HomeMy WebLinkAbout1978 04-10 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
APRIL 10, 1978
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 Tony Kuefler, Bill
Fignar, Gene Lhotka, and Celia Scott. Also present were
City Manager Gerald Splinter, Director of Public Works James
Merila, City Attorney Richard Schieffer, Director of Finance
Paul Holmlund, Director of Parks and Recreation Gene Hagel,
and Administrative Assistants Ronald Warren and Brad Hoffman.;
Approval of Minutes Motion by Councilmember Scott and seconded by Council-
3-20-78 member Fignar to approve the minutes of the March 20, 1978
City Council meeting as submitted. Voting in favor: Mayor
Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.
Voting against: none.. The motion passed unanimously.
Open Forum Mayor Nyquist introduced the first item of business on the
agenda, that of the Open Forum. He explained that the Open
Forum was instituted to give any citizen the opportunity to
address the City Council as a whole and comment on any
opinion, problem, concern or complaint they might have which
is relevant to the affairs of this local government and its
policies and practices.
Mayor Nyquist stated that Mr. Wes Reavely, 3018 Mumford
Road, had called in advance to request to be heard on the
Open Forum. He noted that Mr. Reavely wished to comment
on the selection of a new chief of police. He stated that in
keeping with the procedures established for the Open Forum
he would request Mr. Reavely to make his comments in
conjunction with that agenda item.
The Mayor inquired if anyone else wished to be recognized
for the Open Forum. No one requested to be heard, and the
City Council continued with the agenda.
League of Women The City Manager reported that the Brooklyn Center League
Voters Presentation of Women Voters have requested an opportunity to make a
presentation to the City Council regarding Sun Day in
Minnesota.
Mayor Nyquist recognized Eileen Oslund, President of the
Brooklyn Center League of Women Voters. Mrs, Oslund
stated that the League has looked extensively at the energy
problem in the United States. She pointed out that presently
we are faced with an energy dilemma in that many of our
current energy sources are being depleted. She explained
that the League has also studied a number of alternative
energy sources and that the concept of solar energy has
caught their eye as being a potential energy alternative. She
reported that there is a national movement to proclaim
Wednesday, May 3, 1978 as Sun Day as a means of raising
the awareness of citizens to present and future potentials
of solar and other alternative renewable energy resources.
She added that the League of Women Voters is sponsoring
an Energy Fair at the Community Center on that day and that
many activites have been planned. She noted that they are
looking at various ways to conserve energy and plan to present
displays of this nature and provide information on solar energy,
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She added that there will be an energy assessment
available at the Energy Fair as well. She invited members
of the City Council, as well as all citizens of the community,
to attend this event to be held between 7 :00 p.m, and 9:30 p.m.
in the Brooklyn Center Community Center Social Hall.
Member Tony Kuefler introduced the following resolution RESOLUTION
and moved its adoption: NO. 78 -62
RESOLUTION PROCLAIMING MAY 3, 1978 AS SUN DAY IN
BROOKLYN CENTER
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same:
none, whereupon said resolution was declared duly passed
and adopted.
Mayor Nyquist announced he had received a letter of Planning Commission
resignation from Mark Sazama, who is moving out of the Resignation
City and will be unable to continue serving on the
Planning Commission. He requested anyone interested
in serving on the Planning Commission, living in the
northwest area of the City, to contact him in writing
regarding this vacancy.
Following a brief discussion there was a motion by Action Directing
Councilmember Lhotka and seconded by Councilmember Resolution of Commendation
Fignar to acknowledge receipt of the resignation of
Mark Sazama from the Planning Commission effective
April 27, 1978, and to direct the City Manager to
prepare a resolution of commendation. Voting in
favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none.
The motion passed unanimously.
The City Manager announced he has received a Police Chief Resignation
letter from Thomas G. O'Hehir resigning his position
as Chief of Police effective May 20, 1978.
Motion by Councilmember Kuefler and seconded by Action Directing Resolution
Councilmember Lhotka to direct the City Manager to of Commendation
prepare a resolution of commendation for Thomas G.
O'Hehir for his service as Chief of Police. Voting in
favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none. The motion
passed unanimously.
Mayor Nyquist announced the City Manager wishes Police Chief Selection
to discuss with the Council various selection procedures Process
which could be utilized for replacing the Police Chief.
