HomeMy WebLinkAbout1982 02-08 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
FEBRUARY 8, 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 7:01 p.m.
ROLL CALL
Mayor bean 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, and Administrative Assistants Brad Hoffman and Tom Bublitz.
I NVOCATION
The invocation was offered by Pastor Rabine of the Brookdale Covenant Church.
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 items
CONSIDERATION OF REQUEST BY SUMMIT STATE BANK
The City Manager introduced Mr. Jack Weber representing the Summit Bank of Brooklyn
Center. Mr. Weber referred Council members to a letter from Gary Wollan, Chairman
of the Board and Chief Executive Officer of the Summit State Bank, and stated that
he believes the letter is self- explanatory and that the Summit State Bank is
requesting that the City reinstate the Bank as a depository for City funds.
Councilmember Hawes inquired whether Mr. Weber would care to comment on the
indictment recently brought against the bank President. Mr. Weber stated that
he believes it would be improper for him to comment, on the indictment, as it is
a personal indictment against the owner of the bank and has nothing to do with
bank operations. He stated that no Summit Banks have lost any money and he
emphasized that the banks are sound and stable financial. institutions subject
to regular review by various regulatory agencies. He added that the capital
ratio of the bank is 8.7, and explained that the number represents the ratio
of capital to deposits. He added that this level of capital ratio is considered
very good and that he believes it is in the top 25 banks in Minnesota with regard
to its capital ratio.
Councilmember Lhotka stated that he is not concerned over the soundness of the
bank but that his concern is over the moral and ethical question involved. He
stated that the President of the bank has been indicted and published articles
have indicated that the bank was used to conduct certain transactions which led
to the indictment. Mr. Weber replied that the indictment is against the President
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of the bank and not the bank itself, noting that the President has voluntarily
suspended himself from all bank operations.
Mayor Nyquist stated that he is satisfied that the Summit State Bank is taking
every precaution to separate the issue of the indictment from bank operations
and that he has no concern or problem with authorizing the bank as a depository
of City funds.
Councilmember Hawes inquired whether the City Attorney had any concerns regarding
this matter. The City Attorney stated that appointing a bank as a depository of
City funds is at the complete discretion of the City Council.
Councilmember Lhotka inquired whether the Director of Finance had any concerns
over the use of the bank as a depository of City funds. The Director of Finance
stated that he has no concern noting that the indictment does not directly involve
the bank.
RESOLUTION NO. 82 -28
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING THE SUMMIT STATE BANK A DEPOSITORY OF CITY FUNDS
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.
CONSENT AGENDA ITEMS
Mayor Nyquist inquired whether any Council members would request any items on the
consent agenda removed and placed on the regular agenda. Councilmember Lhotka
stated that he would request that item 9c on the agenda be removed from the consent
agenda and Councilmember Hawes requested that items 13b and 15 be removed from
the consent agenda.
APPROVAL OF MINUTES - JANUARY 25, 1982
There was a motion by Councilmember Scott and seconded by Councilmember Theis to
approve the minutes of the City Council meeting of January 25, 1982 as submitted.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
FINAL PLAT APPROVAL, - GARCELON SECOND ADDITION
There was a motion by Councilmember Scott and seconded by Councilmember Theis to
approve the final plat of the Garcelon Second Addition located at 56th Avenue
North between I -94 and Camden Avenue (Planning Commission Application No. 82002)
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 Mayor and City Manager are authorized to enter into a subdivision
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agreement with the owner to provide for installation of private service
extensions to Lot 2 and installation of survey monuments as required
by Chapter 15 of the City Ordinance. Said agreement shall be executed
prior to filing of the Plat with the County.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
RESOLUTION NO. 82 -29
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTIO14 EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF MR. RICHARD THEIS
The motion for the adoption of the foregoing resolution was duly seconded by
member Rich Theis, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 82 -30
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF MR. WILLIAM HAWES
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.
CONSIDERATION OF SPECIFIED LICENSES - LIQUOR LICENSE FOR LYNBROOK BOWL
There was a motion by Councilmember Scott and seconded by Councilmember Theis
to approve the on - -sale intoxicating liquor license application for Lynbrook
Bowl, Incorporated. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,
Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.
