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HomeMy WebLinkAbout1980 11-03 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 NOVEMBER 3, 1980 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor pro tem Celia Scott at 7:00 p.m. Mayor Dean Nyquist arrived at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, 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, Parks and Recreation Director Gene Hagel, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Glad of Harron Methodist Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session at this evening's meeting. He inquired of the audience if any- one was present who wished to address the Council. There being none, the Mayor proceeded with the regular agenda items. PRESENTATION OF PLAQUE TO JOHN LINNER The City Manager referred Council members to a memorandum prepared by the Director of Finance commending Mr. John Linner for over 14 years of service to the City in the Park Department. In recognition of Mr. Linner's many years of service to the City, Mayor Nyquist presented Mr. Linner with a plaque recognizing his service to the City. PERFORMANCE BOND RELEASES /REDUCTIONS The City Manager referred Council members to a memorandum from the City's Building Official which recommended the release of the performance guarantee on Winchell's Donuts located at 1912 57th Avenue North and the reduction of the performance guarantee on 7 -11 located at 1500 69th Avenue North from $25,000 to $2,000. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to release the performance guarantee on Winchell's Donuts located at 1912 57th Avenue North and to reduce the performance guarantee on 7 -11 located at 1500 69th Avenue North from $25,000 to $2,000. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against; none, the motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution transferring funds from Council Contingency Fund to Street Construction Account for Shingle Creek restoration and pointed out that the resolution was first introduced at the August 11, 1980 meeting and was tabled to this first meeting in November. 11 -3 -80 -1- Councilmember Kuefler informed Council members that he had discussed this its with the Mayor of Brooklyn Park and one Brooklyn Park Councilman, specifically regarding the fact that Brooklyn Center had no written record of the agree t. He stated, he believes Brooklyn Park will attempt to observe the policy of obtaining written agreements more closely in the future. There was a motion by Councilmember Kuefler and seconded by Councilmember' Fignar to approve the resolution transferring funds from Council Contingency Fund to Street Construction Account for Shingle Creek restoration. In discussion of the resolution Councilmember Lhotka inquired what the purpose of the restoration was. The City Manager explained there was considerable tree growth and obstructions in the creek resulting in ponding of the creek. He explained Brooklyn Park clear cut the area to improve the channel capacity. Mayor Nyquist called for a vote on the motion on the table. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. RESOLUTION NO. 80. -258 Member Tony Kuefler introduced the following resolution and moved its adoptions_ RESOLUTION TRANSFERRING FUNDS FROM COUNCIL CONTINGENCY ACCOUNT TO STREET CONSTRUCTION ACCOUNT FOR SHINGLE CREEK RESTORATION 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, Gene Lhotka, 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 an amendment to an agreessent with the City of Brooklyn Park relative to providing utility Service to Brooklyn Center property owners along Brooklyn Boulevard northerly of Shingle Creek and explained this resolution provides for water and sanitary sewer services to be provided to the new LEAP building by way of connections to the Brooklyn Park utilities. RESOLUTION NO. 80 -259 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT WITH THE CITY OF BROOKLYN PARK RELATIVE TO PROVIDING UTILITY SERVICE TO BROOKLYN CENTER PROPERTY OWNERS ALONG BROOKLYN BOULEVARD NORTHERLY OF SHINGLE CREEK The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, 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 an agreement with the City of Brooklyn Park for the installation of a traffic control signal system and geometric roadway improvements at the intersection of T.H. 252 (West Riven Road) at 73rd Avenue North. Councilmember Kuefler inquired whether the staff was checking into possible changes in legislation to provide reimbursement from the State for this project. The City Manager explained the staff will be monitoring and following up on this possible legislation. 