He briefly reviewed the City Charter and stated that the
City Manager is responsible for appointing all officers
and employees of the City with the exception of the City
Attorney, and that the appointment of department heads
must be finalized by a majority vote of the City Council.
The City Manager reported there are basically two ways
in which he could proceed with his appointment of a
Police Chief. He commented that a search for a new
Police Chief could be done exclusively within the Police
Department or a total search could be conducted
involving persons within the department as well as those
from outside the department. He stated that he feels
4 -10"78 -2-
that presently there is a capable candidate within the depart-
ment whose name could be submitted for Council confirmation,,
The City Manager briefly reviewed the procedures involved in
a full search which would include seeking candidates from
outside the Police Department. He stated that he felt if a
full search was utilized, the process should be continued
through to the end. He pointed out that there may well be
some legal problems in terms of the validity of such a search
if a full search were started and not 'carried through completely,
He added that for this reason, if he decides to seek an appro-
priation from the City Council to conduct a full search, it
would encompass an extensive procedure. He reported that
he has had recent experience regarding the selection of
Police Chiefs within the metropolitan area, commenting that
while serving as City Manager of North St, Paul a full search
was undertaken to find a Police Chief. He added that he has,
within the past two years, served on a selection panel for
a Chief in the City of Roseville. He stated that the City of
Brooklyn Park has also recently conducted a full search for
a new Police Chief. He commented that the costs related
to such a search would run between $5,000 and $10,000 and
commented that based on Brooklyn Park's experience he felt
the cost for a consultant and the search effort would encom-
pass between $7,500 and $10,000.
He concluded by stating that he as yet has not decided on
which course of action to proceed with, pointing to the fact
that he felt there was a capable candidate within the Police
Department and that the cost fora full blown search effort
would be approximately $10,000.
Mayor Nyquist stated that the Council had a request from a
person wishing to utilize the Open Forum to make a comment
on the selection of a new Police Chief. He recognized
Mr. Wes Reavely, 3018 Mumford Road, who stated that he
had read about the impending resignation of Chief O'Hehir
in a recent edition of the Post. He stated that he is concerned
with a replacement for the Chief and that he feels it should
be the best possible person for the position. He stated he
was of the opinion the City should conduct a full search for
a new Chief and to solicit applications from outside the
Police Department, as well as from within.
A lengthy discussion ensued relative to the City Manager's
comments regarding the selection of a new Chief. Council-
member Fi.gnar inquired if a Chief's position is generally
a long term or short term appointment. The City Manager
responded that it varies, depending upon the type of person
selected for the position. He stated that if a community
attracts a person that is on their way up in terms of their
career, the tenure of the Chief could be short while on the
other hand if a community attracts someone that is on their
way down, so to speak, the tenure of that person would in
all likelihood be of a longer duration He commented on
the length of service of a number of Chiefs in the metropolitan
area and stated that generally a term of from 5 to 7 years is
the shortest.
Also in response to an inquiry by Councilmember Fignar, the
City Manager stated that although a community might not
advertise nationwide, it has been the experience that when
looking outside of a department for a Chief in a community
of this size there would be nationwide exposure of the
vacancy because of word of mouth, and also because ad-
vertisements would appear in such publicatiorns as the
Minneapolis papers, the League of Minnesota Cities magazine,
and a number of police journals., He further stated it would
be reasonable to assume that an appointment of a now Police
2 A � 7 ft
Chief could be made within three to four months using a
full search procedure,
In response to an inquiry by Councilmember Kuefler, the
City Manager stated that he would be involved in developing
criteria and standards for the position with a consultant
if a consultant were retained to aid in a full blown search
for a Police Chief.
Councilmember Lhotka questioned whether or not a consultant
would be needed to assist in a full search for a Police Chief,
The City Manager stated that he did not feel a consultant
would be needed if a promotion was made from within the
Police Department, but that if a full search were undertaken
a consultant would be necessary,
Councilmember Scott commented that she felt it would be
best if a full search were done, She commented that if the City
Manager chose to use a consultant, she would support such
an appropriation.
In response to an inquiry by Councilmember Fignar, the
City Manager stated that whether a new Chief was selected
from within the department or outside the department, there
would be a probationary period. He pointed out that he
felt this is one of the most important parts of a selection
process and that the probationary period is a time to seriously
evaluate a person's capabilities. Councilmember Fignar
inquired if the City Council would have to again confirm
an appointment after the probationary period is over. The
City Manager responded that the City Council would not
finalize the Chief's appointment after the probationary period
is completed, and that the only way the person's name would
again be before the City Council would be if the City Manager
chose to terminate that department head after his probationary
period. He pointed out that terminations of department heads
must also be finalized by the City Council.
