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HomeMy WebLinkAbout1982 09-27 CCM Regular Session MINU L` ') 0 F 1'11L PROCEEI)j : ;S OF T1fE CITY COUNCIL OF ` 14E CITY OF BROOKLYN' CENTER 1N -T11E COUNTY 0 p 1: '.i:pLN IN TIR: STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 27, 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 7:02 'p.m. ROLL CALL Mayor [Jean' 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, Chief of Police James Lindsay, and Administrative Assistants Gary Shallcross, Rick Green, and Tom Bublitz. ' INVOCATION The invocation was offered by Pastor Rabine of the Brookdale Covenant Church. OPEN FORUM _ Mayor Nyquist noted he had received a request to use the Open Forum this evening from Mr.. Leonard Buecksier, 2337 Brookview Drive. - Mayor Nyquist noted that Mr. Buecksler indicated he would like to address the Council on the topic of the animal ordinance and, since the ordinance would be addressed' later on in the agenda, Mr. Nyquist suggested that the Council address the Open Forum when the item is reached in the agenda. CONSENT AGENDA Mayor Nyquist inquired whether any of the Council members desired any items removed from the Consent, Agenda. Councilmember Lhotka requested that item 'IOa be removed from the Consent Agenda. l i_ PERFORMANCE BOND RELEASES There was a motion by Councilmember Scott and seconded by Councilmember Theis _ to authorize the release of the performance guarantees on, Humboldt Square Estates, - 6749 through 6777 Humboldt Avenue North, in the amount of $1,000, and Community Emergency Assistance Program (C.E.A.P.), 7231 Brooklyn Boulevard, in the amount of $28,000. 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 Theis to approve the following list PP g of licenses: GAMBLING LICENSE Earle Brown School P.T.A. Earle Brown School ' MECHANICAL SYSTEM'S LICENSE Suburban Heating & Air Conditioning 8419 Center Dr. I 9- 27 -82 -1- SIGN HANGER'S LICENSE Attracta.Signs, Inc. 6417 Penn Ave. S. RENTAL DWELLING LICENSE Initial: Monica Theresa St. Martin 7141 Newton Avenue N. Jack Lescault 3507 62nd Avenue N. Gars ; .& Kirin. Lidstone 4800 71st Avenue' N. Renewal: Mrs. Paul Enge 4748 Twin Lake Avenue N. Marlyn &;Gayle Kruse 2101 71st Avenue N. H. & Val J. Rothschild, Inc. 7260 -7274 Unity Avenue N. H. & Val J. Rothschild, Inc. 7240 -7254 Unity Avenue N. H. & Val J. Rotschild, Inc. 7225- 7273 Unity Avenue N. John Mallinger 7224 West River Road Robert M. Lindblom 5538 Colfax Avenue N. Harold Liefschultz Chippewa Park Apartments Tom Castle 5256 E. Twin Lake Boulevard Donald Ogilvie 6742, 44 France Avenue N. Wilbert & Delores Hanson 7210 Perry Court East Rhawer Mahmud /Mahmud -& Mahmud 5843 Fremont Avenue N. Richard Weicht 5301 Dupont Avenue N. Jack & Elizabeth Fahrenholz 620 53rd Avenue N. Milton R. Carlson 610 53rd Avenue N. Dwight Jereczek 6319 Brooklyn Drive Gary D. Anakkala 5412 Fremont Avenue N. Dion Properties, Inc. 5740 Dupont Avenue N. Kenneth W. Kunz 5601 Lyndale Avenue N. nth L. Nordby 5964 Brooklyn Boulevard Dean-K. Stendal 5456 Emerson Avenue N. Guy & Patricia Reuss 5824 Camden Avenue N. Allan `& Vicki Olson 7111 Riverdale Road Voting' in favor: Mayor Nyquist, Councilmembers - Lhotka, Scott,. Hawes, and Theis. Voting against: none. The motion passed unanimously. PROCLAMATION DECLARING OCTOBER 3 THROUGH OCTOBER 9 AS WELLNESS WEEK IN BROOKLYN CENTER There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to, approve a Proclamation Declaring October 3 Through October 9 as Wellness Week in Brookyn' Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none'. The motion passed unanimously. REQUEST FOR STOP SIGN ON WOODBINE AVENUE NORTH AT.HALIFAX AVENUE NORTH The City Manager explained this item as a request from the citizens in the neigh- ; borhood and that the City staff and the Traffic Safety Committee have investigated and reviewed the matter in detail. He pointed out that, after' extensive discus- sions, the Traffic Safety Advisory Committee recommended denial of the request r for stop signs in favor of 'other mitigative measures. i 9 -27 -82 2- Admini'str;itive Assistant Rick Green noted that the Traffic Safety Committee has reviewed the problem in depth over the past several weeks. He explained that there is little more than normal traffic volumes on Woodbine Lane. He noted the request is for a stop sign at Halifax and Woodbine. He explained the staff has found the. warrants are not in order, and that the criteria are not met to place a stop sign at this intersection. He added that the Traffic Safety Committee found few traffic accidents but did find vandalism in the area, and also some speeding cars.. Administrative Assistant Green informed the Council that the Traffic Safety Committee 'recommended increased traffic enforcement in the urea.'' He noted that