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HomeMy WebLinkAbout1982 10-04 CCM Regular Session • s i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 4, 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 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers 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, City Attorney Richard Schieffer, City Assessor Peter Koole, and Administrative Assistants Gary Shallcross, and Tom Bublitz. Mayor Nyquist noted that Councilmember Lhotka would be absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Theis. OPEN FORUM Mayor Nyquist noted he 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. APPROVAL OF CONSENT AGENDA The City Manager stated that the amusement device license for General Cinema was deleted from the license sheet because they had not submitted a copy of their lease agreement as required by the ordinance. He added that the Council could approve the license contingent on submittal of the lease agreement. He also stated 'that the staff was recommending that the gambling license for the Earle Brown PTA,be added to the agenda. Mayor Nyquist inquired whether or not any of the Council members requested any items removed from the Consent Agenda. None of the Council members requested any items removed from the Consent Agenda. Mayor Nyquist proceeded with the regular agenda items. q APPROVAL OF MINUTES - AUGUST 23, 1982 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of August 23, 1982 as submitted. ' Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 82 -194 Member Celia Scott introduced the following resolution and moved its adoption: R 10 -4 -82 -1- RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, 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 -195 Member Celia Scott introduced the following resolution and moved its adoption: t RESOLUTION EXPRESSING RECOGNITION OF THE ACHIEVEMENT OF JODI LUNDQUIST, 1982 MINNESOTA MISS T.E.E.N. 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the-same: none, whereupon said resolution was declared duly passed and adopted. APPOINTMENT OF ELECTION JUDGES FOR NOVEMBER GENERAL ELECTION There was a motion by Councilmember Scott and seconded by Councilmember Hawes ' to approve the appointment of election judges for the November 2, 1982 general election as per the list submitted by the City Clerk. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. " LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lion's Club Brooklyn Center High School Earle Brown PTA 5900 Humboldt Avenue N. NONPERISHABLE VENDING MACHINE LICENSE i Minnesota Fabrics 5712 Morgan 'Avenue N. M i AMUSEMENT DEVICE VENDOR LICENSE Advance Carter Company 850 Decatur Avenue National Amusement Company 3924 Louisiana Circles Punkin Vending 3501 82nd Avenue N. AMUSEMENT DEVICE - OPERATOR LICENSE Lynbrook Bowl 6357 N. Lilac Drive 10 -4 -82 -2- 3 AMUSEMENT DEVICE - OPERATOR LICENSE (CONTINUED General Cinema Corp. of MN, Inc. d/b /a / E. Cinema 5801 John Martin Dr. Farrell's 5524 Brooklyn Boulevard Pontillo's 5937 Summit Drive Sears, Roebuck & Co. 1297 Brookdale Center Beacon Bowl 6525 Lyndale Avenue N. Show Biz Pizza 5939 John Martin Drive Chuckwagon Inn 5720 Morgan Avenue N. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Earle Brown Bowl 6440 James Circle North Holiday Inn 1501 Freeway Blvd. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the amusement device license for General Cinema contingent on submittal of General Cinema's lease agreement to the City. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against:: none. The motion passed. E RESOLUTIONS (CONTINUED RESOLUTION NO. 82 -196 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR,CONTRACT 1982 -0 (CHLORINE ROOM /STORAGE ROOM IMPROVEMENT) 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, 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 -197 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO SUPPLEMENTAL AGREEMENT NO. 1 FOR WATER TOWER REPAINTING ` CONTRACT 1982 -G (IMPROVEMENT PROJECT NO. 1982 -15) 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing the City Manager to Write - Off Uncollectible °Accounts Receivables. The City Manager explained the City will still attempt to collect the accounts receivables but that the resolution 10 -4 -82 -3- is being submitted due to the auditor's concern at the length of time the list of uncollected receivables -have been kept on the books. The Director of Finance stated that the City.has not written any accounts receivables off the books since 1970, and that the auditor is recommending they be written off so that they can be reversed out of revenue. He explained the receivables fall under three major categories, one being the lawsuit against the Metro Sewer Board over SAC charges. He explained that other cities joined in with the City of Brooklyn Center in the lawsuit but that the total expenses exceeded the authorized amounts set by the other cities. The second category of accounts receivables was security for the Howe site and in a third category, $9,000 in expenses were incurred due to the required immediate hookup of homes to City water as a result of the Howe fire. He explained the homes were next to the Howe site and that the emergency situation and hookup was ordered by.the State Health