HomeMy WebLinkAbout1980 12-22 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
.DECEMBER 22, 1980
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 Tony Kuefler, Bill Fignar, and Celia Scott.
Also present were City Manager Gerald Splinter, Director of Public Works Sy
Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspections
Ron Warren, Civil Engineer Jim Grube, and Administrative Assistants Brad Hoffman
and Tom Bublitz. Mayor Nyquist noted that Councilmember Lhotka was ill and
would not be present at this evening's meeting.
INTOCATION
The invocation was offered by Mayor Dean Nyquist.
APPROVAL OF MINUTES DECEMBER 8, 1980
Administrative Assistant Bublitz noted there was a correction in the December 8,
1980 minutes of page 15 where references to 20G per mile in the last and second
to the last paragraphs should be changed to 21� per mile. There was a motion
by Councilmember Scott and seconded by Councilmember Fignar to approve the
minutes of the City Council meeting of December 8, 1980 as corrected. Voting
in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting
against: none, the motion passed.
OPEN FORUM
Mayor Nyquist noted he had received a request to use the Open Forum session
this evening from Mr. Floyd C. Stewig of 5455 Colfax Avenue North. Mayor Nyquist
recognized Mr. Stewig who told Council members, on November 17 of this year,
his house had been burglarized and a number of documents, bonds and jewelry
had been stolen. He explained, his neighbor, Mr. Ewald Johnson, and Mr. Stewig's
son were on the scene when the police arrived and they requested fingerprints
to be taken at that'time. He stated, the police told Mr. Johnson and Mr.
Stewig's son that they did not take prints in cases such as this. He added,
some of his papers had been found in Hibbing, Minnesota and that two suspects
are under arrest and are being held in the Duluth jail but no definite link
has been made between the suspects and the burglary.
Mayor Nyquist inquired if there was any policy the City had with regard to
taking fingerprints. Tile City Manager explained that he would have the Chief
of Police investigate and send a copy of the report to Mr. Stewig and the
Council. Councilmember Fignar inquired whether the officer at the scene was
aware of how much property had been taken. Mr. Stewig replied that he did not
think the officer was aware at the time but that he estimated the loss was
approximately $10,000.
Mayor Nyquist inquired whether there was anyone else present who wished to use
the Open Forum session, there being none, he proceeded with the regular agenda
items.
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FINANCIAL REPORTING AWARD
Mayor Nyquist noted that the City had received an award from the Municipal
Finance Officers Association of the United States and Canada for excellence
in financial reporting. Mayor Nyquist presented the award to Director of
Finance Paul Holmlund and congratulated him on earning this award for the
City.
SUBDIVISION CASH PERFORMANCE DEPOSIT RELEASE - WILLOW BLUFF ADDITION
The Director of Public Works explained a cash deposit in the amount of $2,050
was made by Mr. Jim Gilbertson to provide a guarantee to the installation of
boulevard sod, trees, drainage, bituminous driveways and survey monuments in
the Willow Bluff Addition. He added, certain items remain to be accomplished
including the planting of three boulevard trees and the placement of thirteen
lot corner monuments. He explained, the staff is recommending the reduction
of the deposit from $2,050 to $600 until the remaining items are accomplished.
There was a motion by Councilmember Scott and seconded by Councilmember
Kuefler to approve the subdivision cash deposit reduction for the Willow Bluff
Addition from $2,050 to $600. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, and Scott. Voting against: none, the motion passed -.
REAPPOINTMENTS TO CITY COMMISSIONS FOR 1981
The City Manager referred Council members to a memorandum showing which
Commission members' appointments expire on December 31, 1980 and also which
Commission members did and did not request reappointment. He noted, appoint-
ments are,generally made at the first meeting in January of each year. Mayor
Nyquist suggested that the Council liaisons contact the Commission members to
discuss their reappointment to another term. He added, Dan Erickson of the
Planning Commission is reconsidering his resignation from the Commission.
APPOINTMENT TO TRAFFIC SAFETY ADVISORY COMMITTEE
The City Manager stated, it is recommended Mr. Donald Dennis of 584.2 Admiral
Lane North be appointed to the Traffic Safety Advisory Committee. Councilmember
Fignar inquired what the status of the Committee was at the present time. The
City Manager explained, with the appointment of Mr. Dennis there would be one
opening remaining on the Committee to replace Jack Bell who had left the state.
There was a motion by Councilmember Fignar and seconded by Councilmember
Kuefler to appoint Donald Dennis of 5842 Admiral Lane North to the Traffic
Safety Advisory Committee. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, and Scott. Voting against: none, the motion passed.