the evidence is not _apparent to warrant, the erection of a stop sign; rather, he pointed out, the advisable course of action would be to step up-enforcement in the area and put up a;- double chevron sign to warn 'drivers of the approaching T intersection." He stated that he believes this is an adequate response to the problem, and that the neighborhood has expressed some satisfaction with this recommendation, but they feel the problem will not be solved by it. Councilmember Hawes inquired whether yield signs could be erected at the inter- section. Adminstrative Assistant Green noted that yield_ signs are generally not effective against speeders and that with a yield sign it is often difficult to establish right of way. The Director of Public Works explained that 8 to 10 years ago, yield signs were installed in the City and that the experience with them has been relatively poor. Discussion continued regarding the placement of the che•.ron sign and proposed increased enforcement for the neighborhood. Councilmember Theis commented that he believes the problem is one of excessive speed and that he also believes a stop sign would reduce that speed. He stated that a chevron sign may make people aware of the T intersection but that he does not believe it would stop the speeding. Administrative Assistant Green noted that a small percentage of the cars actually speed through the area, and ;that this small percentage will not typically' pay attention, to a stop sign. He added that 90% of _ the drivers will stop but the other 10% will not be control' - led by a sign. He explained that the problem occurs, since not enough east/ west collectors exist in the City, and as a result, Woodbine has a larger than normal' traffic volume. He noted that accidents in the area are primarily the result` of drunk drivers. He indicated he does not believe the stop sign will __ -slow the traffic down and pointed out that the street ,does not have as much traffic as a normal collector but does have more than a typical residential street; c The Director of Public Works stated that the use bf 'stop signs: has been shown, locally and nationally, to not stop speeders and, in fact, may create a reverse problem as drivers speed up after stopping. ,. uncilmember___Lhotka stated that he would like to see if the problem improves in six months and would also like to hear from residents in the neighborhood. - There °was -a motion by Councilmember Theis and seconded by Councilmember.Lhotka 9 -27 -82 -3- s to approve the staff .recommendation for the intersect at' Woodbine and Halifax to erect the .chevron signs, and increase enforcement in the area, and to direct, the staff to report back- to the Council in May of 1983 regarding `the effect iveness of the staff recommendations ,;-and t.o report on the .enforcement and surveillance in the area, number of traffic accidents, and property damage. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:_ none. The motion passed unanimously. REQUEST .'F0 STOP SIGNS AT INTERSECTIONS AT UNITY AVENUE NORTH BETWEEN 63RD AVENUE FORTH AND :�HOWE' LANE The City Manager explained that the item was a request from citizens within the neighborhood and originally had been submitted to the City Council' during ' the 'Open '`Forum" at the City - Council meeting. He exp.lained the City staff has . investigated the matter in detail and after review of the situation with staff input and discussion of the matter with neighborhood' representatives, the Traffic Safety Committee recommended denial of the request for stop signs in favor of other mitigative measures. Administrative Assistant' Green pointed out that the initial request for the stop signs" came about when the residents wanted, relief from the traffic noise in the 'area and, specifically, noise from MTC and school 'buses. Additionally, he pointed out, the residents in the area wanted relief from the vibrations occurring in their homes as a result of the bus traffic. A particular problem of the area, he pointed out, has been that the area is built on a peat .bog and that vibrations are easily transmitted through this type of soil. Administrative Assistant Green reviewed the recommendations of the staff and the Traffic Safety Advisory Committee for the area.. The recommendations included regular °enforcement on Unity Avenue with regard to speeders. Additionally, it was pointed out, that - the major problem in the past, was with the school u-s.ing Unity Avenue as a cut- across to Zane. This problem has been resolved by - agate in the school parking lot. Councilmember Theis inquired whether buses could create any structural damage in the area. The Director of Public Works replied that there is always a small problem but that he had not seen anything unusual with regard to the