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HomeMy WebLinkAbout1986 11-10 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 NOVEMBER 10, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:07 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 Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, Fire Chief Ron Boman, City Attorney Richard Schieffer, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. 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 continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. No requests were made. RESOLUTIONS RESOLUTION NO. 86 -182 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRIVATE SALE OF ONE ,PARCEL OF LAND ON APPRAISAL LIST "553- A „ The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -183 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR ONE (1) FIRE ENGINE /PUMPER The motion for the adoption of the foregoing resolution was duly- seconded by member Bill Hawes, and the motion passed unanimously. 11 -10 -86 -1- RESOLUTION NO. 86 -184 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -185 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PURCHASE OF A REPLACEMENT TRUCK AND AMENDING THE 1986 GENERAL FUND BUDGET 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: CHRISTMAS TREE SALES LOT Midwest Challenge 50's Grill P.Q.T. Company 4007 58th Avenue North FOOD ESTABLISHMENT LICENSE Perkins Restaurant 5915 John Martin Dr. GARBAGE AND REFUSE HAULERS LICENSE Block Sanitation 6741 79th Avenue North ITINERANT FOOD ESTABLISHMENT LICENSE Garden City School 3501 65th Avenue North MECHANICAL SYSTEMS LICENSE Air One Mechanical Company 6317 Welcome Avenue N. TAXI CAB LICENSE Yellow Suburban 3555 5th Avenue S. The motion passed unanimously. APPROVAL OF MINUTES - OCTOBER 27 1986 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of October 27, 1986 as submitted. The motion passed unanimously. APPROVAL OF MINUTES - NOVEMBER 4 - SPECIAL SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the City Council meeting of November -4, 1986 as submitted. The motion passed unanimously. 11 -10 -86 -2- MAYORAL APPOINTMENT - RIVER RIDGE PARK /COMPREHENSIVE PLAN AD HOC COMMITTEE There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to appoint Bud Sorenson, Dawn Kiefer, Wallace Bernards, Mary Simmons, and George Lucht to the River Ridge Park /Comprehensive Plan Ad Hoc Committee. The motion passed unanimously. PROCLAMATION Councilmember Bill Hawes introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING NOVEMBER 18, 1986 AS MAYORS' D -DAY IN THE WAR ON DRUGS The motion for the adoption of the foregoing proclamation was duly seconded by member Gene Lhotka, and the motion passed unanimously. RISK MANAGEMENT AUDIT PROPOSALS The City Manager presented the next agenda item and stated that the Director of Finance has recommended that the Council accept the proposal for only a Risk Management Audit. He noted that a decision on the other services could be made after staff has reviewed the audit. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to accept the proposal of American Risk Services, Inc. to provide a Risk Management Audit at a cost of $9,300 to be paid from the Unallocated Departmental Expenses Insurance Appropriation. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Requesting the Minnesota Department of Natural Resources to Control the Wild Goose Population in Central Park. The City Manager stated that staff has contacted the D.N.R. for some help in controlling the wild goose population. He noted that the D.N.R. has stated that they would catch the juvenile geese before they were able to fly and take these geese to a less populated area. He noted that this program would take two to three years before a reduction would be seen. RESOLUTION NO 86 -186 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES TO CONTROL THE WILD GOOSE POPULATION IN CENTRAL PARK 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 Authorizing the Brooklyn Center Volunteer Fire Department to Use a Certain House in the City of Brooklyn Center for Training Purposes. He stated that the surrounding neighborhood would be notified in advance of the fire department's training. RESOLUTION NO. 86 -187 Member Bill Hawes introduced the following resolution and moved its adoption: 11 -10 -86 _3_ RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE A CERTAIN HOUSE IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1986 General Fund Budget and Amending Resolution No. 86 -180 Regarding Repair of the Heating System at the City Garage. He briefly reviewed the memorandum which had been prepared for this item. RESOLUTION NO 86 -188 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET AND AMENDING RESOLUTION NO. 86- 180 REGARDING REPAIR OF THE HEATING SYSTEM AT THE CITY MAINTENANCE GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 86039 SUBMITTED BY FRED A. REED REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE LAND AT THE SOUTHWEST CORNER OF 55TH AVENUE NORTH AND LYNDALE AVENUE NORTH (5451 LYNDALE AVENUE NORTH) The City Manager noted the Planning Commission recommended