RESOLUTIONS
Mayor Nyquist noted he had received a request from the Chamber of Commerce to
have the Council consider a resolution that was not on the agenda this evening.
He explained, the resolution would designate January 1981 as Chamber of Commerce
month. Mayor Nyquist recognized Mr. John Kelly, President of the Brooklyn Center
Chamber of Commerce, who thanked the Council for the cooperation it has shown
in the past with the Chamber and added that he was looking forward to continuing
to work with the Council in the next year.
RESOLUTION NO. 80 -285
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING JANUARY AS "CHAMBER OF COMMERCE MONTH"
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The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted, against the same: none., whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a resolution granting final approval to an
industrial development revenue bond proposal from Swenson's Carriage House.
Administrative Assistant Hoffman pointed out that the applicant is requesting
$750,000 in temporary construction financing. He explained, if the applicant
wishes permanent financing, they must come back to the Council for this
approval but that the resolution at this evening's meeting would grant final
approval to the project . The City Manager pointed out that Mr. Dave Kennedy,
a member of the law firm representing the City, has reviewed the documents
involved in the final approval and has approved them.
Councilmember Kuefler requested an explanation of interim financing in the
project. Administrative Assistant Hoffman stated, at this particular point in
time, none of the lenders appear to want to get involved in permanent financing
for these projects and that none of the lenders are willing to commit for the `
full term of the project. Thus, he pointed out, the applicants requesting IDR
bonds are proceeding with temporary construction financing. He explained, when
the prime rate declines permanent financing will be more attractive.
RESOLUTION NO. 80 -286
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION GRANTING FINAL APPROVAL TO INDUSTRIAL DEVELOPMENT REVENUE BOND
PROPOSAL FROM SWENSON'S CARRIAGE HOUSE
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and upon vote being taken thereon, the.fbllowing voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a resolution granting final approval to an industrial
development revenue bond proposal from Commercial Partners. Mayor Nyquist
recognized Mr. Dick Reilly, representing Commercial Partners, who stated,
because of inflation and the uncertain economic and political climate, no
lenders are willing to commit to long -term financing for projects. He explained,
all developers are having the same problem. With short -term financing, he
pointed out, the project will be able to be built and a positive cash flow
will begin. Councilmember Kuefler stated, his concern is that projects may end
up delinquent in taxes if the project cannot be financed. Administrative
Assistant Hoffman stated, the Commercial Partners project is similar to any
other business in the City of Brooklyn Center which would go tax forfeit. He
explained, he does not see this project as unsound or one that would result
in a tax delinquent situation.
Mr. Reilly explained, the lease has been executed with the restaurant operator
and that the restaurant, theater and shopping center complex are all part of
the basis for obtaining the loan for interim financing. Administrative
Assistant Hoffman added, the restaurant operator has applied for a liquor
license in the City. Councilmember Kuefler inquired whether Commercial Partners
would be legally bound to build the restaurant. Administrative Assistant
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Hoffman stated, if the restaurant is not built, given the terms of the loan,
Commercial Partners would in default on the loan. He explained, the loan
is being made on the basis of all three segments of the project including the
restaurant, theater, and shopping center. Mr. Reilly stated, final approval
for the project is necessary before the loan can be closed and Commercial
Partners cannot begin to build the project until the loan is closed. The
City Attorney stated, the City has no authority to tell a lender not to pay
out the loan if the restaurant is not built. However,'he added, the lender
has the right not to make the loan advance if the restaurant will not be
built. The City Attorney noted, Dave Kennedy of the LeFevere, Lefler Law
Firm has stated it would be a breach of the IR approval if the restaurant is
not built and that the City could revoke approval of the IDR bond if the
restaurant is not built.
Councilmember Scott inquired whether the developer had any plans prepared for
the restaurant. Mr. Allen Gustafson, representing Commercial Partners,
stated the plans were prepared for the restaurant and he introduced the
architect designing the restaurant who displayed and reviewed the plans for
the Council.
RESOLUTION NO. 80 -287
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA
( "CITY ") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE $6,200,000 INDUSTRIAL
DEVELOPMENT REVENUE NOTE (COMMERCIAL PARTNERS /BROOKDALE PROJECT), SERIES 1980
( "NOTE "), WHICH NOTE AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE
SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT; APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONSTRUCTION LOAM AGREEMENT, ,A
LOAN AGREEMENT, A TRUST AGREEMENT AND A DISBURSING AGREEMENT; APPROVING THE FORM
OF A COMBINATION MORTGAGE, SECURITY AGREEMENT, AND FIXTURE FINANCING STATEMENT;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE;
AND PROVIDING FOR THE SECURITIES, RIGHTS AND REMEDIES OF THE HOLDER OF SAID NOTE
The motion for the adoption of the foreoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a resolution relating to a project under the
Municipal Industrial Development Act; calling for a public hearing thereon.
