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HomeMy WebLinkAbout1982 10-25 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL- OF THE :CITY -OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR -SESSION OCTOBER 25, 1982 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 :02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that`Councilmember Scott was ill and would not be attending the meeting. INVOCATION The invocation was offered by Pastor Arends -of the Brook ;Park Baptist Church. OPEN FORUM o t r c v requests to use the O a r Nyquist stated d received se era en Forum M Y Yq s e __e ha. e ei 1 P session this evening. Mayor -N Nyquist read the following list of names and addresses g Yq g of individuals who wish to address the Council at the Open Forum session on the topic of the Police Department reorganization: Tom Saba, 3219 Thurber Road; Greg - Weeks.and Ray Beach, Sergeants in the Brooklyn Center Police Department; Kenneth H. Miller, 10800 Lyndale Avenue South; Dale Barsness, - 6719 Aldrich Avenue North; Mary Stebbins and Jim Stebbins, 5842 Washburn Avenue North; Ed Commers, 6206 Kyle Avenue North; and Robert Becker, 6933 Fremont. Mayor Nyquist recognized Mr. Dale Barsness who stated that he would like to address the issue of the proposed reduction in rank of the sergeants. Mr. Barsness stated that he is disappointed with this proposal and that he is concerned for the morale of the department. He added that there would be no chance for advancement in the police department if this reorganization is undertaken and also expressed a concern for civil liability because of this action. The next speaker at the Open Forum was Sgt. Ray Beach who stated he was at the meeting to ask the Council to reconsider the reorganization. He added that the sergeants will work hard to retain their rank and that they believe their actions . have the support of the citizens of Brooklyn Center. Mayor Nyquist next recognized Mr. Kenneth Miller who stated that he was at the meeting on behalf of Law Enforcement Labor Services, and he expressed a concern about the reorganization. He stated he believes the salary issue will go to arbitration and indicated that he believes the duties of the corporals and sergeants are almost identical. 10 -25 -82 -1- Mayor Nyquist next recognized Mr. Tom Saba who stated that he has been a Brooklyn.Center resident for 16 years and has been happy with the City services during that time. He stated he is satisfied with the police, fire, and park services provided by the City, and that he is extremely happy with the snow plowing. 'die added that he has worked as a police officer for 16 years and stated that any organization needs proper supervision to direct, command, and supervise. He explained that supervisors are called on to respond to citizens questions on citations and other issues, to supervise shift changes and to check the work of subordinates. He added that this supervision must be conducted 24 hours a day. He pointed out that the City of Plymouth's reorganization of the police department, sergeants moved up to command position. He explained it is difficult to function as a supervisor when you are one of the men.' He indicated the nature of the job separates the supervisor from the men to give the super- visor the authority to function. He pointed out he believes that when the ` supervisor becomes one of the men, it becomes difficult to supervise. Mayor Nyquist next recognized Ms. Mary Stebbins who stated that the issue before the Council this evening was the first issue that she felt was important enough for her to come to a City Council meeting. She stated she does not believe any money will be saved by the reorganization, and that morale will be har.med. She added that she believes there would be no incentive for young police officers to join the department if the reorganization were undertaken, and on behalf of the residents of Brooklyn Center she asked the City Council to reconsider the reorganization. Mayor Nyquist then recognized Sgt. Greg Weeks who addressed the Council and asked them to reconsider the reorganization. He stated he believes the seniority .issue and pay differential issue will end up in court. He added that, on October 13 of this year, at a meeting with the City, no interest was shown by the ser- geants or patrol officers in applying for the corporal positions. He pointed out that at an October 15, 1982 meeting he was told ghat, if Officer Dahlberg did not choose to retire in the next year, one police officer would be laid off in 1984. Sgt. Weeks stated that the 'Chief of Police is able to surround himself with high paid administrative staff, and suggested that the duties of the administrative assistant in the police department be given to the two police captains. He added that he believes the reorganization has hurt the morale of the department and that it will take a long time to heal. Mayor Nyquist inquired if there was anyone else present who wished to address the Council at the Open Forum session. Mayor Nyquist recognized Mr. Thomas O'Hehir, former Chief of Police of the City of Brooklyn Center, who stated that the reorganization would take the sergeants down to the rank of corporal and add captains, andas a tax payer he believes it does not add up. He stated he believes the City should keep the men they have. Mayor Nyquist recognized Mr. Larry Goga who addressed the Council and stated that he believes t t' incorrect d that other alternatives--- ie es he reor reorganization decision is inco r an ha 9 should be looked at. He added that the trust has been lost in promotions. Mayor Nyquist recognized the next speaker, who identified himself as Mr. Robert Becker, and stated that he believes the City should leave the sergeants as they are, get.more patrol on the street and get rid of the administrative assistants. 