HomeMy WebLinkAbout1988 01-11 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JANUARY 11, 1988
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order
by Mayor Dean Nyquist at 7:03 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 Public
Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and
Inspection Ron Warren, City Attorney Charlie LeFevere, EDA Coordinator Brad
Hoffman, and Personnel Coordinator Geralyn Barone.
INVOCATION
The invocation was offered by Councilmember Hawes.
EMPLOYEE SERVICE RECOGNITION PROGRAM
The City Manager said tonight is the ninth annual presentation by the City
Council of service awards to City employees recognizing years of service to the
City. Recognition is given to those employees who, during 1987, observed the
anniversary of either 20 or 25 years of permanent full -time employment with the
City. The City Manager said the awards are a part of a service recognition
program approved by the City Council in 1979. He said employees with 20 years
of service include Public Works Dispatcher M. Robert Holmes and Police Officer
Erland Shelley. He said Police Officer Richard Handy has been employed with the
City- for 25 years. Mr. Holmes was present at the meeting, and the Mayor and
City Manager presented him with a service award.
OPEN FORUM
Mayor Nyquist recognized Ms. Bonnie Lukes, 3300 62nd Avenue North, Brooklyn
Center, Minnesota, who said she is at the meeting this evening representing the
Brooklyn Center Mediation Project at the direction of the project's board of
directors. She said Mayor Nyquist sent members of the board a letter regarding
the proposed organization name change, and the board has asked the City Council
to table any action it might take this evening regarding the name change until
the board has an opportunity to meet tomorrow.
RECESS
The Brooklyn Center City Council recessed at 7:06 p.m. and reconvened at 7:41
p.m.
ORDINANCE
The City Manager presented An Ordinance Amending the Brooklyn Center City
Charter. He said this ordinance was first read on December 14, 1987, published
in the City's official newspaper on December 24, 1987, and is scheduled this
evening for a second reading. He added the ordinance will remove from the City
Charter the word "volunteer" as it relates to the fire chief.
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Mayor Nyquist opened the meeting for the purpose of a public hearing on An
Ordinance Amending the Brooklyn Center City Charter and inquired if there was
anyone present who wished to speak at the public hearing. No one requested to
speak and he entertained a motion to close the public hearing.
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis
to close the public hearing on An Ordinance Amending the Brooklyn Center City
Charter. The motion passed unanimously.
ORDINANCE NO. 88 -01
Member Bill Hawes introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER
The motion for the adoption of the foregoing ordinance was duly seconded by
member Celia Scott, and the motion passed unanimously.
The City Manager told the City Council in the near future it will be considering
changes to the City's ordinances regarding the fire chief position.
PLANNING COMMISSION ITEM
PLANNING COMMISSION APPLICATION NO. 87027 SUBMITTED BY DR. JOHN LESCAULT
REQUESTING A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW A 32 SO FT FREESTANDING
HOME OCCUPATION SIGN AT HIS RESIDENCE AT 6142 BROOKLYN BOULEVARD
The City Manager said this item was recommended for denial by' the Planning
Commission at its December 17, 1987, meeting. He added the applicant requested
this item be considered by the City Council at this evening's meeting rather
than the December 28, 1987, City Council meeting.
The Director of Planning and Inspection proceeded to review the Planning
Commission's consideration of Application No. 87027. He referenced pages two
and three of the December 17, 1987, Planning Commission minutes and the
informational sheet attached to the minutes. He said a public hearing was held
and the Commission unanimously recommended the City Council deny the application
on grounds the qualification for meeting the City ordinance have not been met
for reasons cited in the Planning Commission minutes. The Director of Planning
and Inspection said a public hearing is scheduled this evening, notices have
been sent, and the applicant is present.
Mayor Nyquist asked if anything about the applicant's home is unique or
different from other home occupations on Brooklyn Boulevard. The Director of
Planning and Inspection noted the City ordinance regarding signs for home
occupations does not refer to the location of the home, so regardless of whether
or not it is located on or off of Brooklyn Boulevard, compliance with the sign
ordinance must be met. He said he does not feel the applicant's situation is
unique. Councilmember Lhotka asked how many home occupations are located along
Brooklyn Boulevard, and the Director of Planning and Inspection said there are
approximately six. Councilmember Lhotka asked if the location were zoned Cl,
would a larger sign be allowed. The Director of Planning and. Inspection
responded affirmatively; however, because the applicant has a home occupation,
he is restricted to the home occupation ordinance regardless of zoning of the
location.