approval of this item at its October 30, 1986 meeting. The Director of Planning & Inspection referred the Council to pages one and two of the October 30, 1986 Planning Commission minutes and the informational sheet attached with those minutes. He stated that a new single family lot would be created by this subdivision. He P roceeded to review the application, and noted that the Planning Commission recommended approval of Application No. 86039 subject to five conditions which can be found on page two of the October 30, 1986 Planning Commission minutes. He added that an additional condition should be added regarding a drainage and utility setback requirement for Lot 2. The Director of Planning & Inspection stated that a public hearing is scheduled, notices have been sent, and a representative of the applicant is present at this evening's meeting. Mayor Nyquist inquired how close the garage would be to the new lot line. The Director of Planning & Inspection stated that the garage would be three feet from the new lot line, but that three feet is a required setback for a garage. Councilmember Hawes inquired if the applicant has agreed with the recommended utility easements. The Director of Planning & Inspection responded affirmatively. Councilmember Theis noted that the shape of the lot would be quite irregular, and inquired if all the setbacks could be met with this irregular size. The Director r of Planning & Inspection stated that the shape of the lot does rule out some designs, but that a single family home could be placed on the lot and still meet all the setback requirements. He added that there may be surplus property from the highway department, that could be purchased which could change the setback requirement on the west side. Councilmember Hawes inquired if this decision would have any bearing on River 11 -10 -86 -4- Ridge Park. The Director of Planning & Inspection stated that the issue being looked at by the ad hoc committee would be confined to the east side of Lyndale Avenue. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86039 submitted by Fred A. Reed requesting preliminary plat approval to subdivide into two lots the land at the southwest corner of 55th Avenue North and Lyndale Avenue North (5451 Lyndale Avenue North). Mayor Nyquist inquired if there was anyone present in the audience 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 Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 86039 submitted by Fred A. Reed. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 86039 submitted by Fred A. Reed requesting preliminary plat approval to subdivide into two lots the land at the southwest corner of 55th Avenue North and Lyndale Avenue North (5451 Lyndale Avenue North), subject to the following conditions: 1. The -final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The plat shall receive final approval and be filed at the County prior to the issuance of building permits. 4. The applicant shall enter into a utility hookup agreement for water and sanitary sewer service prior to release of the final plat for filing. 5. Water and sewer service to Lot 1 of the proposed plat shall be provided by a private utility extension from Lyndale Avenue North. A 10' wide utility easement shall be dedicated along the north side of the proposed Lot 2. 6. A 10' wide drainage and utility easement shall be provided along the south lot line of proposed Lot 2. The motion passed unanimously. FINAL PLAT APPROVAL - FRED A. REED ADDITION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the final plat for the Fred A. Reed addition. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 23 Regarding Liquor 11 -10 -86 -5- License Fees. He stated this item would delete all references to liquor license fees from Chapter 23. He noted this item was first read on October 13, 1986, published in the City's official newspaper on October 23, 1986, and is offered this evening for a second reading. He added that there is also a resolution following this ordinance which would establish a schedule for liquor license fees. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 Regarding Liquor License Fees. He 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 Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 23 Regarding Liquor License Fees. The motion passed unanimously. ORDINANCE NO. 86 -15 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 REGARDING LIQUOR LICENSE FEES The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 86 -189 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A SCHEDULE FOR LIQUOR LICENSE FEES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. DISCUSSION ITEMS RECOMMENDATION FROM PARK & RECREATION COMMISSION TO FLOOD SKATING RINK AT FREEWAY PARK The City Manager stated that approximately five years ago a number of skating rinks had been closed because of lack of use. He noted that last year the situation had been re- evaluated and the Council had reopened two parks for a two year trial period. He noted these parks were Riverdale and Lions Park. Mayor Nyquist inquired how much use Riverdale and Lions Park