HomeMy WebLinkAbout1979 06-11 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
JUNE 11, 1979
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.
POLL CALL
Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott. Also present was City Manager Gerald Splinter, City Attorney
Richard Schieffer, Director of Planning and Inspection Ron Warren, Acting Director
of Public Works James Noska, Director of Finance Paul Holmlund, Fire Marshal Linus
Manderfeld, Building Official Will Dahn, Building Inspector Andy Alberti, Director
of Parks and Recreation Gene Hagel, and Administrative Assistants Brad Hoffman and
Mary Harty.
INVOCATION
The invocation was offered by Vicar John Kaiser of the Lutheran Church of the Triune
God.
APPROVAL OF MINUTES - 14, 1979, MAY 21, 1979 & BOARD OF EQUALIZATION -JUNE 4, 1979
The City Manager asked that a correction be made on page 10, paragraph 7 of the
May 14, 1979 City Council minutes. The first sentence of the paragraph as changed
would read, "The Director of Planning and Inspection briefly reviewed the history
from the point of the January 6, 1979 fire at which time an approximate 74' x 217'
metal pole barn type building for warehouse and storage purposes was destroyed ".
There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to
approve the minutes of the City Council meeting of May 14, 1979 as corrected. Voting
in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none. The motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to
approve the minutes of the May 21, 1979 City Council meeting as submitted. Voting
in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against:
none. The motion passed. Councilmember Lhotka abstained as he was not present at
that meeting.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve the minutes of the Board of Equalization meeting of June 4, 1979 as submitted.
Voting.in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.
Voting against: none. The motion passed unanimously.
OPEN FORUM
Mayor Nyquist opened the meeting for the purpose of the Open Forum session. Mayor
Nyquist recognized Mr. Leo Hanson of 4903 Brooklyn Boulevard who wished to address
the problem of dying lawns and gardens in the area of Howe, Inca Mr. Hanson inquired
whether test results from any of the three groups which took tests in the area to
determine the reason for the dying lawns and gardens had been received yet. The
City Manager stated he had received a call from the Department of Agriculture and had
spoken with Mr. Grotbeck about the tests. The City Manager stated he had not received
a written review of the test results but anticipated that he would receive that this
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week. The City Manager stated the test taken by the Department of Agriculture
indicates that the problem is being caused by a chemical present in Atrazine.
That chemical is present in sufficient concentration to kill lawns and gardens.
He stated contact had also been made with the University of Minnesota to find
possible means for restoration of the lawns and gardens. The City Manager
noted Mr. Grotbeck thought the dying lawns and gardens were related to problems
n of Howe Inc.
operation ,
day-to-day P
caused from the fire rather than from the
Mr. Hanson stated the air had been extremely bad in the last couple of days and
further stated you can feel the dust and particles drop in your hands. Mr. Hanson
commented a call had been made to the Governor in order to get action to take care
of this problem of the dying lawns and gardens. He noted everything had been killed
except for the corn. He stated damage to lawns and gardens had occurred about four
times in the past but at those times it may have been the ammonia fumes. Mr. Hanson
questioned what will be done and when something will be done and also questioned
who will put force behind any action recommended. Councilmember Lhotka responded
as soon as the Council has a written review and has adequate information, the
Council will take the initiative.
Mr. Hanson stated Howe has commented that the problem did not stem from Howe, Inc.
Mr. Hanson further stated Atrazine has a two to three year carry over and potentially
could continue to kill grass and lawns for up to three years. He stated he had
been informed it would be necessary to take off six inches of dirt in order to lay
sod which would grow.
The City Manager again stated he was waiting for a written review from the Depart-
ment of Agriculture and from the University. He again stated he expected to receive
that written review by midweek. He stated it is likely that information would be
available for the next Council meeting and with the information, City staff could
investigate possible answers to the problem and possible legal alternatives to
solving the problem.
Mayor Nyquist questioned whether there were chemicals to neutralize the culprit
chemical in Atrazine. The City Manager responded it does not appear there are
chemicals to neutralize but that could be investigated.
