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HomeMy WebLinkAbout1982 01-25 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 JANUARY 25, 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 7:07 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 Holmlund, Director of Planning & Inspection Ron Warren, Director of Parks & Recreation Gene Hagel, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, Purchasing Coordinator Brad Hoffman and Deputy City Clerk Tom Bublitz. INVOCATION The invocation was offered by Councilmember Theis. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council, there being none, he proceeded with the regular agenda ftems. 'he City Manager stated that approval of the December 7, 1981 Council minutes should be removed from the consent agenda since Councilmember Theis and Hawes were not voting at the December 7th meeting. APPROVAL OF MINUTES - REGULAR SESSION, DECEMBER 7, 1981 AND JANUARY 11, 1982 The City Manager pointed out that there was a correction on page two of the January 11, 1982 minutes, noting that one paragraph had been repeated twice and that the Council had received the corrected version of the minutes this evening. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of December 7, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, and Scott. Voting against none. The motion.passed. Councilmembers Theis and Hawes abstained from the vote as the meeting was held in 1981. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the . City Council meeting of January 11, 1982 with the correction noted by the City Manager. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. RESOLUTIONS wESOLUTION NO. 82 -25 Member Gene Lhotka introduced the following resolution and moved its adoption: 1 -25 -82 -1- RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (WELL NO. 6 RECONDITIONING PROJECT 1982- 01)(CONTRACT 1982 -A) 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 'duly passed and adopted, The City Manager introduced .a Resolution Establishing Diseased Shade Tree Removal .Project No. 1982 -04, Approving Specifications For Diseased Shade Tree Removal Project No. 1982 -04, And Directing, Advertisement For Bids (Contract No. 1981 -C). The City Manager noted that the State of Minnesota has dropped the mandate for diseased elm removal and has reduced the funding significantly for the program. He explained the potential funding problem for Council members and noted that this resolution could be modified at a later date by the Council Councilmember Scott inquired what the total cost of'the elm removal program was in 1981. The Director of Public Works stated that the contract removal costs for elms was $34;000 but added that this did not include the cost of reforestation. Council- member Scott then inquired if there was any deadline required for approval of this resolution. The City Manager stated that it is best to get the tree contracts bid .early but it is not at a critical point at this evening's meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table consideration of the Resolution Establishing Diseased Shade Tree Removal Project No. 1982 -04, Approving Specifications For Diseased Shade Tree Removal Project 'No. `- 1982 -04, And Directing Advertisement For Bids (Contract No. 1981 -C) to the first meeting in February. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -26 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING CLASSIFICATION LIST OF NONCONSERVATION LAND IN HENNEPIN COUNTY 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: bean 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. DISCUSSION 'ITEMS 1982 LEGISLATIVE PROGRAM FOR BROOKLYN CENTER - The City Manager reviewed a staff memorandum which outlined several legislative proposals for 1982 He added that in addition to the proposals 'outlined ` in the memo, the _League of Minnesota Cities is also seeking support for Senate File No. 398, an amendment to.the Data Practices Act which will hopefully make this cumbersome data privacy law more workable for local governments 1 -25 -82 -2- Eouncilmember Lhotka inquired about the status of the 1981 bill to partially reimburse the City for construction of the traffic signals at 73rd and West River Road. The City Manager explained that Brooklyn Center's local representatives did not introduce the bill since they felt it did not have any chance of passage. Councilmembek'Lhotka °that he would like to see the bill introduced at this session explaining that he believes the cost to the City was quite significant. The City Manager reviewed the current drunk driving laws pointing out that judges have been declining to assess fines with regard to these types of violations. The City Attorney pointed out that there are not many cases where persons plead guilty to a DWI charge and no fine is paid, but rather the judge may stay a portion of the fine noting that a $500 fine may be reduced to $300. He stated that attorneys try to negotiate reductions in the charge and sentencing. He stated that judge's claim this cannot be negotiated but the courts are attempting to keep cases from coming to trial because of the great number of cases. Because of this, he pointed out, there is pressure to negotiate sentences. He added that some judges are reluctant to assess fines feeling that it is enough to get the individual into some type of treatment program. He explained that the key to the problem in his opinion is the attitude of the judges and