Councilmember Kuefler commented that because position
descriptions for all department head positions have been
developed recently in conjunction with the management
compensation program for City department heads and the
City Manager has expressed the opinion that there are
people from within the department that could fill the
Chief's position, that he would like to see the Manager
look first within the department and if he feels there is a
qualified candidate that he could appoint based on merit
and fitness, that he do so. He pointed out that this
would involve a considerable saving both in dollars and
in time. He added that if there is someone within the
department to this position he favors making a pro-
motion from within rather than a full search,
Councilmember Fignar commented that even if the
City Manager were to conduct a search outside of the
department this would not eliminate those within the depart-
ment that are qualified from seeking the position. In
response to an inquiry by Councilmember Fignar, the
City Manager stated that if the appointment of a new
Chief was made from within the department there would
be other promotions as well. Also in response to an
inquiry by Councilmember Fignar, the City Manager
stated that he most certainly feels that there is a .
capable candidate from within the department for the
position of Chief
4-10-78 -4-
A discussion ensued relative to the type of person tha would
be attracted to the position if a full search was conducted.
The City Manager stated that based on his experience, the
candidates would be police officers with the rank of sergeant
or above and that they would primarily be persons that are
second in command in a Police Department. He pointed out
that it has also been his experience that there would be no
current Police Chiefs applying for the position from larger
department than Brooklyn Center's. He added that the Chiefs
of Police that would be attracted to the position would be
Chiefs from smaller Police Departments. At the request of
the City Manager, Administrative Assistant Ronald Warren
explained the background of the six current candidates for
the Chief's position in Brooklyn Park. He stated that of the
six candidates, four are from the metropolitan Twin City
area and that the other two candidates are from the the State
of Wisconsin, He further stated that of the local candidates
one is a Chief of Police from a smaller department than
Brooklyn Park's; that two are second in command of depart-
ments that are comparable in size to that of Brooklyn Park's,
and that the remaining local candidate is a manager of a
police related activity. Regarding the two candidates from
Wisconsin, he stated that one is a supervisor in a metro -
politan area police department and that the other is a financial
manager of the Wisconsin Department of Justice.
Councilmember Lhotka commented that he likes the idea of
promotion from within, but because the Chief's position is a
very sensitive position, he would like to see a full blown
search conducted.
Mayor Nyquist stated that he did not feel it was the Council's
prerogative to dictate to the City Manager what procedure to
utilize in his selection of a Chief of Police but only to confirm
or deny his appointment.
Councilmember Fignar stated that he is aware of the City
Manager's responsibility for making department head appoint -
ments but that he did not feel it was inappropriate for the
Council to comment on the policy or procedure that the
Manager should use in making his appointment. He further
stated that although it seems there is at least one candidate
within the Police Department that is capable of serving as
Chief, he felt the Council should appropriate the money
necessary to do an entire search for a Chief and that he
would urge the City Manager to do so.
Further discussion ensued relative to a selection process for
a Chief of Police. Councilmember Kuefler suggested deferring
further consideration of the matter and that the City Manager
report to the Council on how he wishes to proceed with his
appointment of a Chief of Police.
The City Manager commented that he would develop such a
recommendation for the next City Council meeting.
It was the consensus of the City Council to defer further
consideration of a Police Chief selection until the April 24,
1978 Council meeting.
RESOLUTION Member Bill Fignar introduced the following resolution and
NO. 78 -53 moved its adoption:
RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO
PROVIDE FOR THE ACQUISITION OF VOTER'S REGISTRATION
VALIDATING EQUIPMENT
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The motion for the adoption of the foregoing resiolution was
duly seconded by member Gene Lhotka, and upon vote being
taken thereon, the following voted in favor thereof: Dean
Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same:
none, whereupon said resolution was declared duly passed
and adopted.
Councilmember Kuefler stated that he has tentative plans Request to be Excused
to be out of town for the next City Council meeting and
requested to be excused.