He explained, this resolution would set a date for public hearing on an IDR
bond proposal from Byerly's. Administrative Assistant Hoffman added, the date
for the public hearing would be January 26, 1981.
RESOLUTION NO. 80 -288
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT
ACT; CALLING FOR A PUBLIC HEARING THEREON
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
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Councilmember Kuefler requested the staff to prepare a report on the City's
current `status with regard to IDR bond proposals for the January 26, 1981 City
Council meeting.
The City Manager introduced a resolution authorizing execution of a limited
use permit with MN /DOT to authorize the City to construct and maintain a
pedestrian path on MN /DOT right -of -way adjacent to the noise wall at Grandview'
Park.
RESOLUTION NO. 80 -289
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT WITH MN /DOT
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a resolution approving and authorizing execution
of an agreement with MN /DOT for highway lighting maintenance. He explained,
the proposed agreement provides that MN /DOT will install twelve street lights
on the Shingle Creek Parkway bridge and on the Dupont Avenue bridge, and that
the City will provide electrical power and assume the full operation maintenance
responsibility for these lights. He added, the estimated cost to the City is
approximately $50 per unit per year for a total of $600 per year.
RESOLUTION NO. 80 -290
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT'WITH MN /DOT FOR
HIGHWAY LIGHTING MAINTENANCE
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, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a resolution establishing water assessment rates
effective January 1, 1981 and explained this resolution adjusts the water
hookup rates, based on the consumer price index as per the existing policy.
RESOLUTION NO. 80 -291
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING WATER ASSESSMENT RATES EFFECTIVE JANUARY 1, 1981
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
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The City Manager introduced a resolution amending Municipal State Aid Street
Construction Policy to establish maximum assessment rate for residential
properties on 1981 projects. He explained, this resolution adjusts the
maximum rates for curb and gutter and street construction based on the con-
struction cost index. Mayor Nyquist noted there should be a correction in
the third paragraph of the resolution where the years 1980 and 81 are reversed
in order.
RESOLUTION NO. 80 -292
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION AMENDING MUNICIPAL STATE AID STREET CONSTRUCTION POLICY
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, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly-passed and adopted as corrected.
The City Manager introduced a resolution setting final date for submittal of
petitions for the local improvements in 1981.
RESOLUTION NO. 80 -293
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION SETTING FINAL DATE FOR SUBMITTAL OF PETITIONS FOR LOCAL IMPROVE -
MENTS - 1981
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
In discussion of the resolution, Ccuncilrmember Kuefler inquired how individuals
are notified of the deadline. The City Manager stated, the staff will be
sending out a letter to the developers in the area and that most developers
are already aware of the deadlines.
The City Manager introduced a resolution authorizing execution of agreement
for professional services with Orr- Schelen- Mayeron Inc. for construction
supervision services relating to reconstruction of lift station no. 2 (located
at Lyndale and 55th Avenue). He explained, remodeling of the lift station
is necessitated by the I -94 construction. At the.same time, he pointed out,
it is proposed to add a standby power plant at this site at City cost. He
stated, previous authorization has been granted to employ OSM for the design
of these improvements and the proposed resolution would authorize execution
of the agreement covering supervision and inspection of construction subject
to MN /DOT approval. Upon receipt of this tentative agreement, he explained,
MN /DOT will prepare a cooperative agreement covering both the actual construction
contract and this agreement for construction supervision.
RESOLUTION NO. 80 -294
Member Celia Scott introduced the following resolution and moved its adoption:
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RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES
WITH ORR- SCHELEN- MAYERON AND ASSOCIATES, INC. FOR CONSTRUCTION SUPERVISION
SERVICES RELATING TO RECONSTRUCTION OF LIFT STATION NO. 2
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the 'following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a resolution approving supplemental agreement no.
4 to.Contract 1980 -A (53rd Avenue improvements). He explained', this resolution
approves miscellaneous construction items completed for which no specific
payment items were established in the contract. He added, the total cost of
these improvements is $5,986.21.
RESOLUTION NO. 80 -295
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION PERTAINING TO SUPPLEMENTAL AGREEMENT NO. 4 TO CONTRACT 1980 -A (53RD
AVENUE NORTH IMPROVEMENT)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a resolution for hearing on proposed re- assessment
of Watermain Improvement Project No. 1978 -17. The City Attorney stated, that
he would recommend January 26, 1981 as the date for the public hearing. Council
members concurred with this hearing date and directed staffftb have this date
stated in the resolution. '
R ESOLUTION NO. 80 -296
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION FOR HEARING ON PROPOSED RE- ASSESSMENT OF WATERMAIN IMPROVEMENT
PROJECT NO. 1978 -17
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none., whereupon said resolution
was declared duly passed and 'adopted.
