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HomeMy WebLinkAbout1986 12-22 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 DECEMBER 22, 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 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Rich Theis. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, HRA Coordinator Brad Hoffman, Fire Chief Ron Boman, and Administrative Aid Patti Page. Mayor Nyquist noted that Councilmember Hawes would be absent from this evening's meeting. INVOCATION The invocation was offered by Father Griles of St. Alphonsus Catholic 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 Lhotka requested item 9c be removed and Councilmember Theis requested item 9b be removed from the Consent Agenda. APPROVAL OF MINUTES - DECEMBER 8 1986 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the December 8, 1986 City Council meeting. The motion passed. PERFORMANCE BOND RELEASE - SHINGLE CREEK BUSINESS CENTER SITE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the performance bond release for the Shingle Creek Business Center Site at Freeway Boulevard and Shingle Creek Parkway. The motion passed. PERFORMANCE BOND RELEASE - R.C.M. PLAZA There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to release the performance bond for R.C.M. Plaza, 6701 Parkway Circle. The motion passed. 12 -22 -86 -1- PERFORMANCE BOND REDUCTION - PARKWAY PLACE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reduce the performance bond from $85,000 to $40,000 for Parkway Place, 6601 Shingle Creek Parkway. The motion passed. RESOLUTION NO. 86 -201 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) 28,000 GVW CAB AND CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following list of licenses: BOWLING ALLEY LICENSE Earle Brown Bowl 6440 James Circle CIGARETTE LICENSE Marc's Big Boy 5440 Brooklyn Boulevard Brookdale Ford 2500 County Road 10 Brooks Superette 6800 Humboldt Avenue N. Budgetel Inn 6415 James Circle Canteen Company of Minnesota 6300 Penn Avenue S. FMC 1800 Freeway Boulevard Chuck's 365 1505 69th Avenue N. M & S Drug Emporium 5900 Shingle Creek Pkwy. Earle Brown Bowl 6440 James Circle Holiday Inn 1501 Freeway Boulevard Ideal Drug 6800 Humboldt Avenue N. Jerry's Brookdale Super Valu 5801 Xerxes Avenue N. Jimmy Jingle 1304 East Lake Street Brookdale Corporate Center 6300 Shingle Creek Pkwy. Palmer Lake Plaza 6860 Shingle Creek Pkwy. Service America Corporation 7490 Central Avenue NE Dayton's Brookdale Center Graco 6820 Shingle Creek Pkwy. MTC 6845 Shingle Creek Pkwy. Snyder Brothers Drug Brookdale Center Theisen Vending Company 3804 Nicollet Avenue S. T. J. Applebee's Brookdale Center Chuck Muer's Restaurant 2101 Freeway Boulevard Ramada Hotel 2200 Freeway Boulevard T. Wright's 5800 Shingle Creek Pkwy. Thrifty Scot Motel 6445 James Circle Bill West Union 76 2000 57th Avenue N. Total Petroleum, Inc. 6830 Brooklyn Boulevard Wes' Amoco 6044 Brooklyn Boulevard Woodside Enterprises 11889 65th Avenue N. I 12 -22 -86 -2- Bakers Square 5601 Xerxes Avenue N. COURTESY BENCH LICENSE U. S. Bench Corporation 3300 Snelling Avenue FOOD ESTABLISHMENT LICENSE Hickory Farms Brookdale Center GASOLINE SERVICE STATION LICENSE Chuck's 365 1505 69th Avenue N. LODGING ESTABLISHMENT LICENSE Budgetel Inn 6415 James Circle Holiday Inn 1501 Freeway Boulevard NONPERISHABLE VENDING MACHINE LICENSE Midwest Vending Company 8850 Wentworth Avenue S. Pilgrim Cleaners 5744 Morgan Avenue N. Service America Corporation 7490 Central Avenue NE MTC 6845 Shingle Creek Pkwy. NURSING HOME LICENSE Maranatha Conservative Home 5401 69th Avenue N. OFF -SALE NONINTOXICATING LIQUOR LICENSE Brooks Superette 6804 Humboldt Avenue N. Chuck's 365 1505 69th Avenue N. Country Club Market 5715 Morgan Avenue N. Country Store 3600 63rd Avenue N. Jerry's Brookdale Super Valu 5801 Xerxes Avenue N. Super America #4058 1901 57th Avenue N. Super America #4160 6545 West River Road ON -SALE NONINTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Avenue N. Chuck Wagon Inn 5720 Morgan Avenue N. Davanni's 5937 Summit Avenue N. Denny's Restaurant 3901 Lakebreeze Avenue N. 50's Grill 5524 Brooklyn Boulevard Little Brooklyn 6219 Brooklyn Boulevard Pizza Hut 6000 Shingle Creek Pkwy. Rocky Rococo's 1267 Brookdale Center Scoreboard Pizza 6816 Humboldt Avenue N. ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE T. Wright's Restaurant 5800 Shingle Creek Pkwy. PERISHABLE VENDING MACHINE LICENSE Service America Corporation 7490 Central Avenue NE MTC 6845 Shingle Creek Pkwy. POOL & BILLIARD TABLE LICENSE 12 -22 -86 -3- Holiday Inn 1501 Freeway Boulevard PUBLIC DANCE LICENSE Earle Brown Bowl 6440 James Circle Holiday Inn 1501 Freeway Boulevard RENTAL DWELLING LICENSE Initial: Thomas Dunlap 5814 Ewing Avenue North Renewal: Randall B. Cook 5347 Brooklyn Boulevard Fred Johnson 5324 Bryant Avenue North Guy and Patricia Reuss 5824 Camden Avenue North Larry Fields 6618 Camden Drive North Ronald Nyberg 5301 Dupont Avenue North H.E. Homes, Inc. 6804 Fremont Place H.E. Homes, Inc. 6809 Fremont Place H.E. Homes, Inc. 6820 Fremont Place H.E. Homes, Inc. 6824 Fremont Place H.E. Homes, Inc. 6831 Fremont Place Walt Halberg 6835 Fremont Place Vernon Vendel 5651 Knox Avenue North Henry R. Johnson 6736 Scott Avenue North Eugene W. Hess 3218 63rd Avenue North H.E. Homes, Inc. 1323 67th Lane Walt Halberg 1326 67th Lane H.E. Homes, Inc. 1339 67th Lane Nancy and Jack Huang 5419 70th Circle Gladys Perisian 3806 72nd Avenue North SIGN HANGERS LICENSE Midway Sign Company, Inc. 444 North Prior Avenue The motion passed. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Setting Wages and Salaries for Calendar Year 1987. Councilmember Theis inquired how this recommendation compares with other area city settlements. The City Manager stated that the cities of Crystal, Maple Grove and Brooklyn Park have settled at 4 %. He noted that other cities have settled at 3.5 %. He stated that he chose 3.5% because it would be easier to add an additional 1/2% later on than it would be to take the money away. RESOLUTION NO 86 -202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1987 The motion for the adoption of the foregoing resolution was duly seconded by 12 -22 -86 _4_ member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1986 General Fund Budget. He noted that this is an annual year end budget amendment that provides supplemental budget appropriation for several departments that would otherwise exceed their budgets. Councilmember Theis noted the large difference between the general recreational programs and the adult recreational programs. He stated that he was concerned that the City may be emphasizing the adult programs more than the children programs. The City Manager stated that according to a study conducted a few years ago, the City of Brooklyn Center is quite well balanced for programs provided to all age groups. He noted that the difference comes from underestimating the revenue for these other programs in 1986. Councilmember Lhotka inquired why the Legal Counsel Budget needed an additional appropriation. The City Manager stated that this additional appropriation is due to the fact that the legal counsel handled two rather large projects this past year, those being the Lescault case and the Berge case. RESOLUTION NO. 86 -203 Member Rich Theis 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 Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Transferring Funds from the Federal Revenue Sharing Fund to the General Fund. Councilmember Lhotka stated that he had mistakenly removed this item from the Consent Agenda. RESOLUTION NO 86 -204 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Authorizing Purchase of Optech III -P Optical Scan Voting System and Supporting Equipment. He noted that originally staff had recommended purchasing one additional unit, but after further review the staff now recommends purchasing two additional units. RESOLUTION NO 86 -205 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF OPTECH III -P OPTICAL SCAN VOTING SYSTEM AND SUPPORTING EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 12 -22 -86 _5_ The City Manager presented a Resolution Approving Expenditure of Data Processing Appropriation in the 1986 General Fund Budget for a LOGIS Fire Department System. The City Manager noted that it would be possible to transfer the records off of the micro computer into the main frame if it was found that the micro computer was not working. Councilmember Scott inquired who would be loading the information into the computer. The Fire Chief stated that the Fire Department's secretary and one or two others would be handling this project. Councilmember Theis inquired why the Fire Chief had chosen the micro computer over the main frame. The Fire Chief stated that within three y ears the cost of operating p g the main frame computer would exceed the initial cost of the micro computer. RESOLUTION NO. 86 -206 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO APPROVE EXPENDITURE OF DATA PROCESSING APPROPRIATION IN THE 1986 GENERAL FUND BUDGET FOR AN AUTOMATED LOGIS FIRE INFORMATION SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. DISCUSSION ITEMS BOND