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. 1982 -C).
In discussion of the resolution, the City Manager noted that the cuts in aid by
the State of Minnesota included $25,000 for the Dutch Elm disease sanitation
program. Of this total amount, he pointed out, $15,000 was slated for removal
costs and $10,000 was planned for reforestation. He added that traditionally
the City has received approximately $25,000 per year from the State for the
Dutch Elm disease program. Councilmember Lhotka stated he is concerned that
something needs to be continued with regard to the program. The City Manager
stated that the staff is proposing that the City pays 50% of the cost of diseased
tree removal on boulevards and is proposing a continuation of the sanitation
program. He stated that a sanitation program has proven to be essential to
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saving at least some of the elm He explained that 60% of the elms in
the City have been removed because of disease and that with a proper sanitation
program at least some of the elms could be saved. He cited the example of the
State of Iowa which had experienced Dutch Elm disease years before it reached
Minnesota and without sanitation programs, in certain parts of Iowa there are
virtually no elm trees left.
Councilmember Lhotka inquired what the total cost of the Dutch Elm program was
for 1981. The Director of Finance stated that the City paid out approximately
$35,000 for the . sanitation program on City property and along boulevards and
that the City anticipated getting $25,000 from the State. Councilmember Theis
inquired what percentage of the elms are lost in any given year. The Director
of Parks & Recreation stated that approximately 10s of the elms are lost per
year. The City Manager re- emphasized the benefits of a sanitation program and
recommended that the Council approve the resolution.
RESOLUTION NO. 82 -31
Member Bill Hawes introduced the following resolution and moved its adoption:
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 1982 -C)
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.
CONSIDERATION OF SPECIFIED LICENSES - LIQUOR LICENSE FOR YEN CHING RESTAURANT
Councilmember Hawes stated that he has a concern that the persons indicated in
the background investigation of the liquor license for the Yen Ching Restaurant
have moved a great deal and have also made name changes. He inquired whether
the staff was satisfied with the background investigation of the applicant. The
City Manager stated that the background investigation was very thorough and even
included investigation into immigration records. He added that the staff is
satisfied that the applicants are legitimate capable people, capable of running
a.successful restaurant.
Councilmember Hawes inquired who the liquor license would actually be issued to.
The City Attorney replied that the license would be issued to the Minnesota
Corporation formed specifically to run the restaurant. The City Manager pointed
out that the Corporation was the Yen Ching Restaurant, Incorporated.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott
to approve the on -sale intoxicating liquor license for the Yen Ching Restaurant.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
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CONSIDERATION OF PROPOSED IMPROVEMENT PROJECT NO. 1982 -02 (RECONSTRUCTION OF
XERXES AVENUE NORTH BETWEEN T. H. 100 AND COUNTY STATE AID HIGHWAY 10, 55TH
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AVENUE NORTH BET XERXES A VENUE NORTH AND BROOKLYN BOULEVARD, AND 56TH
AVENUE NORTH BETWEEN XERXES AVENUE NORTH AND BROOKLYN BOULEVA
In discussion of the proposed improvement project the Director of Public Works
noted that the project was originally proposed for 1981. As a result of the
input provided by merchants and property owners,in the project area, the proceedings
were terminated in 1981 and instructions were given to the staff to proceed in
1982 for reconsideration of the project.
The Director of Public works.informed Council members that notice of the public
hearing scheduled for this evening has been sent to all affected property owners
and businesses in the project area and has been published in the official paper.°
The Director of Public Works stated that-if the project is approved this evening
the bids would be obtained approximately one month from today with a proposed
start -up date of mid April and completion by July. The Director of Public Works
reviewed the total project cost and also the project assessment zones pointing
out that two thirds of the total cost of the project would be recovered by the City.
In discussion of the project, Mayor Nyquist commented that the median break on
Brooklyn Boulevard at 56th Avenue should, in his opinion, be closed permanently.
The Director of Public Works stated that from a traffic standpoint the closing
of the median break would be an improvement to traffic circulation.