had received last season. The City Manager stated that Lions Park had been used quite often but that Riverdale was questionable. He stated that he would prefer to wait until Highway 252 opens to make a decision on Riverdale Park. The City Manager referred the Council to the petition which had been prepared by residents around Freeway Park. Councilmember Theis stated that he has noticed an increase in the amount of children in that area. The City Manager stated that this park would be an unsupervised skating rink and that the lights would be on a timer. Mayor Nyquist inquired regarding the liability the City would be open for because of the unsupervised skating rink. The City Manager stated that most of the skating rinks are unsupervised during 11 -10 -86 -6- the day time hours, and that this rink would incur no more liability than those rinks do. He noted that this park would not have hockey facilities and for that reason there would not be as much maintenance. There was a motion by Councilmember Scott and seconded by Councilmember Theis to concur with the recommendation from the Park & Recreation Commission and to flood the skating rink at Freeway Park. The motion passed unanimously. AGREEMENT FOR THE DISPOSITION OF THE DUOOS BROTHERS AMERICAN LEGION POST NO. 630 LIQUOR LICENSE CASE The City Manager briefly reviewed the agreement which had been negotiated with the American Legion Post. Mayor Nyquist stated that he did not understand why the City would want to revoke their license and then encourage reapplication for a 1987 license. The City Attorney stated that it is very important for the revocation to occur because it would give the Council more leverage for the next license. He stated that if the American Legion Post intends to apply for a new license, they would have to remove certain people from their management scheme in order for the police department to approve the license. He added that the revocation allows the staff and Council to have more input on the new management. He noted that the main focus and source of the problem is the current management staff. Councilmember Lhotka inquired if the Police Department would continue to make investigations whenever a change was made in the management staff. The City Manager responded affirmatively. Councilmember Lhotka stated that there appeared to be a lack of concern on the American Legion Post's part since they were not present at the meeting this evening. The City Attorney stated that it had been agreed that the Legion Post would not be present this evening to create a demonstration. Councilmember Scott stated that she was greatly concerned with the short amount of time that the Legion Post could actually be closed. She noted that it would be possible for the Post to be selling by January 1. The City Attorney stated that even if the Council did approve a 1987 license for the Legion Post, they could set a beginning date other than the first of January. Mayor Nyquist inquired why the City would want to wait until December 25 to revoke the license if the violations were that clear. The City Attorney stated that the periods starting December 25 would most likely be the busiest time of the year for the Post and affect them most. He added that the Council did not have to approve this agreement and that the date could be changed. Councilmember Scott stated that she did not want to have any additional money or time spent on investigation to speed up the process for the 1987 license. The City Manager stated that City staff always requests 30 days in which to do an investigation of this type, and that the Police Department would not neglect other duties to finish this investigation early. Councilmember Lhotka stated that he felt it was important that the Legion Post understand the Council's position and the severity of the violation. Councilmember Theis inquired if there would be anyway the City could be assured that the old management would not be operating the establishment under the guise of a new management. The City Attorney stated that if the Legion Club does 11 -10 -86 -7- submit a 1987 application it must be treated as a totally new license. He stated that the Council would have to be tough and deny the license if the Council were unhappy with the management staff. He added that the club has a history of having a management staff who has taken over simply because no one else wants it. The City Manager stated that there are also some very good people who are members of the Club and hopefully they will step forward and take over the management. Councilmember Scott stated that she would not be happy if, after being given another chance, the Legion Club has violation problems again. Councilmember Theis stated there would be one way to solve that problem and that would be to not renew the license. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the agreement for the disposition of the Duoos Brothers American Legion Post No. 630 liquor license case. The motion passed unanimously. 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 8:04 p.m. City Clerk Mayor 11 -10 -86 -8-