CONTINUATION OF PUBLIC HEARING ON CONSIDERATION OF SPECIAL USE PERMIT FOR
"SNACKS 'N NICK NACKS"
The City Manager noted the Council had continued the public hearing on the
consideration of the special use permit for "Snacks 'N Nick Nacks" from the
December 8, 1980 Council meeting. He stated, the staff has received no
additional material or comments from Mr. Blomberg regarding the Council's
consideration of the revocation of his special use permit. It was his under-
standing, he noted, that the business had closed since the December 8, 1980
meeting.
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i
Mayor Nyquist inquired if there was anyone present who wished to speak at the
public hearing. Mayor Nyquist recognized Judith Guinn, Building Manager of
Humboldt Court Apartments, who stated she opposed the continued operation of
"Snacks 'N Nick Nacks" since she and other residents of the Humboldt Court
Apartments had been harassed by clients of "Snacks 'N Nick Nacks Mayor
Nyquist inquired if there was anyone else who wished to speak at the public
hearing. No one appeared to speak.
There was a motion by Councilmember Fignar and seconded by Councilmember Scott
to close the public hearing on the consideration of the special use permit for
"Snacks 'N Nick Nacks ". Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, and Scott. Voting against: none, the motion passed.
RESOLUTION NO. 80 -297
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACKNOWLEDGING THE CLOSING OF THE SNACKS 'N NICK NACKS OPERATION AT
THE HUMBOLDT SQUARE SHOPPING CENTER AND THE DISCONTINUANCE OF THE SPECIAL USE
PERMIT FOR AN AMUSEMENT CENTER WITH ELECTRONIC AND MECHANICAL GAMES
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia ,Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTIONS CONTINUED
The City Manager introduced a resolution setting wages and salaries for the
calendar year 1981. He explained, the staff is interested in reviewing the
present pay plan to determine whether the structure of the plan, especially
the midpoint structuring of department head salaries, is accurate and equitable.
He added, the staff would like to review this portion of .the plan and audit
the ranges that are currently set in the plan. Councilmember Kuefler agreed
With the City Manager and suggested selecting several cities in the general'
area to form a Joint Powers Group to mutually examine their methods of
determining salaries. The City Manager concurred with Councilmember Kuefler's
suggestion and estimated that a review could be accomplished by examining
some of the bench mark positions in the plan. Mayor Nyquist noted, there
was a general Council concurrence to review the current pay plan with consultants
to determine whether it is an equitable and accurate plan. Councilmember
Kuefler requested that the staff report back to the Council on the progress
made towards reviewing the plan within the next couple of months. The City
Manager noted he would return with a report by the first meeting in March.
RESOLUTION NO. 80 -298
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1981
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, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
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RESOLUTION NO. 80° -299
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE
GENERAL FUND
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 80 -300
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1980 GENERAL FUND BUDGET
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 80 -301
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF 3,000 LBS. GRASS SEED
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon --said resolution
was declared duly passed and adopted.
RESOLUTION NO. 80 -302
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF 800 TREATED POSTS
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 80 -303
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) TANDEM AXLE DUMP TRUCK (DIESEL)
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
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RES NO. 80 -304
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF ONE COMPACT 1/4 TON PICKUP TRUCK
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and.Celia Scott;
and the following voted against the same: none, whereupon said resolution•
was declared duly passed and adopted.
RESOLUTION NO. 80 -305
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF 600 7' SIGN POSTS 3" PUNCH
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, Tony Kuefler, Bill Fignar, and Celia Scott;
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
PLANNING COMMISSION ITEMS
The City Manager introduced Planning Commission Application No. 80038 submitted
by K -Mart Corporation for site and building plan approval for a new garden shop
and special use permit approval for operation of the auto center at 3600 63rd
Avenue North and Application No. 80039 submitted by K- Mart Corporation for
preliminary'RLS approval to combine three existing tracts at 3600 63rd Avenue
North into a single parcel.
The Director of Planning and Inspections stated that the applicant had requested
both applications to be deferred to another meeting but he felt the applications
should not be delayed further, since K -Mart had requested the applications to
be deferred at two previous meetings also. He added, he requested that
representatives from K -Mart personally request the City Council to defer the
applications. He noted, applicants from K -Mart were not present at this
evening's meeting. The City Manager stated, the staff feels more comfortable
in presenting the applications rather than delaying them further and the
Council can either approve the Planning Commission's recommendations regarding
the applications or table the applications pending further consideration by
K -Mart.
