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HomeMy WebLinkAbout1987 09-01 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 SEPTEMBER 1, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Reverend Erickson of Brooklyn United Methodist Church. 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 in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Hawes requested item 8b be removed from the consent agenda. APPROVAL OF MINUTES - AUGUST 24 1987 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the August 24, 1987, City Council meeting. The motion passed unanimously. RESOLUTION NO. 87 -172 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 9/1/87) 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: 9 -1 -87 -1- i AMUSEMENT DEVICE - OPERATOR LICENSE Chuck Wagon Inn 5720 Morgan Ave. N. Davanni's 5937 Summit Drive Green Mill Inn, Inc. 5540 Brooklyn Boulevard Holiday Inn 1501 Freeway Boulevard Metropolitan Transit Commission 6845 Shingle Creek Pkwy. MECHANICAL SYSTEMS LICENSE Master Mechanical, Inc. 9864 James Circle SIGN HANGERS LICENSE Scenic Sign Corporation Box 881 The motion passed unanimously. The Finance Director presented a brief slide show in conjunction with the Proclamation Declaring September 17 through September 23, 1987, as Constitution Week. PUBLIC HEARING ON ANNUAL CITY BUDGET The City Manager stated this evening an overview of the annual City budget will be presented to the City Council, and the public hearing can be continued to September 9, 1987. He noted there are two major problems which staff has had to deal with regarding the proposed 1988 budget, those being the levy limit base and the fact there would be no state aid to communities. The Finance Director began the overview by reviewing aspects of the proposed budget and then proceeded to discuss revenues and other funding sources. He stated at the September 9, 1987, special City Council meeting, individual departmental budgets would be reviewed. Councilmember Lhotka inquired where the City stands with regard to the appeal which was submitted for the levy limit base. The Finance Director stated the City has not received the final word yet on the appeal but several communities have already been rejected. He noted that two communities have received a definite yes to allow them to levy an additional amount equal to the amount that had been funded from reserves in 1987. Mayor Nyquist opened the meeting for the purpose of a public hearing on the annual City budget. He inquired if there was anyone present who wished to speak at the public hearing. There being none he entertained a motion to continue the public hearing to September 9, 1987. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to continue the public hearing on the annual City budget to September 9, 1987. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 Regarding Requirements for Nursing Homes. He stated this item was first read on August 10, 1987, published in the City's official newspaper on August 20, 1987, and is offered this evening for a second reading. He stated this ordinance would address certain zoning issues which relate to nursing homes. 9 -1 -87 -2- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 Regarding Requirements for Nursing Homes 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 Scott to close the public hearing on An Ordinance Amending Chapter 35 Regarding Requirements for Nursing Homes. The motion passed unanimously. ORDINANCE NO. 87 -11 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 REGARDING REQUIREMENTS FOR NURSING HOMES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 23 Regarding Nursing Homes and Boarding Care Homes and a Housekeeping Change to Section 23 -901. He noted this ordinance was first read on August 10, 1987, published in the City's official newspaper on August 20, 1987, and is offered this evening for a second reading. He noted this ordinance would remove the requirement for City licensing of nursing homes. Mayor Nyquist opened the meeting for the ur ose of a public hearing on An P P P g Ordinance Amending Chapter 23 Regarding Nursing Homes and Boarding Care Homes and a Housekeeping Change to Section 23 -901 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 Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 23 Regarding Nursing Homes and Boarding Care Homes and a Housekeeping Change to Section 23 -901. The motion passed unanimously. ORDINANCE NO. 87 -12 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 REGARDING NURSING HOMES AND BOARDING CARE HOMES AND A HOUSEKEEPING CHANGE TO SECTION 23 -901 The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He stated staff is requesting deferral of this item until September 14, 1987, because the final plat has not yet been filed. 9 -1 -87 -3- There was a motion by Councilmember Theis and seconded by Councilmember Hawes to continue the public hearing for An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land until September 14, 1987. The motion passed unanimously. The City Manager presented An Ordinance Vacating Part of the Utility and Drainage Easement in Lot 3, Block 1, Donnays Brook Lyn Gardens 4th Addition. He noted this ordinance is offered this evening for a first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Part of the Utility and Drainage Easement in Lot 3, Block 1, Donnays Brook Lyn Gardens 4th Addition and setting a public hearing date for October 12, 1987, at 7:30 p.m. The motion passed unanimously. PROCLAMATION Councilmember Theis introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING SEPTEMBER 17 -23, 1987, AS CONSTITUTION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Improvement Project No. 1987 -20 (Rehabilitation of Well Houses No. 5 and No. 6 ) and Approving ovin pp g with Roger Johnson - Richard Smith Architects, Inc. to Provide Professional Services Relating to this Project. Councilmember Hawes inquired if the engineering input mentioned in the August 26, 1987, letter from Roger Johnson - Richard Smith Architects, Inc. was the same item which was mentioned in the August 20, 1987, letter. The City Manager responded affirmatively. Councilmember Lhotka inquired if Roger Johnson — Richard Smith Architects, Inca looked at the buildings before placing a not -to- exceed limit on their quote. The City Manager responded affirmatively. RESOLUTION NO. 87 -173 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -20 (REHABILITATION OF WELL HOUSES NO. 5 AND NO. 6) AND APPROVING AGREEMENT WITH ROGER JOHNSON - RICHARD SMITH ARCHITECTS, INC. TO PROVIDE PROFESSIONAL SERVICES RELATING TO THIS PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEMS PROPOSED NEW CHARITABLE GAMBLING REGULATIONS The City Manager noted in 1986 the City Council approved the operation of two locations for charitable gambling within the City of Brooklyn Center to be operated by the