Councilmember Theis requested the Director of Public Works to comment on why MSA
funds are being proposed for this project. The Director of Public Works stated
that the City's past policy on the use of MSA funds has been that they are directed
primarily at new construction, but in this project it is a reconstruction situation.
He pointed out that the street is 20 years old and that generally the street should
have had a 30 year life expectancy. He added that the MSA funds are recommended
for this project because of the premature deterioration of the street. Council-
member Theis stated that he is concerned because the use of MSA funds on a
reconstruction project has not been tried before and he questioned whether this
policy would then qualify every ,street in the City for the same type of treatment.
The Director of Public Works replied that for years the City has had a written
policy for the use of MSA funds in residential areas and that this policy has
included ,a statement on the life expectancy of streets. He noted that the policy
states that the City would participate in the unrealized portion of the life
expectancy of the residential street. Councilmember Theis stated that his concern
is that the City may be taking on a great financial burden given the unknown
conditions of many of the City streets. The Director of Public Works commented
that the City is proceeding from a growth and development phase to a maintenance
phase and that the City may have to share some of the responsibility for streets
where the life expectancy of the street was not fully realized. The City Manager
pointed out that over time the City's assessment policy must be dictated by
financial considerations noting that the portion of Xerxes Avenue proposed for
reconstruction in this project is a heavy commercial street and would not necessarily
set a precedent for other streets in the City. In general, he pointed out, many
of the residential streets in the City have exceeded their life expectancies.
Councilmember Scott stated that she does not feel the City is obligated to pick
up a percentage, of the cost simply because the street did not meet its life
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expectancy but she noted that this particular street does receive wear and tear
that _a normal residential street would not receive. The Director of Public Works
stated that he believes very few streets in the City would not meet their life
expectancy.
Councilmember Hawes inquired where the MSA funds are originated from.` The Director
of Public Works stated that MSA streets can total 20% of all the streets in a
City as designated by that City. He pointed out that the funds come from gas
taxes, vehicle registration fees and other fees related to transportation. - He
noted that the MSA funds are 9% of these total revenues. He added that with regard
to allocation to a particular City one -half of the funds is allocated by population
and one -half is allocated by the actual dollar needs of street improvements in
the City.
Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed
Improvement Project No. 1982 -02 (Reconstruction of Xerxes Avenue North between
T. H. 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). 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 Scott and seconded by Councilmember Hawes to
close the public hearing on proposed Improvement Project No. 1982 -02. voting in
favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
RESOLUTION NO_ 82 -32
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1982 -02 (STREET RECONSTRUCTION OF
XERXES AVENUE FROM T. H. 100 TO COUNTY STATE AID HIGHWAY 10, 55TH AVENUE NORTH
FROM XERXES AVENUE TO BROOKLYN BOULEVARD, AND 56TH AVENUE NORTH FROM XERXES
AVENUE TO BROOKLYN BOULEVARD)
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and
Rich Theis; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The Director of Public Works proceeded to review the Brookdale Access Improvement
Project No. 1982 -03 pointing out that this project would conducted in conjuntion
with Project No. 1982 -02 and would be 100% reimbursed by the property owners.
RESOLUTION NO. 82 -33
Member Celia Scott introduced the following resolution and moved its adoption
RESOLUTION ESTABLISHING BROOKDALE ACCESS IMPROVEMENT PROJECT NO. 1982 -03,
ACCEPTING CITY ENGINEER'S REPORT, AND ORDERING IMPROVEMENT PROJECT NO. 1982 -03
The motion for the adoption of the foregoing resolution was duly seconded by
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member Rich Theis, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 82 -34
adoption:
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its do
Member Gene Lhotka introduced the following resolution tion a nd moved 't p
RESOLUTION APPROVING. PLANS AND SPECIFICATIONS AND ,DIRECTING ADVERTISEMENT FOR
BIDS FOR STREET IMPROVEMENT PROJECT NO. 1982 -02 (XERXES AVENUE, 55TH AVENUE,
AND 56TH AVENUE STREET RECONSTRUCTION) AND BROOKDALE ACCESS IMPROVEMENT PROJECT
NO. 1982 -03 (CONTRACT 1982; -B)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
PLANNING C014MISSION ITEMS
PLANNING COMMISSION APPLICATIO NO. 82001 SUBMITTED BY WILLIAM DALE FOR PRELIMINARY
PLAT APPROVAL TO RESUBDIVIDE 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 presented and reviewed for Council members
pages 2 through 3 of the January 14, 1982 Planning Commission minutes and also
the Planning Commission information sheet prepared for Application No. 82001.