RECESS
The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at
8:40 p.m.
FLANNING COMMISSION ITEMS CONTINUED
The Director of Planning and Inspections reviewed Applications No. 80038 and
80039 noting the Planning Commission tabled both applications at its October 9,
1980 meeting and the Planning Commission recommended approval of both applica-
tions at its October 23, 1980 meeting.
The Director of Planning and Inspections reviewed the location of the K -Mart
site noting the location is at the old Shoppers City site. He stated, under
Application No. 80039, K -Mart submitted a preliminary plat, noting that the
staff began discussions with K -Mart regarding the plat in early summer,
pointing out various deficiencies in the site plan. He noted, building permits
were issued for remodeling of the retail store but that a special use permit
was required for the operation of the auto center.
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The Director of Planning and Inspections reviewed for Council members the K -Mart
site plan and the site improvement recommendations made by the Planning Commission.
He noted, the preliminary plat had been sent to MN /DOT for review and that MN /DOT's
recommendations included the closing of two curb cuts into the site, one at the
southerly curb break on Brooklyn Boulevard and the other at the curb access at
63rd Avenue North. He explained, MN /DOT also recommended modifications of the
northerly curb break to a 90 degree angle to prevent left turns in and out of
the K -Mart site and to add a 12 foot turn lane. He explained, the Planning
Commission contended that the curb breaks and traffic patterns for the K -Mart 'I
site were designed for the old Shoppers City site which was designed and built
20 years ago. He pointed out, at the new K -Mart store on John Martin Drive,
there are only three curb breaks for roughly the same building size as the old
Shoppers City site. The Director of Planning and Inspections presented and
reviewed for Council members pages 7 through 8 of the October 23, 1980 Planning
Commission minutes regarding the K -Mart application and also reviewed the
conditions for approval of the final plat for the K -Mart site.
Mayor Nyquist inquired what the Council's options are in view of the absence of
the applicant. The City Attorney recommended that the Council not approve the
application without the applicant present. Councilmember Kuefler suggested
tabling the applications until K -Mart requests them to be on the agenda again.
There was a motion by Councilmember Kuefler and seconded by Councilmember
Scott to table Applications No. 80038 and 80039 submitted by K -Mart Corporation
recognizing that the tabling has been at the request of the applicant and that
the applications will not be placed on the Council agenda until the applicant
requests it. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
and Scott. Noting against: none, the motion passed.
ORDINANCE AMENDING THE _C ITY'S PERSONNEL POL ICIES
The City Manager introduced the ordinance amendment and explained,,it addresses
several sections of the current personnel ordinance to bring it into compliance
with current state and federal law and also comprehends the addition of a
floating holiday for nonorganized employees and a change in the severance pay
policy increasing the rate of reimbursement of unused sick leave from 1/4 to
1/3.
There was a motion by Councilmember Scott and seconded by Councilmember Fignar
to offer for first reading an ordinance amending Chapter 17 of the City
Ordinances relative.to personnel policies. In discussion of the motion,
Councilmember Kuefler suggested that other concepts for controlling sick
leave abuse are more effective than pay out in severance pay. Councilmember
Kuefler expressed a concern regarding what the City would gain in the change
of the reimbursement rate for unused sick leave from 1/4 to 1/3. The Director
of Finance stated, if we assume employees' attitudes will not change because
of the change in the policy, then it is not an advantage to the City, but the
assumption is that the severance pay policy will influence the employees' use
of sick leave. Councilmember Kuefler stated he would like to have more
information presented regarding the advantage of the change in the reimbursement
rate for unused sick leave at an upcoming meeting. The City Manager stated
he would provide this information at the second reading of the ordinance.
Mayor Nyquist called for a vote on the motion on the floor. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against:
none, the motion passed.
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APPROVAL OF MAPSI CONTRACT FOR 1981
The City Manager introduced the next agenda item and noted the proposed 1981
MAPSI contract is the same as prior years with the exception of increases
in the patrol rate from $11.25 to $12.50 per hour and the boarding rate from
$3.65 to $4.00 per day.
There was a motion by Councilmember Kuefler and seconded by Councilmember
Fignar to approve the Animal Control Contract for 1981 between the Municipal
and Private Service Inc. and the City of Brooklyn Center. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against:
none, the motion passed.