Councilmember Fignar questioned the City Attorney as to the implication that this
new problem might have on a possible phase out of Howe, Inc. The City Attorney
responded he had been researching whether or not the City has the authority to
phase out Howe based on its nonconforming use status. He stated that there was
Minnesota Case Law which dealt with billboards. He noted the Constitution protects
s property rights unless a municipality wishes to purchase property. He stated he
had also begun research into the case law of other states. In certain other states
i there is case law which deals with phase out of nonconforming uses but the phase
outs involved such things as junkyards and cattle stockyards. This case law
develops a link between a nuisance and a nonconforming use. Although the
Constitution protects property rights, the Constitution does not give property
owners the right to maintain a nuisance. The phase out linked to a nuisance
would be based on old common law. The City Attorney stated a linking of noncon-
forming use action and nuisance action in order to phase out Howe, Inc. would
require additional research and definite policy action on the part of the Council.
The Council by consensus agreed that they wished to pursue the avenues as mentioned
by the City Attorney.
Councilmember Lhotka commented wished the City Manager to attempt to speed up
Howe Inc.
receipt of the review of conditions near particularly if no information P
had been received by midweek.
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Councilmember Kuefler stated the final resolution of this problem may be a lawsuit.
He stated he agreed it was necessary to review the written comments from the Depart -
ment of Agriculture and from the University before any action is taken.
Mr. Hanson commented he would like to see more than one report on the problem in
order to substantiate action that must be taken. It was noted the cost of the soil
sample is approximately $75.
The City Manager stated if the Council so authorized, he could arrange to have inde-
pendent soil samples taken in the area.
There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to
authorize expenditure of up to $500 for independent testing of the soil in the area
of Howe, Inc, and to further authorize the City Manager to seek additional informa-
tion from experts as to what can be done to restore the area. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:
none. The motion passed unanimously.
Mr. Hanson also commented Howe was working night shifts and in Mr. Hanson's recol-
lection, Tom Howe had stated that they didn't work nights. Mayor Nyquist responded
it was his recollection that Tom Howe stated they don't generally work nights but
had not stated that they never work nights.
Mr, Arnold Murto of 3205 49th. Avenue North stated he had called Twin,City Testing
and inquired as to whether or not they would do testing in the area. He stated
Twin City Testing had recommended PACE Laboratories. He stated he had been informed
that a court.order might be necessary in order to prove negligence on the part of
Howe. It would be possible to take tests of samples from stacks at Howe, Inc. in
order to determine if there was negligence.
Mr. Lawrence Butler of 3201 49th Avenue North thanked the Council members for coming
to homes of the residents in the area of Howe, Inc. to observe the problem with
dying lawns and gardens. Mr. Butler briefly reviewed for the Council several
encounters with the Department of Agriculture Representative, Mr. Grotbeck. Mr. Butler
noted he had been home on sick leave when the Department of Agriculture Representative
had come to investigate the problem. In talking with Mr. Grotbeck, Mr. Grotbeck
stated he had not taken samples of the area. Mr. Butler noted after calls had been
made to the Governor, Mr. Grotbeck returned and did take soil samples. Mr. Butler
stated Mr. Grotbeck had appeared to be very uncooperative.
Mayor Nyquist inquired if there was anyone else present who wished to address the
Council as part of the Open Forum; there being none, the Mayor proceeded with the
rest of the meeting.
PERFORMANCE BOND REDUCTION /RELEASES
The City Manager referred the Council to a memorandum which recommended the release
of the performance bond for Arthur Treacher's located at 6100 Brooklyn Boulevard.
He also recommended a reduction of the performance bond for Dr. William Mattison
located at 5827 Brooklyn Boulevard in the amount of $7,000, leaving a balance of
$13,000.
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to
approve a performance bond release for Arthur Treacher's and to approve a performance
bond reduction in the amount of $7,000 for Dr. William Mattison. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:
none. The motion passed unanimously.
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RESOLUTIONS
The City Manager introduced a resolution requesting the Metropolitan Council HRA
to apply for rehabilitation grant funds for the City of Brooklyn Center. Council-
member Kuefler questioned how many dollars were involved. Administrative Assistant
Brad Hoffman responded it was anticipated $19,000 would be received, based on what
had been received in the past.
RESOLUTION NO. 79 -122
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION REQUESTING THE METROPOLITAN COUNCIL HRA TO APPLY FOR REHABILITATION
'GRANT FUNDS FOR THE CITY OF BROOKLYN CENTER
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.approving specifications and setting a
bid date for the purchase of cash registers for the liquor store. The City Manager
explained the liquor stores had experimented with several different registers.
