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HomeMy WebLinkAbout1982 01-11 CCM Regular Session =•a 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 JANUARY 11, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bubl;itz. Also present were Councilmen -elect Bill Hawes and Rich Theis. INVOCATION The invocation was offered by Pastor McFarland of Brooklyn Center Church of Christ. i APPROVAL OF MINUTES - DECEMBER 21, 1981 There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of December 21 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against; none. The motion passed. Councilmember Scott abstained from the vote as she was not present at the December 21, 1981 meeting. _ f OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum ` session at this evening's meeting. He inquired of the audience if there was anyone present who wished to use the Open Forum session, there being none, he proceeded with the regular agenda items: ADJOURN 1981 COUNCIL Mayor Nyquist thanked Councilmember Kuefler and Councilmember Fignar for their service to the community over the past nine years and expressed the thought that their vast amount of experience on the Council will be missed. { Councilmember Kuefler thanked the citizens of Brooklyn Center for electing him to three terms in office and noted that he would do it all over again and recommends it very highly. He stated that he has enjoyed working, over the past nine years, with the City's Park & Recreation Commission and that he is proud of the work they did and of the contribution they made to the improvement of City parks. He stated that another issue he considered noteworthy was the utilization of economy cars for the Police Department and City staff in 1974. He stated that Brooklyn Center was one of the first: cities to use economy cars in this fashion and that they were a leader in this area. He also noted that he believes the CEAP organization will prove to be even more f 1 -11 -82 -1- important in the delivery of services in the future with its great use of volunteers::. He stated the City was fortunate to have Madeleine Roche serve as the Executive Director of CEAP'and noted that a person of such great compassion does not come; along too often. Councilmember Kuefler also stated that he believes progress has been made in the area of Department head salaries and that he would encourage the City Council to continue the work in this area to allow the City to continue to attract top quality people to Department head positions, noting that the goal would be fairness for the Department head and also for the taxpayers Councilmember Kuefler stated that he felt positive about the growth and development of the Association of Metropolitan Municipalities and that he believed this is a- very important organization to continue. He also stated he is pleased with the commercial development in the City and believes the Council has been able to work with Developers for positive development. t In conclusion, Councilmember Kuefler stated that he would like to thank the City Manager and City staff noting that he believes the City has an excellent staff. He also thanked the members of the City Advisory Commissions stating that their involvement has been very good and is important to the City. He also thanked past Mayor Cohen and Mayor Nyquist -and finally thanked his wife. He added that he would dike to offer best wishes to the new City Councilmen. Members of the City Council and staff and members the audience proceeded to give a standing ovation to Councilmember Tony Kuefler. Mayor Nyquist recognized Councilmember Fignar who proceeded to recount the story of t how the Director of Finance, shortly after he was elected as a Councilman, explained the City's pension plan to him. He pointed out that the 'Director of Finance explained to him that in order to receive a pension he would have to serve on the Council for ten years. He noted that he will be retiring from the Council with only nine years., of service and would not be eligible for pension and jokingly pointed out that serving on the Council to receive a pension was not a very good reason to serve_ He noted that he was elected in 1972 and at that time the population of Brooklyn Center was 36,000, and that today the population is somewhat over 31 He noted the growth in City employees from 112 in 1972 to 129 today and that he believes the service to the residents of Brooklyn Center has increased accordingly over those years. Councilmember Fignar stated that he was fortunate to have input into the origins of the Housing Commission, noting that he worked on the creation of the City's first Housing Commission. He stated the Commission has accomplished some good work over the years and has developed a good housing maintenance ordinance. He noted that be believes the Industrial Revenue Bond Program was important to the development of the City. He also observed that, although CEAP has had its ups and downs over the years, and has moved from an old to a new building, he believes it is an important organization to the City. He also stated he believed it was important to keep the County library site in Brooklyn Center and that the highway development now