The Director of Planning & Inspection proceeded to review the location of the
subject parcel and pointed out that the final plat should indicate the area
that is designated as right -of -way along Lake Breeze Avenue and should make a
reference to MNDOT's request that the City Council indicate dedication of an
easement for right -of -way purposes at the south edge of Lot 1.
The Director of Planning & Inspection noted that the Planning Commission held a
public _hearing on Application No. 82001 at its January 14, 1982 meeting and that
the Planning Commission recommended approval of Application No. 82001 subject to
three conditions which he reviewed for Council members.
The Director of Planning & Inspection noted that the application was tabled at the
January 25, 1982 City Council meeting because a representative of the applicant
was not present at that meeting. He noted that a public hearing is scheduled for
the application this evening, that the proper notices had been sent, and the
applicant was present this evening.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning
Commission Application No. 82001. He inquired if there was anyone present who
wished. to speak either against or for the application. 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 Planning Commission Application No. 82001. Voting in
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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 Planning Commission Application No. 82001 subject to the following
conditions -
1. The final plat is subject to approval by the City Engineer. -
2. The final plat is subject to the provisions of Chapter 15 of the
City Ordinances.
3. The plat shall be modified prior to final approval by the City
Council to indicate:
a. Dedication of an easement for right -of -way purposes at the
south edge of Lot 1;
b. The distance from the center line of T. H. 100 to the property
line of Lot 1 as requested by the Minnesota Department of
Transportation.
Voting in favor; Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
OR DINANCES
The City Manager introduced An Ordinance Amending Chapters 34 and 35 Regarding
Provisions For Home Occupations. He explained this ordinance was first read
at the January 11, 1982 meeting, published on January 21, 1982 and is recommended
for a second reading this evening. He noted a public hearing on this ordinance
has been scheduled for 8 :00 p.m.
Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance
Amending Chapters 34 And 35 Regarding Provisions For Home Occupations. 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 Theis to
close the public hearing on An Ordinance Amending Chapters 34 And 35 Regarding
Provisions For Home Occupations. Voting in favor: Mayor Nyquist, Councilmembers
Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed
unanimously.
ORDINANCE NO. 82 -2
Member Celia Scott introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING THE PROVISIONS FOR NOME
OCCUPATIONS
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, 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.
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AMENDMENT TO PLANNING COMMISSION APPLICATION NO. 81034
The City Manager explained that the staff is recommending an amendment to Planning
Commission Application No. 81034 submitted by Mrs. LaVonne Malikowski for a home
occupation special use permit to teach ceramic classes in the basement of the
residence at 5509 Logan Avenue North. He pointed out that the agenda shows the
address as 5909 but that the correct address is 5509 Logan Avenue 'North. He stated
the City Council approved Planning Commission Application No. 81034 at its June 22,
1981 meeting and explained the proposed amendment would allow ten students in the
ceramics class and would not allow any on- street parking.
There was a motion by Councilmember Scott and seconded by Councilmember Theis to
amend condition No. 3 of Planning Commission Application No. 81034 submitted by
LaVonne Malikowski for a special home occupation to read as follows:
3. No more than ten students shall attend any one class in accordance
with Section 35 -406, Subdivision 5 of the Zoning Ordinance.
Voting in favor: ,Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
The City Manager introduced An Ordinance Vacating The Alley In Block 1, NE Perkins
Addition, (Between Dupont Avenue North And Emerson Avenue North, From 54th To 55th
Avenue North). The City Manager explained a petition has been filed requesting
this vacation and that the ordinance was first read on January 11, 1982, published
on January 21, 1982 and is recommended for a second reading this evening. -
The Director of Public Works reviewed the location of the alley and explained that
this alley has never been opened for public travel and has never physically existed.