The Director of Finance explained staff does not generally ask for approval of
specifications for a County bid but he explained in this case, the purchase will
be made with funds from the liquor store fund not through the general fund.
The Director of Finance explained most of the registers in the liquor stores had
been purchased in the late 1950's or early 1960's and were very dilapidated. He
stated the City had looked carefully because the City did not want to choose just
any register but the City was concerned with getting a cash register which could
interface with the computer. The Director of Finance explained the City had tested
Data Systems and this register included price and inventory capabilities. The
Director of Finance stated the cost will be approximately $5,000 per register for
six registers or approximately $30,000.
Councilmember Kuefler questioned what the life of the proposed registers would be
and whether the units were stand alone units. The Director of Finance commented
the life of the register was almost indefinite because memories can be added to
the units. He explained the units were stand alone units but can be hooked up
to the computer. Councilmember Kuefler commented this type of register would
appear to aid in expediting the receiving process and also have the capability
to tie into inventory. The Director of Finance agreed with Councilmember Kuefler's
comments but noted it probably would be a year and a half to two years before
all of this was implemented. Initially, he stated the cash registers will
give the liquor store a price hook up and will print out purchased items.
Councilmember Lhotka questioned whether the purchase of the registers would have
any effect on the other parts of the Budget. The Director of Finance explained
some of the money q from the liquor fund had not been transferred to the general
fund in anticipation of this purchase, and there would be no effect on other parts
P
of the Budget.
The City Manager explained the City of Coon Rapids was also going in with the
City of Brooklyn Center on this bid. He explained specifications are being drawn
up by LOGIS.
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RESOLUTION NO. 79-123
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SPECIFICATIONS FOR ELECTRONIC CASH REGISTERS FOR LIQUOR STORES
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
Scout; 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 150 gallons
of Visko -RHAP A3D. He referred the Council to a listing within their agenda packet
of the chemical companies which bid on this bid letting. He explained only the
Van Waters Rogers Company had bid on the Visko -RHAP AD product recommended by
Hennepin County Environmentalist, Don Anderson. The City Manager recommended the
bid of Van Waters Rogers in the amount of $1,750 be accepted.
RESOLUTION NO. 79 -124
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF 150 GALLONS VISKO -RHAP A31)
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 quotations for the purchase of
750. gallons of traffic marking paint. He recommended the quotation of Vogel Paint
& Wax Company in the amount of $3,223 be accepted. He noted two quotations had
been received and the quotation of Vogel Paint & Wax Company was the low quotation.
RESOLUTION NO. 79 -125
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF 750 GALLONS TRAFFIC MARKING PAINT
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 expressing the City of Brooklyn Center's
concern over the gambling and bingo licensing regulations. The City Manager
explained the resolution was brief and asked legislators to seek input about the
legislation and then to attempt to revise the legislation to make it more effective
and fair. He stated the resolution was general because to list the various problems
in a resolution would not be appropriate.
Councilmember Lhotka questioned how this resolution might affect our present
ordinance on gambling and bingo licensing, The City Manager explained the City
Ordinance implements State Law. If State Law were changed, it might necessitate
certain changes in our ordinance but those changes could definitely be advantageous
in making the law more effective and fair.
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-5-
s
i
RESOLUTION NO. 79 -126
Member Tony Kuef ler introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING CONCERN OVER GAMBLING AND BINGO LICENSING LEGISLATION
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 followin g voted against the same: none; whereupon said resolution
was declared duly passed and adopted.
DISCUSSION ITEM
The City Manager introduced a discussion of industrial revenue bonds. He explained
draft policies for the issuance of industrial revenue bonds or mortgages were considered
at the May 14, 1979 meeting. He noted at that time, the City Council asked that policy
#2 be published in the official newspaper in order to encourage citizen input on the
policy. The City Manager noted policy X12 concerning the issuance of industrial
revenue bonds was presented for Council consideration. He asked that the Council
consider the policy with a deletion of any reference to tax increment financing.
The City Manager explained at an earlier Council meeting, the City Council had
passed a policy by motion but had decided to investigate the policy further and
pass a policy by resolution.
Councilmember Fignar questioned the $6,000,000 limit on industrial revenue bonds
outstanding. In clarification, the City Manager explained the $6,000,000 reflected
5% of the assessed valuation of the City of Brooklyn Center. He stated it is
likely the assessed valuation will increase.