DISCUSSION ITEMS
POLICE DEPARTMENT LIQUOR LICENSE ANNUAL REPORT
The City Manager referred Council members to the 1980 Police Department liquor
license annual report and noted there are two specific issues which the City
must deal with regarding liquor licenses, one being the request by Mr. Roy
Miller of Nino's for a change in the payment schedule for the fee and the
problem with the Earle Brown Bowl where they are not meeting the food /liquor
split requirement of the ordinance. The City Manager stated, he would
recommend approval of the Earle Brown Bowl license contingent on them meeting
the food /liquor split during 1981. He noted, representatives of the Earle
Brown Bowl have agreed to this arrangement and the City staff will monitor
their progress during the year. After a brief discussion, Council members
concurred with the City Manager's recommendations regarding the renewal of
the liquor license,-for the - .Earle Brown Bowl.
The City Manager referred Council members to a report prepared by the Director
of Finance regarding the request for liquor license payment deferral made by
Mr. Roy Miller of Nino's. The Director of Finance pointed out there are no,
provisions in the current ordinance for deferral and if the ordinance is
changed, it may require changes in other City ordinances which would allow
the deferral of al -1 City license fees. The City Manager stated, the staff
has prepared a draft of an ordinance amendment for Council review and that
a change in the payment schedule for the liquor license fees would seem to
require a change across the board for other license holders to assure equal
protection for all license holders. The City Attorney pointed out the State
Statute requires an annual license fee to be set for the entire year and noted
there is a great equal protection problem in considering a change in the pay -
went schedule. He stated, there is a precedent for paying liquor license fees
in installments but there is no authority for a City to defer payment for a
hardship case for a single establishment.
Councilmember Kuefler suggested an option where a licensee could pay the
annual fee in its entirety at the beginning of the year or in installments
.but if the licensee chose to pay in installments, the cost of the license
would increase accordingly. The City <ttorney pointed out the State Statute
requires a specified sum fixed in advance for a licensee and that an increase
in the fee for installment payments would not be workable. In light of the
City Attorney's comments, Councilmember Kuefler stated the City should
maintain the present position with regard to license fees until the entire
license fee picture is obtained. Pointing out that the City is also looking
at the possibility of changing the license fees, he noted that an increase
in the liquor license fee could offset a change in the schedule of payments
for-license fees.
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Mayor Nyquist recognized Mr. Roy Miller, representing Nino's, who addressed the
Council and stated that the hospitality industry_is going through some dramatic
changes and that its revenue is less than in past years. Fie stated, a liquor
license is not a guarantee of profit. He explained, he finds it difficult to
understand how the Earle Brown Bowl could be given consideration with its
liquor /food split problem but the deferred payment for license fees could not.
Counciliaember Kuefler inquired if there was any inconsistency in denying the
request by Nino's and approving the license for the Earle Brown Bov;l contingent
on them meeting the liquor /food split requirement during 1981. The City
Attorney stated there is no real comparison between the two issues and that
they are two completely separate issues. Councilmember Fignar noted the
ramifications for a change in the payment schedule for liquor license -fees
would appear to affect all licenses in the City and more than just one
.establishment or even liquor.license fees alone. Councilmember Kuefler con-
curred with Councilmember Fignar and stated that he believes the City policy
should remain as it is regarding the payment of liquor license fees.
CITY COU SALARIES FOR 1981
The city Manager referred Council members to a salary survey prepared by the
City staff which reviewed the Council salaries for 1980 and 1981 in 12 other
metropolitan communities. The City Manager stated he recommended reviewing
the Council salaries on an annual basis. After a brief discussion, Mayor
Nyquist noted the consensus of the Council is that there should be no change
in the Council salaries for 1.981.
COUNCIL MEETING SCHEDULE FOR 1981
The City Manager referred Council members to a memorandum outlining a proposed
meeting schedule for 1981 Council meetings. There was a motion by Council-
member Fignar.and seconded by Councilmember Scott to approve the 1981 City
Council meeting schedule as submitted. Voting in favor: Mayor Nyquist,
Councilmembers Kuefler, Fignar, and Scott. Voting against: none,-the motion
passed.
HUMAN RIGHTS CHEMICAL DEP SEMINAR
The City Manager stated, the Human Rights Commission is requesting funding for
honorariums for speakers at the upcoming seminar and also printing costs for
the brochure announcing the seminar. Administrative Assistant Bublitz stated
there would be three speakers at the seminar and that the Commission would
like to pay $25 per speaker as an honorarium. Also, he added, the Commission
will be sending brochures inviting various organizations and individuals to
the seminar and that he believed $150 would cover the cost of the honorariums
and the brochure.
There was a motion by Councilmember Scott and seconded by Councilmember Fignar
to authorize the expenditure of $150 for the Human Rights Commission's chemical
dependency seminar. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, and Scott. Voting against: none, the motion passed.