11 -3 -80 -2- RESOLUTION NO. 80 -260 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AGREEMENT WITH THE CITY OF BROOKLYN PARK FOR THE INSTALLATION OF A TRAFFIC CONTROL SIGNAL SYSTEM AND GEOMETRIC ROADWAY IMPROVE - MENTS AT THE INTERSECTION OF T.H. 252 (WEST RIVER ROAD) AT 73RD AVENUE NORTH 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, Gene Lhotka, 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 authorizing execution of a quit claim deed to Carl Vickroy and Marjorie R. Vickroy for the west 30 feet of lot 8, block 3, Waite's 2nd Addition. The Director of Public Works pointed out that in 1958, the City had originally intended to extend Regent Avenue and in anticipation of this, the property owner gave the City the necessary roadway easement. He explained the area was ultimately platted and the roadway was abandoned and the City vacated the street. He pointed out, the quit claim deed granting the City the property for the roadway had indicated the property was to be used for road purposes only. He explained the reason for the current request is that the property is being sold and that this easement may be a possible problem on the title for the property. I RESOLUTION NO. 80 -261 Member Tony Kuefler .introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF QUIT CLAIM DEED TO CARL VICKROY AND MARJORIE R. VICKROY FOR THE WEST 30 FEET OF LOT 8, BLOCK 3, WAITE'S SECOND ADDITION 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, Gene Lhotka, 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 authorizing the purchase of shade trees and pointed out these trees will be planted in the Central Park picnic area, adding, it is recommended the quotation of Instant Shade Inc. in the amount of $4,966 be accepted. Councilmember Lhotka inquired what size and type the trees would be. The City Manager explained there were various types of trees including linden, sugar maple, locust, hackberry and other maple varieties all in the 3Y" to 6" diameter size. He added, the trees are guaranteed for 12 months. RESOLUTION NO. 80 -262 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF SHADE TREES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted 11 -3 -80 -3- in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, 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 authorizing the purchase of basketball and volleyball standards and explained these items are comprehended in the park bond issue and it is recommended the quotation of Minnesota Playground Inc. in the amount of $2,670.89 be accepted. RESOLUTI014 NO.` 80 -263 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF BASKETBALL AND VOLLEYBALL STANDARDS 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, Gene Lhotka, 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 accepting bid for one 7 -gang tractor mower and explained it is recommended the bid of Minnesota Toro Inc. in the amount of $23,876 be accepted. The City Manager explained that R.L. Gould and Co. submitted a lower bid in the amount of $23,733 but the higher bid is being recommended because of the difficulty in obtaining parts from the Gould Co. Councilmember Fignar inquired what the life expectancy of the tractor mower would be. The Director of Public Works explained the tractor mower could be expected to.last approximately 16 years. RESOLUTION NO. 80 --264 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR ONE (1) 7 -GANG TRACTOR MOWER 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, Gene Lhotka, 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 accepting bid for swimming pool deck tiling and recommended the bid of Land of Lakes Tile for the base bid plus alternate no. 2 be accepted in the amount of $30,540. RESOLUTION NO. 80 -265 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR COMMUNITY CENTER SWIMMING POOL DECK TILING 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 11 -3 -80 -4- The.City Manager introduced a resolution expressing recognition of and appreciation for the dedicated public service of Edith Johnson and pointed out that Edith served as a member of the Human Rights Commission from January 1977 through May 1980. RESOLUTION NO. 80 -266 Member Gene Lhotka introduced the following.resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EDITH JOHNSON 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, Gene Lhotka, 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 Application No. 80044 submitted by the Lutheran Church of the Master for preliminary plat approval for the Lutheran Church of the Master site and the single family residence to the east at 1200 and 1120 69th Avenue North. He pointed out the Planning Commission recommended approval of Application No. 80044 at its October 23, 1980 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 1 through 2 of the October 23, 1980 Planning Commission minutes pertaining to Application No. 80044 and also the Planning Commission informa- tion sheet prepared for the application- He proceeded to review a transparency of the preliminary plat for the Lutheran Church of the Master site. He pointed out the Planning Commission recommended approval of Application No. 80044 subject to four conditions which the Director of Planning and Inspections: reviewed for Council members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 80044 and inquired if there was anyone present who wished to speak either against or for Application No. 80044. No one appeared to speak. There was a motion by Councilmember Fignar and seconded by Council - member Lhotka to close the public hearing on Application No. 80044. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; a il voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve Application No. 80044, preliminary plat approval of a two .lot subdivision including the Lutheran Church of the Master and the residence to the east on 69th Avenue North, subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The plat shall be modified prior to final plat approval, to indicate dedication of 7 feet of additional right -of -way along 69th Avenue North. 