Department. He added that the City will still attempt to collect these receivables but that it should be recognized that it will be difficult' and, therefore, the staff is recommending they be written off. The City Manager explained that some of the businesses on the list have paid but that their payments have been credited to another account. He added that when businesses do not submit an invoice with the payment, the payment is credited to accounts receivables and it cannot be broken out, and as a result the bills have been paid but it does not show on the books. He added that the auditors have suggested this procedure to write them off. RESOLUTION NO. 82 -198 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLU`ION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLES 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS EFFECT OF HOMESTEAD CREDIT ON THE CITY OF BROOKLYN CENTER The City Manager reviewed for Council members how a relatively small increase in the municipal budget could result in a much larger tax bill for residents. He explained the reason for this is the relationship of the taxing jurisdiction to the maximum homestead credit. The City Assessor explained that the state now contributes 58% to a maximum of $650 of taxes for homestead property. He pointed out that in 1981 the average homestead credits were under the maximum $650 but that in 1982, because the mill rate increased,, and because the valuation went to a maximum value, the maximum homestead credit was reached and even surpassed. He explained that currently, two f o the school districts in the City are over the maximum credit and two- rare.. under, and that next year, with a projected 10% no- growth increase, all of the districts will be over the maximum credit. He cited an example where the gross 10 -4 -82 -4 tax is now $1,100 and with a'10% increase an additional $110 would be added. He explained that under the current homestead credit system a maximum of 58$ of the taxes on homestead property will be paid by the State up to a maximum , of $650. In the example, he explained that 58% of the gross tax is $701 and that exceeds the $650 maximum. He stated the intent of the legislature now appears to make property tax a progressive tax so that as the value of property goes up, so do the taxes. He added that the tax over the maximum credit is paid at a- dollar for dollar tax.° The City Manager explained that, since District 286 is under the maximum homestead credit, a dollar for dollar increase in District 286, as compared to other districts this year, will have less impact on taxes than in the other districts. RECESS The Brooklyn Center City Council recessed at 7:45 p.m. and reconvened at 8:00 p.m. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR NOXIOUS WEED CONTROL The City Manager explained that notices of the special assessments had been sent to affected property owners, and that the notice of the public hearing on special assessments for noxious weed control had been published in the City's official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on ,special assessments for noxious weed control 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 Scott and seconded by Councilmember Theis to close the public hearing on special assessments for noxious weed control. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 82 -199 Member Celia Scott introduced the following resolution and 'moved its adoption: RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 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, Celia Scott, Bill Hawes,'and Rich Theis; and the following voted against the same: none, whereupon said resolution was 'declared duly passed and adopted. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR ABATEMENT OF UNSAFE AND UNSANITARY CONDITIONS AT 6213 BEARD AVENUE NORTH Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for abatement of unsafe and unsanitary conditions at 6213 Beard Avenue North, and inquired if there was anyone present who wished to address the Council. No one appeared to speak at the public hearing and the Mayor entertained a motion to close the public hearing. • i i 10 -4 -82 -5- There was a motion by Councilmember Theis and seconded by Councilmember Hawes tb close the public hearing on special assessments for abatement of unsafe and unsanitary conditions at 6213 Beard Avenue North. Voting in favor:. Mayor Nyqui�" Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion p ass e: RESOLUTION NO. 82 -200 Member Celia Scott introduced the following resolution and moved its adoptions RESOLUTION CERTIFYING THE COST OF HAZARD ABATEMENT TO THE HENNEPIN COUNTY TAX ROLLS 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES AN ORDINANCE AMENDING CHAPTERS 34 AND 35 OF THE CITY ORDINANCES WITH RESPECT TO HOME OCCUPATIONS The City Manager explained this ordinance was first read on September 13, 1982, published on September 23, 1982, and is offered for a second reading this evening. He explained a public hearing has been scheduled on the ordinance for 8:00 p.m. this evening. He explained the ordinance amendment will allow permitted home occupations in all residential zoning districts as accessory uses, and pointed out that currently, permitted home occupations are allowed in R1, R2, and R3 zones and that this ordinance would permit the home occupations in zones through Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapters 34 and 35 of the City Ordinances with Respect to Home Occupations. The-Mayor recognized Ms. Jennifer Le, 508 -69th Avenue North, Apt. 115. Ms. Le stated that she is in favor of the ordinance, that she lives in an apartment in Brooklyn Center, and that Brooklyn Center is the only City in the area with a prohibition against home occupations in multiple family areas. She added that lioensed daycare must be approved by Hennepin County and she proceeded to review the - Department of Public Welfare rules regarding licensing requirements for day care- Mayor 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. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapters 34 and 35 of the.City Ordinances with Respect to Home Occupations. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINA`l NO.. 82 -13 Mefther- C2F.1ia Scott introduced the following ordinance and moved its adoption: AN ORDIMMCE AMENDING CHAPTERS 34 AND 35 OF THE CITY ORDINANCES WITH_RESPECT TO HOME ":GCCUPATIONS 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. E AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES WITH RESPECT TO OUTSIDE STORAGE IN THE I -1 ZONING DISTRICT The City Manager explained this ordinance was first read on September 13, 1982, published on September 23, 1982, and is recommended for a second reading this evening. He added that a public hearing on the ordinance has been scheduled for 8:00 p.m. this evening, and that the ordinance amendment addresses the subject of limited outside storage in the I -1 zoning district. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances with Respect to Outside. Storage in the I -1 Zoning District 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 Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances with Respect to Outside Storage in the I -1 Zoning District. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against none. The motion passed. ORDINANCE NO 82 -1 Member Rich Theis introduced the following ordinance and moved its adoption:. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES WITH RESPECT TO OUTSIDE STORAGE IN THE I -1 ZONING DISTRICT 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, Celia Scott, Bill Hawes, and Rich Theis;, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REZONING CERTAIN LAND TO THE R3 CLASSIFICATI.ON The City Manager explained the ordinance was first read on September 13, "1982, published on September 23, 1982, and is recommended for a- second reading this evening. He explained the public hearing on the ordinance has been scheduled for.8:00 p.m. this evening, and that the ordinance amendment is the final step in rezoning the land authorized through the approval of Planning Commission Application No. 82020 submitted by Hussman Investment Company on August 30, 1982. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Rezoning Certain Land to the R3 Classification He inquired if there was anyone present who wished to 10 -4 -82 -7- speak at the public hearing, No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Rezoning Certain Land to the R3 Classification. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 82 - Member Bill Hawes introduced the following ordinance and moved .its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REZONING CERTAIN. LAND TO THE R3 CLASSIFICATION y The motion for the adoption of the foregoing ordinance was duly seconded by a member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES WITH RESPECT TO MINIMUM DISTRICT REQUIREMENTS AND SPECIAL REE2UIREMENTS_IN THE C2 ZON DISTRICTS The City Manager explained the ordinance was first read on September 13, 1982, published on September 23, 1982, and is recommended for a second reading this evening. He explained a public hearing on the ordinance has been scheduled for 8:00 p.m. this evening, and that the ordinance relates to various recommended changes in the C2 zoning district and also applies to Cl, Cla, R4, R5, R6 and R7 zoning districts. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances with Respect to Minimum District Requirements and Special Requirements in the C2 Zoning Districts. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City ' Ordinances with Respect to Minimum District Requirements and Special Require- ments in the C2 Zoning Districts. Voting in favor: Mayor Nyquist, Councilmembers, Scott,. Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 82 -16 s Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES WITH RESPECT TO MINIMUM DISTRICT REQUIREMENTS AND SPECIAL REQUIREMENTS IN THE C2 ZONING DISTRICTS 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 �i 10 -4 -82 -8- t' favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. GAMBLING LICENSE APPLICATION - EARLE BROWN PARENT TEACHER ASSOCIATION There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve an application for a Class B gambling license from the Earle Brown Parent Teacher Association. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to waive the $10,000 fidelity bond for the gambling license for the Earle Brown Parent Teacher Association. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 8:24 p.m. erk Mayor 10 -4 -82 -9-