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HomeMy WebLinkAbout1979 08-13 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 AUGUST 13, 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 7:00 P.M. ROLL 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, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, and Administrative Assistants Mary Harty and Brad Hoffman. INVOCATION The invocation was offered by Councilmember Fignar. APPROVAL OF MINUTES - JULY 23, 1979 There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of July 23, 1979 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuef ler, 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 Claire Colberg, 7340 Douglas.Drive, who wished to speak concerning the European Health Spa. Mrs. Colberg stated she had been in contact with Joan Gilchrist of the Health Department and was aware of the City's action concerning licensing of the swimming pools. She explained she was suing the European Health Spa because the Spa had claimed certain things and had not followed through on them for her. She stated she had received a $25 credit on her bill for bringing in one new member to the Spa but she had not received a $50 credit when she brought in an additional two members. She further stated she believed there were many things wrong with the European Health Spa. She explained the pool water was actually black and in order to keep the pool at a warm temperature, hot water was being brought in through a hose. She stated the entire Spa facility was poorly maintained. She stated once a person becomes a member they are forgotten by the Spa. She stated she would like to see the Spa's license revoked. Mayor Nyquist explained the City had closed down the pools due to noncompliance with health regulations. Mayor Nyquist explained the City Manager has received a letter from the Vice President of the European Health Spa who states that the Spa will be in compliance and will be taking care of the maintenance problems at the Spa. Mrs. Colberg stated she was also sending a letter to the Better Business Bureau and to the Attorney General's Office concerning the European Health Spa. As a point of clarification, the City Manager explained the City only licenses the pools so that is the only area the City regulates. Mrs. Colberg stated her main concern with the pools was the filtering system and the hose and she hoped those would be taken care of. The City Manager stated those items would be taken care of. 8 -13 -79 -1- Mayor Nyquist recognized Mr. Roy Lapham, 6719 Grimes Avenue North, who stated he wished to speak concerning the housing project at 69th and France Avenue in Brooklyn Center. Mr. Lapham questioned whether that area had been rezoned. The Director of Planning and Inspection explained the area had been zoned R -3 since 1968. Prior to that there was a comparable zoning for mid density residential. The comparable zoning was confirmed in the 1966 Comprehensive Plan which was then reflected in the 1968 resolution which zoned the property R -3. Councilmember Lhotka stated residents in the area had contacted him and brought to his attention that the Council had taken some action which stated R -3 dwellings should be owner occupied and not rental dwellings in that area. The City Manager explained zoning does not treat ownership. It is neutral on the point of ownership. Zoning regulations regulate density P P g g g Y and type of development. The City Manager stated Councilmember Lhotka had contacted him and asked him to research approximately the years 1966 to 1971 to find out what sort of statement the Council made concerning ownership versus rental. Several residents in the audience suggested the time span would be approximately 1965 to 1968. The City Manager stated he would further research this question. Mr. Lapham stated he was aware the project was subsidized and asked how the subsidy operated. The City Manager responded there were minimum income requirements in order to obtain the subsidy. Mr. Lapham questioned whether the City could require a different sort of fence on the south end of the building. Mr. Lapham stated he desired to have a taller fence. The Director of Planning and Inspection explained the Zoning Ordinance requires a four foot fence where R -3 abuts R -1, thus the fence in place was adequate according to the zoning regulations. Installation of a different fence would be at the dis- cretion of the developer. The Director of Planning and Inspection stated the developer was with the company of P. J. Gaughan. A citizen who resides in the area of 69th and France stated he believed the area was too densely populated already and to bring in more people with this type of project would make the area much too dense particularly with traffic. He stated it was impossible to make a left hand turn from Ewing to 69th presently and if more people were added to the area it would be totally impossible. Councilmember Fignar questioned whether a stoplight at 69th and France would ease the situation. Many citizens responded they did not think that was a feasible solution. A citizen uestioned whether the City had anticipated the number of additional q Y P school kids. The Director of Planning and Inspection explained that the units are proposed as three bedroom units so it is likely there will , be additional school age children. The City Manager stated studies have shown that townhouses are slightly below a single family residential home in terms of school age children: Another question from the neighbors present was whether or not this development , would raise or lower the property value of their homes. The City Manager responded studies find little variation in property value near apartments or townhouses. He explained there appears to be a slight depression in property values of homes directly adjacent to freeways. The neighbors present in the audience also complained about the noise from Ryan Oldsmobile. The Director of Planning and Inspection responded Ryan Oldsmobile is under a special use permit and can be controlled by conditions of that permit. Mayor Nyquist stated the neighbors had not come forth when the special use permit was before the Council. He stated the Council was unaware of these problems at 8 -13 -79 -2 -, that time. Mr. Lapham questioned whether the fence behind Ryan Oldsmobile could be fixed because debris blows underneath the fence. The City Manager responded the City would investigate that problem. Mayor Nyquist recognized Mr. Larry Roen, 6700 France Avenue North.. Mr. Roen stated he concurred with the comments made by Mr. Lapham and other neighbors