He added that notices of this second reading and public hearing have been sent to
all abutting property owners and a public hearing on the ordinance has been scheduled
for 8:15 p.m.
Mayor Nyquist opened the meeting for the purpose of a public hearing on the ordinance
and inquired if there was anyone present who wished to speak. Mayor Nyquist recognized
Mr. James Comley, 5421 Dupont Avenue North who requested an explanation of the alley
vacation. The City Manager reviewed the ordinance and noted that a vacation of an
alley means that the alley has been eliminated and cannot be used as a place to
drive.
Mayor Nyquist then inquired if there was anyone else 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 Hawes and seconded by Councilmember Scott to
close the public hearing on An Ordinance Vacating The Alley In Block 1, NE Perkins
Addition. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes,
and Theis. Voting against: none. The motion passed unanimously.
ORDINANCE NO. 82 -3
Member Gene Lhotka introduced the following ordinance and moved its adoption:
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AN ORDINANCE VACATING AN ALLEY LYING BETWEEN DUPONT AND EMERSON-AVENUES
NORTH BETWEEN 54TH AND 55TH AVENUES NORTH
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.
RECESS
The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8:40 p.m.
DISCUSSION ITEMS
UPDATE ON PENDING IRB PROJECTS
The City Manager referred Council members to a memorandum from Administrative
Assistant Hoffman which discussed pending Industrial Revenue Bonds in the City.
After reviewing the memo, the City Manager recommended that the City Council
grandfather in the four pending projects and then proceed to make any policy
changes they consider appropriate for new projects.
Mayor Nyquist inquired why the staff is recommending that commercial retail projects
be eliminated. The City Manager stated that there is really very little commercial
retail land left in the City and that a portion of the taxes from commercial retail
property are lost a metropolitan pool_ He also added that the cost of providing
service to a commercial retail area is greater than the cost to provide services to
office and industrial uses. He added that there appears to be enough existing
commercial retail uses in the area and that the commercial retail type projects
are not recommended to be eliminated in redevelopment areas.
Mayor Nyquist inquired whether there would be any legal problems with changing
the guidelines in this matter. The City Attorney commented that he did not believe
there would but pointed out that no municipal guidelines have been tested in court.
He stated that any reasonable development guidelines should be able to be used by
cities without problems.
Councilmember Lhotka inquired whether granting preliminary approval to an industrial
revenue bond is a commitment to the project. The City Manager reviewed the case
of Hutchinson, Minnesota where preliminary approval was given and the final approval
was not granted to a project. He pointed.out that in this case the applicant had
the decision of the City overturned in court. The City Attorney pointed out that
the Hutchinson Council made certain commitments to the development company and the
company was able to demonstrate that it lost dollars because the City did not
grant the final approval. He added that in situations such as this it is dependent
on the facts of the particular case and no general statement can be made.
Councilmember Scott stated that she has no problem with eliminating the commercial
and retail projects from consideration since the original intent was for industrial
projects.
Mayor Nyquist stated that he was concerned about the area along Brooklyn Boulevard
with regard to projects. The City Manager pointed out that the policy would not
apply to redevelopment areas.
Councilmember Theis stated that he believes the City should look closely at the
next IRB application and believes that IRB's may not be as necessary to encourage
development given the impending completion of the I -94 freeway to Minneapolis.
The City Manager stated that the staff will prepare the changes in the guidelines
as per the Council's discussion.
1982 PROPOSED BUDGET ADJUSTMENTS
Mayor Nyquist commended the staff on the proposed budget adjustments and stated
he believes it was a fine job. The City Manager summarized his memorandum covering
the proposed 1982 budget revisions and proceeded to review the proposed cuts and
revisions in the 1982 Budget. He stated that the date proposed for the elimination
_ of the Detached Worker Program is March 1 and not February 1. He also added that
the elimination of funding for the Band, Harmonettes and Children's Chorus is
proposed for September of 1982
Councilmember Theis inquired whether the recommendations regarding the City Band,
Harmonettes and Children's Chorus are similar to the previous recommendations
made at the 1982 budget hearings. The City Manager replied that funding would
continue for these programs only through September and not January as originally
proposed in the 1982 Budget. He added that there are few Park & Recreation programs
that are not self - supporting.