ISSUE REFUNDING The City Manager stated that the City's bond consultant had notified the City that the City has two or three bond issues which would qualify for refunding. He noted that these bond issues were sold when interest rates were quite high. The Director of Finance stated that the net savings would be $300,000 to $500,000. Councilmember Theis inquired if this would be q permanent financing. The Director of Finance stated that at this point it looks as though it would be some type of permanent financing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to authorize the staff to prepare a proposal for the refinancing of certain bond issues. The motion passed. APPROVAL OF CONTRACT FOR 1986 FINANCIAL AUDIT The City Manager stated that if the agreement meets with the Council's approval the Council should, by motion, authorize the Mayor and City Manager to enter into the agreement. There was a motion by Councilmember Scott and seconded by Councilmember Theis to authorize the Mayor and City Manager to enter into an agreement with Seifert, Betts, and Company, Ltd., Certified Public Accountants. The motion passed. REVIEW OF SPECIAL USE PERMIT CONDITIONS The City Manager stated that at a previous meeting the Council had requested the City Attorney to review the special use permit conditions regarding the transf er g g of these permits to new owners. The City Attorney stated that Y y approximately 15 years ago the Legislature amended the zoning legislation which stated that a 12 -22 -86 -6- conditional use permit remains in effect until one of the conditions is violated. He stated that as long as the City treats these permits as conditional uses, and as long as the conditions of the permit are maintained, the City cannot legally set an expiration date. He added that one alternative could be a license but this would not allow the City the leverage that it now has with conditional use permits. Councilmember Scott noted that it is the property that is granted a conditional use permit not the individual. The City Attorney responded affirmatively. Councilmember Theis inquired if a condition could be placed on the permit which would distinguish the operator. The City Attorney stated that most conditions placed on these permits have pertained to the property and not the operator. Councilmember Lhotka inquired if a time period could be set on the permit to see if the proposed use works well for the property. The City Attorney stated that if the owner would agree to waive his rights and set a time period for renewal, this could be done. Councilmember Scott stated that she thought the Council had been making an informal agreement with the property owners all along for review after a certain time period. The City Attorney stated that this agreement should be in writing and not an informal verbal agreement. Councilmember Theis asked if it would be possible for the Council to change the hours on a permit if problems arise. The City Attorney stated that the permit does not allow for change in circumstances, and that the owner would have a right to the first agreement. The City Manager stated that he would like the staff and the City Attorney to have more time to review the situation further. PUBLIC HEARING - SINGLE FAMILY MORTGAGE REVENUE BONDS The HRA Coordinator stated that these bonds would be similar to the bonds which were issued for the Brookwood project. Councilmember Theis asked what the City's chances of obtaining these bonds were. The HRA Coordinator stated that there is $28 million available and only three communities applying for the funds. Councilmember Theis inquired why other cities are not applying. The HRA Coordinator stated that once a City has received an allocation it must wait three years to apply again. Mayor Nyquist opened the meeting for the purpose of a public hearing on 1986 Single Family Revenue Bond Program, 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 Theis and seconded by Councilmember Lhotka to close the public hearing on 1987 Single Family Revenue Bond Program. The motion passed. RESOLUTION NO. 86 -207 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A HOUSING BOND PROGRAM FOR THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS, AUTHORIZING SUBMISSION OF SAME TO THE MINNESOTA HOUSING FINANCE AGENCY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 12 -22 -86 -7- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86042 SUBMITTED BY LOMBARD PROPERTIES REQUESTING A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW A PERMANENT PROJECT IDENTIFICATION SIGN FOR THE EIGHT - PARCEL