in th'e vicinity. • Mr. Roen raised additional questions about the subsidization of the project. The Director of Planning and Inspection explained the developer sought funding through the federal government. The Director of Planning and Inspection clarified that the City does not subsidize that project; rather, the project has been subsidized through the federal government. The City only becomes involved because of a require- ment for site and building plan approval. The site and building plan approval, whoever, has nothing to do with the financing of the project. The Director of Planning and Inspection explained if the citizens wanted more information about that, the best source would be the developer. Mr. Roen stated he was upset because citizens had not been informed about the project. He stated he would have much preferred double bungalows in the area. Another neighbor stated he can't understand why this development is considered a buffer between commercial and residential. Mayor Nyquist reminded the neighbors that the question is not a rezoning question. Mayor Nyquist recognized Mr. Hotaard Brandt, 6800 France Avenue, who stated he was happy to see the land developed but he was not happy with the proposed development. He stated he believed that the development was coming through the back door. He questioned where the ingress and egress would be for the development. The City Manager responded that plans were available and by making an appointment with the Director of Planning and Inspection, Mr. Brandt would be able to review the plans. In response to questions from Mr. Brandt concerning the upgrading of 69th Avenue, the City Manager stated the upgrading of 69th has been discussed extensively but it is not known when the roadway would be upgraded. In response to neighbors' comments concerning not being notified of the development, Mayor Nyquist stated notification is required only when there is a rezoning. He reminded the neighbors that this was not a rezoning question. He stated the Council had been concerned about letting people know and had kept information available through the newspaper. Mayor Nyquist stated the Open Forum session was closed and proceeded with the other agenda items. PERFORMANCE BOND RELEASES /REDUCTIONS The City Manager referred the Council to a memorandum on performance bonds recom- mended for release or reduction from the Office of Planning and Inspection. He stated the following performance guarantees were recommended for reduction: Medtronics, 6700 Shingle Creek Parkway; Earle Brown Bowl, 6440 James Circle; Speculative 8 Industrial Building (Palmer Lake Plaza), 6850 -60 -70 Shingle Creek Parkway. He stated the following performance guarantees were recommended for release: McDonald's, 5525 Xerxes Avenue North; Speculative 7 Industrial Building, 1600 67th Avenue North; Twin Lake North Apartments, 4710 58th Avenue North; Dr. Mattison Dental Clinic, 5827 Brooklyn Boulevard; Acme Typewriter, 1900 57th Avenue North. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the performance bond releases and reductions as recommended in the memo- 8 -13 -79 -3- randum from the Office of Planning and Inspection in the amounts listed. 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 accepting bid and approving contract form (Bridge and Roadway Construction Contract 1979 -D). He stated bids for this project were received on July 25, 1979. He recommended the proposal of C. S. McCrossan, Inc. in the amount of $894,103.96 be accepted for the work. RESOLUTION NO. 79 -169 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (BRIDGE AND ROADWAY CONSTRUC- TION CONTRACT 1979 -D) 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 for consideration of bids for pedestrian bridge over T.H. 100 at Summit Drive North (Brooklyn Center Improvement Project No. 1977 -10 (S.P. No. 109 - 115 -01, M.5402(10)). He recommended that the City Council concur in the award of this contract to the low bidder (Progressive Contractors, Inc.). In accordance with Resolution No. 79 -153 adopted June 25, 1979, the Commissioner of Transportation has been authorized as the City's agent to actually award this contract for this F.A.U. project. RESOLUTION NO. 79 -170 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO CONSIDERATION OF BIDS FOR PEDESTRIAN /BICYCLE BRIDGE IMPROVEMENT PROJECT NO. 1977 -10 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 three resolutions accepting work for Alley Surfacing Contract 1978 -H. He explained United Asphalt Company, Inc. has satisfactorily completed the alley surfacing work associated with the three improvement projects. RESOLUTION NO. 79 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -H ' 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. 8 -13 -79 -4- RESOLUTION NO. 79 -172 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -H 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 -173 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -H 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 two resolutions accepting work for Street Surfacing Contract 1978 -K. He explained United Asphalt Company, Inc. has satisfactorily completed the street surfacing work associated with the improvement projects. RESOLUTION NO. 79 -174 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -K 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 -175 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -K 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 two resolutions accepting work for Water Main and Sanitary Sewer Contract 1978 -0. He explained De -Luxe Construction, Inc. has satisfactorily completed the water main and sanitary sewer work for the improve- ment projects. RESOLUTION NO. 79 -176 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -0 8 -13 -79 -5- I 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 -177 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -0 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 establishing Reforestation Improvement Project 1979 -7 and ordering preparation of specifications. He recommended the project be established in order to replace boulevard trees removed under Diseased. Shade Tree Removal Contract 1979 -8. RESOLUTION NO. 79 -178 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING REFORESTATION IMPROVEMENT PROJECT NO. 1979 -7 AND ORDERING PREPARATION OF SPECIFICATIONS 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 specifications for Reforesta- tion Improvement Project 1979 -7 and directing solicitation of quotations (Reforestation Contract 1979 -F). He explained that since the Council had acted favorably upon the resolution establishing the project, it is proposed the direction for solicitation of quotations be approved. He explained since the cost of this work is projected to be under $10,000 limit established by Statutes, it is possible to simply solicit quotations for the work. In this manner, it is projected that a contract will be executed in a timely manner so that reforesta- tion may proceed during the fall planting season. RESOLUTION NO. 79 -179 Member Gene Lhotka introduced the following resolution and moved its adoption.. RESOLUTION APPROVING SPECIFICATIONS FOR REFORESTATION IMPROVEMENT PROJECT NO. 1979 -7 AND DIRECTING SOLICITATION OF QUOTATIONS (REFORESTATION CONTRACT ° NO. 1979 -F) 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. 