jurors when a person is found guilty of a DWI charge. He stated that changes in the fines and jail sentences may help but the attitude of judges and juries are the key. Mayor Nyquist asked about the status of the bill to lower the speed limit on local streets to,25mph. The City Manager noted that this bill does not appear to have much chance since MNDOT is opposed to any changes in current speed limits. The City Manager,stated the staff is recommending that the Council authorize the legislative program proposed by the staff noting that authorization does not necessarily mean implementation. There was a general consensus among Council members to endorse the legislative Proposals submitted by staff which included a 25mph speed limit law, energy legislation,.partial reimbursement for the traffic lights installed at 'West River Road and 73rd Avenue, amendments to the Data Practices Act, amendments to the DWI Laws, and the loan program related to the senior housing program. ORDINANCES e AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES INSTITUTING FLOOD PLAIN MANAGEMENT REGULATIONS The City Manager explained that this ordinance was first read at the January 11, 1982 meeting, published on January 14, 1982, and is recommended for a second reading this evening. He explained a public ,hearing on this < ordinance ' has been scheduled for 7:30 p4m. this evening. Coun+cilmember Lhotka inquired what the impact of the:- ordinance would be on .residential development. The Director of Planning & Inspection explained that expansion of homes into the flood fringe or floodway would come under certain building restrictions noting that the height of the first floor of the building would have to be constructed 1' above the 100 year flood level. Councilmember Lhotka stated that he has a concern that the flood plain zoning would establish a boundary and it could dictate .what activities could be undertaken in the critical area as designated by the comprehensive plan. The Director of Planning & Inspection stated that the critical area refers primarily to regulating the slope of the river and he does not,believe.the flood plain regulations would have an impact on this. 1- 25--82 -3- 3 Councilmember Hawes noted an error in panel four of the'flood; plain map noting. that the Avenue indicated as 52nd Avenue should be 53rd. Councilmember Lhotka stated that he has a concern that there may be a conflict between the flood plain regulations and the critical area boundaries. Co Lhotka also inquired why the properties west of :I -94 are included in the critical area. The Director of Planning -& Inspection noted that the final regulations" regarding the critical area designation are not yet adopted and he stated that he believes the designation of the critical area would have a minimal impact on existing development along the river. The Director of Planning & Inspection stated that he, would investigate this matter further and report back to the Council regarding his findings on the critical area designation with regard to the flood plain zoning. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance - Amending Chapter 35 Of The City Ordinances Instituting Flood Plain Management Regulations. He inquired if there was anyone present who wished to speak at the public hearing_` No one appeared to speak. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on 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. ORDINANCE NO. 82 -1 Member Celia Scott introduced the following ordinance and moved its adoption:' AN ORDINANCE AMENDING' CHAPTER 35 OF.THE CITY ORDINANCES INSTITUTING FLOOD PLAIN MANAGEMENT REGULATIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, 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 ordinance was declared duly passed and 'adopted. AN ORDINANCE ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS - CREATING A HAZARD FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE'PREVENT10N AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES The City Manager stated that this ordinance has been under review for some time by his office, the Fire Department, and.the City Attorney's office.' The City Attorney pointed out that there are portions of the ordinance which are yet to be completed by the Council pointing out that the code controls location and storage of flamable liquids and the Fire Chief is recommending that this regulitit be uniformly enforced throughout the City. The City Attorney pointed out that he has added as a feature to the code the option for the City to collect fees with relation to special facilities within the City. He also stated that he has added the option to allow the City to recover the cost of prosecution for violations of the ordinance. Finally, he pointed out, the Fire Department is recommending that the National Fire Protection Association standards should be added to the code.. 1 -25 -82 -4- He pointed out an example of the Uniform Fire Code noting that prohibits candlelight services in churches. He requested the representative of the 'Pike Department to clarify the Fire Department's policy on candlelight services. Mr. Jerry Pedlar,; Fire Marshall for the City pointed out that churches have, in the past, used candles in their services without enclosures. He noted that the Fire Department is recommending glass enclosures around all candles used in candlelight services and that the churches have been following this recommendation quite well. The City Attorney stated that the first reading of the ordinance could be declared this evening and the recommended changes in the ordinance could be made without returning again to the Council for another first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Adopting A Uniform Fire Code, Prescribing Regulations Governing Conditions Creating A Hazard From Fire Or Explosion, And Establishing A Bureau Of Fire Prevention And Providing Officers.Therefor And Defining Their Powers And Duties. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PANNING COMMISSION ITEMS APPLICATION NO. 82001 SUBMITTED BY WILLIAM DALE FOR PRELIMINARY PLAT APPROVAL TO RESUBDZVIDE THE LAND AT 4815 FRANCE AVENUE NORTH AND THE VACANT PARCEL TO THE WEST BY SHIFTING THE COMMON PROPERTY LINE EASTWARD TO THE DALE TILE PARKING LOT The Director of Planning & Inspection pointed out that there is no one present at this evening's meeting to represent the applicant in this application. Mayor Nyquist inquired of the Director of Planning & Inspection whether the application should be laid'over until later in the meeting, should a representative of the applicant arrive The Director of Planning & Inspection stated that this would be the proper procedure. APPLICATION NO. 82002 SUBMITTED BY DONALD STARK FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE A 100' BY 200' VACATE R1 LOT SOUTH OF 56TH AVENUE NORTH, ON THE EAST SIDE OF CAMDEN AVENUE NORTH AND APPLICATION NO. 82003 FOR A VARIANCE FROM THE SUBDIVISION ORDINANCE, SECTION 15 -106: G.2 (DD) TO ALLOW TWO RESIDENTIAL LOTS WITH A DEPTH LESS THAN 110' The Director of Planning & Inspection presented and reviewed for Council members pages 3 through 5 of the January 14, 1982 Planning Commission minutes and also the Planning Commission information sheets prepared for Application Nos. 82002 and 82003. The Director of Planning & Inspection proceeded to review the location of the subject parcel and pointed out that Mr. Stark's parcel is short 10' on the depth of the lot but does exceed the width and area requirements as per the City ordinance. He also reviewed past precedents for variances with regard to lot depth'. He explained that the Planning, Commission held a public hearing on the application on January 14, 1982 and that a representative of the applicant is present this evening. He then stated that the Planning Commission recommended approval of Application No. 82002 at its January 14, .1982 meeting subject to four conditions which he reviewed for Council members.. He added that conditions three and four have been met 'by the applicant and need not be considered by the City Council this evening. He stated that the Planning Commission also recommended approval of Application No. 82003 subject to three conditions which he reviewed for Council members. He pointed out that a public hearing is _required, that the applicant, is present this evening 1 -25 -82 -5- and that the proper notices regarding the public hearing had been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application' Nos. 82002 and 82003 and inquired if there was anyone present who wished to speak. No one appeared to speak and Mayor Nyquist 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 Application Nos. 82002 and 82003.- 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. 82002, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions'of Chapter 15 of the City Ordinances, with the exception of the lot depth requirement. 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 approve Application No. 82003 on the grounds that the standards for subdivision ordinance variances are met `based _on the following: 1. The two lots meet the requirement for width and area and make appropriate use of "land served by two access points. 2. The size; of the existing parcel was determined by taking of land for public right -of -way. 3. The variance will not cause a detriment to surrounding properties. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPLICATION NO. 82005 SUBMMITTED BY JAMES MADDEN /EARLS BROWN BOWL FOR A SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO EXPAND THE BAR AND LOUNGE AT THE EARLE BROWN BOWL AT 6440 JAMES CIRCLE The Director of Planning & Inspection presented and reviewed for Council members pages 5 through 6 of the January 14, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82005. The Director of Planning & Inspection stated that the applicant proposes expansion of the 'liquor lounge through interior remodeling to gain additional area which would allow for an increased seating capacity. He pointed out the proposal also comprehends the elimination of the existing entrance in the construction of two new entrances on the west side of the building. He added that, included in the requests is the upgrading of an existing entrance on the north side of the building. He proceeded . to review the site and building plan submitted by the applicant and also a transparency 1- 25-82 -6- F showing the existing configuration of the interior of the Earle Brown Bowl. The Director of Planning & Inspection noted that the applicant has indicated his intent to create a supper club environment and provide 150 restaurant seats. He also reviewed the proposed building plans submitted by the applicant which showed an expansion which :would add 36 seats to the liquor lounge. The Director of Planning &'Inspection pointed out that the Planning Commission recommended approval of ' Application No. 82005 subject to seven