SHINGLE CREEK BUSINESS CENTER AT THE NORTHWEST CORNER OF SHINGLE CREEK PARKWAY AND FREEWAY BOULEVARD AND PLANNING COMMISSION APPLICATION NO. 86043 SUBMITTED BY LOMBARD PROPERTIES REQUESTING A VARIANCE FORM THE SIGN ORDINANCE TO ALLOW TWO OFF SITE DIRECTIONAL SIGNS AT THE INTERSECTIONS OF SHINGLE CREEK PARKWAY AND PARKWAY CIRCLE The City Manager noted this item was recommended for approval by the Planning Commission at its December 11, 1986 meeting. He added that the Director of Planning & Inspection would like to present both Planning Commission Application Nos. 86042 and 86043 at the same time. The Director of Planning & Inspection referred the Council to pages one through three of the December 11, 1986 Planning Commission minutes and the attached informational sheet with those minutes. He proceeded to review the application and noted that a public hearing had been scheduled on both applications. The Director of Planning & Inspection stated that the proposed freestanding identification sign would advertise the entire complex of buildings developed by Lombard Properties. He noted that it would pertain to developments not on the site where the sign would be located. Therefore, the proposed sign would, to some extent, be an off -site sign or billboard. He stated that such signs are prohibited under Section 34 -130, Subsection 11 of the sign ordinance. He added that a variance has been approved for such sites as Brookdale, Northbrook, and Palmer Lake Plaza office /industrial complex. Councilmember Lhotka inquired what the sizes were of the three signs. The Director of Planning & Inspection stated that the smallest sign would be 44 1/2 sq. ft., the next in size 82 1/2 sq. ft. and the largest being 127 1/2 sq. ft. He noted that one of the conditions of the variance could be that the development of the office buildings would have to be started before construction of the signs begins. The Director of Planning & Inspection went on to review Planning Commission Application No. 86043. He noted that this item was also recommended for approval by the Planning Commission at its December 11, 1986 meeting. He noted that Parkway Circle is not a public street and that the signs would not be on the boulevard or street right -of -way. He noted that the variances which were approved for Brookdale Ford and Cinema I, II, III, IV are similar to this application, because both these cases also involve developments that rely on other properties for access. The Director of Planning & Inspection went on to review the recommended conditions for Planning Commission Application Nos. 86042 and 86043. He noted that a public hearing had been scheduled and notices had been sent. The Director of Planning & Inspection introduced Ms. Cheryl O'Donnell of Sign Consultants who gave a brief description of the signs and the materials which would be used for the signs. Councilmember Lhotka inquired what material would be used for the three large signs. Ms. O'Donnell stated that the signs would be 12 -22 -86 -8- constructed from aluminum and would have a satin finish on them. She noted that the signs would be internally lighted on both the directional and project identification signs. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 86042 and 86043. 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 Lhotka to close the public hearing on Planning Commission Application Nos. 86042 and 86043 submitted by Lombard Properties. The motion passed. Councilmember Lhotka inquired if the Council approves 'these applications, can the types of material and sizes proposed be tied into the conditions so that they could not change in the future. The City Attorney stated that a condition could be added noting the things that had been discussed this evening. Councilmember Lhotka asked how the City can distinguish this type of sign from a billboard. The Director of Planning & Inspection stated that according to the City ordinance definition a billboard is advertising something or building off - site. He added that the hardship that Lombard Properties cited for their reason for a variance is not being permitted to identify their development complex with a sig n. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Planning Commission Application No. 86042, subject to the following conditions: 1. No other freestanding sign within the Shingle Creek Business Center complex shall have an impact plan larger than the 127.5 sq. ft. of the largest panel of the proposed project identification signs. 