CONSIDERATION OF INSURANCE PROPOSALS
The Director of Finance stated, 1981 is the second year of a contract with
Home Insurance Company and that the League of Minnesota Cities Insurance
Trusts will be coming up with an insurance package for Minnesota Cities. He
explained, the staff will be looking at the proposal from the League of Minnesota
Cities Trust and the Home Insurance Company and will return with recommendations
to the City Council in January, 1981.
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DETERMINATION OF ADEQUATE FUND BALANCE IN THE GENERAL FUND
The City Manager referred Council members to a memorandum from the Director of
Finance regarding the determination of adequate fund balance in the general
fund and the transfer of funds in excess of that balance to the capital
projects construction fund. He pointed out that, generally the working capital
necessary for conducting City business should be set at a maximum of 25% of the
total_ general fund budget which would provide funds for three months of
expenditures. Generally, he stated, a fund balance of between three and six
months of expenditures is acceptable. Councilmember Kuefler inquired whether
there were any State Statutes regulating this fund balance. The Director of
Finance explained there are no restraints on the minimum or maximum allowable
fund balance. Councilmember Kuefler then inquired whether there were any
accepted norms for the fund balance. The Director of Finance explained there
were none but the rating bureaus look at the fund balance of the City in order
to establish a bond rating. Further, he recommended reviewing the amount of
the fund balance each year. Councilmember Kuefler stated he concurred with
the Finance Director's recommendations contained in his memorandum and would
support Council approval of those recommendations.
There was a motion by Councilmember Fignar and seconded by Councilmember
Scott to set the fund balance as stated in M &C 80 -31 prepared by the Director
of Finance, transfer $490,000 from the general fund to the capital projects
construction fund and to review the fund balance of the general fund again
during the 1982 budget considerations to again determine an adequate fund
balance. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
and Scott. Voting against: none, the motion passed.
LI CENSES
There was a motion by Councilmcmber Scott and seconded by Councilmember
Kuefler to approve the following list of licenses:
CIGARETTE LICENSE
A & J Enterprises 2367 University Ave.
Dayton Home Store Hwy. 100 & Brookdale Blvd.
Bob Ryan Olds, 6700 Brooklyn Blvd.
Schmitt Music 2400 Freeway Blvd.
American Vending P.O. Box 380
Brookdale Motel 6500 Lyndaie Ave. N.
Beacon Bowl 6525 Lyndale Ave. N.
Big -Bi Service Station 5710 Xerxes Ave. N.
Bill's Juice Vending 3900 Beard Ave. S.
Marc's Budgetel 6415 Tames Ave. N.
Bonine Vending 125 Riversegde Way
Brookdale Towers 2810 County Rd. 10
Brookdale Ford Inc. 2500 County Rd. 10
Brooklyn Center Am. Legion Post #630 4307 70th Ave. N.
Brooklyn Center Shell 6245 Brooklyn Blvd.
Consumer Mending 2727 26th Ave. S.
Country Club Market 5715 Morgan Ave. N.
Midwest Vending Company 8645 5th Ave. S.
Brookdale Chrysler Plymouth 6121 Brooklyn Blvd.
Pyramid Petroleum Corporation 2605 County Rd. 10
Q Petroleum Corp. 6500 Barrie Road
Q. Petroleum 1505 69th Ave. N.
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Red Owl Store dba Country Store 5425 Xerxes Ave. N.
Red Owl Store dba Country Store 3600 63rd Ave. N.
Servomation 7490 Central Ave. N.E.
Dayton's Brookdale Shopping Center
Donaldson's Brookdale Shopping Center
Earle Brown Office Bldg. 6040 Earle Brown Dr.
J.C. Penneys Brookdale Shopping Center
Snyder Brothers Drug 1296 Brookdale Shopping Center
Theisen Vending, Inc. 3804 Nicollet Ave. S.
Gazebo Brookdale Shopping Center
Nino's Steak Round -Up 6040 Earle Brown Drive
Bill West 76 Station 2000 57th Ave. N.
Twin City Novelty 9549 Penn Ave. N.
Chuck Wagon Inn 5720 Morgan Ave. N.
Vicker's Minneosta Oil 7645 Lyndale Ave. S..
Vicker's 6830 Brooklyn Blvd.
A. Weisman Co. 2727 26th Ave. S.
Sears 1297 Brookdale Shopping Center
Wes' Standard Service 6044 Brooklyn Blvd.
Woodside Enterprises 2500 Nathan Lane
Poppin Fresh Pie Shop 5601 Xerxes Ave. N.
FOOD ESTABLISHMENT LICENSE
Q.'Petroleum Corp. 6500 Barrie Road
Q. Petroleum 1505 69th Ave. N.
GAS OLINE SERVICE STATION LICENS
Big- Bi.Service Station 5710 Xerxes Ave. N.