conditions which he reviewed for Council members. He noted that condition no. 7 has been met by the applicant and need not be considered by the Council this evening. - Mayor Nyquist inquired whether the Council could add a condition regarding the food and liquor sales split of the applicant as per the City ordinance requirements . The City Attorney stated that the special use permit must meet all applicable City codes and regulations noting that the food /liquor split is suggested in the City Manager's recommendation to postpone the matter for 60 to.90 days or until such time as the Earle Brown Bowl has shown a pattern of meeting the ordinance requirements. Mayor Nyquist recognized Mr. Jim Madden representing the Earle Brown Bowl. Mr. Madden stated that his food sales have increased somewhat in the past month noting that the food sales in December totaled 46% and in January they totaled 42 %. He reviewed his efforts at promoting the supper club environment for the Earle Brown Bowl stating that he had placed °ads, promotions, radio spots and that _a TV spot is planned to promote the supper club concept for the, Earle Brown Bowl. Councilmember Lhotka stated-that he is concerned about the expansion of the lounge area as requested by the applicant and supports the staff recommendation to wait until we see what transpires with regard to the supper club concept. Councilmember Hawes stated that he agrees with Councilmember Lhotka and that perhaps the situation could be reviewed again in 30 days. Mayor Nyquist inquired whether the Council could require as -a condition of approval, the authority to allow the City Manager to approve the application when the food /liquor split of the Earle Brown Bowl is in compliance with the City ordinance. The City Attorney stated he does not think this would be workable since the business may reach a 50/50 'split on a given day but that this does not necessarily mean a solid pattern 'of food' sales over liquor sales has been established. Councilmember Theis stated that perhaps when the food /liquor split is 'met for one or two months then the Council could approve the application. There was a'motion by Councilmember Scott and seconded by Councilmember Hawes to table consideration of Application No. 82005 submitted by James Madden /Earle Brown Bowl for 'a site and building plan and special use permit approval to expand the bar and lounge at the Earle Brown Bowl at 6440 James Circle to the February 22, 1982 Council meeting and at that time to reexamine the food /liquor sales split of the Earle Brown Bowl.' 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 8:50 p.m. and reconvened at 9:10 p.m. PLANNING COMMISSION ITEMS (CONTINUED) 1 -25 -82 -7- APPLICATION NO. 82006 SUBMITTED BY FARRELL'S FOR SPECIAL USE PERMIT APPROVAL TO CONVERT A 17' x 28' DINING ROOM INTO A GAME ROOM FOR USE BY RESTAURANT PATRONS AT 5524 BROOKLYN BOULEVARD I q The Director of Planning & Inspection presented and reviewed for Council"inembers page 7 of the January 14, 1982 Planning Commission minutes and also the Planning Commission information for Application No. 82006. He stated that the applicant has indicated the game room would be for the enjoyment of restaurant patrons and that no food or drink would be allowed in the game room. He added that the 'applicant has stated that the game room will be supervised. The Director of Planning & Inspection also.pointed out that the game room is accessory to the restaurant facility. He noted that the Planning Commission held a public hearing on Application No. 82006 and that the Planning Commission recommended approval of the application subject to four conditions which he reviewed for Council members. Mayor Nyquist inquired of the applicant how the games would be restricted to restaurant patrons. Mr. Tom Schlueter,; Manager of Farrell's Restaurant stated that he is not sure at this point but that some thought has been given to tokens which would be tied into menu items. The Director of Planning & inspection pointed out that the property is zoned C2 and game rooms (amusement centers) are permitted in the C2 zone by special use permit, provided they do not abut Rl, R2 or R3 property either at a property line or street line. He pointed out that in the past, abutment with residential property across a state highway, such as Highway 100 has not been .considered -true residential abut nt but that in this case there is also a frontage road which lies between the restaurant and the residential areas and that this frontage road would eliminate any abutment to R1, R2 or R3 properties. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application 'So. 82006 and inquired if there was anyone present who wished to speak at the public tearing. No one appeared to speak and Mayor Nyquist entertained a motion to close the public hearing. `�aere was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 82006. Voting in favor: Mayor Nyquist, Muncilmembers Lhotka, Scott, Hawes, and Theis. 'Voting against:; none. The motion Wised unanimously. 'here was a motion by Councilmember Lhotka and seconded by Councilmember Theis to - approve Application No. 82006, subject to the following conditions: 1. The permit is issued to the-applicant as operator of the facility and is- nontransferable, 2. The permit is subject to all codes, ordinances and regulations, and any violation thereof shall be grounds for revocation. 