10 -2 5 -82 -2- The next speaker recognized was Mr. Jim Stebbins who stated he endorses his wife's comments 100% and added that he believes morale in a police department is very_ important, and that if the sergeants are demoted and there were no promotional possibilities there would be no way of developing future supervisors. Mayor Nyquist recognized Mr. Ed Commers who stated he would like to add to the discussion that he believes the reorganization will demoralize the police depart- ment and all other City employees. Mayor Nyquist inquired if there was anyone else present who wished to address the council at the Open Forum session. There being none, he proceeded with the regular agenda items APPROVAL OF CONSENT AGENDA Mayor Nyquist inquired whether any of the Council members requested any items removed from the Consent Agenda. Councilmember Hawes requested item 7c be ;removed from the Consent Agenda and Councilmember Lhotka requested item 12 be removed from the Consent Agenda. The City Manager requested the Council remove item 7b from the Consent Agenda - because of a modification in the bid. RESOLUTIONS RESOLUTION NO. 82 -201 Member Rich Theis introduced the following resolution and moved its adoption RESOLUTION RECOGNIZING THE OUTSTANDING ACHIEVEMENT OF THE BROOKLYN CENTER TOWN TEAM 1982 CLASS A AMATEUR BASEBALL rXAMPIONS The motion for the adoption of the foregoing resolution was duly seconded by _member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Gene Lhotka, Bill Hawes, and.Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the following list of licenses: MECHANICAL SYSTEM'S LICENSE Midland Heating 6442 Penn Avenue South NONPERISHABLE VENDING MACHINE LICENSE Twin City Vending 6845 Lee Avenue North PERISHABLE VENDING MACHINE LICENSE Twin City Vending 6845 Lee Avenue North FOOD ESTABLISHMENT LICENSE Canteen Corporation of Minnesota 6700 Shingle Creek Pkwy. Red Lobster /a division of General Mills Restaurant Group 7235.Brooklyn Boulevard 10 -25 -82 3 R ENTAL DWELLING LICENSE Initial: .United Homes Corporation 5600 Aldrich Avenue N. Pat's Action Realty 6825 -27 Noble Avenue N. Joan Kanz 3112 O'Henry Road Marvin /Beatrice Mohr 6026 Humboldt Avenue N. Ramesh K /Kanta Kuba 4216 Lakebreeze Avenue N. Renewal: ` Robert A. Gold 7217 Camden Avenue N. Patrick Menth 5302 Fremont Avenue N. Duane L. Christiansen 5400 Sailor Lane Mr. & Mrs. Michael L. Kratochvil 6131 Kyle Avenue N. Eugene W. Hess 3218 63rd Avenue N. David JensenGordon Wellens 5501 Brooklyn Boulevard Fred Johnson 5324 Bryant Avenue N. Isolda Gilles 4715 France Avenue N. Dennis Schuette /Jerry Jacobson 4408 69th Avenue N.- Peter /Joan Neururer 6737 -43 Humboldt Avenue N. Harrington Properties Bernard J. Harrington 6640, -6700 Humboldt Avenue N. 1400,01 67th Avenue North Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. REQUEST BY C.E.A.P. FOR ACCESS ROAD STREET SIGN The City 'Manager reviewed for Council members a letter from Mr. Ed Eide, Executive Director of C.E.A.P. 'The letter was a request from the Board of Directors of C.E.A.P. to name the access road to the C.E.A.P. building "C.E.A.P'. Way." Mayor Nyquist recognized Mr Ray Deli, member of the Board of Directors of C.B.A.P., wh asked the Council to allow the roadway to be renamed C.E.A.P. Way. Mayor Nyquist then recognized Dr. Duane Orn, President of the Board of Directors of C.E.A.P. Dr. Orn explained to t.ie Council that C.E.A.P. is an agency that helps people and needs a visibility and identity in order that it can be seen since it is in a difficult to find location.' He stated that C.E.A.P. needs a way to establish some type of visibility and asked the Council to consider the access road name change. The ,City Manager stated that he had discussed the request with Dr. Orn and Mr. Eide, and that C.E.A.P. is entitled to an identification sign visible from the street but that he did not know whether the street sign would do much for identification of the building location. Mr. Eide responded by saying that the issue is not with the identification sign but the issue is that the board and the citizens would like to name the access road "C.E.A.P. Way ". The City Manager commented that the request to the City would be for authorization for the street sign. Councilmember Theis stated that.he likes the idea for the change in the name but added that he believes it would not be useful for address and _location purposes. Mr. Eide agreed with Councilmember Theis and noted that the request is for the street name change and that the address would remain on Brooklyn Boulevard. The City Attorney commented that one point to consider is what other property 10 -25 -82 -4- owners in the area would think and suggested that it would be advisable if they were notified of the request. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to authorize the staff to not neighboring property owners of the request by C.E.A.P., and to proceed with erecting the street sign as requested by C.E.A.P. if no objections were received from the adjoining property owners. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED The City Manager introduced a Resolution Accepting Bid and Approving Contract 1982 -M (Palmer Lake Basin Site Improvements). The City Manager noted that the bids for the project had been received and that certain portions of the project received objections on the part of the residents near the project area. He explained the base bid would include a wood chip path behind Oliver Lane and that Alternate No. 3 would make the path a bituminous path. The Director of Public Works presented the development plans to the Council and reviewed the alternatives, pointing out that Alternate No. l was a wood chip trail and Alternate No. 3 was a bituminous trail in the Palmer Lake area along and behind Oliver Lane. Mayor Nyquist recognized Mr. Howard Oien who stated that petition presented to. the City Council by the neighborhood requested a no path alternative. Mr. Oien stated that the plans presented this evening show that a path will be .built whether the neighborhood wants it or not. Mr. Kipton Narbo stated that the alternates presented - o the Council this evening include a wood chip or bituminor.s path and that the neighborhood has asked for a no path alternative. He added that he believes fire is a problem in the area and that if the path is built people could be trapped by fire. He also stated that he believes molestations in the area could have occurred and may not have been reported to the Brooklyn Center Police.Department. The City Manager reviewed the location of the proposed trail in the Palmer Lake Basin area and explained that the wood chip trail would extend from West Palmer Park to East Palmer parka The Council continued its discussion regarding the proposed improvements. Mayor Nyquist commented that the City has not had problems with other portions of the trailway project constructed in the City. Councilmember Lhotka stated that perhaps a portion of the trail could be eliminated and that it could be added at a later - date if it was not objectionable. The City Manager recommended that the Council pass the resolution without Alternate No. 3 and then pass a separate resolution approving a change order which would eliminate the portion of the trail found objectionable by the neighborhood. RESOLUTION NO. 82 -202 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -M (PALMER LAKE BASIN SITE IMPROVEMENTS) 10- 25 -82. -5- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote -being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -203 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982- N' (LIFT 'STATION NO. 3 REPLACEMENT) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: 'Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. t RESOLUTION NO. 82 -204 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO CHANGE ORDER NO. 1 TO CONTRACT 1982 -N (LIFT STATION NO. 3 IMPROVEMENT PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted.against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS The ,City Manager explained the ordinance amendment would provide the fee schedule for licenses required by Chapter 1 of the City ordinances regarding animals, that the ordinance is recommended for a second reading this evening and a public hearing on the ordinance is scheduled for 7 :30 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of.the City Ordinances Regarding General Licensing Regulations. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertaned,a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 23 of the City.Ordinances Regarding General Licensing Regulations. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. p ORDINANCE NO. 82 -17 Member Rich Theis introduced the following ordinance and moved its adoption: 10-25-82 -6- AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being.taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared ful.y passed and adopted. AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY ORDINANCES REGARDING FOOD ESTABLISHMENTS The City Manager explained the ordinance amendment would provide a reduced license fee for food establishments with a quality; assurance program to prevent food borne illnesses. He explained the ordinance was offered for a first reading and recommended a public hearing be scheduled for 8:00 p.m. on October 22, 1982. He added that notices for an informational meeting on the quality assurance plan had been sent to food license holders in Brooklyn Center but that only a few of the food handlers attended the meeting. Mayor Nyquist inquired whether the staff believed there was any problem with tying the plan into the special report No. 61 referenced in the ordinance amendment. The City Attorney commented that the City would have to revise the requirements of the plan to coordinate with any updates or changes in the report. The City Manager stated that the Council may want to delay the first reading of the ordinance so that the staff can get input from the Chamber of Commerce. The City Attorney noted that the public hearing on the ordinance could be continued for a number of times. .Councilmember Hawes inquired whether the $100 difference in license fees, would be enough incentive to prepare a quality assurance plan. The City Manager suggested that the Council delay any action on the ordinance and get more input from the Chamber of Commerce. Mayor Nyquist suggested that the Council refer the ordinance amendment to the Chamber for more input. There was a,motion by Councilmember Theis and seconded by Councilmember Hawes to :.able consideration of An Ordinance Amending Chapter 8 of the City Ordinances Regarding Food Establishments until the Chamber of Commerce has had an opportunity to provide input into the ordinance. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table consideration of An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations until such time as the Chamber of Commerce has reviewed the ordinance and provided input to the City Council regarding the ordinance amendment. Voting in favor.. Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 8 :33p.m.and reconvened at 8:50 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82038 SUBMITTED BY MELVIN MAAS FOR A SPECIAL' 10 -25 -82 -7- E USE PERMIT TO CONDUCT A SMALL ENGINE REPAIR HOME OCCUPATION IN AN 8' BY 20' SCREENED IN PORCH ALONGSIDE THE GARAGE AT 5907 HALIFAX AVENUE NORTH. The Director of Planning & Inspection presented and reviewed for Councilmembers pages 2 to 3 of the October 14,1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. He reviewed the location of the subject parcel and described the nature of the special use request. He noted that the Planning Commission recommended approval of the application subject to six conditions which he reviewed for Council members. The Director of Planning &Inspection pointed out that a representative of -the applicant was present at the meeting and that the proper notices had been sent to surz'ounding property owners. Councilmembers discussed the application and Councilmember Lhotka expressed a concern about the storage of flamables on the site and requested that the hours of operation be changed to 9 :00 a.m. to 6 :00 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82038. He inquired if there was anyone, present who wished to speak at the public hearing. No one appeared to speak and he enter - tained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 82038. - Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve Application No. 82038, subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be from 9:00 a.m. to 6:00 p.m. Monday through Friday. 4. All parking associated with the home occupation shall be off - street on improved space on the property. 5. A 5 lb. fire extinguisher shall be installed in the area of the home occupation prior to the issuance of the permit. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. T. Storage of flamable materials in the area of the home occupation shall be stored in a manner approved by the Brooklyn Center Fire Chief. Voting in favor: Mayor Nyquist, Councilmembers Lhotka Hawes, and Theis. Voting against: none. The motion passed unanimously. 10 -25 -82> -8- PLANNING COMMISSION APPLICATION NO. 82039 SUBMITTED BY JOHN CLIFFORD FOR A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW EXPANSION OF A GARAGE ALONG THE EXISTING BUILDING LINE OF 34` RATHER THAN 35' REQUIRED BY THE ORDINANCE The Director of Planning & Inspection presented and reviewed for Council members pages 5 through 6 of the October 14, 1982 Planning Commission minutes and also the Planning_ Commission information sheet prepared for Application No..82039. He also proceeded to review the location of the subject parcel and reviewed the applicant's proposal. The Director of Planning & Inspection pointed out that five similar variance cases were considered by the _City °Council in the past and that four were approved and one was not. He added that all these cases were reviewed in detail at the Planning Commission meeting. The Director of Planning & Inspection pointed out the application has submitted a letter - requesting a variance and that the staff and Planning Commission concurs that it is questionable as to whether the application, or others in the past ' was It b the Planning t t t that it felt me he standards for variance. He added tha i s y g Commission and staff that it would not be detrimental to surrounding properties to grant the variance Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 82039. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared speak and he entertained a motion to close the public hearing. r There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Application No. 82039. Voting in favor: - Mayor Nyquist, Councilmembers Lhotka, Hawes, an(! Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Application No. 82039 on the grounds that there is considerable precedent through the granting of similar variances and the variance would not have a detrimental affect on neighboring property. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed, RESOLUTIONS (CONTINUED) RESOLUTION NO. 82 -205 r Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -P (MUNICIPAL SERVICE GARAGE SOILS CORRECTION, LIONS PARK TENNIS COURT SOILS CORRECTION) The motion for the adoption of the foregoing resolution was duly seconded by f member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof,: Dean Nyquist, Gene Lhotka, Biil.Hawes and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. - The City Attorney left the table at 8:25 p.m.. 10 -25 -82 -9- RESOLUTION NO. 82 -206 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF TRUCK CAB AND CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Gene. Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was - declared duly passed and adopted. The City Manager introduced a Resolution Approving Specifications and Ordering Advertisement for Bids for Jet`Rodder for Public Utilities Division. The Director of Public Works explained that the City has been experiencing a number of sewer backups and that after analysis of a number of alternatives the staff is recommending the purchase of a jet,rodder. Additionally, he stated the City could contact other cities to solicit their interest in joint ownership of a vacuum cleaning machine as an adjunct to the rodder. He also proposed the transfer of one full -time person from the street department to the public utility department and also one part -time seasonal person. The City Attorney returned to the table at 8 :32 p.m. Councilmember Lhotka requested when the ; bids are received, he would like to review the manufacturers information on the machine and would also like information from other cities in the area regarding their usage of jet rodders and vacuum machines. RESOLUTION NO. 82 -207 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR JET RODDER MACHINE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: ;Dean Nyquist,` Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -208 Member Gene Lhotka introduced the following resolution and moved its adoption; RESOLUTION ESTABLISHING PROCEDURES FOR INITIATION OF ALLEY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill, Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted ,against the same: none, whereupon said resolution was declared duly passed and adopted. 