11 -3 -80 -5- 4. The storage shed on the northwest portion of lot 2 shall be relocated in a manner to meet setback requirements for accessory structures prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager introduced Application No. 80045 submitted by the Gittleman Corporation for a site and building plan approval to rebuild four garages destroyed by fire and a small parking lot at Apartment No. 19 at Twin Lake North Apartments, 4500 58th Avenue North. He explained, the Planning Commission recommended approval of Application No. 80045 at its October 2 °3, 1980 meeting. The Director of Planning and Inspections presented and reviewed pages 2 through 3 of the October 23, 1980 Planning Commission minutes pertaining to Application No. 80045 and also the Planning Commission information sheet prepared for the application. He proceeded to review a transparency of the site and building plan for Application No. 80045 and pointed out the Planning Commission . recommended approval of the application subject to six conditions which he' reviewed for Council members. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Application No. 80045, site and building plan approval for the reconstruction of four garages destroyed by fire and the completion of a - twelve stall parking lot in the vicinity of Apartment No. 19 at the Twin Lake North Apartment Complex at 4500.58th Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. Grading and drainage plans are subject to approval by the City Engineer prior to the issuance of building permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. Fire stops shall be installed in all garages in the Twin Lake North Apartments complex prior to release of the performance guarantee. 5. B612 curb and gutter shall be provided around the new parking lot. 6. The parking lot surface shall meet the minimum requirements of the Zoning Ordinance and be appropriately striped. _Voting in favor: Mayor Nyquist, Councilmember Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager explained that Applications No. 80038 and 80039 submitted by K -Mart Corporation for site and building plan approval for a new garden shop and special use permit approval for operation of an auto center and preliminary RLS approval to combine three existing tracts at"3600 63rd Avenue North into a single parcel have been requested to be withdrawn from the agenda by K -Mart Corporation. 11 -3 -80 -6- ORDINANCES The City Manager introduced an ordinance amending the Brooklyn Center City Charter and explained the ordinance was first read at the October 6, 1980 City Council meeting, published on October 16, 1980 and is.presented this evening for a second reading. He added, adoption of this ordinance requires an unanimous vote of the City Council. ORDINANCE NO. 80 -9 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance authorizing the conveyance of real estate from the City of Brooklyn Center to Brandvold Construction Inc. and explained this ordinance was first read on October 6, 1980, published on October 16, 1980 and is presented this evening for a second reading. ORDINANCE NO. 80 -10 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN CENTER TO BRANDVOLD CONSTRUCTION, INC. The motion for the adoption of the foregoing ordinance 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance authorizing the conveyance of real estate from the City of Brooklyn Center to Charlson Research Foundation and explained, this ordinance was first read on October 6, 1980, published on October 16, 1980 and is presented this evening for a second reading. ORDINANCE NO. Member Tony Kuefler introduced the following ordinance and moved its adoption: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN CENTER TO CHARLSON RESEARCH FOUNDATION The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: Gene Lhotka, whereupon said ordinance was declared duly passed and adopted'. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8:11 p.m. 11 -3 -80 -7- DISCUSSION ITEMS NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION JOINT POWERS AGREEMENT The City Manager explained, the Northwest Suburbs Cable Communications Commission Joint Powers Agreement has been recommended for approval by the Commission and is now being submitted to the various city councils of the member cities for their consideration. He explained, this Joint Powers Agreement is a compromise, agreement that has been worked out over the past several months. He added, the agreement is not a completely satisfactory one but one that would appear to be acceptable. He noted, one of the features of the Joint Powers Agreement is that a unanimous vote is required of the Commission members to grant the cable communications franchise. He explained, the withdrawal procedures in this agreement appear to be acceptable and that the three - fourths vote of Commission members required for budget approval also appears to be acceptable. He explained this agreement is not the agreement that the staff had hoped to achieve but that in terms of a compromise agreement it was acceptable. Councilmember Kuefler inquired whether at this point it would be viable for - the City of Brooklyn Center to attempt to grant a cable franchise on its own. The City Manager replied that he did not believe that this was a viable option at this time since the City is not of sufficient size to warrant a