Lions Club of Brooklyn Center. He stated the City Council had 9 -1 -87 -4- instructed staff to watch these two operations carefully in an attempt to develop charitable gambling regulations. He noted the proposed charitable gambling ordinance would limit locations to organizations which are based in Brooklyn Center. He noted 90% of the profits must go to charitable organizations and that only pull tabs would be allowed. He added that only one license for each organization would be approved, however, the Lions Club has been grandfathered in to allow for the continued operation of two locations. Councilmember Lhotka inquired what the penalties are for misusing the operation of a charitable gambling location. The City Manager stated the maximum penalty is set by the legislature for a misdemeanor. Councilmember Theis inquired why the City could not make violation of this particular ordinance a gross misdemeanor. The City Attorney stated the City cannot enact an ordinance which would declare penalties for gross misdemeanors. Councilmember Theis stated he was concerned with creating a monopoly by allowing the Lions Club to operate in two establishments. Mayor Nyquist inquired if the grandfather clause would govern the actual location or the number of locations allowed for the Lions Club. The City Manager stated the ordinance could govern the number of locations versus the actual location itself. He noted the proposed ordinance governs the actual location. He added in the case of the Lions Club, it may be better to govern the actual number of locations instead of the actual location itself. Mayor Nyquist recognized Bob Spies, representing the Lions Club. Mr. Spies stated he would like to thank the City Council for allowing them to continue to have two licenses and stated the Lions Club would favor the concept of two licenses rather than noting specific sites. He stated the organization will provide monthly reports to the City and added the basic concept for the Lions Club is to serve the community. He noted by allowing charitable gambling, the Lions Club has been given the opportunity to provide more to the community. He went on to briefly review the profits and expenditures generated by the charitable gambling pull ,tabs. There was a general consensus among Councilmembers to have the proposed ordinance amendments presented for a first reading on September 14, 1987. RECESS The Brooklyn Center City Council recessed at 8 :34 p.m. and reconvened at 8:53 p.m. APPOINTMENT TO CONVENTION BUREAU There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Councilmember Rich Theis to the North Metro Convention and Tourism Bureau. The motion passed unanimously. LEAGUE OF MINNESOTA CITIES POSITION PAPERS The City Manager briefly reviewed the Regional Meeting Issue Papers prepared by the League of Minnesota Cities. He went on to review each issue and the following votes were cast in support or opposition of the issues: 9 -1 -87 -5- TAX INCREMENT FINANCING There was a motion by Councilmember Hawes and seconded by Councilmember Scott to oppose any changes by the legislature which would diminish the City's authority. The motion passed unanimously. VOTING EQUIPMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to oppose legislation making current voting equipment obsolete. The motion passed unanimously. LOCAL GOVERNMENT ELECTION DAY There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to support the continuance of opposition to a local government election day. The motion passed unanimously. LAND USE LEGLISLATION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to oppose a separate Board of Adjustments. The motion passed unanimously. There was a motion b y Theis and seconded by Councilmember Scott to oppose the change in the definition of undue hardship. The motion passed with Councilmember Hawes opposed. There was a general consensus among Councilmembers that the requirement for a comprehensive plan does not affect the City of Brooklyn Center. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to oppose the prohibition of conditional zoning. The motion passed unanimously. TRANSPORTATION P RT ATION FUNDING There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to oppose metro sales tax. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to oppose the gas tax increase. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to support the MVET transfer /dedication. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to oppose the jurisdictional reassignment. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to oppose changing the 62/29/9 allocation formula. The motion passed unanimously. 9 -1 -87 -6 HOMESTEAD CREDIT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to oppose any changes to the current homestead credit program or a new homestead credit program. The motion passed unanimously. LEVY LIMIT LEGISLATION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to support the league's decision to make removal of levy limits an "A" priority. The motion passed unanimously. CITY SERVICE CHARGES FOR TAX EXEMPT PROPERTY There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to support allowing cities to be able to voluntarily impose service charges on tax exempt property. The motion passed unanimously. RELATIVE TAX BURDEN FOR CERTAIN TYPES OF PROPERTY The City Manager stated he would like to have the City Assessor work on this portion of the voting card. LOCAL OPTION TAXES There was a motion by Councilmember Hawes to support the idea of local option taxes. The motion died for lack of a second. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to oppose the league's support of local option taxes. The motion passed with Councilmember Hawes opposed. APPOINTMENTS TO ADVISORY COMMITTEES FOR THE HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY Councilmember Lhotka stated that he` would Tike to volunteer to be on the Intergovernmental Advisory Committee (IAC) for the Hennepin County Regional Railroad Authority. There was a motion by Councilmember Scott and seconded by Councilmember Theis to appoint Councilmember Lhotka to the Intergovernmental Advisory Committee for the Hennepin County Regional Railroad Authority. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint the City Manager to the Technical Advisory Committee for the Hennepin County Regional Railroad Authority. The motion passed unanimously. A discussion then ensued regarding the necessary appointments to the Corridor Advisory Committee and possible membership on this committee: There was a general consensus among Councilmembers that a notice should be put in the official newspaper requesting interested parties to contact the City for appointment to the Corridor Advisory Committee. i I i 9 -1 -87 -7- I ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:55 p.m. City Clerk Mayor 9 -1 -87 _8_