2. A deed restriction limiting freestanding signs within the Shingle Creek Business Center to 127.5 sq. ft. shall be executed and filed with the title to the affected properties. 3. The permit for the proposed freestanding project identification sign shall not be issued until the building permit is issued for the planned office development on the same parcel. Any resubdivision of the land parcel at the northwest corner of Shingle Creek Parkway and Freeway Boulevard or development proposal for something other than a multi -story office development shall invalidate approve of this application. 4. The freestanding project identification sign authorized by this variance shall be in lieu of any and all other freestanding identification signs permitted by the Sign Ordinance for the property on which it shall be located. 12 -22 -86 _g_ 5. The freestanding project identification sign authorized by this variance shall be the same size, same design and same materials as indicated on the submitted plan. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 86043 submitted by Lombard Properties, subject to the following conditions: 1. No freestanding identification sign for an off -site property listed on the directional signs located at the intersections of Parkway Circle and Shingle Creek Parkway may be readily visible from the public streets. 2. The applicant shall install street signs denoting Parkway Circle and Shingle Creek Parkway that are consistent with the City's street signs at the two intersections in question prior to release of the financial guarantee for Parkway Place (6601 Shingle Creek Parkway). 3. The message of the directional signs shall be clearly directional in nature and subject to the height and size requirements of the Sign Ordinance. Variance approval pertains to location only. 4. The off -site directional signs authorized by. this variance shall be the same size, same design and same materials as indicated on the submitted plan. The motion passed. RECESS The Brooklyn Center City Council recessed at 8 :28 p.m. and reconvened at 8:31 p.m. PLANNING COMMISSION APPLICATION NO. 86044 SUBMITTED BY ED TROMBLEY REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE INTO TWO BUILDABLE LOTS THE LAND AT THE SOUTHEAST CORNER OF 61ST AND COLFAX AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its December 11, 1986 meeting. The Director of Planning & Inspection briefly reviewed the application and the placement of the present home on proposed Lot 1. Councilmember Lhotka returned to the table at 8 :34 p.m. The Director of Planning & Inspection noted that the Planning Commission had recommended approval of Application No. 86044, subject to five conditions which he briefly reviewed for the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning 12 -22 -86 -10- Commission Application No. 86044. 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 Scott and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 86044. The motion passed. The City Attorney stated that a condition should be added which would state that the abstract is subject to review by the City Attorney prior to final plat approval. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 86044 submitted by Ed Trombley, 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 existing wood shed on the proposed Lot 1 shall be relocated outside of the proposed drainage and utility easement along the easterly 5' of the property prior to release of the final plat for filing at the County. 4. The applicant shall enter into a standard utility hookup agreement prior to final plat approval. 5... No building permit shall be issued for a structure on the proposed Lot 2 until the proposed plat has received final approval and been filed at the County. 6. The abstract is subject to review by the City Attorney prior to final plat approval. The motion passed CONSIDERATION OF SPECIFIED LICENSE - ON -SALE CLUB LICENSE - DUOOS BROTHERS AMERICAN LEGION The City Manager presented the next agenda item and stated that representatives from the Legion are available as well as the Legion's legal counsel. He noted that the Council had received a copy of the investigation report for this license. Councilmember Lhotka inquired if new rules or regulations had been set by the bar committee at this time. Mr. Gary Flakne, attorney for the Duoos Brothers American Legion Club stated that no firm rules had been set at this time. Councilmember Scott inquired how the Club plans to start implementing rules that have not yet been set up. Mr. Flakne stated that some basic rules had been outlined in a letter which was addressed to the City Manager and the Chief of