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HomeMy WebLinkAbout1988 05-23 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 MAY 23, 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 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers 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, Liquor Stores Manager Jerry 01 on, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Nyquist noted Councilmember Gene Lhotka would be absent from this evening's meeting. INVOCATION Y The invocation was offered by Councilmember Hawes. 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. Councilmember Hawes requested items 9p and 9q be removed from the consent agenda. MINNESOTA WATER SKI ASSOCIATION Mayor Nyquist recognized Mr. Hank Longo of the Minnesota Water Ski Association. Mr. Longo stated he would like to thank the Council for allowing the water ski club to practice on Upper Twin Lake. He noted in 1987 the club was ranked 10th in the nation. APPROVAL OF MINUTES - APRIL 25. 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the April 25, 1988, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -69 Member Celia Scott introduced the following resolution and moved its adoption: 5/23/88 -1- RESOLUTION ESTABLISHING 1988 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1988- 15, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1988 -J) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -70 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 05/23/88) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -71 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDING TO THE MINNESOTA DEPARTMENT OF PUBLIC SERVICE, ENERGY DIVISION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -72 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION IN SUPPORT OF CORRECTING THE REQUIREMENT OF TAXATION OF STATE AND LOCAL GOVERNMENT EMPLOYEE BENEFITS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -73 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -74 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -75 Member Celia Scott introduced the following resolution and moved its adoption: 5/23/88 -2- RESOLUTION ACKNOWLEDGING GIFT FROM THE FAMILY OF JODY MARK GOTTSMAN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -76 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE SCALE FLYERS OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -77 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER ROTARY CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -78 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING PROCEEDS OF T.H. 252 RIGHT -OF -WAY CONDEMNATION AWARD TO THE CAPITAL PROJECTS FUND 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: AMUSEMENT DEVICE - VENDOR B & K Music & Sales 133 Spring Valley Circle Carousel International Corp. P. 0. Box 307 FOOD ESTABLISHMENT Brooklyn Center Babe Ruth Evergreen Park Brooklyn Center Babe Ruth Grandview Park J. C. Penney 1265 Brookdale Center ITINERANT FOOD ESTABLISHMENT Blue Bell Ice Cream, Inc. Earle Brown Days Parade Brooklyn Center Fire Department Central Park Brooklyn Center Lioness Central Park Brooklyn Center Parks & Rec. Dept. Earle Brown Days Parade Brooklyn Center Parks & Rec. Dept. Central Park Brooklyn Swim Club Community Center Earle Brown Days, Inc. Earle Brown Days Parade Betsy Medley Earle Brown Days Parade 5123/88 -3- i Northern Concessions, Inc. Earle Brown Days Parade Tami Schons & Pam Cooremann Earle Brown Days Parade MECHANICAL SYSTEMS Wencl Service Company 3702 East Lake Street RENTAL DWELLINGS Initial: Dennis J. Bona 5207 Xerxes Ave. N. Renewal: Bennie Rozman Brookdale Ten Apartments Brookdale Towers 6915, 25 Humboldt Ave. N. Brookwood Estates 6201 North Lilac Drive Brookwood Manor 6125 North Lilac Drive Earle Brown Farm Apts. 1701, 03, 05, 07 69th Ave. N. Victoria Townhouses 6740 -6861 Grimes Place Pat & Hal Gensler 5214 Greatview Avenue North Thomas Dunlap /Kristie Sward 5814 Ewing Avenue North Gregory Collins 1600 Irving Lane Dale & Rose Ketelboeter 4207 Lakeside Ave. N. #338 Timothy and Wendy Romashko 3300 64th Ave. N. Diane and Eugene Wright 4408 69th Ave. N. SIGN HANGER Cragg, Inc. 7150 Madison Ave. W. Nordquist Sign Company, Inc. 312 West Lake Street SWIMMING POOL Holiday Inn 2200 Freeway Boulevard The motion passed unanimously. APPROVAL OF MINUTES-- MAY 2 1988 - BOARD OF EQUALIZATION There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the minutes of the May 2, 1988, Board of Equalization meeting. The motion passed. Councilmember Hawes abstained from the vote. APPROVAL OF MINUTES - MAY 9 1988 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the May 9, 1988, City Council meeting. The motion passed. Councilmember Theis abstained from the vote. MAYORAL APPOINTMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Sarah Robinson Pollock to the Park and Recreation Commission. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Don Peterson. 5/23/88 -4- RESOLUTION NO. 88 -79 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DON PETERSON 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 Expressing Recognition of and Appreciation for the Dedicated Public Service of Carl Manson. RESOLUTION NO 88 -80, Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF CARL MANSON 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 Purchase of Replacement Electronic Cash Registers for the Municipal Liquor Stores. Councilmember Scott inquired if the cash registers would be connected to City Hall. The Finance Director stated there would be a connection and information could be downloaded from City Hall directly to each store. Councilmember Theis stated this was a large amount of money and inquired if any other machines had been looked at. The Finance Director stated the City is rather tied down to the system that is currently being used and it does not leave many choices for other machines. Councilmember Theis inquired if there were other alternatives to purchasing brand new machines. The Finance Director stated the City could keep the old registers, but they would all need a major overhaul. He noted if the old registers were kept, there would be no scanning capability or direct connection to City Hall. He noted another alternative would be to go back to the manual cash registers. He added with this type of machine there would be no point of sale information, more errors would be made, and there would be no internal control. Councilmember Hawes inquired if the City is possibly becoming too closely tied to LOGIS. The Finance Director stated he did not feel the City is becoming too closely tied to LOGIS, and the City could not possibly handle all this on its own. Councilmember Hawes inquired how long the new machines would be in service. The Finance Director stated the new machines would last approximately ten years. RESOLUTION NO. 88 -81 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF REPLACEMENT ELECTRONIC CASH REGISTERS FOR THE MUNICIPAL LIQUOR STORES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 5/23/88 -5- F i The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement for Risk Management Consulting Services. The Finance Director noted American Risk Services, Inc. is the consulting firm which did a risk management audit for the City in 1987. He noted that although the oral presentation given to the Council in 1987 was not very well received, the company did an excellent job of preparing a written report. He noted the City has benefited greatly from this report and it has been used for day -to -day questions. He stated originally a contract had been written for $800 a month for consulting services, but after reviewing the time and information collected for the audit American Risk Services, Inc. has reduced the contract amount to $400 a month. He noted in 1989 a price would have to be negotiated. Councilmember Theis* inquired what the consultant would be doing on a monthly basis. The Finance Director stated he believed the consultant would spend approximately four hours a month doing such things as reviewing the renewed policies, reviewing contracts with outside parties to assure all risks have been transferred to the contractor, periodically reviewing City facilities, and possibly acting as a member of the safety committee. Councilmember Theis inquired if the company representative has the background and knowledge for Looking at physical facilities and telling the staff what needs to be done. The Finance Director responded affirmatively but noted the company representative would not have the ability to give the staff appraisals of the buildings. Councilmember Theis stated he is not sure the representative is worth the $400 a month now or in the future. The Finance Director noted the City has been assigned a representative, but the City can work with anyone within American Risk Services, Inc. He added the audit has been very beneficial so far, and he is confident the City will recover the $400 a month on premium savings. RESOLUTION NO. 88 -82 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR RISK MANAGEMENT CONSULTING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Theis opposed. The City Manager presented a Resolution Opposing the Relocation of Hennepin County Jury Trials from Suburban Divisions to the Hennepin County Government Center. He briefly reviewed the memorandum submitted by the Chief of Police and noted the relocation of jury trials to the downtown government center would be very detrimental to the City's police force. He added there would be an increased cost to the City for time spent by the police officers waiting around. Councilmember Scott stated she was very much in favor of this resolution and added she feels Hennepin County is already overly compensated. RESOLUTION NO. 88 -83 4 Member Rich Theis introduced the following resolution and moved its adoption: i RESOLUTION OPPOSING THE RELOCATION OF HENNEPIN COUNTY JURY TRIALS FROM SUBURBAN DIVISIONS TO THE HENNEPIN COUNTY GOVERNMENT CENTER 5/23/88 -6- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 88 -84 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AFFIRMING THE DECISION OF THE DIRECTOR OF PLANNING AND INSPECTION WITH RESPECT TO THE APPEAL OF LAPEPINIER MONTESSORI ACADEMY; PLANNING COMMISSION APPLICATION NO. 88003 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed with Councilmember Hawes opposed. 