8 -13 -79 -6- The City Manager introduced a resolution establishing Street Improvement Project 1979 -8 and ordering preparation of plans and specifications. He stated it is intended that the final segment of Unity Avenue within the Ponds Development (Plat 5) be constructed. RESOLUTION NO. 79 -180 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1979 -8 AND ORDERING PREPARATION r OF PLANS AND SPECIFICATIONS 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 establishing Sidewalk Improvement Project 1979 -9 and ordering preparation of plans and specifications. He stated it is intended to construct sidewalk along 69th Avenue North (County Road 130) in two areas. The project includes 69th Avenue between Dupont Avenue and T.H. 169. RESOLUTION NO. 79 -181 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECT NO. 1979 -9 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 calling for a public hearing pursuant to Minnesota Statutes 474.01, Subd. 7b. He explained the public hearing would be for a proposal from Cass Screw Company. It was decided to hold the public hearing at the Council meeting September 10, 1979. RESOLUTION NO. 79 -182 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 474.01, SUED. 7b 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 -183 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR SIX (6) COMPACT POLICE PATROL SEDANS 8 -13 -79 -7- 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 -184 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR THE PURCHASE OF SIX POLICE SQUAD CARS 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 -185 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A 10,000 GALLON FUEL OIL STORAGE TANK 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 -186 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET "TO PROVIDE FUNDS FOR A 10,000 GALLON FUEL STORAGE TANK 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 -187 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR THE PURCHASE OF MICROFILMING EQUIPMENT 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 f 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. PUBLIC HEARING ON INDUSTRIAL REVENUE BOND PROPOSALS The City Manager stated a public hearing was scheduled for 8:00 p.m. on industrial revenue bond proposals from Medtronics and from Dale Tile. Administrative Assistant Brad Hoffman stated the City had followed the requirements of the Statute and published notice of the hearing in the Brooklyn Center Post and 8 -13 -79 -8 -- the Minneapolis Tribune. The Statute required 15 days notice.-Administrative Assistant Brad Hoffman stated the Post notice was published on August 2 and, therefore, the 15 day notice requirement had not been met in the Post newspaper although it had been met in the publication in the Tribune. Administrative Assistant Brad Hoffman recommended opening the public hearing and taking comment at the present Council meeting and holding the public hearing over until August 27 to complete the hearing. In that way, the City would be in strict compliance with,Statutes. The City Attorney concurred in the recommendation and stated testimony could be taken at the present Council meeting and the hearing held over for completion until August 27, 1979. Administrative Assistant Brad Hoffman stated the Council had received copies of resolutions giving preliminary approval to the proposed industrial development projects submitted by Dale Tile and Medtronics. Those resolutions would authorize the submission of an application to the Commissioner of Securities for approval and authorize the preparation of documents and materials in connection with the project. He stated the Council had also received copies of a memorandum of agree- ment to be signed between the City of Brooklyn Center and Medtronics and between the City,of Brooklyn Center and Dale Tile. In response to questions from the Council, the City Manager explained the industrial revenue bond issue is under a special bond chapter and there would be no change in the City's full faith and credit. The money does not flow through the City's treasury and the sale of the bonds is a private sale although the City is kept informed. In addition, the City Manager stated the resolutions and the memorandums of agreement have been reviewed by Mr. Dave Kennedy, City's bond counsel. He stated the documents are standard documents. In response to further questions, the City Manager responded the City is not involved in the collection of a default on the bonds. Mayor Nyquist opened the meeting for the purpose of a public hearing on the industrial revenue bond proposal from Medtronics. Mayor Nyquist recognized Mr. Steve Jacobs of Dain, Kalman & Quail. He briefly explained the Medtronics proposal stating it comprehends the expansion of the current Medtronics facility and meets'the legal requirements by adding employment and adding to the tax base within Brooklyn Center. He stated Medtronics was requesting $1,000,000 in the proposal. As clarification, he stated the Council would be giving preliminary approval and that Medtronics would have to come back before the Council. The preliminary approval only allows Medtronics to sign documents to begin the process and work for the project. He explained no contracts could be signed until the resolution giving preliminary approval had been passed by the Council. Since the public hearing was to be held over until August 27, no contracts could be signed until after that date, if in fact, the Council passes the resolution on the August 27 date. Mayor Nyquist recognized Mr. Dean Broden of Medtronics. Mr. Broden reviewed for the Council that Medtronics produces heart pacemakers. As part of that, Energy Technology produces two of the three main components for the heart pacemakers and that is the power source for the pacemaker. It is anticipated that all of those operations will be consolidated to one single.facility located in Brooklyn Center, if this proposal is passed upon favorably. That facility would house production, research and development facilities. Councilmember Fignar questioned how many employees would be hired by Medtronics. Mr. Broden responded initially there would be a transfer of 100 to 125 employees to Brooklyn Center. He stated that would be the short range employment picture. In the long range employment picture, Medtronics would add an additional 100 to 125 employees. 