vibration situation. However, he pointed out, buses along Unity Avenue do appear in numbers greater than on most streets. There was a motion by Councilmember Lhotka and ,seconded by Councilmember Scott to approve the staff recommendations to provide .regular traffic enforcement on Unity Avenue with regard to speeders and to 'deny the request for stop signs at the intersections at Unity Avenue North between 63rd Avenue North and Howe I;,ane Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott,- Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. -82 - 191 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING 'WORK PERFORMED UNDER CONTRACT1981 -C 9 -27 -82 -4- The mcut,h)n for the adoption of the foregoing; resolution was duly seconded by member Ce1 1 s Scott, and `upr)n vote being taRen thereon the following voted in favor* thereof': Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COliVILSSION APPLICATION NO. 82034 SUBMITTED BY VIKING GYM, INC., /JAMES EVANS FOR A SPECIAL USE PERMIT TO OPERATE A GYMNASIUM WITHIN THE INDUSTRIAL WILDING AT 1800 FREEWAY BOULEVARD WHICH IS ZONED I -L. � Councilmember Lhotka left the table at 8:50-p.m. Administrative Assistant Shallcross reviewed the location of the subject parcel for Council memebers. .m. - Councilmemhers Lhotka returned to the table at 8 :51 P i - Administrative Assistant Shallcross reviewed pages l and 2 of the September 16, 1982 Planning 'Commission minutes and also the Planning Commission infor- mation sheet prepared for Application: No: 82034. He explained the Planning Commission recommended' approval of the application subject to four conditions which he reviewed for Council members. He 'noted a public hearing. had been held by the Planning, Commission and that notices had been sent to the surrounding property owners regarding this evening's public hearing. Councilmember Hawes inquired whether there would be any liability for the City for items inspected by the City and licensed by the City.' The City Attorney responded and explained that there are law suits of this nature but in ��Iinnesota they have been denied. He added that, in this instance, there is no code require - ment for specific kinds of carpet or showers or weight lifting equipment. Councilmember Scott inquired as to the type of equipment to be ;installed. The applicant replied that the gym would be installing heavy duty weight lifting equipment and that they would be covered by liability insurance. —° Mayor Nyquist opened the meeting for the purpose- of a public hearing on Planning Commission Application No._ 82034 and 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 Hawes tQ close -the- public hearing on Planning Commission Application No. 82034. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. = here - - Baas - -a­motion -by— Councilmember Lhotka and seconded by Councilmember Scout t9 "approve Appl'cation No. 82034 subject to the following conditions: _--special use permit is issued to the applicant as operator and nontransferable. q -27 -8? _ 2. The special use permit is subject to all appropriate codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3: Hours M operation shall be from ' 10:00 * a..m. to 9:00 p.m. Monday- Friday and 10:00 a.m. to 4:00 p.m. Saturday. 4. The operation shall be inspected by the City Sanitarian for compliance _ with basic health and sanitation standards,, twice-within the first year of operation and thereafter as deemed appropriate. The costs for such inspections shall be paid by the applicant. PLANNING ,COMMISSION APPLICATION NO. 82036 SUBMITTED. BY NATURE'S IMAGE TAXIDERMY FOR A DETERMINATION THAT A TAXIDERMY BUSINESS IS SIMILAR IN NATURE TO OTHER' USES PERMITTED IN THE I- 2- ,ZONING DISTRICT. Administrative Assistant Shallcross presented' and reviewed for Counclil members pages 3 through 4 of the September. 16, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application - No. 82036. He proceeded to review the location of the subject parcel, and noted that some of the Planning Commission discussion at the September 16, ,1982 meeting centered on the disposal of the left -over animal "parts after the taxidermy operation had been completed. He added that the Planning Commission did arrive at , `a finding at their meeting, which he reviewed for Coruncil members. He added tht no public' hearing is required for the application and that the applicant is present this evening;, Couneilmember Hawes inquired how quickly the applicant disposes of the left - over animal parts. The applicant replied that the remains of the anima would be disposed of in' a day or two, and that the procedure 'would be to call and' have the remains picked 'up. Couneilmember Lhotka inquired' whether the left- over parts of the animals, which are to be disposed of, would normally