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HomeMy WebLinkAbout1983 11-07 CCP Regular Session CITY COUNCIL AGFTIDA III CITY OF BROOKLYN CENTER NOVN11BFR 7, 1983 7:00 p.m. i 1. Call to Order Roll f� 2. 0 1 Ca11 3. Invocation - - 4.. Approval of Consent Agenda -All items listed with an asterisk are considered to be`routire by the City Council and will be enacted by one motion. There -will be no separate discussion of these items unless a council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 5 • Approval of Minutes - October 3, 1983 - October 17, 1983 6. Presentation of Resolution Recognizing Public Service of Rev. Bob Cilke and Karen Duenow of Petiti n mitted by Melba P. Evanson to Rescind Resolution No. 83 -128, Dated August 22, 1983, "Resolution Adopting Assessment for 69th- 70th Avenue Street, Sanitary Sewer and Water Main Improvement Projects" 8. Resolutions: *a. Accepting Work Performed Under Earle Brown Farm Sidewalk Project No. 1983 - � 13 -This project provided for construction of a public sidewalk through Earle Brown Farm Estates from "old" Xerxes Avenue to Freeway Boulevard /K�r *b. Accepting Work Performed under Pedestrian /Bicycle T.railway Improvement a t Project ect . S- if o J . n -This project provided for construction of trails In Evergreen Park i P J P g , Lions Park, and at the Brookwood Housing project. *c. Approving Agreement with Brooklyn Center Development Company Regarding Special Assessment for Storm Sewer Project No. 1980 -24 An agreement has been negotiated with the owners of the Earle Brown Apartments wherein the owner agrees to withdraw its objection to the special assessment based on the City's agreement to make minor corrections, to the on -site drain age system. stem. *d. Relating to a Project Under the Minnesota Municipal Industrial Development Act; Calling for a Public Hearing Thereon- -This .resolution comprehends the Industrial Development Revenue Bond proposal for Byerly's. *e. Approving Specifications and Authorizing Advertisement for Bid for Sidewalk Plow -This item is authorized in the 1984 Budget. q *f. Approving Specifications and Authorizing Advertisement for Bid for Three Squad Cars -The purchase of the three squad cars is authorized in the 1984 Budget. SOH o f CITY COUTTICTL AGENDA -2- November 7, 1983 g. Amending City Purchasing Policy -This amendment to the City's purchasing policy would reflect changes made in State law which increases the dollar amount of contracts for purchases which are required to be undertaken through a formal bidding procedure from $10,000 to $15,000. — 7� h. Accepting Bid and Authorizing Purchase of Diving Boards for Community Center Pool The purchase of the diving boards is authorized by the 1984 Budget. h6 * i. Amending 1983 Budget and Authorizing Purchase of Exercise Stations for s _ (Q Weight Room -The exercise stations comprehended in this .resolution would replace . existing machines in the Community Center weight roam. r X j tablishing Service Charge for Special Assessment Searches -- S This resolution would increase the service charge for the re ration of a g P Pa special assessment search from $5 to $25 per parcel. h/ *k Adopting Revised IMA Deferred Compensation Plan 1. Authorizing Purchase of Data Processing Equipment for Public Utilities 5 Divon 1�--s 9. Ordinances a. An Ordinance Amending Chapter 13 of the City Code of the City of Brooklyn f� Center by Regulating the Use of City Parks and Open Use -This ordinance was first read on October 3, 1983, published on October 13, 1983, and is offered for a second .reading this evening. A public hearing on the ordinance has been scheduled for`8:00 p.m. b. An Ordinance Amending Chapter 11 of the City Ordinances Regarding liquor -This ordinance was first read on October 17, 1983, published on October 27, 1983, and is .recommended for a second .reading this evening. A public hearing on the ordinance has been scheduled for 8:00 p.m. c. An Ordinance Amending Chapter 23 of the City Ordinances Regarding Liquor License Fees -This ordinance was first read on October 17, 1983, published on October 27, 1983, and is recommended for a second .reading this evening. A public' hearing on the ordinance has been scheduled for 8:00 p.m. 10. Planning Commission Items (7:30 p.m.) a. Planning Commission Application No. 83053 submitted by Bradley Kmetz for a variance from the Subdivision Ordinance to allow subdivision of. property by metes and bounds (not a formal plat) . The Planning Commission .recommended approval of Application No. 83053 at its October 20, 1983 meeting. 11. Request for Authorization to Enter into an Agreement for Collection of Accounts *12. Licenses 13. Adjournment 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 OCTOBER 3, 1983 CITY HALL CALL TO ORDER The�BrooklyFCenter. City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:09 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Assistant City Engineer James Grube, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Gene Ihotka was out of town and was excused from this evening's meeting. OPEN FORUTI Mayor Nyquist noted the Council had not .received any .requests to use the Open Forum session this evening. He inquired if there was anyone present who wished to address the Council. These being none, he proceeded with the regular agenda items. APPROVAL OF FINAL PhAT FOR RAMADA HOTEL There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the Subdivision of Registered Land Survey No. 1564 (site of Ramada Hotel and adjacent property along Shingle Creek Parkway and Freeway Boulevard) Planning Commission Application No. 83046, subject to review and approval of an Abstract of Title or Registered Property Report by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 83 -149A hem er Celi the following .resolution and moved its adoption: RESOLUTION APPROVING AND AUTHORIZING FXECUTION OF SUBDIVISION AGRMUNT FOR SUBDIVISION OF TRACT D, REGISTERED LAND SURVEY NO. 1564 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. PERFORT'IANCE BOND REDUCTI T ier e was a moon b ouncilmember Scott and seconded by Councilmember Hawes to approve the reduction of the performance bond for Show Biz Pizza, 5939 John Martin Drive, from $30, 000 to $5,000• There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the reduction of the letter of credit for Hi Crest Square Estates, Fremont Place, from $75,000 to $45,000• Voting in favor: Mayor Nyquist, Councilmembers 10 -3 -83 -1- Scott, Hawes, and Theis. Voting against: none. The motion passed. APPOINTMENT OF STANDBY ELECTION JUDG There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the appointment of Arlene Kemp and Margaret Stellburg as standby election judges for the 1983 municipal election. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS ESOP ION 19TO. 83 -147 Member Nelia TcoTt introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFOR1 UNDER CONTRACT 1983 -G (BROOKDALF TRAILWAY IMPROVEMENT PROJECT NO 1983 -08) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against the same:. none, whereupon said .resolution was declared duly passed and adopted. RESOLUTION NO. 83 -148 Member Celia Scott introduced the following .resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -K (FUEL DISPENSING CONTROL SYSTEM PROJECT NO. 1 982 -23) The motion for the adoption of the foregoing resolution was duly seconded by member • Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -149 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -L (CENTRAL PARK TENNIS COURT IMPROVEP1ENT PROJECT NO. 1983 -12, PHASE I) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO 83 -150 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -E (BROOKWOOD DEVFLOPMENT PROJECT NOS. 1983 -04 AND 1 983 -05 AND SIDEWALK IMPROVEMENT PROJECT NO. 1983 -06) The motion for the adoption of the foregoing .resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. 10 -3 -83 -2- r RESOLUTION NO. 83 -151 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER 110. 1 TO CONTRACT 1982 -Q (WATER SUPPLY WELL NO. 9 IMPROVE TIT PROJECT NO. 1982 -30) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against the same: none, whereupon said .resolution was declared duly passed and adopted. RESOLUTION NO. 83 -152 Member Celia Scott introduced the following .resolution and moved its adoption: RESOLUTION TO ADOPT THE 1984 BUDGET The motion for the adoption of the foregoing .resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Celia. Scott, Bill. Hawes, and Rich Theis. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -153 Member Bill Hawes introduced the following .resolution and moved its adoption: RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1984 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against the same: none, whereupon said .resolution was declared duly passed and adopted. RESOLUTION NO. 83-154 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711 , OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1984 The motion for the adoption of the foregoing .resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bid and Approving Agreement with Motorola for the Maintenance of the City's Radio Communication System. The City Manager explained that, in addition to the maintenance contract cost in the past, some of the City's older radio equipment was on a time and materials basis with regard to maintenance and repair. He added that the units maintained on a time and materials basis were in addition to the contract cost. He pointed out that Air Comm would not give the City a maintenance contract on the older .radio equipment. After a. brief discussion of the resolution by the Council, Councilmember Theis commented that even though the Motorola bid is more expensive, he believes it is justified since the company does have the experience and equipment to maintain the City's communication system. 10 -3 -83 -3- RESOLUTION NO. 83- 155 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING AGREETOTT WITH MOTOROLA FOR THE MAINTENANCE OF THE CITY'S RADIO COMMUNICATION SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Amending the 1983 General Fund Budget, Accepting Quotations and Authorizing Purchase and Installation of Scoreboards for the Central Park Softball Fields. In response to a question from Councilmember Theis, the City Manager stated that the appearance of the scoreboards is in keeping with the .rest of the equipment in the park. He stated that the scoreboard will be wire controlled and pointed out that the remote control board is more expensive and is also more expensive to maintain and is less reliable. Councilmember Theis inquired whether the field would eventually need a football scoreboard. The City Manager stated that if the football program grows a board could be placed at Evergreen Park. He explained that attempts at combining softball and football fields have generally been unsuccessful. RESOLUTION NO. 83-156 Member Celia Scott introduced the following resolution and moved its adoption. RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET, ACCEPTING QUOTATIONS AND AUTHORIZING PURCHASE AND INSTALLATION OF SCOREBOARDS FOR THE CENTRAL PARK SOFTBALL FIELDS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said .resolution was declared duly passed and adopted. The City Manager introduced a Resolution Transferring Funds from Council Contingency Account to the Fire Department Capital Outlay Account The City Manager explained that the .resolution would provide for the purchase of sonar equipment and additional diving equipment for the City's fire rescue personnel. Councilmember Scott inquired whether the sonar would be mounted on the fire department's rescue boat. The City Manager explained that the equipment can be moved but that it is best to be placed permanently on one boat. He added that it would be possible to purchase a second transducer for another boat. He added the sonar device is a graph type device and not the screen type display. ' ' He pointed out that, according to supp`Liers, the screens have proven not as reliable as the graphs. 