Councilmember Hawes inquired whether the positions in the Police Department are
now vacant or would officers be laid off. The City Manager explained that the
positions were vacant and at some later time we may or may not decide to replace
the position with another officer. He added that this decision will have to be
based on a judgment based on future service demands.
The discussion continued regarding the funding of the Band, Harmonettes, and
Children's Chorus. Councilmember Theis stated that he would not like to see these
cultural groups disbanded because they are unable to support themselves at 100%
funding. He added that he believes there is value to the City in continuing the
Band, Chorus, and Harmonettes and that this should be a consideration. He inquired
what the cost of the programs were to the City. The Director of Finance replied
that the net cost of the programs for 1982 were $1,255 for Harmonettes, $1,530
for the Band, and .$2,700 for the Chorus.
Mayor Nyquist requested that the City staff contact the affected groups. The City
Manager stated that he would be contacting the groups and requested the City Council
to authorize the preparation of a resolution amending the 1982 Budget for consideration
at the next Council meeting.
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
authorize the staff to prepare.a resolution amending the 1982 Budget and reflecting
the proposed 1982 budget revisions. Voting in favor: Mayor Nyquist, Councilmembers
Lhotka, Scott, and Hawes. voting against: Councilmember Theis. The motion passed.
REQUEST FOR ATTORNEY GENERAL'S OPINION ON REQUIREMENT THAT PROSECUTOR BE PRESENT
AT ARRAIGNMENTS
The City. Manager stated that at an earlier meeting he and the City Attorney were
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under the understanding that the courts were backing off from the requirement of
requiring prosecutors at all arraingnments. He pointed out that at this time the
requirement still stands and the staff is requesting the City Council to authorize
the staff to seek an Attorney General's opinion regarding this requirement. The
City Attorney pointed out that the Attorney General's office has indicated that
they may not be able to give an opinion on this matter, explaining that they are
reluctant to address separation of powers issues. He added that this requirement
could add as much as $4,400 annually to the City's cost. He stated that the
judge's believe that by having prosecutors present at arraingnments they may answer
questions of the defendant and may reduce the number of ,trials and also clear up
any questions before the case goes to trial. He added that in Brooklyn Center's
case, the presence of the prosecutor at arraingnments would have little value,
since Brooklyn Center has very thorough and extensive Police Department reports
which generally do not require additional information at the arraingnments. He
stated that this added requirement of having the prosecutor attend arraingnments
would not benefit Brooklyn Center.
There was a motion by Councilmember Scott and seconded by Councilmember Theis to
authorize the City staff to seek an Attorney General's opinion on the requirement
that the prosecutor's presence is required at arraingnments.
RESOLUTIONS RECOGNIZING ACHIEVEMENTS AND PUBLIC SERVICE
Mayor Nyquist noted that Diane Lemke, ° a member of the Brooklyn Center Human Rights
Commission and Brooklyn Center resident had been elected as one of the ten out-
standing young ''persons in Minnesota by the Jaycees organization. He suggested that
the Council authorize the staff to prepare a resolution commending Diane for her
award.
There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to
direct the staff to prepare a resolution commending Diane Lemke for her achievement.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
Mayor Nyquist also pointed out that the local Boy Scouts have been shoveling out
fire hydrants in the area and also pointed out that this week was National Boy Scout
week. He recommended that a resolution be prepared to recognize the achievements
of the local Boy Scouts.
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to
direct the staff to prepare a resolution commending the Boy Scouts for their work
in the City. 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 Hawes to
approve the following list of licenses:
BULK.VENDING MACHINE LICENSE
K -Mart Corporation 3600 63rd Ave. N.
Theisen' Vending 3804 Nicollet Ave.
Brooks Superette 6804 Humboldt Ave. N.
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CIGARETTE LICENSE
ABI Vending 1250 Angelo Dr.
Marc's Budqetel 6415 James Circle
Betty Varcoe 974 Rice St.
Holiday Inn Gift Shop 1501 Freeway Blvd.