The City Manager introduced the next item of business Alley Paving Improvement
on the agenda, that of two resolutions dealing with a Projects
number of alley paving improvement projects. He
explained that the first resolution is recommended for
the purpose of establishing various alley paving improve-
.
ment projects and ordering the preparation of plans and
specifications and that the other resolution is recommended
for the purpose of establishing April 24, 1978 as the date
and time for the public hearings on these improvement
projects.
The Director of Public Works proceeded to review the
alley paving improvement projects and stated that these
projects are based on direction given by the City Council
to prepare a plan for addressing all of the remaining
unpaved alleys in the City. He explained that the alley
paving improvement projects recommended for establish-
ment include all of the remaining unpaved alleys in the
City. He added that he is in the process of preparing a
recommendation regarding the possibility of providing a
deferred assessment program for senior citizens which will
be discussed prior to the alley paving public hearing.
He next reviewed a transparency showing the location of
the various alley paving improvement projects in the south-
east area of the City. A brief discussion ensued relative
to maintenance costs for unpaved alleys and the assess -_
ment procedures. In response to an inquiry by Councilmember
Lhotka, the Director of Public Works stated that the maintenance
costs far unpaved alleys comes out of the City's General
Fund Budget. He pointed out that the maintenance cost on
the average is $500 per year for each unpaved alley and that
abutting property owners are not specially assessed for
this maintenance. He pointed out that paved alleys would
require less maintenance over the.years and would be
conducted about once every seven years.
The Director of Public Works next reviewed a transparency
of alley paving improvement projects proposed for the
southwest area of the City. A brief discussion ensued
relative to the proposed projects with Councilmember
Scott noting that maintenance on the alleys in the southwest
area of the City is generally done only once a year. She
inquired as to why it would cost $500 per year for each
of these alleys. The Director of Public Works responded
that the alleys in the southwest area do not have as severe
grade and drainage problems as do the alleys in the south -
east area of the City. He explained that grading of the
alleys in the southeast area is done more often and that the
$500 per year per alley figure is an average for all of the
unpaved alleys in the City,
4 -10 -78 -6-
Councilmember Fignar noted that the resolution recommended
for establishing a public hearing on these alley paving improve-
ment projects is scheduled for April 24, 1978. He recommended
deferring the public hearing to another date because Council-
member Kuefler had indicated he might not be at the April 24
meeting. He felt this was a major decision and that the full
Council should be present.
Request to be Councilmember Scott noted that she would be unable to attend
Excused the May 8, 1978 City Council meeting and requested to be
excused.
It was the consensus of the City Council to defer the public
hearing on the proposed alley paving improvement projects
until May 22, 1978.
RESOLUTION Member Gene Lhotka introduced the following resolution and
NO. 78 -64 moved its adoption:
RESOLUTION ESTABLISHING ALLEY PAVING IMPROVEMENT
PROJECT NO.'S. 1978 -7, 1978 -8, 1978 -9, 1978 -10, 1978 -11,
1978 -12, 1978 -13 AND 1978 -14 AND ORDERING PREPARATION
OF PLANS AND SPECIFICATIONS
The motion for the adoption of the foregoing resolution was duly
seconded by member Tony Kuefler, and upon vote being taken
thereon, the following voted in favor thereof: Dean Nyquist,
Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and
the following voted against: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION Member Celia Scott introduced the following resolution and
NO. 78 -65 moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
ALLEY PAVING IMPROVEMENT PROJECT NO'S. 1977 -22, 1978 -7,
1978 -8, 1978 -9, 1978 -10, 1978-11, 1978 -12, 1978 -13 AND
1978 -14
The motion for the adoption of the foregoing resolution was duly
seconded by member Tony Kuefler, and upon vote being taken
thereon, the following voted in favor thereof: Dean Nyquist,
Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and
the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
Action Declaring Motion by Councilmember Kuefler and seconded by Council-
Surplus Property member Lhotka to declare the following list of property and
equipment as surplus, to be disposed of at the City Auction
on Wednesday, April 26, 1978: 1 Toro 21 lawnmower
(FA #1001); 1 Toro 21 " lawnmower (FA #1002); 1 Sno -flyer
snowblower (FA #1019); 1 AB Dick mimeo #418 (FA #336);
1 Remington Rand calculator (FA #2219) 1 Sony Mcdel TC 55
tape recorder (FA #638); 1 Sony Model TC 55 tape recorder
(FA #640); and 1 Monroe calculator (FA #351). Voting in
favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none. The motion
passed unanimously.