10 -3 -83 -4 RESOLUTION NO. 83=157 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION TRANSFERRING FUNDS FROM COUNCIL CONTINGENCY ACCOUNT TO THE FIRE DEPART1 CAPITAL OUTLAY ACCOUNT The motion for the adoption of the foregoing .resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said .resolution was declared duly passed and adopted. RESOLUTION PIO. 83 -158 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING COLLECTIVE BARGAINING AGREIl LENT BETtiff M LAW ENFORCEMENT LABOR SERVICES LOCAL NO. 82 AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing .resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS PROPOSED REVISION TO CITY PARK ORDINANCE The City Manager explained that the proposed revisions to the City's park ordinance would authorize the City Tanager to regulate certain activities in the City parks, and would also prohibit glass beverage containers and the deposit of garbage and litter in the parks. Councilmember Scott inquired whether signs would be erected to .reflect the changes so that visitors to the park could be made aware of the new .regulations. The City Manager .replied that the present signs in the parks would be .revised to .reflect the changes. Councilmember Scott stated that her only concern with the changes was that adequate signing be provided in the parks. Councilmember Scott also noted that she had recently .received calls from residents in the Twin Lake beach area regarding a .request for more trash containers in the park. The City Manager stated that the staff was reviewing the entire Twin Beach area, including the addition of some items to the area, such as additional sodding. He added that he would .review the trash container location and pointed out that past experience has been that trash containers are generally used when they are in a good location. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first .reading An Ordinance Amending Chapter 13 of the City Code of the City of Brooklyn Center by Regulating the Use of City Parks and Open Space and to set a public hearing for the ordinance for 8:00 p.m. on November 7, 1983. Voting in favor: Mayor Nyquist, Council-members Scott, Hawes, and Theis. Voting against: none. The motion passed. PUBLIC FEARING - CONTINUA OF HEARING ON ASSESSMENT FOR STORM SFWER IMPROVEMENT PROMT N0. 1980 -24 7TH AVENUE S T RM SBt U EXTENSIOI`1 ' he Ci yVaanager exp acne ikon e15 cember7T, 1 T,1 the amity Council continued the 10 -3 -83 _5_ hearing for Brooklyn Center Development `Company, owner of Farle Brown Farm Apartments, upon receipt of a letter protesting the proposed assessment in the amount of $23 relating to the installation of storm sewer along the westerly extension of 67th Avenue from Shingle Creek to Shingle Creek Parkway. He added that i the hearing was continued on September 26, 1983 then continued again to'this evening. The Director of Public Works explained that the City Attorney has negotiated a settlement with the property owner, and the owner has agreed to withdraw the objection to the assessment. He also pointed out that in the .resolution certifying the assessment the figure of $23,833.42 stated in the first paragraph should be corrected to read $23,933.42: Mayor Nyquist inquired if there was anyone present who wished to speak at the continuation of the public hearing. No one appeared to speak and he entertained a motion to.close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on Assessment for Storm Sewer Improvement Project No . 1980- 24 (67th Avenue Storm Sewer Extension). Voting in favor: Mayor Nyquist, Council-members Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 83 -159 Member Rich Theis introduced the following .resolution and moved its adoptions RESOLUTION CERTIFYING ASSESSMENT OF STORM SBITR IMPROVEP•MT PROJECT NO. 1980-24 AGAINST TRACT A, REGISTERED LAND SURVEY NO. 1382 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing .resolution was duly seconded by member Bill Hawes and upon vote being taken thereon the following voted in favor thereof: p g � g Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. - Councilmember Theis inquired as to the status of the Open Forum item at the last Council meeting regarding the sidewalk through the Earle Brown Estates Townhouses. The City Manager explained that the Townhouse Association met and voted to leave the sidewalk in its original location. ADJOURN There wwas a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting." Voting in favor: Mayor 'Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 7:45 p.m. Cle Mayor 10 -3 -83 'i . w 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 OCTOBER 17, 1983 CITY HALL I� CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:07 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, Chief of Police James Lindsay, Administrative Aide Barbara Pietrzak, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Councilmember Lhotka. OPEN FORUM Mayor Nyquist noted the Council had not received any .requests to use the Open Forum session this evening. He inquired if there was anyone present who wished to address the Council There being none, he proceeded with the regular agenda items. APPROVAL OF MINUTES - SEPTEMBER 26, 1983 There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the minutes of the City Council meeting of September 26, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:. none. The motion passed unanimously. FINAL PLAT - SANDER- ERICKSON ADDITION ( SUBDI OF A RESIDENTIAL LOT ALONG TEE 400 BLOCK OF BRYANT AVENUE NORTH ) PING CU1 IS -ION APPLICATION N0. 83032 There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve ve the final a pp plat of the Sander - Erickson Addition contingent upon receipt and approval of the Abstract of Title by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPOINM1ENT OF STANDBY ELECTION JUDGE ere was a motion y Councilmember and seconded by Councilmember Scott to approve the appointment of Marion Alford as a standby election judge for the 1983 municipal election. Voting in favor: Mayor Nyquist, Councilmembers hhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS S LUTIU 0. 83 - 160 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF THE CITY OF BROOKLYN CENTER, MINNESOTA, COLLATERALIZED MULTIFAMILY HOUSING REVENUE BONDS (BROOKWOOD MANOR PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,225,000, WHICH BONDS AND THE INTEREST AND PM1IUM { N SH BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE 10 -17 -83 -1- LENDER LOAN AGREEMENT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE. OF TRUST, A IMER LOAN AGRM1ENT, A COLLATERAL AGREEMENT, AND A` REGULATORY AGRE=T; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE CONTRACT OF PURCHASE IN C01'NECTI0N WITH THE BONDS; CONSENTING TO THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATE19NT AND A FORM OF FINAL OFFICIAL STATEMFNT AND PROVIDING FOR THE SECURITIES, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO 83 -161 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 30- NOVHIBFR 4 AS "CHEMICAL" PEOPLE WEEK 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said .resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Bridgeman's Brookdale Center Bridgeman's 6201 Brooklyn Blvd. Korean Presbryterian Church 6830 wail Ave. N. Pizza Palace 5001 Drew Ave. N. Wes' Standard 6044 Brooklyn Blvd. MECHANICAL SYSTEM'S LICENSE Northland Mechanical Contractors 7150 Madison Ave. W. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind Rd Green Mill 5540 Brooklyn Blvd. PRIVATE KENNEL LICENSE Jesse Sandoval 5548 Logan Ave. N. RENTAL DWELLINCG LICENSE Initial: Willow Lane Realty 7015 -7021 Brooklyn Blvd. Roger B. Reger 5001 Ewing Ave. N. 10 -17 -83 -2- Gerald L. Ratliff 5525 James Ave. N. Gary & Vikki Linder 5715 Knox Ave. N. Terry & Jeanne Carlson 4201 Lakeside Ave. N. #109 Jerome & Katherine Fisher 4700 -4704 Lakeview Ave. N. Robert C. Slind 5312 Morgan Ave.. PT. Jacques R. Loth 3000 Thurber Road Michael 11. Schmidt 6813 Toldeo Ave. N. Julie & Sharon Haugen 4806 Twin Lake Ave. Larry Garman 7027 West River Rd. L. A. & Jean Beisner 2816 67th In. J. J. Barnett 2926 68th In. J. J. Barnett 2930 68th Ln. J. J. Barnett 2934 68th In. J. J. Barnett 2938 68th In. Renewal: Donald P. Foster 5100 Brooklyn Blvd. Real Five Investments 6501 Brooklyn Blvd. Wilfird & Lillian Hollenbeck 5406 Bryant Ave. N. Ralph C. Johnson 5440, 44 Bryant Ave. N. George Shimshock 5900 Colfax Ave. N. Paul Wilson & Brian Anderson 5100 Drew Ave. N. Dale C. Wegner 5935 Dupont Ave. N. Rafael Rocha 5324, 26 James Ave. N. Michael R. Eberle 4207 Lakeside Ave. N. #226 " Harry & Sally Petersen 7120 Logan Ave N. Jeff & Patti Stewart 5547 Lyndale Ave. N. Roger N. Eye 5332 Morgan Ave. N. Marilyn Dietrich & T. Schultz 6831 Toledo Ave. N. Joon K. Kim 3616 Violet Ave. N. Voting in favors Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City T 1 1anager introduced a Resolution Awarding the Sale of $930, 000 Tax Increment Bonds of 1983 Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. The City Manager explained this resolution was not available to send out with the agenda packet and was a handout this evening. He explained the bonds were the tax increment bonds for the senior housing project. He then introduced Mr. Bob Pulscher of Springsted, Incorporated who proceeded to review the bids received on the tax increment financing bonds. He explained that the low bidder was Norwest Securities and that the interest rate bid by them was 8.3956. He also noted that the registrar for the bonds is the First Bank of Minneapolis, and he also pointed out that this is the first registered issue of the City under the new law requiring registration of bonds. Mr. Pulscher proceeded to review the duties of the registrar of the bonds which included keeping the records on the bonds, including such items as any turnover in the ownership of the bonds. He also noted that the Council's decision to use the City's utility fund for interim financing saved approximately $75,000 to $100,000 in bonding costs. RSOLUTION NO. 83-162 Member Rich Theis introduced the following .resolution and moved its adoption: 10 -17 -83 -3- RESOLUTION AWARDING THE SALE OF $930,000 TAX INC10'1 NT PONDS OF 1983 FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR =,, UTION _'D DELIVERY; AND PROVIDING FOR THEIR PAYMENT 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bids and Awarding Contract for the Brooklyn Center Solar Demonstration Project. He explained the Solar Demonstration Project is part of the City's Community Development Block Grant Program. Councilmember Theis .requested the staff to elaborate on the record keeping that would be done on the project. Administrative Assistant Hoffman noted that the City has a record of past utility consumption for the homes participating in the project, and these is also an agreement for access to these records for the next three years after the completion of the project. He explained that the access to .records includes utility consumption and also life -style . records in the event that any significant changes are made in the life -style of the residents which would affect energy consumption, RESOLUTION NO. 83 -163 Member Bill Hawes introduced the following .resolution and moved its adoption; RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT POR THE BROOKLYN CENTER SOLAR DEMONSTRATION PROJECT 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, -Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said .resolution was declared duly passed - and adopted. ORDINANCES b)C ANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR AN OR DINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE lie City Manager noted that the ordinance amending Chapter 11 comprehends several amendments to the City's liquor ordinance, including the creation of additional classification of liquor licenses, and that the ordinance amending Chapter 23 changes the liquor license fee schedule as stipulated in the ordinance amending Chapter 11. He noted that the ordinance amendments were discussed at a number of meetings with .representatives from the Chamber of Commerce whose members are present this evening. He explained that rather than amend the ordinance in apiece meal fashion a staff decision was made to redraft the entire liquor ordinance. He explained that the basic intent of the liquor ordinance originally was to achieve a high quality of development with regard to liquor establishments and to avoid the "corner bar" problem. He added that he believes the old ordinance met these goals, 10 -17 -83 -4- and that he also believes the new ordinance will continue to meet these requirements. He then reviewed the various classifications of liquor licenses proposed in the new ordinance. He added that the 150 seat requirement for the restaurant portion of liquor establishments was maintained in the .revised ordinance. Councilmember Hawes inquired as to how new applications for liquor licenses will be addressed. The City Manager explained under the ordinance proposed new applications would obtain a Class B license, and after one yea.r's experience the classification could change based on the experience evaluation of the establishment. Councilmember Theis addressed the situation of what would occur if an establishment changes hands over the course of a year. The City Manager stated that he would review this policy in more