occurring in the City will be a great benefit to the City when it is completed. He noted that } he was also proud to have been a part of the formation of the City's Industrial Park t 1 -11 -82 -2 Councilmember Fignar expressed thanks to the City staff and City Council and wished ' the best of luck to Rich Theis and Bill Hawes and noted that his wife, two daughters, and son -in -law were present this evening in the audience. He stated it was his pleasure to serve the City of Brooklyn Center for the past nine years and that he I hopes he has left it a better place to live. y The City Council, City staff, and members of the audience in attendance proceeded to give Councilmember Fignar a standing ovation. Mayor Nyquist recognized Councilmember Lhotka who stated that he had learned a lot' they , from Bill and Tony. over the past years even though y have not always agreed on issues He also wished them the best of luck in the future. j I Councilmember Scott thanked Bill and Tony and commended the leadership they provides to both the City and other members of the Council for many years. I Mayor Nyquist thanked both Councilmember Kuefler and Fignar and noted that he believed they contributed greatly to what he considered an excellent City Council. � I There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to F adjourn the 1981 City Council. Voting in favor: Mayor Nyquist, Councilmembers i Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:28 p.m. ADMINISTER OATH OF OFFICE The City Manager administered the Oath of Office to Mayor Dean Nyquist. The City Manager administered the Oath of Office to Councilman elect Bill Hawes mt r Councilman elect Rich Theis. Councilmen Hawes and Theis then proceeded to take their seats at the Council table. CALL TO ORDER 1982 CITY COUNCIL The 1982 City Council was called to order by Mayor Dean Nyquist at 7:31 p.nr. i ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Ri y Theis. Also present were City Manager Gerald Splinter, Director of Financ,e;Pau Holmlund, Director of-Planning & Inspection Ron Warren, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistants Brad° Hoffman and Tom Bubiitz. EMPLOYEE SERVICE RECOGNITION PROGRAM The City Manager pointed out that tonight is the third annual presentation by the City Council of service awards to City employees to 'recognize years of service by those employees to the City. Recognition, he pointed outs is to be given tonight to those employees who during 1981, observe the anniversary of either 20. ox 25 ti years of permanent full - time employment with the City. He noted the awards are part of a service recognition program approved by the City Council in 197% that Richard J. Schwab, Street & Parks Supervisor and Glenn W. Leiter, Publlc Utilities Maintenance Worker, will be recognized this evening for 20 yeams se' to the City. x 1 -] 1 -82 -3- Mayor Nyquist proceeded to present the service awards to Mr. Schwab and Mr. Leiter and expressed his thanks on behalf of the City Council for their years of service' to the City, The City Council, City staff, and persons present in the audience proceeded to give Mr. Schwab and Mr. Leiter a standing ovation. Mayor "Nyquist recognized Councilmember Lhotka who stated that he would like to welcome Councilmembers Theis and Hawes to the Council and pointed out that during the next several months many special interest groups will be making requests of the City Council and that he felt both Councilmember Theis and Councilmember Hawes should take into consideration the wants and desires of the entire community before any decision is made, regarding the requests of special groups He congratulated Councilmember Hawes and Councilmember Theis and welcomed them to the Council... SELECTION OF MAYOR PRO TEM There was a motion by Councilmember Hawes and seconded by Councilmember Theis to reappoint Councilmember Scott as Mayor Pro tem. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. 'Voting against: none. The motion passed unanimously. DISCUSSION OF CONSENT AGENDA Mayor Nyquist inquired whether there were any items on the consent agenda that Councilmembers would request be removed from the consent agenda. Councilmember Theis stated he would request that the Resolution Authorizing Execution Of An Agreement For Implementation Of 911 Emergency Number Services be removed from the consent agenda and Mayor Nyquist requested that the Resolution Designating Summit State Bank A Depository Of City Funds be removed from the consent agenda. DESIGNATING OFFICIAL NEWSPAPER There was a`motion by Councilmember Scott and seconded by Councilmember Lhotka to designate the,Brooklyn Center Post as the official newspaper of the City of Brooklyn Center. Voting, in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVAL - B & C ADDITION (PLANNING COMMISSION APPLICATION NO. 8].056) There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the final plat of the B & C Addition (Planning Commission Application No. 81056) subject to the following conditions: 1. The owner shall submit an abstract of title or registered property report to the City Attorney for review and approval prior to filing at the County. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. - 3. No building permit for the proposed Lot 2 shall be 'issued until the plat has been filed by the County. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PERFORMANCE BOND REDUCTION - EARLE BROWN FARM ESTATES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to 1 -11 -82 -4- i 1 apply the existing $60,000 performance guarantee held for Plats I and II of the ? i Earle Brown Farm Estates to Plat III, the bonding requirement for which is $35,000 upon execution of a performance agreement pertaining to same and submission of a rider from the Bonding Company acknowledging that the bond now covers Plat•III. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION RESOLUTION NO. 82 -0 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE CAMDEN NORTHWESTERN STATE BANK A DEPOSITORY OF CITY FUNDS 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -0 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIDELITY BANK AND TRUST COMPANY A DEPOSITORY OF CITY FUNDS 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, Bill Hawes, Gene Lhotka, Celia "Scott, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESO LUTION NO. 82 -03 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST BROOKDALE STATE BANK A DEPOSITORY OF CITY FUNDS 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. i RESOLUTION NO. 82 -0 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION DESIGNATING THE FIRST NATIONAL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1 -11 -82 -5- RESOLUTION NO. 82 -05 ' Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION DESIGNATING THE FIRST PLYMOUTH NATIONAL BANK A DEPOSITORY OF CITY FUNDS 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE HENNEPIN FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -07 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST FEDERAL SAVINGS & LOAN ASSOCIATION A DEPOSITORY' OF CITY FUNDS 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -08 Member Celia Scott introduced the following resolution and moved its adoption: f RESOLUTION DESIGNATING THE MARQUETTE NATIONAL BANK A DEPOSITORY OF CITY FUNDS 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -09 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE MIDWEST FEDERAh SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS 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 1 -11 -82 -6- favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -10 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE 'TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -11 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING MAYOR NYQUIST'S 1982 SALARY 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -12 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. TONY KUEFLER i R 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, Bill Hawes, Gene Lhotka, Celia Scott,. and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -13 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. BILL FIGNAR 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. 1 -11 -82 -7- RESOLUTION NO. 82 -14 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. JERRY JOHNSON 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -15 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOROTHY BUCKINGHAM 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -16 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENT 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONSIDERATION OF SPECIFIED LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the.on -sale intoxicating liquor license for the Holiday Inn, 1501 Freeway Boulevard. 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 Lhotka to approve the on -sale intoxicating liquor club license for the American Legion Hall. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the non - intoxicating malt liquor license at Pizza-Feat, 6816 Humboldt Avenue North. Voting in favor : - Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. S LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: 1 -11 -82 -8- ti 4 { CIGARE'T'TE LICENSE Brooks Superette 6800 Humboldt Ave. N. Consumer Vending 2727 26th Ave. S. Bridgeman;'s 6201 Brooklyn Blvd. Music & Vending State St. Dahlco u g Co. Ground Round Restauraht 2545 County Rd. 10 Inter City Oil 3600 63rd Ave. N. Interstate United Corp. 1091 Pierce Butler Rt. State Farm Insurance 5840 Shingle Cr. Pkwy. K -Mart 5930 Earle Brown Dr. The Pipeseller 1301 Brookdale Ctr. Pyramid Petroleum Corp. 2605 County Rd. 10 Servomation 7490 Central Ave. N.E. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Earle Brown Office Bldg. 6040 Earle Brown Dr. Graco 6820 Shingle Cr. Pkwy. Snyder Brothers Drug Brookdale Shopping Ctr. SuperAmerica Stations, Inc. 6545 W. River Road SuperAmerica Stations, Inc. 1901 57th Ave. N. COMMERCIAL KENNEL LICENSE F. W. Woolworth Company Brookdale Shopping Ctr. FOOD ESTABLISHMENT LICENSE Pizza Feat 6816 Humboldt Ave. N. GAMBLING LI Orchard Lane School PTA 3907 63rd Ave. N. GASOLINE•,SERVICE STATION LICENSE Brookdale Car Wash 5500 Brooklyn Blvd. Federal Lumber 4810 N. Lilac Dr. Green Meadows 3319 49th Ave. N. Humboldt Avenue Service 6840 Humboldt Ave. N. Inter City Oil 3600 63rd Ave. N. Northwestern Bell 6540 Shingle Cr. Pkwy. Plum Company 6840 Shingle Cr. Pkwy. Pyramid Petroleum Corp. 2605 County Rd. 10 SuperAmerica Service Stations 6545 W. River; Road, SuperAmerica Service Stations 1901 57th Ave. N. Bill West Service Center 2000 57th Ave. N. MECHANICAL SYSTEM'S LICENSE D & D Anderson Heating R.R. #4 Box 254 Raab Heating & Air Conditioning 1516 S. W. Ave. OFF -SALE NONINTOXICATING LIQUOR LICENSE Brooks Superette 6804 Humboldt Ave. N. 1- -11 -82 -9- ON -SALE CLUB LIQUOR LICENSE Brooklyn Center Am. Legion Post #639 4307 70th Ave. N. ON -SALE INTOXICATING LIQUOR LICENSE Holiday Inn 1501 Freeway Blvd. ON -SALE NONINTOXICATING LIQUOR LICENSE Pizza Feat 6816 Humboldt Ave. N. ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE Holiday Inn 1501 Freeway Blvd. SIGN HANGER'S LICENSE Scenic Sign Company Box 881_ Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Nyquist noted that there were a number of appointments and reappointments to City Advisory Commissions to be made this evening and that he had submitted his appointments to the Advisory Commissions to the City Manager and to the members of the City Council for their review. MAYORAL APPOINTMENTS TO THE PLANNING COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to confirm Mayor Nyquist's appointment of Carl Sandstrom, 3612 53rd Place North, Brooklyn Center and Richard Hager, 3012 Nash Road, Brooklyn Center, to the Planning_ Commission, each for a two year term effective January 1, 1982 to expire December 31, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously, f MAYORAL APPOINTMENTS TO THE CONSERVATION COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to confirm Mayor Nyquist's reappointment of William Price and Barbara Jensen to the Conservation Commission, each for a three year term effective January 1, 1982 to t expire December 31, 1984. Voting in favor: mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. s There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to confirm Mayor Nyquist's appointment of Mr. Everett Carlson to the Conservation Commission to fill the vacancy left by Bernie Wesloh, for a three year term effective January 1, 1982 to expire December 31, 1984. Voting in favor: Mayor Nyquist, i Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 1 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to reappoint Mr. Fred Albright as Chairman of the Conservation Commission. Voting in d a 1 -11 -82 -10- favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MA YO RAL APPOINTMENTS O T THE HOUSING COMMISSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to confirm Mayor Nyquist's reappointment of Mr. Phil Cohen, Mr. Cliff Williams, and Rev. Robert Cilke to the Housing Commission each for a three year term effective January 1, 1982 to expire December 31, 1984. 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 reappoint Ms. Phyllis Plummer as Chairman of the Housing Commission. Voting in favor; Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to confirm Mayor Nyquist's reappointment of Ms. Diane Lemke and Mr. Tom Yencho to the Human Rights Commission each for a three year term effective January 1, 1982 to expire December 31,'1984. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to confirm Mayor Nyquist's appointment, of Mrs. Mary Ellen Rabine to the Human Rights Commission to fill the vacant position left by the resignation of Rev. C. Roger Stacy and to complete his unexpired term through December 31, 1982.; Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to confirm Mayor Nyquist's reappointment of Ms. Jayne Kuhar as Chairman of the Human Rights Commission. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE PARK & RECREATION COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to confirm Mayor Nyquist's reappointment of Ms. Jacqueline Albright to the Park & Recreation Commission for a three year term effective January 1, 1982 to expire December 31, 1984. 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 and seconded by Councilmember Scott to confirm Mayor Nyquist's reappointment of Mr. Bud Sorenson to the Park & Recreation Commission and to confirm Mayor Nyquist's appointment of Mr. Sorenson as Chairman of the Commission for a three year term effective January 1, 1982 to expire December 31, 1984._ Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. _Voting against none. The motion passed unanimously. MAYORAL APPOINTMENTS TO PLANNING COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to 1 -11 -82 -11- confirm Mayor Nyquist's reappointment of Ms. Molly Malecki and Ms. Nancy Manson to the Planning Commission each for a two year term effective January 1, 1982 to expire December 31, 1983. Voting in favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENT TO`NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ' There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to l confirm Mayor Nyquist's appointment of Ms. Ember Reichgott to the Northwest Hennepin x Human Services Council for a two year term to replace Dorothy' Buckingham who resigned; from the Commission on December 31, 1981. Ms. Reichgott's term will become effective January 1 1982 to 'expire December 31, 1983. voting in favor: Mayor Nyquist, Council- members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed I unanimously. Councilmember Lhotka noted that Ms. Reichgott has served as a member of the Brooklyn Center Human Rights Commission for several years and he praised her ability and enthusiasm demonstrated on the Human Rights Commission and stated that he believes she would be an excellent member of the Human Services Council. ? MAYORAL APPOINTMENT OF WEED INSPECTOR There was a motion by Councilmember Scott and seconded by Councilmember Theis to 3 confirm Mayor Nyquist's reappointment of Mr. Brad Hoffman as the City's Weed Inspector. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) In discussion of the Resolution Designating Summit State Bank A Depository Of City j Funds, Mayor Nyquist stated that he suggested pulling this item off the consent { agenda because of the recent problems experienced at the Bank. He stated he is not comfortable with maintaining the Bank as a Depository of City funds. The Director ' of Finance noted that the City does have an existing investment in the Bank and that f the investment is 110% collateralized. The City Manager explained that the Council could designate the Bank as a Depository for the term of the current investment. i t There was a motion by Councilmember Scott and seconded by Councilmember Hawes to continue to use Summit State Bank as a Depository of City funds until the expiration of the current investment period which has been set at April 20, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none.' The motion passed unanimously. In discussion of the Resolution Authorizing Execution Of An Agreement For Implementation, Of 911 Emergency Number Services, the City Manager stated that the agreement is between the City and Northwestern Bell to implement the 911 service. He reviewed the 911 service noting that the screens in the dispatch room will automatically show an address and phone number from the point of origin of the call made on the 911 system. He added that the 911 emergency number system is a State mandated 4 program. ' Councilmember Theis inquired whether the contract was with the parent company or with the local Northwestern Bell Company. The City Manager stated the contract is with the local company. Councilmember Theis then asked whether the charges for the 911 system would increase in accordance with the increases in residential phone bills. The City Manager stated_it would be likely that the costs would rise overtime as 1 1 -11 -82 -12- _ . k i with residential phone bills but that the program is mandated by the State. RESOLUTION NO. 82 -17 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR IMPLEMENTATION OF 911 EMERGENCY NUMBER SERVICE 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, Bill Hawes, Gene Lhotka, Celia Scott, 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 Designating the Representative And Alternate Representative To The Association Of Metropolitan Municipalities and pointed out, he is serving as the Alternate Representative and that Councilmember Kuefler has been serving as the City's Representative. There was a general concurrence among Council members to reappoint the City Manager as the Alternate Representative and to appoint Councilmember Scott as the Representative to the Association of Metropolitan Municipalities There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to F appoint Councilmember Scott as the City's Representative and City Manager Gerald Splinter, as the Alternate Representative to the Association of Metropolitan Municipalities. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -18 Member Rich Theis' introduced the .following resolution; and moved its adoption: t RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES 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, Bill Hawes, Gene Lhotka, Celia Scott, 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 Designating The Director And Alternate Director To The Suburban Rate Authority and pointed out, he is serving as the Alternate Director and Councilmember Lhotka is the Director to the Suburban Rate Authority. -There was a concurrence among Council members to reappoint Councilmember Lhotka as Director and the City Manager as Alternate Director to the Suburban Rate Authority. _i There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to reappoint Councilmember Lhotka as Director and City Manager Gerald Splinter as Alternate Director to the Suburban Rate Authority.` Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed - unanimously. 