be frozen. The applicant 'stated that most of - their business is done in the fall, and winter and -that the temperature in the state acts as a natural freezer. Couneilmember Lhotka 'then inquired whether it is a policy of their business to freeze the left -over parts of animals. The applicant replied that they do have "freezer facilities. Couneilmember Lhotka then inquired whether the sanitarian inspects the taxidermy operation. The City Manager stated that the sanitarian does inspect the premises, and that the staff will clarify the sanitarian's obligation with regard to inspection of the taxidermy operation. There was ` a motion by 'Couneilmember Theis and seconded by Couneilmember Lhotka to find that taxidermy is a use 'similar in nature to other uses permitted in the I =2 zoning. district. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Theis. Voting against: none. The motion passed. Couneilmember Hawes abstained' from the vote due to his wife's affiliation with the company. renting space to the applicant. PL ANNING COMMISSION APPLICATION NO. 820 SUBMITT BY'ARLE K ROLL FOR A SPECIAL USE PERMIT TO CONDUCT A DANCE STUDIO IN THE SHINGlE CREEK YLA7.A I1 INUL'STRIAL BUILDING AT FREEWAY BOULEVARD AND XERXLS AVENUE NORTH WHICH IS LOCATED IN THE I -1 ZONE: 9 -27 -82 �t _ Administrative Assistant Shallcross reviewed pages 2 through 3 of the September 16, 1` 32 Planning Cfs!t...0 aSir,n minuc aiid also the information sheet prepared for Application No. 8203.5. He proceeded to review the location of the subject parcel and noted that. th une is a permitted use in a C -2 zone and is a special use in the I'l zone in which it is located. Administrative Assistant Shallcross reviewed' the Planning Commission's approval of Application No. 82035, subject to two conditions, which he`revewed for Council members. He explained that notices of this evening's meeting have been sent to surrounding property owners and that a' representative of the applicant was present. Councilmember Lhotka inquired as to the specific :location of the dance studio. The applicant explained that the dance studio is located at the Xerxes end of the industrial building on Freeway Boulevard. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 82035. 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 °Application No. 82035. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There- was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 82035 subject to the following conditions: 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The special use permit is subject to applicable codes,` ordinances, and regulations and violation thereof 'shall be grounds for revocation. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, 'Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCES AN ORDINANCE AMENDING CHAPTER I:OF THE CITY ORDINANCES REGARDING ANIMALS, The City Manager explained the ordinance was first read on August 9, 1982, publish- ed on August 26, 1982, and was referred back to the staff for revision at the September 13, 1982 City Council meeting. He explained the ordinance is offered this evening for an amended reading. The City Attorney explained. the revisions to the animal ordinance amendment requested by the City Council at the September 13, 1982 meeting are included. in Section 1 -105, paragraph 4 and 7, and Section 1 -108 and 1 -109. -He: added that the language in the ordinance indicating 3 years'as -'a maximum time to maintain a private .kennel license is suggested for discussion purposes and is not made 9 -27 -82 -7- as a- specific recommendation. Councilmember Theis inquired whether the 3 years would be a maximum time. The City Attorney explained that the Council may set a greater or lesser period than the 3 years stated in the proposed ordinance. Mayor Nyquist recognized Mr. Leonard Buecksler, 2337 Brookview Drive, who 'question- ed why the ordinance addressed only dogs and not cats, since there are a lot of cats around the City. The City Attorney explained that it is 'difficult to . control cats as compared to dogs and the enforcement and expense is - considerable. Also, he explained people are generally resistant to any control of cats since they -are typically not regulated by ,ordin graces, -as are dogs-. The City Manager explained that cities with ordinances regulating, cats have found that -the ordi nances are very difficult to enforce. The City Attorney commented that cats are ,included in the private kennel license and that if an individual has four +, or more cats, the owner is' required to obtain a private kennel license. He added that, in order to regulate the - vaccination against rabies in cats, licensing would be required to maintain realistic control. ORDINANCE NO. 82 -12 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER _1 OF THE CITY ORDINANCES REGARDING ANIMALS 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; 1 �and the following voted against the same: none, whereupon sai resolution .was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSIVG REGULATIONS The City Manager explained the ordinance 'amendment would provide the fee schedule for ' licenses required by Chapter 1 of the City ordinances regarding animals and that the ordinance is offered for first reading this evening and for .a public hearing to be held on October 25, 1982 at 7:00 p.m. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve' for first reading An Ordinance Amending Chapter 23 of the City Ordi- nances Regarding General Licensing Regulations and to set a public hearing on the ordinance for October 25, '1982 at 7 :30 p.m. Voting in favor: Mayor,Nyquist, CouncUmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn - Center City Council recessed at 8:26 p.m. and reconvened at 8 :40 p.m. DISCUSSION ITEMS REDEVELOPMENT OF THE AREA BETWEEN 68TH & 69TH AVENUES NORTH FROM WEST RIVER ROAD TO ALDRICH AVENUE NORTH 9 - -82 -8- The Director of Pub lis Works reviewed his memorandum` regarding; redevelopment of the area betwoon 68f.h and 69th Avenues North from -West River Road to Aldrich_ e Avenue North. He explained the area was reviewed in the mid _60 's and .again in 1976 by the City staff. He explained the reason for the current interest in redevelopment of this area is the MN /UOT plan for trunk highway 252 recon sttuation. In that reconstruction, he pointed out, 42 homes are to be relocated. He presented the item as discussion for the City Council and requested direction regarding what, if any role, the staff should play in the redevelopment of the area. Councilmember Scott commented that she believes it is time to do something about the area and suggested calling a meeting of the property owners in the area to see what their interests are. The Director of Public Works agreed that this should be the 'first step and stated that is why no conceptual plans have been shown at this point. Councilmember Lhotka stated that he believes the State participation in relocating utilities into the area west of West River Road should be a negotiable item between the City and the' State. Councilmember Scott then questioned whether or not all the land in the area would have to be purchased if the highway recon- struction leaves the area landlocked. The City Attorney stated he would review the statutes covering this type of situation and report back to the Council. Councilmember Hawes inquired what the cost of the redevelopment plan would be. The Director of Public. Works stated that the staff has not' examined the cost at this point but the area was reviewed in. 1976 and would have to be updated. He pointed out the study would be different from the study proposed for the Joslyn site, in that the Joslyn area would encompass a market study while the area in question between 68th and 69th Avenues would be simply platting an R- .1 area. ALLEY IMPROVEMENT POLICY The Director of Public Works reviewed his memorandum to the City Manager regarding alley paving policy in the City. He that complaints -were received - recently regarding the existing condition of unimproved alleys, one. of which is located between Fremont and Girard `Avenues from 55th to 57th Avenues. He -added that it would be doubtful whether 50% of the property. owners along the alley would support any improvement. Since the current policy of the City is that the improve - ment will not be considered unless there is a petition requesting the project signed by at least 50% of the property owners, the staff wanted to return to the Council to discuss the policy: The City Manager stated that,_ perhaps the percentage. could be set at somewhere between '0% and 50 %, and pointed out that if 35% is. used, then the improvement would require a 4/5 vote of the Council to approve. He explained that projects which are petitioned generally have a much better chance of success. Councilmember Theis - stated that he would like to see the Council change the policy to somewhere between 25% to 30% of the property owners. The Director of Public Works noted that 25% to 30% is generally what can normally; be expected but situations can occur where two or three owners have a serious problem. 9 -27 -82 -9- The City "Manager suggested that 'perhaps "a figure of 20% could be used with the provision that a serious problem with less than 201 will be brought to the Council's attention. He added that this could be put in resolution form and "presented at the next Council meeting. Councilmember Lhotka stated that he believes a figure of 20't is too low and that a number such as 30% would be more acceptable. CONSIDERATION OF SPECIFIED LICENSE - NONINTOXICATING LIQUOR LICENSE. APPLICATION --.