8 -13 -79 -9- The City Manager explained to the Council that Medtronics had not submitted site and building plans for approval as per the City policy. He stated the City - had checked with bond counsel concerning this and bond counsel gave the opinion that the Council could proceed with the Medtronics proposal and pass the resolution authorizing preliminary approval contingent upon receipt of the site and building plan approval. In response to questions from the Council, Mr. Broden responded he believes the building would be completed approximately May of 1980. In response to questions from the Council, Administrative Assistant Brad Hoffman responded the proposal was in order and met the requirements of the Statute. He stated the Council could give preliminary approval contingent upon receipt of the site and building plan. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to continue the public hearing on the industrial revenue bond proposal submitted by Medtronics until August 27, 1979. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of the public hearing on the industrial revenue bond proposal from Dale Tile. Mayor Nyquist recognized Mr. Richard Palmiter of Rothschild Financial Institution,. who represented Dale Tile. He stated the proposal was for $1,400,000 for office, showroom and warehouse facilities. Mr. Palmiter stated he was aware that the Council was quite familiar with the project because Mr. Dale had been before the Council with this project previously. Responding to questions raised at other Council meetings, Mr. Palmiter explained the mortgage for this would be placed to an institution. He stated the proposal attempts to meet State Statute and the policy requirements set by the City of Brooklyn Center. Mr. Palmiter stated he believes the proposal meets all of these requirements sufficiently. In response to questions from the Council, Administrative Assistant Brad Hoffman stated the proposal meets the requirements of State Statute and is in order. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to continue the public hearing on the industrial revenue bond proposal from Dale Tile until the August 27, 1979 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 79018 submitted by Arthur Kvamme for a rezoning from R -1 (single family residential) to R -3 (townhouse /garden apart- ment) of an approximate 3 acre site located between 55th and 56th Avenues at Aldrich Avenue North. This item was tabled by the Commission and referred to , the Southeast Neighborhood Advisory Group on April 12, 1979. Application No. a 79018 was recommended for approval at the June 14, 1979 Planning Commission meeting. Application No. 79018 was tabled at the June 25, 1979 City Council meeting and the Council asked the developer to investigate private covenants as a way to insure owner occupied townhouses. Application No. 79018 was again tabled at the July 23, 1979 City Council meeting because the'developer and the neighbors in the area had not reached an agreement. The City Manager explained that he had met with Mr. Kvamme and with Mary Simmons and it was his understanding an agreement had been reached. 8 -13 -79 -10- Mayor Nyquist recognized Mr. Kvamme who stated an agreement had been signed. He stated the Council had a copy of the agreement in their packet although a few changes had been made in the agreement. One of the changes concerned the deadline date which had read September 1, 1981 but had been changed to read until the townhouses have been completed and 75% of the townhouses sold. Mr. Kvamme stated he was happy that the agreement had been reached and was anxious to proceed. R Mayor Nyquist recognized Mary Simmons who stated she was pleased with the agreement. She stated she wished to thank the Council, the City Manager, the City Attorney and the City staff for the work they had done to assist in getting an agreement which was acceptable to the developer and to the neighborhood. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve Application No. 79018 submitted by Arthur Kvamme noting that the proposal is consistent with the rezoning evaluation policy and review guidelines. The approval is subject to the following conditions: 1. The proposed rezoning will benefit and not detract from the neighborhood and the rezoning will provide additional mid density residential property to the southeast area of the City which has relatively little R -3 zoning, thus providing a wider range of housing choice. 2. The proposal will assist in the eventual elimination of a nonconforming use. 3. The subject property can be considered generally unsuited for uses permitted in the present zoning district because a variance would be needed to develop the property as single family residential. 4. The proposal will make better use of extraordinarily deep parcels that could be used for other development. 5. Traffic impact on the area will be minimal. Additionally, the Council directed the City Manager to prepare an ordinance to reflect a rezoning from R -1 to R -3 of an approximate 32 acre site located between 55th and 56th Avenues at Aldrich Avenue North. Voting in favor: Mayor Nyquist; Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Kuefler stated he wished to compliment the people of Madsen Floral and the neighborhood for reaching an agreement. He stated it was a credit to them all that they had worked through a problem and reached a solution which was amenable to all. Mayor Nyquist stated he concurred with the comments made by Councilmember Kuefler., Mr. Kvamme stated he would recommend that the City Council consider reviewing the R -3 zoning for the possibility of making it more restrictive. He stated a more restrictive R -3 zoning might have eliminated some of the problems experienced In this particular rezoning. 