The City Manager commented he had met with the Chamber of Commerce Board concerning
industrial revenue bonds. In explaining the proposed policy to the Chamber Board,
the City Manager explained to them at that time the Council had expressed concern
over a need to judge one project against the other. The proposed policy is an
attempt to control the number of projects by a dollar control. The 5% of assessed
valuation represents 2/3 of the City's general obligation bond amount.
Councilmember Fignar questioned whether the City could change the amount allowed for
outstanding industrial revenue bonds if the Council saw fit to do so in the future.
The City Manager responded the City Council would have the option of changing the
amount in the future if they so desired. In response to other questions, he
stated the City has received inquiries from approximately six different people who
have expressed an interest in industrial revenue bond financing.
Councilmember Lhotka asked the Council to consider including an additional require-
ment whereby existing businesses in Brooklyn Center might have priority over new
businesses in receiving industrial revenue bond financing. He questioned the
City Attorney as to whether or not this was legally permissible. The City Attorney
responded cities generally cannot discriminate in favor of City residents but the
City Attorney indicated he would have to check with bond counsel further on this
question.
Mayor Nyquist recognized Mr. Dave Asplund, President of Citizens for Better Governme
Mr. Asplund stated the City's proposed policy for industrial revenue bond financing
had been discussed by Citizens for Better Government at a June 2 dinner meeting. A
that time the Citizens for Better Government had passed a motion urging the Brookly
Center City Council to establish a policy for the issuance of industrial revenue
bonds. He noted 75% had voted in favor of the motion. He explained some of the
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membership had reservations about issuance of industrial revenue bonds but were
satisfied that the $6,000,000 limit would prevent abuse. The motion included
a recommendation by Citizens for Better Government that industrial revenue bonds
be issued on a fair and equitable basis with all applicants treated equally and
proposals being judged on their own merits to include both existing businesses
and new businesses.
Paul DesVernine of the Chamber of Commerce stated the Chamber was concerned with
the $6,000,000 limit. He stated his concern was that the $6,000,000 could be used
up in a matter of weeks or months and it may take years before it is possible for
anyone else to get financing through industrial revenue bonds. He suggested it
would be defeating to put a $6,000,000 limit as a hard and fast rule rather, he
suggested the Council should leave some avenue to raise the dollar amount. Council-
member Kuefler responded since the policy was being passed by resolution, the
resolution was subject to review and a change by any Council at any time. Council-
member Kuefler stated he was in favor of starting with a limited dollar amount of
$6,000,000.
The City Manager stated industrial revenue bond financing for a governmental or
governmentally sponsored organization would not be counted as part of the $6,000,000.
Councilmember Fignar stated he was satisfied with the resolution as written.
Councilmember Scott stated she felt the policy should be passed and the new
policy could then go through a test period. Councilmember Scott commented the
City needs some experience in the area and if experience indicates changes should
be made, they can be made at that time. The Council concurred that they wished
to amend the resolution. The amended resolution would delete all reference to tax
increment financing and would add the words "at any time during the previous
twelve months" to point #1 of the policy thereby causing point #1 of the policy to
read "Neither the property owner nor the applicants shall have any outstanding
taxes or assessment delinquencies within the City of Brooklyn Center at any time
during the previous twelve months ".
In clarification of the amended point #1, Councilmember Fignar stated it was his
understanding if land purchased was tax delinquent and the taxes were paid by the
purchaser, the new buyer would not be considered to have been tax delinquent.
Councilmember Kuefler stated that was his intent in suggesting the amendment.
RESOLUTION NO. 79 -127
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING POLICY FOR THE ISSUANCE OF INDUSTRIAL REVENUE BONDS OR
MORTGAGES
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.
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to
repeal former action of the Council which established a policy by motion. Voting
in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none. The motion passed unanimously.
Councilmember Lhotka left the Council table at 8:15 p.m.
PUBLIC HEARING ON IMPROVEMENT PROJECTS
The City Manager explained a public hearing had been scheduled for 8 :00 p.m. on
6 -11 -79 -7-
resolutions ordering construction for Improvement Project Nos. 19.78 -6, 1978 -45,
1978 -46, 1979 -5 and 1979 -6.
,Councilmember Lhotka returned at 8:17 p.m.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Improve-
ment Project No. 1978 -6 for construction of bridges on Shingle Creek Parkway over
Shingle Creek. There was no one to speak at the public hearing. There was a
motion by Councilmember Fignar and seconded by Councilmember Scott to close the
public hearing on Improvement Project No. 1978 -6. Voting in favor: Mayor Nyquist,
Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The
motion passed unanimously.