FOOD ESTABLISHMENT LICENSE
Alano Society 4938 Brooklyn Blvd.
Baskin Robbins - 31 Flavors Brookdale Ctr.
Berean Evangelical Free Church 6625 Humboldt Ave N.
Bridgeman Creameries Brookdale Ctr.
Bridgeman Creameries 6201 Brooklyn Blvd.
Brook Park Baptist 4801 63rd Ave. N.
Brookdale Covenant Church 5139 Brooklyn Blvd.
B.C. Babe Ruth (Evergreen Park) 7112 Bryant Ave. N.
B.C. Babe Ruth (Grandview Park) 1600 59th Ave. N.
Brooklyn Center Baptist Church 5840 Humboldt Ave. N.
Brooklyn Center Country Boy 4401 69th Ave. N.
Brooklyn Center High School 6500 Humboldt Ave. N.
Brooklyn Center Evangical Free Church 6830 Quail Ave. N.
Brooklyn Center National Little League 2006 Brookview Drive
Chuck Wagon Inn 5720 Morgan Ave. N.
Community Emergency Assistance Program 7231 Brooklyn Blvd.
Cross of Glory Church 5940 Ewing Ave. N.
Dayton's t
Y
on s Brookdale Ctr.
Donaldson's Brookdale Ctr.
Duke's Properties 6501 Humboldt Ave. N.
Duoos Brothers American Legion 4307 70th Ave. N.
Earle Brown Bowl 6440 James Circle
Earle Brown Elementary School 5900 Humboldt Ave. N.
Fanny Farmer Candy ,Shop Brookdale Ctr.
Fisher Food Products 6800 Shingle Creek Pkwy.
Garden City School 3501 65th Ave. N.
Green Mill 5540 Brooklyn Blvd.
Ground Hound Restaurant 2545 County Rd. 10
:Harron United Methodist Church 5452 Dupont Ave. N.
Hickory Farms Brookdale Ctr.
Holiday Inn 1501 Freeway Blvd.
Jerry's Brookdale Super Valu 5801 Xerxes Ave N.
K -Mart 3600 63rd Ave N.
Lutheran Church of the Master 1200 69th Ave. N.
Lynbrook Bowl, Inc. 6357 N. Lilac Dr.
Maid of Scandinavia Co. Westbrook Mall
Maranatha Conservative Baptist Home 5401 69th Ave. N.
Northbrook Alliance Church 6240 Aldrich Ave. N.
Northport Elementary School 5421 Brooklyn Blvd.
Num -Num Foods, Inc. 3517 Hennepin Ave.
Brookdale Snack 'Bar Brookdale Ctr.
Orchard Lane School 6201 Noble Ave N.
J.C. Penney, Co. Inc. Brookdale Ctr.
Perkins Cake &- 'Steak 5915 John Martin Dr.
Peking Place 5704 Morgan Ave. N.
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FOOD ESTABLISHMENT LICENSES Cont.
Plitt Brookdale Theater 2501 County Rd. 10
Pontillo's Pizza 5937 Summit Ave. N.
St. Alphonsus Church 7025 Halifax Ave N.
7- Eleven 1500 69th Ave. N.
SuperAmerica•Service Stations 6545 W. River Rd.
SuperAmerica Service Stations 1901 57th Ave. N. -
United Artist Movies 5810 Shingle Creek Pkwy.`
Willow Lane School 7020 Perry Ave. N.
F. W. Woolworth, Inc. Brookdale Ctr.
ITINERANT FOOD ESTABLISHMENT LICENSE
Community Emergency Assistance Program 7231 Brooklyn Blvd.
MECHANICAL SYSTEM'S LICENSE
Green Mechanical, Inc. 8811 E. Research Ctr.
NONPERISHABLE VENDING MACHINE LICENSE
A & J Enterprises 2367 University Ave.
Bob Ryan Olds 6700 Brooklyn Blvd.
Howard Baurmeister 5809 Boon Ave. N.
Pizza Feat 6816 Humboldt Ave. N.
Bill's Vending Service 7317 W. Broadway
Brooklyn Center Skelly 6245 Brooklyn Blvd.