detail before the second .reading of the ordinance, but he believed that the new owner would probably "buy the history" of the past owners for a certain period of time. Councilmember. Theis expressed a concern over the possibility that a business may change owners simply to achieve a lower license category. The City Manager explained that the investigation of the liquor license is in itself expensive and that he believed this would discourage this type of behavior. Council discussion continued .regarding investigation of liquor licenses, and in reponse to a question from the Council, the City Attorney pointed out that currently the court has upheld the concept that aliens cannot be denied a liquor license simply because they are aliens. However, he pointed out, if an alien could not be investigated due to °some circumstance, such as inability to obtain records, then that part of the ordinance would be upheld and the license could be denied on that basis. He added that the Council would have to decide whether they agree with the City Manager if he recommends a denial of a liquor license because the investigation of the applicant was not practical. The City Manager proceeded to .review the process by which ordinances a-re enacted, including the first reading, second reading, and publication .requirements for ordinances. AWARD PRESFWATION FOR LOGO CONTFST Mayor Nyquist stated that he would like to turn to another item and noted that he had promised Mrs. Barbara Jensen that the Mediation Center could present its award this evening to the winner of the logo contest held by the Mediation Center. Mrs . Jensen explained that over the period of the past several months the Brooklyn Center mediation program has been up and .running in the City. She noted that a contest was held to find a logo for the Mediation Center and that the winning entry was submitted by Mr. Michael Goebel. Mr. David Anderson of Anderson & Strand law offices presented Mr. Michael Goebel the first prize in the Brooklyn Center logo contest. The City Council returned to its discussion of the proposed liquor ordinance. The City Manager pointed out that on page four of the proposed ordinance Section 11 .05, Subdivision 4 should be changed to read "shall cause to be investigated". Also, he pointed out, that on page 23 of the proposed ordinance in paragraph c, under no. 6, the .references to 15 years and 10 years in that paragraph should be changed to three years. He added that this change should also be made on page 17 and pointed out that 10 -17 -83 -5- j i this would keep the ordinance in line with state law; however, he pointed out, the 10 year and 15 year period could be kept under the ordinance. Council-member Theis stated that he would be in concurrence with changing the period g g 1� to three years. Mayor Nyquist pointed out that on the bottom of page 13 of the proposed ordinance, it is stated that no more than 10 such licenses shall be issued during any calendar year, and inquired whether this meant 10 per year for the entire City or 10 per licensee. The City Attorney stated that wording in the statute indicates 10 per City but that this may be changed at the next legislative session since it will likely create problems. He added that the intent of the law may have been 10 per licensee. The Chief of Police James Lindsay stated that he believes the Liquor Control Commission's interpretation of this section of the law is that it allows 10 per licensee. Mayor Nyquist stated that he would like to entertain comments from the audience at this point. Mayor Nyquist recognized Mr. Jack Weber, Treasurer of the Brooklyn Center Chamber of Commerce. Mr. Weber stated that Chamber members have met numerous times with the City representatives to discuss the proposed revisions in the liquor ordinance. He stated that the Chamber members support the ordinance intent regarding neighborhood bars. He then referred Council members to a resolution of the Chamber and pointed out that the .resolution of the Chamber includes a recommendation for a $750,000 minimum cost, including land, for a food with liquor facility. He also noted that the resolution comprehends continuation of the 150 seat minimum capacity for a restaurant. He then referred Council members to the various liquor classes and license fees proposed in the Chamber's resolution. He noted that there was a strong .recommendation from the Chamber to maintain the liquor license at $10,000 for facilities meeting the 50/50 ratio. He then .referred Council members to a survey of 1 cities and noted there is only one City -in the survey with a $10,000 license and many cities below this amount. He added that 10 of the cities surveyed have nothing in their ordinance regarding .ratios and those that do generally have a 60/40 liquor and food split. In .response to Mr. Weber I s comments, Mayor Nyquist stated that he has a problem with the $750,000 amount being included in the ordinance since a fixed dollar amount tends to become obsolete. Mayor Nyquist then .recognized Mr. Howard Heck. Mr. Heck stated that he believed the intent of the split liquor bill passed in 1969 was to have a restrictive ordinance in Brooklyn Center to promote quality establishments as opposed to the "corner bar ". He added that the pr oposed ordinance appears to keep the ordinance on the restrictive side compared to other cities. He pointed out that the 50/50 ratio was the most .restrictive at the time the split liquor bill was passed and that the $10,000 license fee was also the highest in the area at that time. He concluded his remarks by stating that he was happy to see the restrictive ordinance continued, and that the ordinance amendment appears to be a "fine tuning" of the original ordinance as opposed to a radical change. The Council members continued to discuss the proposed revision to the City's liquor ordinance and Mayor Nyquist suggested a possible revision for the var. ious license classifications. The Mayor's proposal included the following categories: 10 -17 -83 -6- 40-45% food, $20,000 license fee 45 -50,,o food, $16,000 license fee 50 -65% food, $11,000 license fee 65-8 food, $8,000 license fee above 80/ food, $6,000 license fee The City Manager stated that he would review both the Mayor's proposal and the Chamber's proposal with regard to projected revenues for liquor licenses. He