3. House rules shall be posted and strictly enforced and a copy of said rules shall be kept on:file with the City. 4 Should the game room be reconverted 'to a dining area at some time in the future, the seating capacity of the restaurant shall be subject to the 1- -82 -8- parking requirements in effect at such time and no claim to the seating capacity existing prior to the operation of the game room shall be valid. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPLICATION N©. 82007 SUBMITTED_ UNITED ARTISTS-THEATRE FOR SPECIAL USE PERMIT APPROVAL TO OPERATE AND MAINTAIN FIVE ELECTRONIC GAMES IN THE LOBBY OF THE UNITED ARTISTS THEATRE AT 5810 SHINGLE CREEK PARKWAY The Director of Planning & inspection presented and reviewed for Council members page 8 of the January 14, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for the application. He reviewed the location of the subject parcel and a letter submitted by the applicant which explained some of the details of the game area. He noted the applicant is proposing that the games will be located in a 7' by 13' strip in the lobby and that the games will operate during normal theatre hours, approximately 12 noon to 11:30 p.m._ and that only theatre patrons, who must purchase a ticket to enter the theatre, will be allowed to use the games. He stated that the games are secondary to the primary use of the theatre and that the Planning Commission recommended approval of the application subject to three conditions which he reviewed for Council members. Mayor Nyquist opened the meeting for the purpose of a public hearing on No. 82007 and inquired if there was anyone present who wished to speak at the public hearing_ No one appeared to speak and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by'Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Application No. 82007. 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 -Hawes to approve Application No. 82007, subject 'to the following conditions: 1. The permit is issued to United Artists as, operator of the facility and is nontransferable'. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. House rules shall be posted in the vicinity of the games and strictly enforced and a copy of said rules shall be kept on file with the City. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL - RYAN CONSTRUCTION - Administrative Assistant Hoffman explained that Council approval of the Industrial Development Revenue Bond proposal from Ryan Construction this evening would be for preliminary.approval of the project. He pointed out that the project represents phase 2 of the project which contemplates the development of a 116,000 sq. foot 1- 25 -82` -9- e office building. He ,added that the project meets the criteria and intent of the City's guidelines for the issuance of IR bonds. He stated the staff recommends that the IRB request be approved. Councilmember Scott inquired of the applicant how much of the existing building has been leased to °date. Jim Ryan, the applicant stated that b% of the existing building had been leased at this 'point. Councilmember Lhotka inquired whether the project would continue without an industrial revenue bond. Mr. Ryan replied that project would not be feasible without an "IRB pointing out that conventional mortgages are not feasible in today's economy. -He added that it is even difficult to proceed with the project even with the IR bond. Councilmember Lhotka stated that he was concerned about the ability of the City to obtain needed dollars when so many IRB's are currently on the market. He requested the Director of Finance to comment on this situation. The Director of Finance stated that the City's bonded indebtedness is $6,000,000 and that the City has approved $54,000,000 in industrial revenue bonds at this point. He stated that the tax exempt market is taken up with IR bonds pointing out that the City's name is on the bonds even though the City is that it has no liability with regard to IR bonds. Len Champer of Juran & Moody stated that the Northwestern National Life Insurance Company is in a joint venture with Ryan Construction Company on this project and that the bonds are issued with the AA rating of Northwestern National Life Insurance Company. Councilmember Lhotka stated that his concern was with the marketability of City bonds if and when they are needed. Mr. Champer stated that it is the experiew of his company that there is a' different customer who buys IRB's than one who buys - municipal bonds. Mayor Nyquist stated that he believes the problem, if it is a: problem,. is one that is best solved at the federal level pointing out that many other municipalities are issuing IR bonds and that the City might as well build its tax base also. The City Manager commented that he and the Director of Finance are on record as opposing IR bonds and he suggested that if the Council wants to change the policy they should do it on new projects, as opposed to changing the policy of projects that are already underway. He recommended that the Council approve the projects which are currently planned and are requesting IR bonds. Councilmember Theis inquired how many projects are currently in the planning process or underway. Administrative Assistant Hoffman stated that there were three projects currently being planned, those being Byerly's, phase 3 of Brooklyn Crossing and Shingle Creek Development, Councilmember Theis then requested the staff to prepare a report for the next Council meeting which would review the IR projects either planned or currently underway. Mayor Nyquist opened the meeting for the purpose of a public hearing on an industrial development revenue bond proposal from Ryan Construction. He inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Len Champer of Juran & Moody who stated that he would hope that the 'Council would' view this project as the second of three phases-to complete the total project. Mayor Nyquist then inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. -25 -82 -10- There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on an industrial development revenue bond proposal from Ryan Construction. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PYS.OLUTION NO. 82 -27 . Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECITING A PROPOSAL FORA COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PPELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING 'THE - SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES•OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT 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, Bill Hawes, Celia Scott. Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was duly passed and adopted. DISCUSSION ITEMS (CONTINUED) UPDATE ON CABLE TELEVISION The City Manager reviewed a memorandum from Administrative Assistant Bublitz regarding the status of the cable television franchise in Brooklyn' Center. He noted that the construction schedule for the cable system in the nine City area provides that within 22 months from the commencement of construction the system will be completed in all nine cities. He added that Northern Cablevision has divided the City into an east and west sector using Shinqle Creek Parkway as the approximate' dividing line. He explained it is proposed that the west portion of the City will receive service during the first 32 months of construction and that part of the City' lying' east of Shingle Creek Parkway is proposed for completion in the last 10 months of construction. UPDATE ON 1982 STATE AIDS REDUCTION The City Manager reviewed a memorandum from the Director of Finance regarding, the projected 1982 state aids reduction. He explained that department heads have done an excellent job with regard to potential budget cuts in their respective departments. He explained total state reduction is ed that with regard to local government aids the p g g $30,000,000 which is 11.03% less than the originally announced amount. He noted that the total 1982 state aids reduction, which would include local government aids and the homestead credit, would total over $195,000 for Brooklyn Center. CONSIDERATION,OF SPECIFIED LICENSES - TOWN TAXI, INCORPORATED There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the renewal of the taxi cab license for Town Taxi, Incorporated for the year 1982.. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed uanaimously. I MOTION TO TABLE PLANNING COMMISSION APPLICATION NO. 82001 The.Di,recto -r of Planning & inspection informed the Council that a representative of the applicant for Application No. 82001 was not present at this evening's meeting 1 -25_82 -11 -' and'he recommended a motion to table consideration of the application until the next Council meeting since a representative of the applicant was not present. There was 'a motion by Councilmember Scott and 'seconded by Councilmember Lhotka to table consideration of Planning Commission Application No. 82001 until the February 8, 1982 City Council meeting because a representative of the applicant was not present at this evening's meeting. 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 Scott and seconded by Councilmember Lhotka to approve the following list of licenses: CIGARETTE LICENSE Duke's Standard Service 6501 Humboldt Ave. N. GARBAGE AND REFUSE HAULER'S LICENSE Crosstown Sanitation Box 12 Excelsior GASOLINE SERVICE STATION LICENSE Brooklyn Service Center 6901 Brooklyn Blvd. Dukes Standard Service 6501 Humboldt Ave. N. KENNEL LICENSE Northbrook Animal Hospital 413 66th Ave. N. Snyder Brothers Brookdale Shopping Ctr. LODGING ESTABLISHMENT LICENSE Brookdale Motel 6500 Lyndale Ave. N. MECHANICAL SYSTEM'S LICENSE Acme Sheet Metal Co. 2315 Hampden Ave. Hovde Plumbing & Heating 2222 Edgewood Ave. S. NONPERISHABLE VENDING MACHINE LICENSE Marc's Budgptel 6415 James Circle RENTAL DWELLING LICENSE Initial: Michael C. Sundby 6501 Brooklyn Drive Clinton A. Sawinski 5918 Dupont Ave. N. Mike Thompson 5449 Emerson'Ave. N. Jim Preissner � Jerry Johnson Patricia Zawislak 5543 Judy Lane Bonnie Maloney 1 -25 -82 -12 REAL DWELLING LICENSE (CONTINUED) Roger :N• Eye 5332 Morgan Ave. N. Dick Whinnery 6733 Perry Ave. N. Dale Whinnery is o Charles W. Fykson. 904 53rd Ave. N. Dennis & Charlene Dahler 2401 -2403 54th Ave. N. Renewal:' George A. Lucht 5105 Brooklyn Blvd. John S. Tschohl 5345 Colfax Ave. N. John S. Tschohl 5352 Emerson Ave. N. Richard Arntson 4220 Lakeside Ave. N. David W: Zemke 6813 Noble Ave. N. Harold & Howard Swanson 7240 W. River Road William Kirby 5006 Zenith 'Ave. N. TAXICAB LICENSE TsrAm Taxi Corporation 7440 Oxford St. Voting in favor, Mayor Nyqui'st Councilmembers Lhotka, Scott, Hawes, and Theis. Votinq against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Council-member Hawes to adjourn the meeting. Voting in favor: Mavor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against; none. The motion passed unanimously, The Brooklyn Center City Council adjourned at 9:59 p.m. t Clerk Mayor ( f g 1 -25_g2 -13