In response to questions raised by the Council, the Acting Director of Public
Works explained the information on the data sheets was correct concerning improve-
ment projects and the resolutions would be changed to reflect the information on
the data sheets.
Councilmember Fignar commented people who live north of the freeway have complained
that they do not have access to the north part of the City and those people may
still want a separate walkway. The City Manager responded the pathway as envisioned
would accommodate those people and provide access to the north part of the City.
In response to questions concerning snowplowing, the City Manager stated the
pathways could be plowed if demand necessitates plowing.
In response to other questions from the Council, the City Manager explained assess-
ments would be made to B.C.I.P., Prudential, MTC and partly to the City on Improve-
ment Project No. 1.978 -6.
RESOLUTION NO. 79 -128
Member Gene Lhotka introduced the following resolution and moved its adoption:
�~ RESOLUTION ORDERING CONSTRUCTION OF BRIDGE IMPROVEMENT PROJECT NO. 1978 -6
(MSAP 109- 109 -15)
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 Mayor opened the meeting for the purpose of a public hearing on Improvement
Project No. 1978 -45 for street, grading, base and surfacing of Shingle Creek
Parkway from 65th to 69th Avenues North. There was no one to speak at the
public hearing. There was a motion by Councilmember Kuefler and seconded by
Councilmember Fignar to close the public hearing on Improvement Project No. 1978 -45.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.
Voting against: none. The motion passed unanimously.
RESOLUTION NO. 79 - 129
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT
PROJECT NO. 1978 -45 (MSAP 109 -109- 16,17)
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
6 -11 -79 -8-
Scott; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The Mayor opened the meeting for the purpose of a public hearing on Improvement
Project No. 1978 -46 for installation of curb and gutter and sidewalks along
Shingle Creek Parkway from 65th to 69th Avenues North. There was no one to
speak at the public hearing. There was a motion by Councilmember Fignar and
seconded by Councilmember Scott to close the public hearing on Improvement
Project No. 1978 -46. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously.
RESOLUTION NO. 79 -130
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER & SIDEWALK IMPROVEMENT
PROJECT NO. 1978 -46 (MSAP 109 -109- 16,17)
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, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The Mayor opened the meeting for the purpose of a public hearing on Improvement
Project No. 1979 -5 for storm sewer construction associated with Project No.
1978 -45. There was no one to speak at the public hearing. There was a motion
by Councilmember Lhotka and seconded by Councilmember Kuefler to close the public
hearing on Improvement Project No. 1979 -5. Voting in favor: Mayor Nyquist,
Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The
motion passed unanimously.
RESOLUTION NO. 79 -131
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT PROJECT NO. 1979 -5
(MSAP 109 - 109 -16)
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
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia e
Scott; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The Mayor opened the meeting for the purpose of a public hearing on Improvement
Project No. 1979 -6 for construction of approaches to the bridge over FI 94 and
Shingle Creek Parkway. There was no one to speak at the public hearing. There
was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to
close the public hearing on Improvement Project No. 1979 -6. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:
none. The motion passed unanimously.
RESOLUTION NO. 79 -132
Member Tony Kuefler introduced the following resolution and moved its adoption: ,
RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT PROJECT NO. 1979 -6
(MSAP 109- 109 -18)
6 -11 -79 -9-
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.
RESOLUTION NO. 79 -133
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR BRIDGE IMPROVEMENT PROJECT NO.
1978 -6; STREET GRADING IMPROVEMENT PROJECT NO. 1978 -45A; AND STORM SEWER IMPROVE -
MENT PROJECT NO. 1979 -5; AND DIRECTING ADVERTISEMENT FOR BIDS (BRIDGE AND ROADWAY
CONTRACT 1979 -D)
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 seven resolutions accepting work for Landscape Contract
No. 1978 -Q stating Noble Nursery had satisfactorily completed the landscaping work
associated with the seven resolutions.
RESOLUTION NO. 79 -134
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY)
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.
RESOLUTION NO. 79 -135
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY)
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.
RESOLUTION NO. 79 -136
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY)
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.
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RESOLUTION NO. 79 -137
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY)
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.
RESOLUTION NO. 79 -138
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY)
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.
RESOLUTION NO. 79 -139
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY)
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.