complete cable system on its own, especially in consideration of the vast amount of programming involved in a cable system. Mayor Nyquist inquired whether the requirement of a unanimous vote of the Commissioh to adopt the franchise could be changed in the-future. The City Attorney pointed out that typically, if Joint Powers Agreements are amended, they require a reopening of the entire process. The City Manager pointed out, an amendment of this nature would require a unanimous vote of the Commission. He added, the resolution before the Council would authorize the City to enter' into the Joint Powers Agreement for the Northwest Suburbs Cable Communications Commission and would also appoint two directors to that Commission. After a brief discussion, there was a general concurrance among Council members to appoint the City Manager and Councilmember Scott as directors to the Northwest Suburbs Cable Communications'Cominission and they requested this to be reflected in the authorizing resolution. RESOLUTION NO. 80 -267 Member Bill Fignar introduced the following resolution and moved its adoption RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT FOR NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka and Celia Scott; and the following voted against the same: none, whereupon said ' resolution was declared duly passed and adopted. TWIN LAKE WATER PATROL REPORTS The City Manager introduced the next discussion item and explained that the reports submitted to the Council on Twin Lake are from the Hennepin County Sheriff's office and are a record of watercraft activity on Twin Lake over the past summer as recorded by the Sheriff's office. Councilmember Fignar stated, it appears the City will have to live with the current DNR regulation and Hennepin County's jurisdiction over the lake, - adding, it appears a legislative 11 -3 -80 -8- solution would not be looked on favorably at this point. He noted, if the PP usage problem is as severe as it appears to be from the Sheriff's office P reports, perhaps the only solution is to sell the land for another use. The City Manager stated, another alternative may be to eliminate the sand beach area so that the concept of the beach could be eliminated. Councilmember Fignar inquired how valuable the beach property was. The City Manager stated that he believes the City could sell the property if there were no deed restrictions on the property. He explained the City is improving the area with walkways and playground equipment and that the staff is concerned with vandalism in the area. Councilmember Fignar inquired how the new playground equipment might be protected. The City Manager explained, the only certain way to protect the equipment is to man the area and guard it. Councilmember Scott pointed out, the beach has existed for many years and that it is established as a beach area, adding that, even with no parking restrictions, people will still use the area as a beach since it has been known as a beach for such a long time. The City Manager explained, the beach area is really not a viable area without adequate parking and added, the attractiveness of the area for many younger people is that it is an unsupervised beach. Council- member Scott stated she believes the area could be a usable beach with proper supervision. The City Manager stated that all present indications are that it would not be a viable beach area. Councilmember Fignar stated, if the problem is as'severe as it appears, perhaps the sale of the land is a worthy idea. He requested the staff look into the feasibility of this approach. Councilmember Kuefler commented, the feedback he has received from the Park and Recreation Commission and from the commissioner who represents this park service area, has been that last summer was the best summer for the Twin Lake Beach in terms of control of vandalism and mayhem in the area. He explained, the area residents have indicated that they want to keep the beach open. He added, it is his understanding the original concern of the Council was over problems with watercraft on the lake and not with the beach area in particular. He noted, these appear to be two separate'issues. He stated, the neighborhood appears to still want the beach and added that closing the beach should not be considered until the neighborhood area is again polled regarding their concerns and wishes for the area. ODuncilmember Lhotka stated, the Sheriff's office reports indicate that violations ceased when Hennepin County officers entered the area. He pointed out, one alternative appears to be to limit horsepower on the lake, adding that the DNR now appears to accept this approach. Councilmember Kuefler stated he would hope that if Brooklyn Center, Robbinsdale and Crystal join together, the three cities could gain control over the lake area in a Joint Powers Agreement rather than having Hennepin County retain control over the lake. He suggested that Brooklyn Center, Crystal and Robbinsdale jointly pass a resolution to request legislators to carry a special bill to give jurisdiction to "the three cities rather than the County. The City Attorney stated he believes Councilmember Kuefler's suggestion is a sound approach to the problem. He added, the City could ask the legislature to create a Park and Recreation District for this area to be administered by the three cities. He