duly seconded by 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 -67 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF 250 WATER METERS 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 -68 Member nb oTRE introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE MEMBERS OF THE BROOKLYN CENTER ELDERLY HOUSING PROJECT COMMITTEE 4 -25 -83 -3- 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. 83-68 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR FINE AGGREGATE FOR SEAL COAT 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 -70 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR BITUMINOUS MATERIALS 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 DECLARATION OF SURPLUS PROPERTY There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to declare as surplus the list of items submitted by the City Clerk for sale at public auction or advertised sale. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE LICENSE - OPERATOR Denny's Inc. 3901 Lakebreeze Ave. N. CIGARETTE LICENSE Denne's Market 6912 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Brook Park Baptist 4801 63rd Ave N. Burger King 6110 Brooklyn Blvd. Donaldson's Brookdale Center Hickory Farms Brookdale Center - Kentucky Fried Chicken 5512 Brooklyn Blvd. 4 -25 -83 -4- Red owl Stores, Inc. 215 E. Excelsior Ave. Brookdale Country Store 5425 Xerxes Ave. N. Country Store 3600 63rd Ave. N. Rocky Rococo Brookdale Center MECHANICAL SYSTEMS LICENSE Commercial Air Conditioning, Inc. 2200 Niagara In. Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd. Dependable Heating & Air Cond. 2615 Coon Rapids Blvd. Owens Service Corporations 930 E. 80th St. MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Ford 2500 County Rd. 10 Bob Ryan Oldsmobile 6700 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Sound of Music 5717 Xerxes Ave. N. RENTAL DWELLING LICENSE Initial: Norman D. Sorenson 5432 Dupont Ave. N. Carol & Gary'Meinke 3601 47th Ave. N. Renewal: Boyer Palmer 6101 Beard Ave. N. James & Bobbie Simons 6109, 11, 13 Beard Ave. N. Earl James Backer 6018 Brooklyn Blvd. Henry & Juanita Holm 5206 Drew Ave. Thomas B. Egan 5239,, 41 Drew Ave. N. R.J.S. Properties 5240 Drew Ave. N. Jeffrey K. Vest 5557 Knox Ave. N. Gerald & Elaine Theis 6719 Toledo Ave. N. Cosmopolitan Apartments 3401 -3413 47th Ave. N. Quality Investment Co. 3513 47th Ave. N. Robert Huber 3613 47th Ave N. Donald E. Soba.nia 3701 47th Ave. N. Nordic Properties 3713 47th Ave. N. L. H. Hanggi 3725 47th Ave.N: Mrs. Emilia Krzesowiak 3001, 07 51st Ave. N. SIGN HANGER'S LICENSE Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. SWIMMING POOL LICENSE Earle Brown Farm Apartments 1701 -07 69th Ave N. Spa Petite 5615 Xerxes Ave. N. Brookdale Ten Apartments Hwy. 100 & 53rd Ave Hi Crest Apartments 1300 67th Ave. N. Northbrook Apartments 1302 69th Ave. N. Northlyn Apartments 6511 Humboldt Ave. Ni Four Court Apartments 2836 Northway_Drive 4 -25 -83 -5- I . Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City. Manager introduced a Resolution Accepting Bid and Approving Contract 1983- D (63rd Avenue Water Main Improvement Project No. 1983 -02). The Director of Public Works referred Council members to several memorandums prepared by staff regarding the consideration of bids received for contract 1983 -D (63rd Avenue North Water Main Improvement). The Director of Public Works stated that, based on the information presented in the memorandums, he recommends the contract be awarded to the second low bidder. Councilmember Theis inquired whether the Director of Public Works had discussed with the contractor the past performance situation contained in the staff memorandum. The Director of Public Works stated that he has not discussed the situation with the contractor since the bids were opened but noted that he has had previous experience working with the Minn -Kota Excavating Inc. in his previous capacity as Director of Public Works for the City of St. Cloud. Councilmember Theis then asked at what level were the problems experienced with the contractor. The Director of Public Works stated that the problems were at the management level and also concerned the contract performance. Councilmember Theis requested the Director of Public Works to comment on the inspection costs related to a project of this nature. The Director of Public Works stated that the normal inspection costs for a project of this type are from 3% to 5% but that if it is a problem project the inspection costs can double or triple. Councilmember Lhotka stated that he was in favor-of the staff recommendations regarding the project. RESOLUTION NO. 83 -71 Member GeneIhiotka introduced the following resolution and moved its adoption: RESOLUTION-ACCEPTING BID AND APPROVING CONTRACT 1983 -D (63RD AVENUE NORTH WATER MAIN IMPROVR= PROJECT NO. 1983-02) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes. Mr. John Dean, representing the City attorney's office, suggested that the Council ask if there is anyone present from Minn -Kota Excavating Inc. who would like to address the Council. Mayor Nyquist then inquired if there was anyone present from Minn -Kota Excavating Inc.,,and subsequently recognized an individual who stated that he was representing Minn -Kota Excavating Inc. He stated that he had received a memorandum prepared by the staff concerning the consideration of bids for the contract but that he had not had time to review them. He stated he feels that the company can complete the project according to the specifications and on time, and that Minn -Kota Excavating Inc. -did submit the bid in good faith and is prepared to meet the liabilities with regard to the completion of the project. Upon vote being taken on the resolution, 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 duly passed and adopted. 