-- FOR� "THE .PIZZA FACTORY The City Manages explained the application was first considered at the 'August 23, 1982 City Council meeting and was tabled to the >September 13, 1982 meeting to allow time to obtain more information on the investigation report. He explained the application: was withdrawn from the September 13, 1982 meeting agenda at - the request of the applicant. Mayor Nyquist noted that since the application was laid over from the August 23 meeting, he did not wish to review all the past material discussed at that meeting, and inquired whether the applicant had any additional information to offer. _Mayor Nyquist recognized Mr. Chuck Rogers, who stated that he was an attorney representing Mr. Aish and his wife and explained that *Mr. Aish and his wife have made application for the 3.2 beer license and since Mr. Aish will be involved in the business with his wife, the attention given to him in the investigation report was probably > not inappropriate. He stated the last allegation against Mr. Aish was made in 1915 and that nothing has happened since that. He explained that allegations made against Mr. Aish since 1969 ended in hung juries or no charges and that, in` his , opinion, this could be >interpreted as meaning that Mr. Aish may have. not been guilty.. Mr. Rogers then asked Chief of Police, James Lindsay to review which_ portions of the investigation report he personally would not have sent out to other ,police departments. Mr. Lindsay stated that he would not have -sent the report from the state fire marshall in South Dakota and also some reports on arson without determining there validity further. Mr. Rogers stated that Mr. Aish has worked as an insurance agent, and that since the insurance industry thinks he is a sufficient and - substantial citizen to -sell their product, he would hope to convince the Council to allow him to sell 3.2 beer. Mr. Rogers stated that Mr. Aish would accept the provisional license, if possible; but that he realized the difficult in retracting such a license.= _ The City Attorney explained the various situations where a probationary .license is used, including situations where there has -.been some concrete defect in the . license application, such as -a restaurant which is short of seats to meet the ordinance seating requirement. , He explained a probationary ,`license granted on the character of an applicant is a different situation and that once the license is ,granted by the City Council, they would not have authority to retract the license by saying that the applicant does not qualify. The City Attorney recommended against issuing any probationary license. 9 -27 -82 1(?- Mr. Roger 5t, that he believes- Mr. Aish can .run a clean family business in the community, and that he can sell pizza without beer but will, not receive as great a return on his in•:!- stment. Councilmember Lhotka inquired whether r.he applicant was ever found guilty of any of the allegations. The Chief of Police commented that he' was guilty of gaming violations, including a gambling violation, where he ran a numbers board on the Super bowl. He added, that Mr. Aish's bartender had been found guiltly of selling ; liquor before noon on Sunday. Councilmember Lhotka made "a motion to approve the nonintoxicating liquor license for the Pizza Factory. The motion died for lack of a second. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to deny the application for a nonintoxicating liquor license for the Pizza' Factory. Voting yes: Mayor Nyquist; Councilmembers Scott, Hawes, and _Theis. Voting no: Councilmember Lhotka. The motion.passed. RECONVENE PUBLIC HEARING ON 1983 BUDGET The City Manager reviewed the subtractions and additions in the proposed 1983 budget which had been discussed when the public hearing on the budget was previous - ly opened'. He explained the net addition to the budget would be $8,048 which would be obtained from the contingency budget. Councilmember Lhotka requested an explanation of item 4322 in the police department', budget. The City Manager explained the $17,964 figure is the 're- occurring cost of the 911 system. Councilmember Lhotka then inquired whether four squad cars were necessary for 1983. The City Manager explained that, because of the `mileage on the existing cars, four replacement cars would be necessary. Councilmember Scott stated that she would like to seethe City Council come up with some type of funding to maintain the Detached Worker Program. Mayor Nyquist commented that he believes no one is really questioning the benefits of -the Detached Worker Program but suggested looking at some alternate funding for the program. With regard to the police department reorganization, Mayor Nyquist stated that the legal opinion, convinced