RESOLUTION NO. 79 -140
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY)
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 four resolutions accepting work for Utility Contract
No 1978 -S stating 0 & P Contracting, Inc. had satisfactorily completed the
utility work along Unity Avenue in the areas.of Phases III through VIII at the
Ponds Development and Central Park.
RESOLUTION NO. 79 -141
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION.ACCEPTING WORK UNDER CONTRACT NO. 1978 -S (CONTRACTED BY CITY)
6 -I1 -79 -11-
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.
RESOLUTION NO. 79 -142
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -S (CONTRACTED BY CITY)
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.
RESOLUTION NO. 79 -143
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -S (CONTRACTED BY CITY)
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.
RESOLUTION NO. 79 -144
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -S (CONTRACTED BY CITY)
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 designating certain tax forfeited land
in the City of Brooklyn Center to be used for public purposes. He stated it is
proposed that certain tax forfeited lands must be acquired by the City. The
Acting Director of Public Works showed the tax forfeited land proposed for
acquisition by the City on a transparency.
RESOLUTON NO. 79 -145
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING CERTAIN'TAX FORFEITED LAND IN THE CITY OF BROOKLYN CENTER
TO BE USED FOR PUBLIC PURPOSES
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.
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The City Manager introduced a resolution approving the sale of certain tax forfeited
properties. He stated it is proposed that certain tax forfeited properties be
released for sale to private owners by the State. In response to questions from
the Council, the City Manager explained the properties proposed to be released
for sale to private owners by the State were generally small slivers of land which
could not be used for City purposes. Residents who live on property abutting the
tax forfeited property will be sent notices of the sale of the tax forfeited property.
RESOLUTION NO. 79 -146
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING A PORTION OF CLASSIFICATION LIST 11 656 -NC"
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.
RECESS
The City Council recessed at 8:50 p.m. and reconvened at 9:05 p.m.
ORDINANCES
The City Manager introduced an ordinance amending Chapters 11 and 23 of the City
Ordinances relative to on sale liquor and on sale wine licenses. He explained
the ordinance was first read on May 14, 1979, published on May 24, 1979 and is
presented this evening for a second reading.
ORDINANCE NO. 79 -10
Member Gene Lhotka introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE.CITY ORDINANCES RELATIVE TO
ON SALE LIQUOR AND ON SALE WINE LICENSES
The motion for the adoption of the foregoing ordinance 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
ordinance was declared duly passed and adopted.
f
The City Manager introduced an ordinance amending Chapter 34 -110 relative to
rummage sale signs. He stated the ordinance is presented for a first reading.
g
There was a motion by Councilmember Scott and seconded by Councilmember Fignar to
offer for first reading an ordinance amending Chapter 34 -110 relative to rummage
sale signs. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none. The motion passed unanimously.
CONTINUATION OF DISCUSSION ITEMS
The City Manager introduced.for discussion a proposal for a contract for professional
services for Central Park. He recommended a consultant be hired to draw up land-
scape architectural, planning and engineering services required to complete a
comprehensive master plan and preliminary cost estimates for development of a
"plaza area" and ancillary facilities within Central Park. Brauer and Associates
have proposed to work with the City's landscape architect at a cost of $1,000 to,
complete a comprehensive master plan and preliminary cost estimates as mentioned.
6 -11 -79 -13-
The City Manager recommended a motion approving the contract.
There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar
to approve a contract for professional services for Central Park with Brauer and
Associates at a cost of $1,000. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed
unanimously.
In general discussion of Central Park, Councilmember Lhotka stated he was concerned
with the unstable soil in .Central Park which potentially could make Central Park
unusable.
RESOLUTION'NO. 79 -147
Member Tony Kuefler introduced the following resolution and moved its'adoption
RESOLUTION TO EXPRESS CONCERN OVER THE OVERUSE BY MUNICIPALITIES OF THE AUTHORITY
TO ISSUE NONTRADITIONAL TAX EXEMPT BONDS
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.
AMENDMENT TO 1979 BUDGET
The City Manager requested to reclassify two positions in the Engineering Depart-
ment; an engineering technician I to be upgraded to an engineering technician II
and a special assessment clerk to be changed to a clerk IV position. The City
Manager stated because one position is upgraded and the other is downgraded, there
is no need for additional appropriations.