4 -25 -83 -6- The City Manager introduced a Resolution Receiving City Engineer's Report, Establishing Lions Park Tennis Court Improvement Project No. 1982 -21, Phase II, Approving Plans and Specifications and Ordering Advertisement for Bids (Contract 1983-F). Co Scott inquired what the total cost of the tennis courts in Lions Park would be. The City Manager explained the cost of the soil correction work was $19,000 and that the estimated cost of the construction of the courts would be $28,000 for a total estimated project cost of $47,000. He added that this cost includes two tennis courts, a ball wall, and an asphalt area around the ball wall. RESOLUTION NO. 83-72 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING LIONS PARK TENNIS COURT IMPROVEMENT PROJECT ITO. 1982 -20, PHASE II, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1 -F) 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 saidresolution was declared duly passed and adopted. RESOL UTION NO. 83 -73 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 3 TO CONTRACT 1982 -M (PALMER LAKE BASIN IMPROV=T PROJECT N0, 1982 -25) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted RESOLUTION NO. 83 -74 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1983 -07 (CIVIC" CENTER HVAC SYSTEM IMPROVEMENTS) AND APPROVING PURCHASE OF COILS FOR HEAT,EXCHANGE SYSTEM 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. The City Manager introduced a Resolution Amending 1983 Budget and pointed out that the resolution would provide for the addition of a third computer terminal- and printer in the police department. Councilmember Lhotka inquired whether the equipment was a necessity in the police department. The City Manager explained that the equipment is needed now and noted that as the operator looks at the screen 4 -25 -83 -7- the data must be entered in sequence. He added that the dispatchers are often interrupted in their work at the screen and it takes between 5 and 15 seconds to paint an entire screen. He pointed out that, because of the many disruptions on the current equipment, it is necessary that the dispatchers have a terminal in their work area. RESOLUTION NO. 83-75 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1 983 GENERAL FUND BUDGET 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 Accepting Quotations and Authorizing Purchase of Park Storage Buildings. He pointed out that the resolution comprehends two storage buildings for Central Park as part of the park bond improvements. Councilmember Lhotka inquired where the buildings would be located. The City Manager explained the buildings would be located near the softball and baseball diamonds. RESOLUTION NO. 83 - Member eliac the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AUTHORIZIIIG PURCHASE OF STORAGE BUILDINGS FOR CENTRAL PARK 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. i The City Manager introduced a Resolution Accepting Bid for Plant -Mixed Bituminous Mixtures. Councilmember Hawes inquired whether the asterisk indicated on the resolution should refer to the bid by Commercial Asphalt or by Bury and Carlson, as indicated on the resolution. The Director of Public Works - stated that the reference to Busy and Carlson by the asterisk is a typographical error and that the asterisk should refer to Commercial Asphalt Company. RESOLUTION NO. 83-77 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR PLANT -MIXED BITUMINOUS MIXTURES 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 therof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared j duly passed and adopted. 4 -25 -83 -8- RECESS The Brooklyn Center City Council recessed at 8:03 p.m. and reconvened at 8:25 p.m. FINAL PLAT - BROOKWOOD RESIDENCES The City Manager explained that the final plat is the subdivision of vacated T.H. 100 right of way and adjacent properties to provide for the elderly housing development project. The Director of Public Works reviewed the preliminary plat conditions approved by the City Council at its March 14, 1983 meeting. He explained that the plat is in order meeting conditions Nos. 1, 2, and 6, and that the Brooklyn Center Housing and Redevelopment Authority has authorized execution of the development contract with the developer as required by condition No. 4• He pointed out that the Fremont Avenue North will be vacated by ordinance and will be considered later in this evening's agenda. He added that approval of the ordinance would meet the requirements of condition No. 5. He added that to date the condominium association documents necessary for the development of lots 2 and 3 have not been submitted for review and approval by the City Attorney. He added that it is recommended the City Council waive these conditions for plat approval since this is a responsibility of the Brutger Company. He explained that in doing so the City will deliver the platted parcels in accordance with the contractual agreement with Brutger and yet retain control over the orderly development of the site by requiring administrative review and approval of necessary documents prior to the issuance of building permits. There was a motion by Councilmember Scott and seconded by Councilmember I,hotka to approve the final plat of Brookwood Residences located within vacated T.H. 100 and adjacent properties (Planning Commission Application No. 83005) subject to the following conditions: 1. Preliminary plat condition requiring condominium association documents for Lots 2 and 3 be subject to review and approval by the City Attorney is waived. 2. The requirement that the Brooklyn Center Housing and Redevelopment Authority shall enter into a contract with the developers stipulating condominium form of ownership for Lots 2 and 3 prior to final plat approval is waived. 