10 -25 -82 -10- DISCUSSION ITEMS NORTH HE"NUE:PIN C014MUNIT`1 ANDS C0!.V :NTION CENTER CITIZENS COMMITTEE The City Manager reviewed a letter from the North Hennepin.Community and Convention Center Citizens Committee requesting the City to apply funds towards the liquidation of the outstanding indebtedness of the committee. Mayor Nyquist stated that the objective of the committee was excellent but that the functions of the committee were poorly handled from start to finish. Council- member Lhotka agreed with Mayor Nyquist's comments; The City Manager noted that the funding for the committee was not a commitment made by the City of Brooklyn Center or any other City. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny any contribution from the City of Brooklyn Center to the outstanding indebtedness of the North Hennepin Community and Convention Center Citizens Committee. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. APPLICATION FOR ON -SALE INTOXICATING LIQUOR LICENSE FOR RED LOBSTER RE Councilmember Lhotka requested that, in the future, no liquor; license applications' be placed on the Consent Agenda. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the on -sale intoxicating liquor license for the Red Lobster Restaurant. Votin g Y Nyquist, in ,favor: Mayor N uist Councilmembers Lhotka Hawes, and Theis. Voting against: T gains none. he motion passed. CONSIDERATION OF MINNESOTA CONSTITUTIONAL AMENDMENTS The City Manager introduced information prepared by the League of Women Voters on the four constitutional amendments on the November general election ballot. The City Manager stated that, because the votes for constitutional amendments are based on the total number of people voting in an election, a person not voting on a constitutional amendment has the same affect as if the person voted no. Mrs. Dolores Hastings and Mrs. Florence Johnson,representing the League of Women Voters, addressed the Council and stated that the League has only endorsed one amendment; that being, the amendment permitting the establishment of an appeals court. They stated that the League of Women Voters encourages people to vote on the amendments- no matter which way they vote. They added that the League's function is an educational function and that they hoped people would understand the importance of voting on a constitutional amendment. They also requested the Council to support their position on voting on constitutional amendments. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to support the League of Women Voters position that the constitutional amendments on the November, general election ballot are important and that voters should vote on the amendments FUNDING FOR 2 -94 OPENING Mayor Nyquist inquired of the Council whether they wanted to allocate any .funds for the opening ceremonies for I -94. 10-25-82 -11- After discussion by the Council, there was 'a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny any contribution from the City of Brooklyn Center towards the funding of the opening ceremonies for I -94. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none The 'motion passed. f POLICE DEPARTMENT REORGANIZATION Councilmember Hawes brought up for discussion the topic of the police department reorganization. g t Mayor Nyquist commented that no new information has been offered regarding the + reorganization. Councilmember Hawes questioned whether the Council was truly representing the wishes of the people of Brooklyn Center. Councilmember Lhotka commented that, during the Open Forum session held earlier in the meeting, one of the speakers stated that the reorganization plan was the City Manager's plan and not the Police Chief's plan. He asked the staff to comment on this statement. Chief Lindsay stated that the plan was developed jointly by the police administration and the City administration. Councilmember Lhotka then asked whether or not the Chief supportee the reorganization, Chief Lindsay stated that he does 'support the reorganization plan. Councilmember Lhotka then requested the Chief to comment on 'a statement made by one of the speakers to the effect that no one would apply for any of the corporal positions. Chief Lindsay commented that he had discussed this issue with the sergeants and suggested to them that they look at all of the possible ratifications of this action. Councilmember Lhotka inquired'whether the seniority.issue had been resolved. The City Manager stated that from a staff position he believes the seniority issue has been resolved. Councilmember Lhotka then inquired as to the possible court costs if the issue were to be settled in court. The City Attorney noted that he could give an estimate of the cost but it would not be a very accurate estimation at this point. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist', Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 10 :25 p.m. Ork May 10 -25 -82 -12-