RESOLUTION NO. 79 -148
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION TO AMEND RESOLUTION NO. 78- 296 SETTING WAGES AND SALARIES FOR THE
CALENDAR YEAR 1979
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.
LICENSES
There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler
to approve the following list of licenses:
HOUSEMOVER'S LICENSE
Ernst Machinery & Housemovers Corp. 9400 85th Ave. No.
NONPERISHABLE VENDING MACHINE LICENSE
Cass Screw Company 4748 France Ave. No.
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RENTAL DWELLING LICENSE
Renewal:
Norman Chazin Brookdale Manor
Norman Chazin Four Court Apts.
Norman Chazin Northbrook Terrace
Norman Chazin Northlyn Apts.
Virgil L. Hillstrom 5907,09 June Ave. No.
Fred Beier 5330,04 Vincent Ave. No.
Emilia Krzesowiak 3001,07 51st Ave. No.
Transfer:
R.J.S. Properties 5240 Drew Ave. No.
Stephen & Debra Ziehl 4216 Lakebreeze Ave. No.
Dave Bradley 6725 West River Road
Milton R. Carlson 610 53rd Ave. No.
SIGN HANGER'S LICENSE
Cragg, Inc. 9636 85th Ave. No.
Midway Sign Co., Inc. 444 N. Prior Ave.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none. The motion passed unanimously.
CONSIDERATION OF SPECIFIED RENTAL DWELLING LICENSE
The City Manager explained revocation of the rental dwelling license for Brookdale
Ten Apartments had been discussed at the May 21, 1979 City Council meeting. The
City Council had requested additional information.
The City Manager referred the Council to a memorandum which had.been provided for
the Council which detailed background information relating to the staff attempt
to gain compliance with the City's Housing Maintenance and Occupancy Ordinance.
The City Manager stated there was one correction to be made in that memorandum.
He stated the correction was a correction in a Minnesota Statute number concerning
refrigerators stored in an unsafe manner in laundry rooms at Brookdale Ten. The
memorandum currently stated the Statute number as 709.75 and should be corrected
to read 609.675.
The City Manager noted the Council had received a copy of the proposed resolution
to revoke the rental dwelling license for the Brookdale Ten Apartment Complex.
RESOLUTION NO. 79 -149.
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION REVOKING THE RENTAL DWELLING LICENSE FOR THE BROOKDALE TEN APARTMENT
COMPLEX
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.
In discussion of the resolution, Councilmember Scott asked the Building Inspector
for a clarification of when the last inspection was made. The Building Inspector
responded the last inspection was made May 21, 1979 and a final inspection was
6 -11 -79 -15-
made June 11, 1979. He noted limited corrections had been made from the list of
violations from May 21 but there were also several new violations as of June 11,
1979 and these violations were fire and safety related. The Building Inspector
also stated fencing on the west side of the Brookdale Ten Complex had been torn
down. The Building Inspector commented he did not know the owner's intention
concerning the torn down fence.
Councilmember Kuefler questioned whether the fencing was part of the site and
building plan approval. The Director of Planning and Inspection responded the
fencing was part of the site and building plan approval and, therefore, the
requirements for fencing is still in effect. He explained if the owner proposes -,
to change the site and building plan by removal of the fence, that would necessitate
presenting a revised proposal to the Planning Commission. The Director of Planning
and Inspection stated the owner has not made contact with the City relative to
the change.
The City Attorney stated the grounds for revocation of the license had been
detailed in documents provided to the Council and to Mr. Rozman at the May 21,
1979 City Council meeting. Additionally, Mr. Rozman had been the subject of
numerous previous compliance orders concerning fire and safety related violations.
The City Attorney asked that a copy of the resolution to revoke Mr. Rozman's
license which included a summary of the reasons for revocation from the original
documents provided to Mr. Rozman at the May 21, 1979 City Council meeting, be
provided to Mr. Rozman for his review. Mr. Rozman was provided with a copy of
the resolution. -
Mr. Rozman asked for a clairification of the meaning of the resolution. The Mayor
stated the purpose of the resolution was to revoke the license for Brookdale Ten.
Mr. Rozman stated the facts were falsely stated.
Mr. Rozman asked that the Council go through the complex. Mayor Nyquist stated he
had been through there a number of times.
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, Lhotka, and Scott. Voting against: none. The motion passed unanimously.
The Brooklyn Center City Council adjourned at 9:30 p.m.
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