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Councilmember Scott asked what the
size of the existing sign is, and the
Director of Planning and Inspection said it is 3 sq. ft. rather than the 2.5 sq.
ft. allowed by ordinance.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning
Commission Application No. 87027 submitted by Dr. John Lescault requesting a
variance from the sign ordinance. He recognized Dr. John Lescault, who said his
land is transitional property and said he has been told by a sign company that a
larger sign would be appropriate. In addition, if he brings in another doctor
on his staff, the letters on the sign have to be made even smaller to allow both
his and the other doctor's names on the sign. Councilmember Scott asked the
applicant why he feels it is necessary to put the doctors' names on the sign
when all he would need to do is put Lescault Clinic on the sign. Dr. Lescault
said under law he is required to post the names of the doctors on the sign and
also include the word chiropractor on the sign. Councilmember Lhotka asked the
Director of Planning and Inspection if he was aware that the chiropractor and
the doctors' names have to be on the sign as required by law. The Director of
Planning & Inspection said he was not aware of this. Councilmember Lhotka
pointed out that the home occupation ordinance is very emphatic about signs.
The City Manager said if any consideration is given for granting a variance, the
Council should examine the ordinance to decide whether or not the ordinance
should be amended. Councilmember Lhotka agreed with the City Manager. Dr.
Lescault pointed out that his business is unique because other home occupations
do not have to list the doctors' names on their signs.
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes
to close the public hearing on Planning Commission Application No. 87027
submitted by Dr. John Lescault regarding a variance from the sign ordinance.
The motion passed unanimously.
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis
to table Planning Commission Application No. 87027 submitted by Dr. John
Lescault requesting a variance from the sign ordinance while staff investigates
the law that may affect the contents of the applicant's sign; staff is requested
to put this item on the agenda when sufficient information has been obtained.
Councilmember Hawes asked if another doctor can be employed at the location of a
home occupation, and the Director of Planning and Inspection said another
employee is allowed. Upon vote being taken on the foregoing motion, the motion
passed unanimously.
SELECT MAYOR PRO TEM
There was a motion by Councilmember Scott and seconded by Councilmember Theis to
appoint Councilmember Hawes as the Mayor Pro tem for 1988. The motion passed
unanimously.
CONSENT AGENDA
Mayor Nyquist inquired if any Councilmembers requested any items removed from
the consent agenda. Councilmember Hawes requested item 12h be removed,
Councilmember Theis requested item 10d be removed, and Councilmember Lhotka
requested item 10a be removed from the consent agenda.
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APPROVAL OF MINUTES - DECEMBER 28 1987 REGULAR SESSION
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the minutes of the December 28, 1987, City Council meeting. The motion
passed unanimously.
MAYORAL APPOINTMENTS
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
appoint Arvid (Bud) Sorenson and Larry Propst to serve as Park and Recreation
Commissioners through December 31, 1990. The motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
appoint Michael V. Nelson, Molly Malecki, Ann Wallerstedt, and Bertil G. Johnson
as Planning Commissioners to serve through December 31, 1989. The motion passed
unanimously.
RESOLUTIONS
RESOLUTION NO. 88 -01
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 88 -02
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE
TO THE
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION N0. 88 -03
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION REGARDING MAYOR NYQUIST'S 1988 SALARY
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO 88 -04
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -C (COMMUNITY CENTER
PAINTING PROJECT NO. 1987 -05)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
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RESOLUTION NO. 88 -05
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1988
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 88 -06
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING THE PROPOSAL OF WESTWOOD PLANNING AND ENGINEERING COMPANY
TO PROVIDE PLANNING SERVICES RELATING TO "THE PRESERVE"
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 88 -07
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING THE PROPOSAL OF WESTWOOD PLANNING AND ENGINEERING' COMPANY
TO PROVIDE PLANNING SERVICES RELATING TO TWIN LAKES
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 88 -08
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTATION FOR POLICE DEPARTMENT WORK STATION
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
LICENSES
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the following list of licenses:
BOWLING ALLEY
Beacon Bowl 6525 Lyndale Ave. N.