added that the schedule could be changed at the second .reading. Councilmember Theis stated that, in light of the inflation occurring since the original_ ordinance, he does not feel that a $12,000 licensee fee is an excessive increase. The City Manager stated that he would review the var. ious license fee classifications with regard to projected revenue and return to the Council in a couple of weeks with the information. Councilmember Theis inquired whether there was any flexibility built into the new ordinance with regard to new business experience for less than one year. The City Attorney stated that - the dollar amount could not be adjusted since the statute does not permit it. He added that it is generally a judgment call with regard to establishment of an experience. He added that the City Manager could look at the data available with regard to license holders and recommend that a certain time period is sufficient for establishment of experience. He added that the City Manager would make the recommendation to the Council and that the Council would make a judgment based on 'this recommendation. Councilmember Theis stated that he would like to see some flexibility for the Council with regard to the establishment of the .ratio. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor and to establish a public hearing on the ordinance for November 7 at 8.00 p.m. during the regularly scheduled City Council meeting. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 23 of the City Ordinances Regarding Liquor License Fees and to set a public hearing for the ordinance on November 7, 1983 at 8:00 p.m. during the regularly scheduled City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. ' Voting against: none. The motion passed unanimously. CITY HALL POILER REPA The Cit y PZ an --er .referred Council members to a memorandum from the Director of Public Works regarding the cost of boiler repair for the City Hall boiler. He noted that the first boiler was .repaired, pressure tested, and placed in operation at a cost of just under $2,000. He explained further, the company that repaired; the first boiler proposes to repair the second boiler at a cost not to exceed $3,370. He reviewed the reasons for the higher cost which are that the boiler has greater damage to the insulation and casing panels than the first boiler, and that the quote also includes furnishing six new tubes for the boiler. He explained that adequate funds are available in the 1983 Government buildings budget and that $5,900 was budgeted for the boiler element replacement. 10 -17 -83 -7- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the expenditure of funds from the 1983 Governmient Buildings budget not to x e e ce d $3,370 for the repair of the boiler. in City hall. Voting in favor: Mayor _Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Counci7membe.rs Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:20 p.m. Clerk Mayor 10 -17 -83 -8- MEMORANDUM TO: City Council City of Brooklyn Center FROM: R. J. Schieffer City Attorney RE: Petition to Rescind Resolution 83 -128 By Melba P. Evanson Our File No. 1860 DATE: November 7, 1983 I have reviewed the attached Petition and find that the Petition is largely addressed to zoning issues in the vacinity of that portion of 70th Avenue which was rerouted in the Summer of 1983. However, since the Resolution in question is a resolution adopting assessments for sewer, water and street, I have reviewed the Petition in light of Section 429.081 which governs appeals to the District Court from an assessment by a city council. As you know, the statute requires that in order to perfect an appeal to District Court, the petitioner must make objection either prior to or at the public hearing at which the assessment is considered. I reviewed the Minutes of August 22, 1983, and conclude that the comments made by Mr. Paul Rosso could be construed as a proper objection for the purpose of preserving his rights of appeal.' However, Section 429.081 also provides, inter alia that an appeal to the District Court from the,decision of the City Council must be served upon the mayor or the city clerk within a period of thirty (30) days after the adoption of the assessment. In this case, it appears that approximately sixty (60) days have elapsed since the action taken by the city council and, therefore, the Petition, if it were construed as an appeal, would be untimely. Since, as a practical matter, these appeal procedures pro- vide the single, g exclusive remedy for the petitioner, it appears that the appeal is fatally flawed. However, if petitioner files this appeal with the District Court and attempts to set it on for hearing, a Motion for Dismissal will be undertaken by our office and the matter disposed of. The question arises whether or not this Petition should be treated simply as a request to revoke the Resolution previously adopted. As you know, the Resolution was Memo to City Council Page Two November 7, 1983 adopted and the assessments were certified to the county auditor. It is my view that Section 429.081 constitutes the only valid appeal process. In addition, it appears to me to be unwise for the council to accept the Petition and consider it on its merits because, if the Petition were considered and denied, it could be construed as a reaffirmment of the original assessment and could possibly open up a second thirty (30) day appeal. Given the legal complexities which an unorthodox document of this type gives rise to, my advice is for the city council to dispose of the Petition by the adoption of the attached Resolution. RJS /mid November 7, 1983 1983 The City of Brooklyn Center Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 From: Melba P Evanson,, PETITIONER Re: PETITION TO RESCIND Resolution 83 -128 dated August 22, 1983, "Resolution Adoptinc Assessment for 69th -70th Avenue Street Sanitary Sewer and Water Main Improvement Projects." Dear Council Members: The MOST COMPELLING REASON for this PETITION TO RESCIND the Council's Reso 83 -12 is that the Improvement Project' Numbers 1982 -09, 1982 -10 and 1982 -11 for STREET, SEWER and WATER Special Assessments DO NOT adjoin, and /or abut, and /or benefit Petitioner's Parcel Of Land in any way whatsoever BECAUSE the above Improvement Project was installed ONLY FOR THE MULTIPLE DWELLING UNITS constructed in