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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. 1 -11 -88 -1- 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. 1 -11 -88 -2- 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. 1 -11 -88 -3- 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. 1 -11 -88 -4- 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. 1 -11 -88 -5- 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. 1 -11 -88 i 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. 1 -11 -88 -7- i 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. 1 -11 -88 _8_ 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. 1 -11 -88 -9- 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 1 -11 -88 -10-