CIGARETTE
A & J Enterprises 6843 Washington Ave. S.
Best Company 5925 Earle Brown Drive
Bob Ryan Olds 6700 Brooklyn Blvd.
Schmitt Music 2400 Freeway Blvd.
Beacon Bowl 6525 Lyndale Ave. N.
Gift Shop, Too 1501 Freeway Blvd.
K -Mart 5930 Earle Brown Drive
Super America No. 4160 6545 West River Road
Super America No. 4058 1901 57th Ave. N.
Yen Ching Restaurant 5900 Shingle Creek Pkwy.
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GARBAGE AND REFUSE COLLECTION VEHICLE
Randy's Sanitation, Inc. Route 342
GASOLINE SERVICE STATION
Osseo Brooklyn Bus Company 4435 68th Ave. N.
Bill West's Service Center 2000 57th Ave. N.
ITINERANT FOOD ESTABLISHMENT
Boy Scout Troop 299 7200 Brooklyn Blvd.
Garden City School 3601 65th Ave. N.
LODGING ESTABLISHMENT
Brookdale Motel 6500 West River Road
MECHANICAL SYSTEMS
Central Air and Heating 2020 Silverbell Road
SPECIAL FOOD HANDLING ESTABLISHMENT
Brooklyn Center Liquor Store #1 1500 69th Ave. N.
Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd.
Brooklyn Center Liquor Store #3 5711 Morgan Ave. N.
The motion passed unanimously.
MAYORAL APPOINTMENTS CONTINUED
- Councilmember Lhotka said he wishes to table the decision on appointing the
chairperson of the Human Rights and Resources Commission. Mayor Nyquist said
that appointment is not an issue here.
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis
to appoint Louis Sullivan as a Human Rights and Resources Commissioner to serve
through December 31, 1990. The motion passed unanimously.
Councilmember Theis said because Housing Commissioner Clifford Williams, Sr. has
not been reached, he requests tabling the reappointment of Mr. Williams to the
Housing Commission until notification has been made.
There was a motion by Councilmember Theis and seconded by Councilmember Scott to
appoint Ken Felger and Philip Cohen to serve as Housing Commissioners until
December 31, 1990. The motion passed unanimously.
There was a motion by Councilmember Theis and seconded by Councilmember Scott to
appoint Ken Felger as chairperson of the Housing Commission. The motion passed
unanimously.
Councilmember Lhotka said he would like to table a decision on the appointment
of the Human Rights and Resources Commission chairperson until he has notified
the current chairperson regarding her intentions of continuing as a
commissioner. Mayor Nyquist said he would like to table the decision on
appointment of the Park and Recreation Commission chairperson.
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There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
table until the next meeting chairperson appointments to the Human Rights and
Resources Commission and the Park and Recreation Commission. The motion passed
unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
appoint George Lucht as chairperson of the Planning Commission. The motion
passed unanimously.
DESIGNATE OFFICIAL NEWSPAPER
The City Manager said it is a legal requirement to have an official newspaper
for posting official City notices.
There was a motion by Councilmember Theis and seconded by Councilmember Lhotka
to designate the Brooklyn Center Post newspaper as the City's official
newspaper. The motion passed unanimously.
RESOLUTIONS (CONTINUED)
The City Manager presented a Resolution Expressing Recognition of and
Appreciation for the Dedicated Public Service of Fran Gunberg. Mayor Nyquist
pointed out the starting date of Ms. Gunberg as listed in the resolution is
incorrect. The Personnel Coordinator said the accurate starting date is
February 27, 1984.
RESOLUTION NO. 88 -09
Member Gene Lhotka introduced the following resolution and moved its adoption as
amended to include the starting date of the Commissioner as February 27, 1984:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF FRAN GUNBERG
The motion for the adoption of the foregoing resolution was duly seconded by
member Rich Theis, and the motion passed unanimously.
RESOLUTION NO 88 -10
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF BARRY WALLERSTEDT
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 88 -11
Member Rich Theis introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF CARL SANDSTROM
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed unanimously.
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RESOLUTION M. 88 -12
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF THE BROOKLYN CENTER U.S. CONSTITUTION BICENTENNIAL COMMITTEE AND ITS
CHAIRMAN, BILL LAKOTAS
The motion for the adoption of the foregoing resolution was duly seconded by
member Rich Theis, and the motion passed unanimously.