8 -13 -79 -11- The City Manager introduced Application No. 79029 submitted by George Shimshock for a resubdivision of two pre- existing parcels combined for tax purposes in 1971. Application No. 79029 was recommended for approval at the July 26, 1979 Planning Commission meeting. The Director of Planning and Inspection explained that the two lots described as Tract Q and Tract R of RLS 1271 were combined for tax purposes around 1971. He stated that the applicant wishes simply to redivide the properties along the same lot line. Tract R will be roughly 79' x 140' and Tract Q will be roughly 80' x 131'. The Director of Planning and Inspection pointed out that while a lot with deficiency exists for both lots (corner lots should be 90' wide in the R -1 zone), a variance is not necessary since lot width is a pre - existing condition, unaffected by this resubdivision. He also stated that Section 35 -500 of the Zoning Ordinance provides that substandard lots of record prior to 1976 in the R -1 and R -2 zones shall be considered buildable as long as all the construction meets current ordi- nance setback requirements. The only zoning criteria in question in this division, are lot depth and lot area. In both these respects, the application complies with ordinance requirements. The Director of Planning and Inspection added that the applicant intends to move a house onto the lot at 5900 Colfax Avenue North to be situated in accordance with ordinance requirements. Mayor Nyquist opened the meeting for purposes of a public hearing on Application No. 79029. There was no one to speak on the application. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Application No. 79029. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion.passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve Application No. 79029 submitted by George Shimshock to resubdivide two pre - existing lots combined for tax purposes subject to the following conditions: 1. The subdivision is subject to the approval of the City Engineer and the City Assessor prior to the filing with the County. 2. The subdivision approval does not comprehend approval of any other action pertaining to the use of the property. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Application No. 79039 submitted by Mr. Ems System, Inc. (Embers) for extension of a special use permit granted in conjunction with the site and building plan approval (Application No. 78045) for an Embers Restaurant located on James Circle, south of Freeway Boulevard. Application No. 79039 was recommended for approval at the July 12, 1979 Planning Commission meeting. ' The Director of Planning and Inspection explained that a special use permit -is required for a C -2 use in the I -1 district by Section 35 -330 (3) (f). Under the Zoning Ordinance, special uses which do not commence within one year of the date of the Council approval must apply for an extension. This application is in response to that requirement. The Director of Planning and Inspection reviewed that the application was approved by the City Council on July 24, 1978. Since that time, Embers Restaurant has undertaken a redesign program to increase energy efficiency in its new and existing 8 -13 -79 -12 =__ ... restaurants. He noted that the alterations will not alter the•basic site plan or structural design of the building; nor will they change the customer seating capacity or the number of employees. The Director of Planning and Inspection pointed out that the plan indicates 93 parking stalls, one more than required by the ordinance. Mayor Nyquist opened the meeting for the purposes of a public hearing on Appli- cation No. 79039. There was no one to speak on the application. The Director of Planning and Inspection noted the applicant was present. Council members ' questioned the applicant as to when the completion date would be. The applicant ` stated he was unable to give a specific date. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Application No. 79039. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 79039 submitted by Embers for the extension of site and building plan approval and special use permit for Embers Restaurant on James Circle subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to current applicable codes prior to the issuance of permits. 2. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 3. All conditions agreed to in the previous application are extended with approval of site and building plans and the special use permit. 4. Any changes in the site and building plan will require review and approval by the Planning Commission and City Council prior to the issuance of permits. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Application No. 79046 submitted by St. Alphonsus Church for a special use permit for an addition to a storage building. (Churches are special uses in the R -1 (single family) district.) Application No. 79046 was recommended for approval at the July 26, 1979 Planning Commission meeting. The Director of Planning and Inspection pointed out that the garage is located on the west portion of the church site at 7025 Halifax Avenue North, just beyond the outer service drive. The Director of Planning and Inspection gave a brief description of the proposed construction. The structure is to be concrete block with a frame roof, consistent with the existing garage. When completed, the garage will be 24' x 60', double its present size. He noted that the enlarged building will be able to house recreational and maintenance equipment presently stored outside. He explained that the proposed structure requires no additional parking and added that parking provisions on the site are more than adequate. He also stated that the Building Official, following a site review, has determined that no additional landscaping is required for the site at this time. 8 -13 -79 -13- Mayor Nyquist opened the meeting for the purposes of a public hearing on Appli- cation No. 79046. The applicant, Father Lowry, was present. In response to questions from Councilmember Lhotka, Father Lowry responded the exterior of the building would be painted to match the already existing garage. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Application No. 79046. 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 Fignar to approve Application No. 79046 submitted by St. Alphonsus Church for a special use permit approval for construction of an addition to the Church service garage at 7025 Halifax Avenue North subject to the following conditions: 1. The permit is granted to the applicant as user of the facility and is nontransferable. 2. All maintenance and recreational equipment shall be stored in the garage for non and seasonal use to minimize outdoor storage. 3. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.. Voting against: none. The motion passed unanimously.. DISCUSSION ITEMS Before proceeding with the discussion items, Mayor Nyquist noted for the record that the Council had received a letter from Lynn Schultz of 4214 Lakeside Avenue North concerning the problem of noise near the Twin Lake swimming beach. Another letter was received from Mr. Roger Machmeier concerning the no parking signs near the public access on the east side of Twin Lake. CONDITION OF BROOK LANE SHELTER BUILDING The City Manager explained it is the recommendation of the City that the building at Brook Lane Park be demolished and removed from the premises to avoid any possible injuries to occupants. He stated the condition of the park shelter building at this time is one of severe deterioration of the structural framing members due to extensive rotting. He explained the building, being a geodesic dome structure, the wall and roof framing are all one and the same and rotting of any framing members affects the entire structure. The City Manager explained the Building Inspector had inspected the building and stated it was unsafe for use and should be locked to secure from public use and demolished as soon as possible. Councilmember Fignar questioned whether there were any plans to replace the building. The City Manager explained there were no specific plans at this time to replace the building. He explained at Budget time, the overall skating rink situation would be reviewed and at that time a replacement building could be discussed. A replacement building is proposed in the park plan. " Councilmember Kuefler stated it was his belief the building would be missed if not there. He stated the park development plan calls for a building at Brook Lane. Mayor Nyquist recognized Barb Jensen who stated the building was used for the football program and also along with the skating rink. She suggested it might be possible to work out an interim solution using the school until another building was built. 8 -13 -79 -14- Councilmember Kuefler suggested that the Park and Recreation Director attempt to work out an arrangement with Garden City School for use of the school. Mayor Nyquist noted staff had received calls from concerned people in the neigh- borhood. Those callers stated they would like another building built in the area. UPDATE ON COMMUNITY DEVELOPMENT BLOCK GRANTS Administrative Assistant Brad Hoffman briefly reviewed a memo which he had prepared concerning Community Development. He explained at length the local HUD office ' concern that certain projects proposed by the City of Brooklyn Center to remove architectural barriers would principally benefit individuals other than handicapped and elderly. They raised the question that the majority of the users will not be handicapped or elderly. The local HUD office stated that rampways, bathroom remodeling and door widening, etc., which are used by the general public do not provide additional benefit to the nonhandicapped. These comments were made in reference to the proposal to install an elevator within the City Hall complex and to proceed with architectural barrier removal within City parks. Administrative Assistant Brad Hoffman suggested that based on the reasoning of the local HUD office, the majority of users of sidewalk curb cuts designed for 'the handicapped are not handicapped individuals but rather bike therefore, the HUD reasoning seems faulty. Administrative Assistant Brad Hoffman stated the local office had indicated that the activities proposed by the City provide considerable benefit to the general public and that they will request the Washington office to make a policy determination on whether such activities must be considered to provide principle benefit to low and moderate income persons merely because they are categorized as architectural barrier removal. . In addition, apart from the position taken by the local HUD office relative to Brooklyn.Center's Community Development Program, the HUD position taken towards the Urban County as a whole also has significant impact for the City of Brooklyn Center. The Department of Housing and Urban Development has indicated to all the urban counties throughout the County that the department will no longer accept the Urban County applications that merely group the individual applications of communities and pass them on to HUD irrespective of any Urban County strategy. Administrative Assistant Brad Hoffman explained a meeting of the Community Develop- ment Citizen Group has been scheduled for August 22 to review the developments in the Community Development Program. He stated he anticipated that the Citizens Group should have some recommendations for the City Council at the August 27 meeting. He explained some action by the Council will be required at that time to determine whether or not the City can continue as a participating community in the Urban County. As a final note, Administrative Assistant Brad Hoffman explained the Citizens Advisory Group has recommended establishing a community newspaper with Community Development Block Grant money. The newspaper would contain legal notices and would be considered the legal newspaper. Councilmember Lhotka stated the City of Minneapolis has pursued this type of thing with great success. Councilmember Scott referring to Administrative Assistant Brad Hoffman's earlier comments, stated the objections made by the local HUD office on the elevators for City Hall has nothing to do with the overall regulations for use of Community Development Block Grant money. She stated the objections were purely local. She further stated she was well acquainted with many people active in handicapped organizations and would be willing to ask assistance of those people if it was needed. 8 -I3 -79 -15- The City Manager stated each year regulations seem to get more and more stringent and allow a community less and less flexibility. He stated at some time the City may have to.make a decision as to whether or not they are willing to continue to go through hoops and loops in order to get the Community Development Block Grant money. Council members questioned Administrative Assistant Brad Hoffman as to whether or not they as elected officials could do anything. Administrative Assistant Brad Hoffman stated that the Community Development Citizens Group would be meeting on the 22nd of August and hopefully would present recommendations to the Council on the 27th of August. At that time the Council could act on those recommendations. EXECUTION OF AGREEMENT CONCERNING BROOKDALE TEN APARTMENTS The City Manager introduced the next discussion item, the execution of an agreement concerning Brookdale Ten Apartments. The City Manager stated he had been in contact with Council members by phone concerning the agreement with Brookdale Ten. He stated the motion approving the extension of the agreement was appropriate. He noted the work is to be completed by October 1, 1979. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the extension of the agreement between the City of Brooklyn Center and Brookdale Ten. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RECOMMENDATION FROM PLANNING CONSULTANT CONCERNING THE CHARLSON PLAT The City Manager referred to a traffic study submitted by BRW. He noted the purpose of this study was to examine the development options for the property owned by Mr. Charlson, north of Brookdale Ford, in terms of accessibility to the site, impact on the area wide traffic pattern, capital costs for street improvements, land requirements for streets and the relationship with any development proposal to the policy for access to Shingle Creek Parkway. Regarding the recommended policy on access to Shingle Creek Parkway, the Director of Planning and Inspection noted that the report offers four guidelines: 1) Access to Shingle Creek Parkway should be from public streets; exceptions can be made to serve a major generator on multiple developments. 2) The minimum distances between median openings should be 400 feet, the average distance should be 600 feet. 3) Curb cuts without a median opening providing for "right turns only" through a major generator should be more than 250 feet from the nearest access point. 4) The number of access points should be minimized as far as feasible within the requirements for land development in an orderly and practical fashion. The Director of Planning and Inspection next briefly reviewed the alternatives for street locations to serve the site and where median cuts would be located under each alternative. Following that review, the Director of Planning and Inspection stated the BRW report recommends alternative four due to the following advantages: 1) Alternative four would provide good accessibility to the area. 2) Traffic ' to and from the site would not unduly interfere with through traffic on Shingle Creek Parkway. 3) Drivers destined to adjacent developments would not be -confused with a cul -de -sac street system. 4) With alternative four, there is more flexi- bility in developing land within the project because the new street would not bisect the available land. The Director of Planning and Inspection pointed out the Planning Commission recom- mended approval of street plan alternative four shown on figure 15 of the BRW study subject to.the execution of property agreements to put the proposed street all the way through from Shingle Creek Parkway to John Martin Drive. 8 -13 -79 -16- Following the comments of the Director of Planning and Inspection, Mayor Nyquist recognized a representative of Charlson Properties. He stated Charlson prefers alternative four because it seems to be the most ideal alternative for the City and for the area. He stated he had spoken with the property owners and only the Cinema properties are opposed. In response to questions from Councilmember Fignar, owners is that the would have f e Cinema property Y he stated the objections o th C p p y less parking under alternative four. The Charlson representative also questioned how long a decision on this matter would take and, therefore, how long would it be before the development could begin. I Mayor Nyquist recognized Michell& Foster who is the government affairs coordinator with Rauenhorst Corporation. She stated the matter is complicated because Rauenhorst leases property to Northwestern Bell. She stated if a BRW alternative which eliminates median cuts to Northwestern Bell was selected it could create a number of access problems. She stated Rauenhorst believes that alternative four is the best solution. In addition, she stated Rauenhorst recommends that the land be acquired by the City and assessed back to Rauenhorst and Northwestern Bell. As an alternative, if the BRW number four alternative is not selected, the recom- mendation of Rauenhorst would be that the median cuts for.Northwestern Bell be retained. Mayor Nyquist recognized Mr. Tom Hall of Northwestern Bell. He stated Northwestern Bell hopes that access and egress for Northwestern Bell is continued. If access and egress is closed, it will cause numerous problems for Northwestern Bell employees and customers. The Director of Planning and Inspection clarified that if option four was selected, the access to Northwestern Bell would be better than what presently exists. Councilmember Kuefler stated the number four alternative seems to be the best approach but also stated he appreciated the concern of the Charlson people as to time. The City Manager stated the City Council might wish to authorize the City to proceed to take a more active role in solving the problem because of the uniqueness of this present situation. The City Manager stated if all things could be worked out, it might be possible to proceed within a month. The City Attorney stated a ninety day notice period was required for condemnation. If Northwestern Bell will be the ones ultimately paying the bill, the City Attorney stated Northwestern Bell might be more interested in having the property condemned because Northwestern Bell could spread out the cost at 7% interest over about fifteen years under condemnation. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to give policy direction to the City Manager to take a more active role in pursuing alternative number four which provides a new street across the north side of the site and extended easterly across the Cinema parking lot to intersect John Martin Drive at Earle Brown Drive, access to be provided from the street to Northwestern Bell. As part of this policy directive, the City can become involved in encouraging negotiations between Northwestern Bell and Rauenhorst in order that they can come back to the City Council with a specific proposal possibly by August 27. In discussion of the motion, the Director of Planning and Inspection noted the Planning Commission had made a recommendation concerning the policy for access onto. Shingle Creek Parkway contained in the BRW study. He suggested the Council might wish to act on that first. Councilmember Kuefler stated he wished to withdraw the motion to be acted on later and the Councilmember Lhotka, 8 -13 -79 -17- agreed to the withdrawl of the'motion. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the policy for access onto Shingle Creek Parkway contained in the BRW study previously listed. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to give policy direction to the City Manager to actively pursue the BRW alter- . native number four which provides a new street across the north side of the site and extended easterly across he Cinema kin area to intersect John Martin s C ar parking Drive at Earle Brown Drive, access provided from the street to Northwestern Bell. In taking an active role, the City can encourage negotiations with Northwestern Bell and Rauenhorst in order that they can come back to the City Council with a specific proposal possibly by August 27. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. In discussion of the delay, the Charlson representative stated he concurred in. delaying any action until August 27, 1979. REPORT ON PEDESTRIAN CROSSING /SPEEDING PROBLEMS ON LYNDALE AT 73rd AVENUE The City Manager called the Council's attention to a memorandum from the Director of Public Works which stated in response to questions raised at the July 23 City Council meeting, the Police Department has conducted speed checks on July 30 and 31 and August 1. These checks revealed that 90 - 95% of all traffic on Lyndale Avenue was traveling within the posted 45 mph speed limit and that less than 2% exceeded 50 mph. The Director of Public Works had also checked with MN /DOT's District 5 Traffic Engineer to review the speed zoning to see if the 45 mph limit is proper and to review the signing to assure that an adequate number of signs are posted. The Director of Public Works had noted that the pedestrian crossing pavement markings are partially worn. Mr. VanHeel, traffic operation supervisor for MN /DOT, District 5, assured the Director of Public Works that the markings will be repainted by MN /DOT. In discussion of the situation, Council members stated it appeared that the only way to get the attention of drivers in that area is by enforcement efforts. The Director of Public Works stated that squad cars in the area may have affected the speed tests. Additionally, utility construction in Brooklyn Park may have had an effect on traffic in slowing it down somewhat. The Director of Public Works stated he would provide the Council with additional information and as it becomes available. RETURN OF PART OF LIQUOR LICENSE FEE FOR CICERO'S The City Manager referred the Council to a memorandum from the City Clerk which stated that according to Section 11 -105, Subdivision 6 of the Ordinances of Brooklyn Center, the holder of a liquor license may request a refund or a portion of that license fee if his request follows the triteria set by the ordinance. The owner of Cicero's has stated in a letter to the City that due to his health,' his Doctor has ordered he dispose of some of his business enterprises. He has disposed of both the Edina and Brooklyn Center restaurants and is requesting a refund of 5/12 of his $10,000 license fee which amounts to $4,166.65. The City Manager recommended that the Council grant the request for return of the money. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to return 5/12 of the $10,000 license fee to Mr. Michael Belknap. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 8 -13 -79 -18- CONS OF SPECIFIED LICENSES The City Manager stated there was an application from Rocky Rococo Pan Style Pizza of 1267 Brookdale Center to operate an on -sale nonintoxicating liquor license at Rocky Rococo Pan Style Pizza. The City Manager stated an investi- gation had been made and all is in order. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve an on -sale nonintoxi- eating liquor license for Rocky Rococo Pan Style Pizza at 1267 Brookdale Center. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager stated there was an application from Denny's Restaurant located at 3901 Lake Breeze Avenue to operate an on -sale nonintoxicating liquor license and an on -sale wine license at Denny's Restaurant. The City Manager stated an investigation had been made and all is in order. There was a motion by Council - member Kuefler and seconded by Councilmember Fignar to approve an on -sale non- intoxicating liquor license and an on -sale wine license for Denny's Restaurant at 3901 Lake Breeze Avenue. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion.passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: CIGARETTE LICENSE Interstate United Corporation 1091 Pierce Butler Route State Farm Insurance 5930 Shingle Creek Pkwy. FOOD ESTABLISHMENT LICENSE Rocky Rococo Corporation 2 E. Gilman St., #330 Rocky Rococo Pan Style Pizza 1267 Brookdale Center HOUSEMOVER'S LICENSE Semple Housemover's, Inc. 1257 Barclay St. Voight Movers R. R. 2, Glencoe, MN MECHANICAL SYSTEM'S LICENSE Atkins Mechanical, Inc. 2531 Marshall N.E. Kleve Heating & Air Conditioning 13075 Pioneer Trail Suburban Heating & Air Conditioning 8419 Center Drive NONPERISHABLE VENDING MACHINE LICENSE Interstate United Corporation 1091 Pierce Butler Route State Farm Insurance 5930 Shingle Creek Pkwy. ON -SALE NONINTOXICATING LIQUOR LICENSE Denny's, Inc. 14256 E. Firestone Blvd. Denny's Restaurant 3901 Lakebreeze Ave. No. Rocky Rococo Corporation 2 E. Gilman St., #330 Rocky Rococo Pan Style Pizza 1267 Brookdale Center 8 -13 -79 -19- ON -SALE WINE LICENSE Denny's, Inc. 14256 E. Firestone Blvd. Denny's Restaurant 3901 Lakebreeze Ave. No. PERISHABLE VENDING MACHINE LICENSE Interstate United Corporation 1091 Pierce Butler Route State Farm Insurance 5930 Shingle Creek Pkwy. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Fignar stated Brooklyn Center Senior Babe Ruth team was going to be competing in the regional tournament and suggested the City Council might wish to send them a congratulatory telegram. The City Manager stated he would take care of tha`. The City Manager stated he wished to inform the Council that due to the new CETA guidelines, the two present detached workers, both CETA employees would be terminating as CETA employees at the end of the contract period, September 30, 1979. The new guidelines state that employees may only be employed as CETA employees for a period of 18 months. Most present CETA employees have been employed over 18 months and, therefore, will be terminated as CETA employees on September 30, 1979. He stated he would be in contact with the YMCA program director, Frankie Francel, on this matter and it was anticipated she would be speaking to the Council on this matter in the near future. Councilmember Scott states she had been in contact through her position with Cooper High School with a New Hope detached worker who has done a terrific job working with students at Cooper High School. ADJOURNMENT There was a motion by Councilmember Scott 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 10:40 p.m. Clerk M 8 -13 -79 -20-