3. Building permits shall not be issued until the final plat has been filed at the County Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCES AN TNA CE VACATING FREMONT AVENUE NORTH FROM 62ND AVENUE NORTH TO F.A.I. 94 The it�anager introduced the ordinance and explained that the public hearing on the ordinance was continued from the April -1.1, 1983 meeting to this evening's meeting. He referred Councilmembers to a letter dated April 25, 1983 from Mr. John Dean to the Assistant City Engineer. He added that the City Attorney's office is recommending the Council proceed as planned and adopt the street vacation ordinance. He added that the City Attorney recommends the vacation ordinance should not be effective until April 28, 1983 so that the quick take on parcel 10 will be in place. 4 -25 -83 -9- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating a Portion of Fremont Avenue North from North Lilac Drive to U.S. Highway 94. 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 An Ordinance Vacating a Portion of Fremont Avenue North from North Lilac Drive to U.S. Highway 94. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83 -7 PZember Gene Lho_fka introduced the following ordinance and moved its adoption with the condition that section 2 of the ordinance be amended to state that the effective date of the ordinance will be April 28, 1983: All ORDINANCE VACATING A PORTION OF FREMONT AVENUE NORTH FROM NORTH LILAC DRIVE TO U.S. HIGHWAY 94 The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. opted . AN ORDINA AMENDING CHAPTER 35 REGARDING THE ZONING CLASSIFICATION OF CERTAIN I.AlLTD fiHe City Manager introduced the ordinance and explained. that the property referred to in the ordinance is located in the elderly housing p J project area and that the ordinance was first read on March 14, 1983, published on March 24, 1983 and is recommended for a second reading this evening. He added that a public hearing on the ordinance has been scheduled for 8:00 p.m. this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 Regarding the Zoning Classification of Certain hand. 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 Lhotka and seconded by Councilmember Scott - to close the public hearing on An Ordinance Amending Chapter 35 Regarding the Zoning Classification of Certain Land. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. ORDINANCE NO. 83-8 Member Bill Hawe troduced the following ordinance and moved its adoption with - the condition that section 3 of the ordinance be amended to state that the effective date of the ordinance will be April 28, 1983: AN ORDINANCE AMENDING CHAPTER 35 REGARDING TIDE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member 4 -25 -83 -10- I 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 ordinance was declared duly passed and adopted AN ORDINAITCE VACATING DRAINAGE AND UTILITY EASEMENTS ALONG THE EASTEMY AND WESTERLY LOT LINES OF LOT 5, BLOCK 1, EARLE BROWN FIRST ADDITION The City P�ager introduu eec -the o finance ana e��ainedit wa�rst read on March 28, 1983, published on April 7 1983 and is recommended for a second reading this evening. He added that a public hearing on the ordinance has been scheduled for 8:00 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Drainage and Utility Easements along the Easterly and Westerly Lot Lines of Lot 5, Block 1, Earle Brown First Addition. 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 An Ordinance Vacating Drainage and Utility Easements along the Easterly and Westerly Lot Lines of Lot 5, Block 1, Earle Brown First Addition. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83-9 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS ALONG THE EASTERLY AND WESTERLY LOT LINES OF LOT 5, BLOCK 1, EARLE BROWN FIRST ADDITION The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. CONSIDERATION OF SPECIFIED LICENSES - ON -SALE INTOXICATING LIQUOR LICENSE FOR C. A. MUER — — The City Manager explained that the approval of the license would be conditioned upon the sale of Meriwether's Restaurant from General Foods to C.A. Muer. He referred Council members to a memorandum from the Chief of Police regarding the recommendations for approval of the license. He pointed out that the staff is recommending that the Council grant approval of the liquor license conditionally upon the submittal of two points of information and their approval by the Police Department. He added that, when a certified copy of the actual sale and the financing information required by the Police Department for investigation have been submitted to the City, and approved, the staff would then send an update with this information to the City Council. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the liquor license application for C. A. ivluer (Meriwether I s Restaurant) with the following conditions: 4 -25 -83 -11- i 1. A certified copy of the actual sale of the restaurant must be submitted to the Brooklyn Center Police Department. 2. A certified copy of the financing information required by the Police Department for its background investigation must be submitted to the Brooklyn Center Police Department and subsequently approved by the Department. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION OF LIQUOR STORE FINANCIAL STATEMENT Mayor Nyquist reviewed the financial statement for the City's liquor stores for the first quarter and pointed out that the profit in the stores is only $4,000, which is down from $12,000 for the same quarter last year. He commented that this does not appear to be a good return on such a large investment. The City Manager commented that the first quarter is typically the slowest part of the year for the stores and that on an annual average the liquor stores add $120,000 to the City's general fund. ADJOURNMENT There was a motion by Council-member Lhotka and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:35 p.m. I I 1 erk Mayor I j I I 4 -25 -83 -12