Police. Councilmember Lhotka noted that there appears to be some confusion among the people interviewed regarding the hours of operation for the 12 -22 -86 -11- Club. Mr. Flakne stated that the new hours will begin when the new license period begins. He noted that the hours will be somewhat flexible in order to accommodate special occasions. Mayor Nyquist stated that it appears that nothing has actually been accomplished, only statements of what will be done when the new license begins. He stated that he could not vote in favor of the license based on the information presented this evening. He added that if the only reason the Legion Club exists is for the sale of liquor, then it does no Center. q � t belong in Brooklyn Mr. Flakne stated that he feels the Legion Club has come a long way in the past eight to ten weeks and has accomplished a number of things. Councilmember Scott stated that no one doubts the Club's willingness and good intentions, but she is not sure that the willingness or good intentions of the club members will accomplish the change which is necessary. She stated that she would like to see written rules, regulations and positive actions being taken to achieve this change. Mr. Flakne stated that the new rules which were discussed with the Club could be implemented this evening if it were the Council's wish. Mr. Flakne then introduced Mr. Marlin Ronnei, the District Commander for the seven county area. Mr. Ronnei stated that he is a member of the Osseo American Legion Club as well as being the District Commander for the seven county area. He stated that he is more than willing to give assistance to any American Legion Club. He stated that he feels the Duoos Brothers Post has taken a number of steps which will be beneficial to both the Post and the City. Mayor Nyquist inquired if it would be possible to issue a license to the Duoos Brothers Post with the Osseo Post being responsible for overseeing the actions of the Duoos Brothers Post. Mr. Ronnei stated that he would not be comfortable having another Post involved with the liquor license. He added that he would be more than happy to stay involved with this problem and give the Post guidance wherever it is needed. Councilmember Scott inquired if the Osseo Post has written rules and regulations. Mr. Ronnei responded affirmatively. Councilmember Scott stated that she had some questions regarding the "guest" rule. Mr. Ronnei stated that the definition of guest is quite large and that according to American Legion Club by -laws you do not have to be a guest of a member in order to enter the Club. He stated that a person must only sign the guest book in order to be admitted into the Club. Councilmember Scott stated that she would like to see a copy of the written rules and regulations. Councilmember Lhotka inquired of the City Attorney if the Council must issue the license for a one year period. The City Attorney stated that this license is under revocation at the present time, and that the new license can start whenever the Council so desires. Councilmember Lhotka inquired if the Council could approve the license for a three or six month period and then have a review of the license. The City Attorney stated that he did not feel this would be a good course of action for the Council to take. He stated that there are basically three directions in which the Council could go. The first being, the Council could not issue the license at all, and then a resolution would have to be approved setting forth the shortcomings of the Post. The second, would be to table this item to the next meeting allowing the .applicant time to put in 12 -22 -86 -12- writing the things they intend to accomplish. The third course of action would be to table this item indefinitely and allow the applicant time to put in writing the things they intend to accomplish. Councilmember Scott stated that she feels the Post has taken a few good steps, but they have not gone far enough. She stated that she would not be able to vote in favor of approving the license this evening. Councilmember Lhotka stated that the letter written by Mr. Flakne is very general and that he believes the Council is looking for specifics. Mr. Flakne stated that it would not be that difficult to set the rules down in black and white and implement them immediately. He further stated that he did not realize the Council and staff wanted specifics, or that would have been done from the beginning. Mayor Nyquist stated that since the Council and staff is aware of all the past problems with the. Legion Club the City would be linked