Brooklyn Center Country Boy 4401 69th Ave. N.
Canteen Company 6300 Penn Ave. N.
Hennepin County Library 6125 Shingle Creek Pkwy.
Iten Chevrolet 6701 Brooklyn Blvd.
MTC 6845 Shingle Creek Pkwy.
N.W. Bell 5910 Shingle Creek Pkwy.
Cass Screw Company 4748 France Ave. N.
Christy's Auto 5300 Dupont Ave. N.
D. L. Service.Co. 2516 83rd Ave. N.
Lowell's Auto 6211 Brooklyn Blvd.
Earle Brown Bowl 6440 James Circle
First Brookdale Bank 5620 Brooklyn Blvd.
K -Mart Corporation 3600 63rd Ave. N.
Lynbrook Bowl, Inc. 6357 N. Lilac Dr,
Malmborg's Inc. 5120 N. Lilac Dr,
Maranatha Conservative Baptist Home 5401 69th Ave. N.
N.S.P. 4501 68th Ave. N.
NSI /Griswold Co. 8300 19th Ave. N.
Brookdale Pontiac 6801 Brooklyn Blvd.
'Northwest Microfilm, Inc. 1600 67th Ave. N.
Pilgrim Cleaners 5748 Morgan Ave. N.
Plitt Brookdale Theater 2501 County Rd. 10
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NONPERISHABLE VENDING MACHINE LICENSE Cont.
Precision, Inc. 3415 48th Ave. N.
Ralph's Super Service 6601 Lyndale Ave. N.
SuperAmerica Stations 6545 W. River Rd.
Theisen Vending 3804 Nicollet Ave.
Thrifty Scot Motel 6445 James Circle
Bill West 2000 57th Ave. N.
Viking Pioneer Distributing 5200 W. 74th St.
LaBelle's 5925 Earle. Brown Dr.
Woodside Enterprises 2500 Nathan Lane
Brooklyn Center, City Hall 6301 Shingle Cr. Pkwy.
ON -SALE INTOXICATING LIQUOR LICENSE
Lynbrook Bowl 6357 N. Lilac Dr.
Yen Ching Restaurant 5900 Shingle Cr. Pkwy.
ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE
Lynbrook Bowl 6357 N. Lilac Dr.
Yen Ching Restaurant 5900 Shingle Cr. Pkwy.
PERISHABLE' VENDING MACHINE LICENSE
A & J Enterprises 2367 University Ave. N.
Bob Ryan Olds 6700 Brooklyn Blvd.
Ault Corporation 1600 H. Freeway Blvd.
Canteen Company 6300 Penn Ave. S.
Hennepin County Library 6125 Shingle Creek Pkwy.
Iten Chevrolet 6701 Brooklyn Blvd.
M.T.C. 6845 Shingle Creek Pkwy.
N.W. Bell 5910 Shingle Creek Pkwy.
Earle Brown Bowl 6440 James Circle
Maranatha Conservative Baptist Home 5.401 69th Ave. N.
NSI /Griswold 8300 10th Ave N.
Brookdale Pontiac 6801 Brooklyn Blvd.
Northwest Microfilm, Inc. 1600 67th Ave. N.
Plitt Brookdale Theater 2501 County Rd. 10
Viking Pioneer Distributing Co. 5200 W. 74th St.
LaBelles 5925 Earle Brown Dr.
READILY PERISHABLE FOOD VEHICLE LICENSE
Ted Burlingame 5919 June Ave. N.
Fisher Food Products 106 6th Ave. N.
SIGNHANGER'S LICENSE
Creative Sign Co. 7027 Newton Ave. S.
SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE
Brooklyn Center Liquor Store #1 6800 Humboldt Ave. N.
Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd.
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SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE cont.
Brooklyn Center Liquor Store #3 Northbrook Shopping Ctr.
Fun Services, Inc. 3701 50th Ave. N. -
Ideal Drug Store 6900 Humboldt Ave. N.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
ADJOURNMENT
There was a motion by Councilmember Scott and seconded by Councilmember Theis 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 9:28 p.m.
Clerk Mayq ,1
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