1 -11 -82 -13 �a RESOLUTION NO. 82 - Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO.'82 -20 Member Celia Scott introduced the following resolution and moved its adoption: PROVIDING FOR THE ISSUANCE AND SALE OF COMMERCIAL DEVELOPMENT REVENUE BONDS PURSUANT TO CHAPTER 474, MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO BROOKDALE OFFICE PARTNERSHIP FOR COMMERCIAL DEVELOPMENT PROJECT 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, Bill Hawes, Celia Scott, and Rich Theis; and the following voted against the same: Gene Lhotka,.whereupon said resolution was declared duly passed and adopted. In discussion of the Resolution Establishing Project, Accepting Engineer's Report, and Calling for Hearing on Improvement Project 1982.. -02 (Reconstruction of Xerxes Avenue North between Trunk Highway 100 and County State Aid Highway 10, 55th Avenue - North between Xerxes Avenue North and Brooklyn Boulevard, and 56th Avenue North between Xerxes Avenue North and Brooklyn Boulevard), the Assistant City Engineer reviewed the project location and the work proposed by the project. Councilmember Lhotka inquired whether any businesses in the project area objected to the project. The Assistant City Engineer stated that at informational meetings held by City staff, the businesses in the area agreed that the roadway repairs were needed but that in 1981 they requested the project laid over. He emphasized that there were no objections to the specific roadway improvement but only to the timing of the project. The City Manager pointed out that the main concern was over the staging of the project and that the staff is prepared to work with businesses in the area on the staging. Councilmember Scott major concern is that cott stated that her . 7 proper notice is given to motorists regarding the construction project when it is undertaken. RESOLUTION NO. 82 - Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING XERXES AVENUE, 55TH AVENUE, 56TH AVENUE, STREET RECONSTRUCT10 PROJECT 1982 -02, ACCEPTING CITY ENGINEER'S REPORT, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, AND PROVIDING FOR PUBLIC HEARING ON PROPOSED IMPROVEMENT PROJECT NO- 1982-02 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 t 1 =11 -82 -14- in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -22 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID'FOR'FOUR (4) COMPACT POLICE PATROL SEDANS 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: - none, whereupon said resolution ) was declared s e laced duly passed and adopted. j The City Manager introduced a Resolution Accepting Bids for 1500 GPM Fire Pumper. He explained that the bid specifications prepared by the City allowed for, "house cars ", those which are prebuilt and therefore can be obtained at a lower price. { He explained that the Alternative Number One Bid submitted by American LaFrance s has met the City's specifications except that it has a smaller diesel engine than which was originally called for in the specs. He stated that the Alternative j Number One Bid submitted by American LaFrance does meet the fire fighting require ments of the Fire Department. He noted that another consideration in the bid was the time of delivery that being 60 to 80 days for the American LaFrance bid whereas, equipment which was not prebuilt would require significantly longer periods for delivery. He pointed out the short delivery time of the American LaFrance truck is an important consideration. RESOLUTION NO. 82 -23 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR 1500 GPM FIRE PUMPER j II The motion for the adoption of the foregoing resolution was duly seconded by i member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -24 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 89 AND THE CITY OF BROOKLYN CENTER 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, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution ' was declared duly passed and adopted. 1 -11 -82 -15- ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES INSTITUTING FLOOD PLAIN MANAGEMENT REGULATIONS The City Manager reviewed the Flood Plain Management Ordinance for Council members. The Director of Planning & Inspection stated that the Flood Plain Management Ordinance is recommended to be adopted as part of the City's Zoning Ordinance and would essentially be an overlay ordinance over the existing zoning ordinance. He pointed out the ordinance designates the Flood Plain in the City and regulates activities which may be conducted in the Flood Plain. He pointed out that the regulations imposed are related to flood insurance eligibility for City residents and are mandated by the federal agency regulating the flood insurance program which is the Federal Insurance Administration The Director of Planning & Inspection proceeded to review the designated fl.00dway area, flood fringe area, and flood plain area and reviewed activities and structures which are permitted in each of the areas. He explained that the flood insurance data has been incorporated into the ordinance proposed for adoption this evening. He added that the City is under deadline by the federal government to adopt the ordinance by the middle of February of this year to continue the flood insurance program. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading an Ordinance Amending Chapter 35 Of The City Ordinances Instituting Flood Plain Management Regulations. Voting in 'favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. RECESS The City Council recessed at 8:30 p.m. and reconvened at 9:02 p.m. ORDINANCES (CONTINUED AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING PROVISIONS FOR HOME OCCUPATIONS The Director of Planning & Inspection reviewed the proposed ordinance and noted that it was previously tabled by the City Council. He stated that the ordinance repeals the definitions for home occupation and special home occupation and that Sections 35 -405 and 406 have been added. He stated that the change in this ordinance from the ordinance which was tabled by the City Council previously is in the area of parking. He referred Council members to Section 35 -406, paragraph 7, which stated that "no automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on- street parking,._the City Council may authorize parking on the street based upon a consideration of Section 35 -220.2 and of the followings a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. C. Preservation of the residential character of the neighborhood" 1 -11 -82 -16- >, ti t Councilmember Lhotka inquired whether there would be any conflicts with those individuals permitted to have on- street parking and those who are not with regard to home occupations. He added that this appears to be a double standard. The City Attorney stated that the home occupations, both special and permitted have always been separate in the ordinance. He stated he does not believe it represents.a legal problem since there is a rational basis for each category of home occupation. In response to another question by Councilmember Lhotka, the City Attorney stated that the ordinance amendment language does not include reference to the automobiles of the occupants of the dwelling used for the home occupation. He stated that the ordinance does not prohibit parking of the occupant's cars on the street. Councilmember Lhotka commented that if an individual is requesting ,a home occupation that requires on- street parking perhaps it should not be classified as a home occupation.- The Director of Planning & Inspection stated that the definition of the home occupation is that it is incidental to the residential nature and use of the residence along with other requirements such as parking and incidental items. The City Attorney stated that if the City Council feels that on- street commercial parking is incompatible with the residential nature of a neighborhood then that provision should be taken out of.the ordinance. Councilmember Hawes stated that he recalls the Planning Commission Application submitted by Ms LaVonne Malikowski for a ceramic class where a special situation existed. He stated that this ordinance amendment seems to address that situation where a special situation exists and that it appears to work out the problem very well. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading an Ordinance Amending Chapters 34 and 35 Regarding The Provisions For Home Occupations. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, • Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDINANCE VACATING THE ALLEY IN BLOCK 1, NE PERKINS ADDITION (BETWEEN DUPONT AVENUE NORTH AND EMERSON AVENUE NORTH, FROM 54TH TO 55TH AVENUES NORTH) The City Manager pointed out that the petition to vacate the alley had been made by the abutting property owners. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading an Ordinance Vacating The Alley In Block 1, NE Perkins Addition (Between Dupont Avenue North and Emerson Avenue North, from 54th to 55th Avenues North). Voting in. favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DECLARATION OF SURPLUS PROPERTY There was a motion by Councilmember Scott and seconded by Councilmember Hawes to declare as surplus City property the Northwest Reporters series 1 and 2 and to authorize their sale. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS UPDATE ON STATE MUNICIPAL AIDS STATUS The City Manager reviewed the information bulletin regarding state and local financial _ I -11 -82 -17 crisis prepared by the League of Minnesota Cities. He stated that the legislature still has not come to an agreement to resolve the fiscal problems. He 'inquired' whether the Council had any input regarding possible cutbacks or 'potential cuts in the City budget which may be necessitated by "the cuts in state aids. He noted s that the City is taking the long range approach with regard to any potential cuts and is not considering cuts as a short term remedy. Mayor Nyquist stated that he agrees with the staff's approach and believes that `a long range approach to the fiscal problems is good. a The City 'Manager stated that the staff will keep the Council informed as things Frogress with the regard to the fiscal rroblems. GAMBLING LICENSES ORCHARD LANE ELEMENTARY SCHOOL PARENT- TEACHER ASSOCIATION REQUEST FOR CLASS A GAMBLING LICENSE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the class A gambling license for the Orchard Lane elementary school Parent- Teacher Association. 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 4 approve the waiver of a $10,000 fidelity bond for the Orchard Lane elementary school .? Parent - Teacher. Association.- Voting in favor: Mayor Nyquist,'Councilmembers Lhotka Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.. ° MAYORAL APPOINTMENTS Mayor Nyquist noted that he is designating Councilmember Bill Hawes as the Council liaison to the Park & Recreation Commission >and Councilmember Rich Theis as the l is is on to the Housing Commission. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist,_Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously_ The Brooklyn Center City Council adjourned at 9:47 p.m. f , i n Clerk Mayor. 3 } 1 -11 -82 -1$-