Mayor Nyquist suggested members of the Council take the opportunity to look at
the new emblem that has been erected in Constitution Hall.
The City Manager presented a Resolution Accepting Work Performed under Contract
1986 -D (Improvement Project No. 1985 -19, Water Utility Control System).
Councilmember Hawes
asked for clarification of the total amount paid as listed
in item 2 of the resolution. The Director of Public Works proceeded to explain
the payment of funds from the original contract and those for the supplemental
agreement.
RESOLUTION NO. 88 -13
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -D (IMPROVEMENT PROJECT
NO. 1985 -19, WATER UTILITY CONTROL SYSTEM)
The motion for the adoption of the foregoing resolution was duly seconded by
member Rich Theis, and the motion passed unanimously.
RESOLUTION NO. 88 -14
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE FURNISHING AND DELIVERY
OF ONE (1) FRONT END LOADER WITH ACCESSORY EQUIPMENT
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed unanimously.
The City Manager presented a Resolution in Support of Increasing Funding for the
Northern Mayors' Association. The City Manager said the resolution as presented
be amended to allow 1 w fo
r the use of money from the City's contingency .fund.
Councilmember Hawes said he will vote against this resolution because he objects
to lobbying efforts. Councilmember Lhotka asked if this is the first time this
organization has asked for money, and the City Manager said the City is already
paying approximately $500 a year to the association. Councilmember Lhotka asked
if Mayor Nyquist is recommending approval of this, and Mayor Nyquist responded
affirmatively. Councilmember lmember Th
eis
asked Mayor y Nyquist and staff to keep the
Council informed of any progress on this as it proceeds. Mayor Nyquist and the
City Manager said they would do so. Councilmember Theis said he agrees with
Councilmember Hawes that state representatives from this area should lobby for
the concerns of the communities in this area, but unfortunately the legislators
are not able to get the results the cities are interested in attaining.
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RESOLUTION NO. 88 -15
Member Gene Lhotka introduced the following resolution and moved its adoption
with the amendment to approve funding from the contingency fund:
RESOLUTION IN SUPPORT OF INCREASING FUNDING FOR THE NORTHERN MAYORS' ASSOCIATION
AND AMENDING THE 1988 GENERAL FUND BUDGET
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 therof: Mayor Nyquist, Councilmembers Lhotka, Scott, and Theis; and the
following voted against the same: Councilmember Hawes, whereupon said
resolution was declared duly passed and adopted.
DISCUSSION ITEM
AUTHORIZATION OF RECREATION PROGRAM SUPERVISOR
The City Manager referred the Council to M &C No. 88 -02 and other documentation
included in the agenda packet.
There was a motion by Councilmember Theis and seconded by Councilmember Scott to
authorize a third recreation program supervisor.
Councilmember Scott asked what duties the new person would be assuming, and the
Director of Recreation said mainly the sports program, which will relieve him of
these duties and allow him more time to attend to the operations of the golf
course and other administrative duties. He said program supervisor Sue LaCrosse
would be allowed more time to spend on planning for Earle Brown Days and
Entertainment in the Parks activities. Councilmember Theis asked what types of
things the Director of Recreation needs to do at the golf course, because he
thought the golf course manager would handle the maintenance and club house
operations. The Director of Recreation explained in the first year of operation
there will be some priorities that will have to be attended to with his
assistance. Councilmember Hawes asked if there will be any other full -time
people at the golf course besides the manager, and the Director of Recreation
said there will not be. Councilmember Theis asked how long the golf course
manager has been on staff, and the Director of Recreation said since April 1987.
Councilmember Theis requested a listing of the tasks the golf course manager has
performed since being hired. Mayor Nyquist pointed out the additional position
will allow for more help with Earle Brown Days activities. Councilmember Hawes
asked how many full -time employees were employed by the Park and Recreation
department when former Park and Recreation Director Gene Hagel was here. The
City Manager said there were five full -time employees, and now there are five,
including the golf course manager.
Upon vote being taken on the foregoing motion, the motion passed unanimously.
Mayor Nyquist recognized Phil Cohen who said on behalf of the Earle Brown Days
Committee, he would like to thank the City Council for its action this evening.
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ADJOURNMENT
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center City
Council adjourned at 8 :38 p.m.
• L
City Clerk Ma
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