'i The City Manager presented a Resolution Approving Addendum No. 2 to Contract 1988 -H to Provide for Deleting the Trail along T.H. 100. Councilmember Hawes inquired where the proposed trail would be. The City Manager noted it would be along the fence on state right of way property from Warner Hardware to the golf course. The Director of Public Works noted the fence would be moved closer to T.H. 100, and the trail would be between the fence and the residential area. Councilmember Theis stated he does not understand what staff is asking for in this resolution. The Director of Public Works briefly explained the project and noted in initial discussions with MNDOT they stated there would be no problem in getting a permit to use this right of way land. He stated once the application had been submitted MNDOT notified the City that they have controlled access and it may be impossible for them to get a permit to use this land. He noted the City appealed this determination, and MNDOT is currently working on getting a permit to use the land. He noted this addendum reserves the City's right to delete the trailway from the project. RESOLUTION NO. 88 -85 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADDENDUM NO. 2 TO CONTRACT 1988 -H TO PROVIDE FOR DELETING THE TRAIL ALONG T.H. 100 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 Amending the 1988 General Fund Budget. He stated an extension ladder and an air rescue bag have been damaged, and the cost to repair both of these items would exceed the cost of purchasing new equipment. RESOLUTION NO. 88 -86 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 5/23/88 -7- f a -- r ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Restaurant Space Allowed in Shopping Centers. He noted this item was first read on April 25, 1988, published in the City's official newspaper on May 5, 1988, and is offered this evening for a second reading. He added this amendment would increase the square footage allowed in shopping centers or restaurants without requiring additional parking places. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Restaurant Space Allowed in Shopping Centers and inquired if there was anyone present who wished to speak. There being none, 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. The motion passed unanimously. ORDINANCE NO. 88 -08 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING RESTAURANT SPACE ALLOWED IN SHOPPING CENTERS 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 Section 11 -106 of the Brooklyn Center Code of Ordinances, Authorizing the Sale of Beer with an Alcohol Content in Excess of 3.2% to Holders of Both Wine and Beer Licenses, and An Ordinance Amending Section 11 -602, Subdivision 2a of the Brooklyn Center Code of Ordinances, to Change the Percent of Revenue Derived from the Serving of Food for On -sale Wine Licenses. He noted both these amendments are necessary because of changes in the State Statutes. Councilmember Hawes noted in the second ordinance amendment there is a phrase pertaining to consumption on premises and inquired if that phrase should not be included in all liquor ordinances. The City Manager stated he would have staff look into it before the second reading of the ordinance. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Section 11 -106 of the Brooklyn Center Code of Ordinances, Authorizing the Sale of Beer with an Alcohol Content in Excess of 3.2% to Holders of both Wine and Beer Licenses and setting a public hearing date for June 13, 1988, at 7:30 p.m. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Section 11 -602, Subdivision 2a of the Brooklyn Center Code of Ordinances, to Change the Percent of Revenue Derived from the Serving of Food for On -sale Wine Licenses and setting a public hearing date for June 13, 1988, at 7 :30 p.m. The motion passed unanimously. TEMPORARY ON LIQUOR LICENSE FOR ST ALPHONSUS FUN FAIR There was a motion by Councilmember Theis and seconded by Councilmember Scott to 5/'23/88 -8- approve a temporary on -sale intoxicating liquor license for St. Alphonsus Fun Fair. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:43 p.m. City Clerk Mayor Pro tem 5/23/88 -9-