Brookdale Car Wash 5500 Brooklyn Blvd.
Brooklyn Cen4er Mobil 6849 Brooklyn Blvd.
Brooklyn Center Shell Service 6245 Brooklyn Blvd:
Brooklyn Service Center 6901 Brooklyn Blvd.
Davies Water Equipment 4010 Lakebreeze Ave. N.
Green Meadows 3319 49th Ave. N.
Howe, Inc. 4821 Xerxes Ave. N.
Metropolitan Transit Commission 6845 Shingle Creek Pkwy.
Northern States Power Company 4501 68th Ave. N.
Northwestern Bell Telephone Co. 6540 Shingle Creek Pkwy.
Pyramid Petroleum Corp. 2605 County Rd. 10
Seven - Eleven Food Stores 7841 62nd Ave. N.
Seven- Eleven Food Stores 1500 69th Ave. N.
Vicker's i:innesota Oil Co. 7645 Lyndale Ave. N.
Vicker's 6830 Brooklyn Blvd.
Wes' Standard Service 6044 Brooklyn Blvd.
LODGING ESTABLISHMENT LICENSE
Holiday Inn 1401 Freeway Blvd.
Mafc's Budgetel 6415 James Circle N.
New Life Homes - His Place 6121 Excelsior Blvd.
His Place 1120 69th Ave. N.
Riverside motel 5608 Lyndale Ave. N.
Thrifty -Scot Motel 6445 James Circle
12 -22 -80 -15-
NURSING HOME LICENSE
Maranatha Conservative Home 5401 69th Ave. N.
OFF -SALE NONINTOXICATING LIQUOR LICENSE
Q. Petroleum Corp. 6500 Barrie Road
Q. Petroleum 1505 69th Ave. N.
Red Owl Stores dba Country Store 3600 63rd Ave. N.
ON -SALE CLUB LIQUOR LICENSE
Brooklyn Center Am. Legion Post #630 4307 70th Ave. N.
ON- SALE NONINTOXICATING LIQUOR LICENSE
Beacon Bowl 6525 Lyndale Ave. N.
Chuck Wagon Inn 5720 Morgan Ave. N.
Denny's, Inc. 3901 Lakebreeze Ave. N.
Donaldson's 1200 Brookdale Shopping Center
Good Earth Restaurant 5717 Xerxes Ave. N.
Happy Dragon Restaurant 5532 Brooklyn Blvd.
Lynbrook Bowl, Inc. 6357 North Lilac Drive
Pizza Factory 6816 Humboldt Ave. N.
Taco Towne Restaurant 6219 Brooklyn Blvd.
ON -SALE INTOXICATING LIQUOR LICENSE
Ground Round Restaurant 2545 County Rd. 10
Holiday-Inn 1501 Freeway Blvd.
Lemon Tree Restaurants, Inc 5540 Brooklyn Blvd.
ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE
Earle Brown Bowl 6440 James Circle
Ground Round Restaurant 2545 County Rd. 10
Holiday Inn 1501 Freeway Blvd.
Lemton Tree Restaurants 5540 Brooklyn Blvd.
ON --SALE WINE LICENSE
Denny's, Inc. 3901 Lakebreeze Ave. N.
Good Earth Restaurant 5717 Xerxes Ave. N.
RENTAL DWELLING LICENSE
Initial:
Ken Berwald, Eugene Berwald S
Patrick J. Gaughan Victoria Townhouses
John S. Tschohl 5416 Fremont Ave. N.
Elkhorn Partners 5612 Irving Ave. N.
Michael & Beverly Kratochvil 6131 Kyle Ave. N.
John &Catherine McDonald 6430 Major Ave. N.
Renewal:
Harrington Properties Hi Crest Apartments
Fred Johnson 5324 Bryant Ave. N.
Robert A. Gold 7217 Camden Ave. N.
Michael K. Uzzel 5235, 37 Drew Ave. N.
Peter & Joan Neururer 6737,43 Humboldt Ave. N.
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Thomas & Mary Harty 5837 Lyndale Ave. N.
Edward C. Sass 5101 -03 Xerxes Ave. N.
Thomas & Bill Howe 3112 49th Ave. N.
Ralph H. Anderson 5401 63rd Ave. N.
Dennis schuette & Jerry Jacobson 4408 69th Ave. N.
Gladys E. Peri "sian 3806 - 72nd Ave. N.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott.
Voting against: none, the motion passed.
ADJOURNMENT
There was a motion by Councilmember Kuefler and seconded by Councilmember
Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, and Scott. Voting against: none, the motion passed. The
Brooklyn Center City Council adjourned at 10:09 p.m.
Cl rk Mayor
12 -22 -80 -17-