added, the other solution would be a Joint Powers Agreement between the three cities. Councilmember Lhotka questioned if the legislature concurred with the Joint Powers Agreement approach would this then create a Lake Con- servation District. The City Attorney stated that this would not create a 4 - 11 -3 -80 -9- Lake.Conservation District since this is something that could be only created by the State. The City Manager stated, the DNR regulatory "umbrella" will still cover the activities on the lake but we could ask for a jurisdiction change if the three cities agree to a Joint Powers Agreement. The City Attorney suggested that if a legislative approach is pursued, a local bill should be requested applying to Twin Lake only. Councilmember Lhotka stated, he would contact representatives from Crystal and Robbinsdale and inform them of the Council's intentions on this matter. LIQUOR LICENSE FEE STUDY The City Manager introduced the next agenda item and explained the staff report on on -sale liquor license fees has been prepared for the Council's information and the staff is recommending that the report be referred to the Brooklyn Center Chamber of Commerce for their review and comment before any action is taken by the City Council on this matter. Councilmember Kuefler stated, he found the memorandum very informative and it appears to be an accurate historical picture of the development of the liquor license fee in Brooklyn Center. He stated he would like to pass the report on to the Chamber for their reaction. The City Manager pointed out that presently, one of the liquor establishments in the City is not meeting the 50% liquor /food split requirement and the staff is meeting with their representatives and will likely recommend allowing one more year for them to come into compliance with the regulation. Council - member Lhotka inquired what establishment was not currently meeting this requiremeht. The City Manager explained, it was the Earle_ Brown Bowl. He pointed out, the City has essentially three controls over liquor. One being the investment requirement, the second being the liquor /food split, and the third being liquor license fees. He stated, he believes these controls have , been somewhat eroded by inflation and that some of the licenses have gone down in quality. He added, some cities have severe problems with proliferation of on -sale establishments and that these three controls are essential to pre- venting this type of problem. Councilmember Kuefler inquired whether an ad hoc committee would be appropriate at this point. The City Manager suggested that the Council go through the review of the liquor licenses before a committee is created. Councilmember Fignar inquired whether the investigation charge for out -of -state investigations is l imited to $500. Administrative Assistant Hoffman stated that by statute, the amount is $10,000 and by local ordinance it is limited to $500, but that he would check into this to make sure these figures are correct. Councilmember Fignar stated, perhaps an ordinance amendment is in order and inquired how court fines offset the costs involved with liquor licenses. Administrative Assistant Hoffman stated, to separate the liquor related fines is an almost impossible task since each dollar fine received would have to be traced in police records. There was a general concurrence among Council members to send the memorandum on on -sale liquor license fees to the Chamber for their review. AUTOMATED LIQUOR MANAGEMENT CONTROL SYSTEM The City Manager stated this item is the request for authorization to participate in the LOGIS Liquor Inventory Control Management System Development Project. He explained the point of sales terminals used in the liquor stores are designed to fit into this program. Councilmember Scott inquired what the $65,000 cost will cover. The Director of Finance explained, this is the programming cost for the system and that no hardware is included, adding that the City currently has all the hardware necessary to implement the program. i 11 -3 -80 -10- There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to authorize the City to participate in the LOGIS Liquor Inventory Control Management System Development Project. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager stated, the special Council meeting to tour the various physical facilities of the City including the LOGIS system, the Public Works garage, and the Police Department has been set for November 19 at 7:00 p.m. LICENSES - There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the following list of licenses: CIGARETTES LICENSE K -Mart Corporation 3600 63rd Ave. N. FOOD ESTABLISHMENT LICENSE Jeffery Krueger Taco 'Towne Restaurant 6219 Brooklyn Boulevard NONPERISHABLE VENDING MACHINES LICENSE K -Mart Corporation 3600 53rd Ave. N. Coca Cola Bottling Midwest 1189 Eagan Industr. Rd. Perkins Cake & Steak 5915 John Martin Dr. MECHANICAL SYSTEM'S LICENSE Dependalbe Heating & Air Cond. 2615 Coon Rapids Blvd. H. 0. Soderlin, Inc. 3731 Chicago Ave. RENTAL DWELLING LICENSE Initial: ° Clarence H. Isaacson 6801 Aldrich Ave. N. Duane Erickson, 7019 Dallas Rd. N. Steve Jarnot & Vicki Daley 5335 Emerson Ave. N. Mr. & Mrs. Kenneth Ready Jr. 1019 73rd Ave. N. Transfer: Charles Barnes 5001 Ewing Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 9:20 p.m. Clerk May 11 -3 -80 _11_