him that the problem of seniority will not be an issue. He added that. he does not. want to see the sergeants hurt financially in the reorganization. He stated he would recommend the dollars in the'polce department be approved and allow the staff to work out the details of the reorgan -. ization. Councilmember Theis stated that he believes the Detached Worker Program is a worthwhile program, and he believes it should go on and that it would be a good program for private funding. With regard to the polite department issue, he explained that he is' concerned with the possible demotions of the sergeants to corporals and is concerned with the seniority issue. He stated that he could not vote for the reorganization if he felt the sergeants would lose' seniority.. In conclusion, he stated he does not like the idea of :a demotion. He added that the reorganization would be easy to accept if the police .department reorgan- s r c3- 27 -H ?_ -1 1 ization is just one step in the total reorganization of other departments so that the cuts would be shared equally. He - added that he believes the City will have to work with the dollars in the "budget and that he: hopes the staff can wgrk out the details.without harming the sergeants. Councilmember Hawes commented that, with the deletion of one patrol officer in 1982, there would be a savings of $30,000 and that 'if one patrol officer does not retire in 1983, it appears that the ;salary would have to be funded out of the contingency fund. He, added that the addition of <a captain is also an added expense. He., stated his recommendation would be to add one patrol officer and not a captain and that he believed the'City - ;would be money ahead 'by doing this. He stated that he disagrees with the ICR's as judging the amount of street work .the sergeants are doing and that, in his opinion, they are spending more time on the street than the ICR's indicate. Councilmember Lhotka inquired whether the proposed captain position would come out of existing personnel. The City. Manager stated that he believes there are qualified applicants, based on previous testing for captains, within the depart - ment. Councilmember Hawes commented that he has noted the reactions of several residents in the City who are opposed to any reorganization. He explained that he had talked to between 20 and 25 people and that they did -not agree with the reorgan- ization as it is proposed. He added that he feels badly > about demoting people who had been asked to do a job and are doing that job well. He stated that he would like to point out that whatever he would commit to in 1983 will not necessarily what' he would commit to in 1984 and beyond. Councilmember Lhotka commented that, on the issue of reorganization, he would have to ; go along with the - staff, and pointed out that the decision is not an easy one and also that he respects what Councilmember Hawes has said. Councilmember Theis stated that he has discussed the situation with other police departments in the area that have different structures, such as three sergeants and three corporals. He stated that he does not believe he has enough information or the ability to organize the police department sufficiently to make.a recommend- Ation over the Chief's recommendation. He stated that he would have to go along with the 'staff recommendation in this situation. Councilmember Scott ..stated that she believes the Brooklyn Center Police Depart- ment is the best department in the entire state' and that this - has been one of the hardest decisions she has had to make. She stated she agrees with Council- member Theis and that she would have to go along with the judgment of the City's legal counsel regarding the seniority issue. Councilmember Hawes: stated that he believes" the. reorganization has been made to save dollars because of the budget ;constraints and not necessarily to make a better,.more;effic`ient system, RESOLUTION NO. 82 -192 Member Gene Lhotka introduced the following resolution and moved its adoption: 9 -27 - 82 -12- 7RESOLUTION TO ADOPT THE 1983 BUDGET The motion for the adoption of the - foregoing resolution was duly seconded by member Celia Scott,, and upon `vote being taken rthereon, the following voted in- favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution . was declared duly, passed and adopted. RESOLUTION NO. :82 -193 Member Rich Theis introduced the. following resolution and moved its adoption :' RESOLUTION.TO AUTHORIZE A TAX'LEVY FOR 1983 BUDGET APPROPRIATIONS 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. ADJOURNMENT There ` was a motion -by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist,,Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center-City Council adjourned at 10:40 p.m. erk Mayor • 9 -27 -82 =13