a SINGLE FAMILY Zoned District. The Council Members should NOTE that STREET, SEWER and WATER was installed in 1960 on 70th Avenue for Petitioner's and Developer's Property in a R -1 zoned Single Family detached Housing Area. The Developer, INSTEAD of constructing two Single Family Dwelling Units as the City's Comprehensive Plan and the City's Zoning Code provides for, SOUGHT to SPOT ZONE for Multiple Dwel- lings. The City SPOT ZONED for Multiple Dwellings even though ALL of the adjoining Property Owners TIMELY OBJECTED by written Petition filed with the City Clerk's Office. The RECORD REFLECTS that the 69th to 70th Connection 19'82 -09, 1982 -10 and 1982 -11 was constructed for ONLY one PURPOSE, to provide STREET, SEWER and WATER for the Multiple Dwellings constructed upon the 69 -70 Avenue Connections in a R -1 Zoned Single Family detached Housing area. Mullins v. City of El Dorado, Kan. 436Prd837,843. Foundation of POWER to make SPECIAL ASSESSMENT for local improvement of ANY CHARACTER including construction of a sanitary sewer system, is that the Property against which the assessment is levied DERIVES SOME SPECIAL BENEFIT from the improvement, so that a "Special Assessment" therefor, is in the nature of a tax levied against property ACCORLING TO THE BENEFITS RECEIVED. M MEMORANDUM TO: Rich Theis FROM: R. J. Schieffer City Attorney RE: Liquor License Ordinance DATE: November 4, 1983 Attached is an example of the language you and I discussed: Section 11- 511(16), "A licensed restau- rant shall be conducted in such a manner' that at least fifty percent (50 %) of the business for a license year is the serving of foods. A licensed establish- ment which derives a significant part of its revenue from sources other than liquor and food shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, at least forty percent (40 %) of the business for a license year is the serving of foods." RJS /mjd November 4, 1983 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 7th day of November, 1983 at 8:00 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City's Parks and Recreation Ordinance by regulating the use of;City Parks.and Open Space. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF THE CITY OF BROOKLYN CENTER BY REGULATING THE USE OF CITY PARKS AND OPEN SPACE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: I. CHAPTER 13, PARKS AND RECREATION, is amended by deleting the material enclosed in brackets and adding the material indicated by underscoring. Section 13 -101 DEFINITIONS For the purpose of this ordinance the following definitions shall apply Glass Beverage Container - Any container used or designed to store transport mix or consume beverages which is constructed using glass or any similar material which shatters into shards upon impact. Section 13 -102 CURFEW AUTHORIZED. No person unless engaged in official City business shall enter upon or use any park and recreation facilities of the City of Brooklyn Center, including all Park and Open Space property, improved or not, and all equipment and facilities thereon, between the hours of 10:00 p.m. and 6:00 a.m. when such Parks and Open Space or facilities are posted by sign noting the curfew hours; provided, however, that such posting shall be by order of the City Council. The fact that any person not engaged in official City business as authorized or delegated by the City Manager may be present in a posted Park and Open Space during said curfew hours shall be prima facie evidence that said person is there unlawfully. Section 13 -103 ALCOHOLIC BEVERAGES PROHIBITED. No person shall bring into any park nor possess, display, consume or use intoxicating liquors nor nonintoxieating malt liquors in any park unless a permit has been issued by the Director of Parks and Recreation. Such permits shall be limited to duly organized [nonprofit] local [civic] organizations operating under a constitution and bylaws and which shall have been in existence for at least one year. {Section 13 -114 PENALTIES. Any person violating the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars ($500) and by imprisonment not to exceed ninety (90) days.] i Section 13 - PROTECTION OF PERSONS AND PROPERTY 1. The City M�er is hereby authorized to close an Park and Open Space or any portion thereof, and any a utomobile p arking area within or immediately adjacent thereto, for such period of t me as shall be necessary for the purposes stated herein. The closing of any Park and Open Space shall be by written order - of the City Manager, shall be posted at appropriate access points near the area closed I the order, and shall be valid for the following purposes: (a) To protect public properties such as a� the roads, parking lots, landscaping, construction and repair projects, equipment, tools, and other property of a similar nature; (b) To protect wildlife, trees, grass, waters, all manner of natural habitat, and other objects of a similar nature; (c) To rotect persons, animals and property from � P � P P Y dangerous conditions in the Parks and Open Space (d) To protect against, to protect persons from, or to terminate a Breach of the Peace, Assault, Unlawful Assembly, Riot, Fighting and Brawling, Illegal Use of Alcohol, Drugs, or Controlled Substances, Nuisance, whether civil or criminal, Trespass, whether civil or criminal Disorderly Conduct, Terroristic Threats, Excessive or Unreasonable Noise, Littering, and similar activities or events. 2. -It shall be unlawful and punishable as provided herein for any ersonto enter or remain in an area of a Park and Open Space wh ch been closed by order of the - City Manager. Section 13 - 115. GLASS BEVERAGE CONTAINERS PROHIBITED No erson shall bring a Glass Beverage Container into a ny Park and Open Space or the waters in or contiguous thereto, nor use, possess or deposit the same therein, including de osit in a trash conta er, except under permit issued b. the Director of Parks and Recreation under Se tic on 13 -103 hereof. — Section 13 -116 CERTAIN DEPOSITS UNLAWFUL No person shall enter a Park and Open Space or the. waters in or contiguous thereto for the purpose of depositing Garbage, Refuse, Rubbish, Swi�ll, or Waste Matter as defined in Section 7 -101 of the Brooklyn Center City Code. Section 13 - 117. PENALTIES Any p erson violating the provisions of this ordinance, upon conviction thereof, shall be punished — by a fine not to exceed seven hundred dollars ($700) or by imprisonment not to exceed . ni p nett' (90) days, or , o5 to rosecution. ether with the costs of g P -2- Ordinance No. Adopted this day of 19 Mayor ATTEST. Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). M & C NO. 83 -10 November 4, 1983 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Proposed Liquor License Amendments' To the Honorable Mayor and City Council: At your Monday night meeting you will be considering the second reading and holding a public hearing on the proposed amendments to the liquor license ordinance. We will be proposing a number of technical or clerical amendments and modifications which should not have substantial policy impacts. One of the proposed modifications I am .recommending which does have some policy impact is a redrafting of the license fee section of the proposed ordinance to reduce the number of classes of licenses. I am proposing this reduction so there will be fewer points on the fee scale at which the dollar amounts of licenses change. In reviewing the administration of the originally proposed fee scale, we find with the large number of points of license fee changes there is more opportunity for administrative difficulties. The proposal we are now offering for your consideration sets the license fee at $15,000 for food percentages between 40% through 49%; $12,000 for food percentages between 50% through 79%; and $9,000 for food percentages 80% and above. We have also reviewed the feasibility of splitting motels and entertainment centers such as bowling alleys off as allowing them a lower percentage of food sales than other .restaurants. I believe that will create additional administrative and policy problems and questions. If you allow a different percentage of food to liquor .ratio for one group or class of licenses than another, it would have to be done on some .rational basis which could stand a court test. The City Attorney has reviewed this option and finds it legally feasible, but it would put the Council in a situation where they may have to defend the reason why motels, hotels, and bowling alleys were treated differently than other restaurants. The more discriminating you become in drafting your ordinance and the greater detail you place in it, it seems the greater risk you have of legal difficulty. We have received from our current license holders, some figures on the food and liquor splits for this year. Two of the license holders have not given us their current year's figures, but we anticipate them very shortly. Based on the information we have had from previous years and our current year information, it appears the licensees will break down in the following categories: Two license holders will be in the 40% through 49%- food range five of the licensees will be in the 50% through 79% category; and two will be in the 80% food and above category. Should the Council have any further questions, please don't hesitate to contact me. Re OdSplinter, Ztes witted, Ci 1. oRrINAI'.CE E0. Off male r?alt 11 -1029 [35.00] Subd 1 Dec. 31 50.00 On Sale Wine 11 -507 Dec. 31 2,000.00 Section 2. This ordinance shall become effective after adoption and upon thirty days (30) days following its legal publication. Adopted this day of , 1953 Mayor ATTEST: Clerk I Date of Publication October 27, 1983 Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) r CITY OF BROOYMYN CENTER Notice is hereby given that a public hearing will be held on the 7th day of Yovember, 1983, at 8:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Ordinances which would revise the license fees for liquor. ORDINARCE NO I I AT ORDITdAP:CE AMP.DIP,G CHAPTER 23 OF THE CITY ORDINANCES REGARDING LIQUOR LICEIS! FEES Ta CITY COUNCIL OF THE CITY OF BROOKLYN CRITER DOES ORDAIN AS FOLLOWS; Section l. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -010. LICEP "SE FFES. The fees for the various licenses shall be as hereinafter staa e�Tc , withstanding other ordinance provisions regarding the specific fee. Fee, (annual, unless other- Type of License Required by Section License h Tres wise stated) On Sale Intoxicating Liquor [11 -507] [Dec. 31] [10,000.00] Class A 11 -507 Dec. 31 9,000.00 Class B 11 -507 Dec. 31 12,000.00 Mass C 11-5 7 Tec. 31 15,000— o`o Class D, 11 e'c. 71 18,000. On Sale Liquor (Club) [11 -502] [Dec. 311 [100.00] 11 -507 Lp to 200 Members Dec. 31 300.00 20T 7M �e1 Fers Le-c-. 77 771 __ 1,= ieen1 aers hec. 7T Vim 1,0 1 - 2,00 Members Tec. 33 2757 -4,000 Tlembers Dec. 31 1,000.00 T_,001 - 6,000 Members Teo . 31 2,000. Over _ C0 Tlembers Dec. 31 3,000.00 Sunday On Sale [11-5511 Intoxicating Liquor 11 -552 Dec. 31 200.00 [Liquor Display Permit] [1.1 -401] [Special] Set Up License 11 -4.02 June 30 300.00 Temporary Set Up License 11 -403 Special. 25.00 /day On Sale Yalt 11 -102, [ 300 . 00] Subd 1 Dec. 31 500.00 Temporary On Sale 11 -102, [10.00 /day) rlalt Sub 1 Special 25/00/d MEMORANDUM TO: Gerald Splinter City Manager City of Brooklyn Center FROM: R. J. Schieffer City Attorney RE: Liquor License Revisions DATE: November 2, 1983 I met with Lindsay and we agreed on the following revisions: (1) 11- 507(5), add at the end of the paragraph the following: "For purposes of this subdivision a change in the controlling interest of the licensee is deemed a transfer of the license." (2) 11- 504(5d), line six, add the words, "or directors after the word officers. (3) 11- 502(3), change Class B to Class D. (4) 11- 502(3), add an additional sentence, "Upon transfer of the license of an existing licensed premise the license class is dictated by the said established ratio." (5) 11 -502 A, B and C - License = A - 80% + food - $9,000 B - 50% through 79% - $12,000 C - 40% through 49% - $15,000 Chapter 23 should also be amended to reflect the changes in the fee structure. Licenses to be approved by the City Council on November 7, 1983 kl yAL KF1; LICENSE _._.._._ o lyn Pet Hos pital 4902 France Ave. N. - fr anitarian FOOD ESTABLISH LICENSE ' C ountry tore 3600 63rd Ave. N. < + San itarian MECHANICAL SYSTIFS LICENSE fir oZ' ales 689 Pierce Butler Rt. Northeast Sheet Metal, Inc. 4347 Central Ave. N.E. Bu ild in Y ficiai NONPERISHABLE VFITDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Sinclair 6601 Lyndale Ave. N..!a 'S anitarian G ENERAL R APP OVAL r d . 7p�er, City Clerk