in a lawsuit, if an accident occurred after the City Council approved the liquor license. Mr. Flakne stated that if the Council tables the license until the January 12, 1987 Council meeting this would result in an 18 day penalty which would cause great financial difficulties for the Post. The City Manager stated that if Mr. Flakney would submit a written set of rules and regulations as soon as possible to him, he would forward the copies to the Council for their comment. He noted that by doing this there should be no lack of communication at the January 12 meeting. Mayor Nyquist recognized Mr. Perry Ronnei, Post Commander for the Duoos Brothers Post. He stated that 18 days would create quite a hardship on the Legion Club and that he was not sure what type of rules the Council was looking for. He added that every Legion Club has a standard set of rules. Councilmember Scott inquired if these standard rules were in writing. Mr. Ronnei responded affirmatively. Councilmember Lhotka inquired if these rules were posted where everyone could see them. He inquired how these rules are communicated to the membership. Mr. Flakne stated that the current rules are posted and that he felt the police were satisfied with these rules. He stated that he did not know the rules were an issue and if he had he would have brought the rules this evening. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table this license in order to allow the Post time to supply more information to the City Manager and Council for their review before the January 12, 1987 City Council meeting. The motion passed. Councilmember Theis stated that he would also like to see a copy of the Osseo Post rules. Mayor Nyquist stated that he would like to see Mr. Ronnei from the Osseo Post continue to monitor the Duoos Brother Post progress. Mr. Flakne stated that at this time he would like to turn over to the Clerk a petition from residents and letters from businesses urging the approval of this license. DISCUSSION ITEM REQUEST TO TABLE FURTHER CONSIDERATION OF THE ADOPTION OF A TRANSITION METHOD OF CITY TERMS UNTIL JANUARY 26 1987 MEETING 12 -22 -86 -13- The City Manager stated that the staff and the City Attorney's office has not had sufficient time to review this item, and is requesting the Council to table further consideration until the January 26, 1987 meeting. There was a motion by Councilmember Scott and seconded by Councilmember Theis to remove from the table and retable any further consideration of the adoption of a transition method of City Council terms until the January 26, 1987 City Council meeting. The motion passed. SOLID WASTE RECYCLING CENTER The City Manager noted that Hennepin County has adopted an ordinance requiring each community to reduce the amount of solid waste generated within its respective boundaries by 16% by the year 1990. He stated that it is proposed that the three communities -- Brooklyn Center, Brooklyn Park, and Crystal - -enter into a contractual agreement with Goodwill Industries to operate a recycling center. He noted that this could be done under the Joint Powers Sanitation Agreement between Brooklyn_ Center, Brooklyn Park, and Crystal. Councilmember Scott inquired how the public would be notified of this. She inquired if it would be the City or the County's responsibility. The HRA Coordinator stated that it would be the responsibility of the City and Goodwill Industries to notify the residents. He stated that this would be accomplished by articles in the City's newsletter, the Brooklyn Center Post, and the cable network. He noted that this would be a drop off site in Brooklyn Park near the new Menard site. The City Manager added that depending on the success of this project more sites may have to be added. He stated that this will become a massive education process and that Goodwill Industries has the experience to make the program run smoothly. Councilmember Theis inquired how many people will actually go to Brooklyn Park to separate their recycables. The HRA Coordinator stated that it would only be a small dedicated group that would begin this process. The HRA Coordinator stated that in order for the City to receive reimbursement for the startup costs it is necessary for the City to make an expenditure by January 1, 1987. RESOLUTION NO. 86 -208 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET AND AUTHORIZING A JOINT POWERS CONTRACT WITH GOODWILL INDUSTRIES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. The motion passed. The Brooklyn enter City ity Council adjourned at 9:55 p.m. City Clerk Mayor 12 -22 -86 -14-