Land Division for The City Manager introduced the next item of business on the
Hennepin County agenda, that of a resolution recommended for the purpose of
Regional Library Site approving a land division for the Hennepin County library
property. He explained that the approval requires a formal
subdivision by platting prior to the issuance of occupancy
permits for the library to allow Brookl }7n Center Industrial
Park (13CIP) and the County to settle their differences by
arbitration. He explained that there are delinquent taxes
and special assessments due on this property and that the
County and BCIP havo agreed to submit their differences to an'
-'7 't -7,q
arbitration panel to determine who is responsible for these
delinquent taxes and special assessments. IIe noted that
the County requires all delinquent taxes and special assess-
ments to be paid up on all parcels within a formal plat or
registered land survey prior to the filing of the document.
He pointed out that Hennepin County may be in a position
to start construction of the library site prior to the final
arbitration decision. He explained that the resolution would
permit the land division but indicates that no occupancy
permits would be issued by the City Building Official until
all delinquent and current taxes and special assessments are
paid for the.parcels.
o Public W r
The Director f o ks reviewed a transparency showing
g
in more detail the location of the property in question. He
stated that the City Council, on November 28, 1977, had
approved a preliminary registered land survey for this land
division. He pointed out that the resolution would allow the
County and BCIP to transfer the land and building permits
could be issued for the construction of the library if the
County is prepared to build and the arbitration is not yet
finalized. He pointed out that the occupancy would not be
certified until the current taxes and special assessments
had been paid, He noted that both the County and BCIP
have agreed to submit this matter to arbitration.
Councilmember Kuefler stated that he envisioned potential
problems with this action in that there might be undue
pressure on the City Council to certify the occupancy of
the building once it is -built even if the arbitration is not
yet settled. A brief discussion ensued relative to Council-
member Kuefler's point with the City Attorney suggesting
that a point be added to the resolution whereby both the
County and BCIP would agree not to seek occupancy permits
until the matter of taxes and special assessments is resolved.
The City Manager suggested that consideration of the
resolution be deferred until the next meeting to give him an
opportunity to seek clarification on this point from both the
County and BCIP.
It was the consensus of the City Council to defer further
consideration of a resolution approving a land division for
the Hennepin County Regional Library site until the April 24,
1 Council meeting.
Member Celia Scott introduced the following ordinance ORDINANCE
and moved its adoption: NO. 78 -6
AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY
ORDINANCES RELATIVE TO RENTAL DWELLING LICENSE
APPLICATION INFORMATION
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Section 1 . Chapter 12 of the City Ordinances of the
the City of Brooklyn Center is hereby amended by the
addition of the following:
Section 12 -903, OWNER OR AGENT TO APPLY.
License application or renewal shall be made by the
owner of rental units or his legally constituted agent.
Application forms may be acquired from and subsequently
filed with the Compliance Official. The applicant shall
supply:
4 -10 -78 -8-
(1) Name, address, and telephone number of dwelling
owner, owning partners if a partnership, corporate
officers if a corporation;
(2) Name, address, and telephone number of designated
resident agent, if any;
(3) Name, address, and telephone number of vendee, if
the dwelling is being sold through a contract for deed;
(4) Legal address of the dwelling;
(5) Number of dwelling units within .the dwelling;
(6) Description of procedure through which tenant inquirie
and complaints are to be processed.
Every person holding a o e ratinglicense shall giv noti
in writing to the Compliance Official within five business
days after any change of this information. Notice of trans
of own shall be as described in Section 12 -9 08,_
Section 12 -908. LICENSE NOT TRANSFERABLE.
No operating license shall be transferable to another person
or to another rental dwelling. Every person holding an operatinc
license shall give notice in writing to the Compliance Official
within [ 72 hours] five business d ays after having legally
transferred or otherwise disposed of the legal control of any
licensed rental dwelling. Such notice shall include the name
and address of the person succeeding to the ownership or
control of such rental dwelling or dwellings.
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publica-
tion.
Adopted this 10th day of April, 1978.
The motion for the adoption of the of the foregoing ordinance
was duly seconded by member Bill Fignar, and upon vote
being taken thereon, the following voted in favor thereof:
Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none,
whereupon said ordinance was declared duly passed and
adopted.
ORDINANCE Member Gene Lhotka introduced the following ordinance and
NO. 78 -7 further moved its adoption, provided, however, that for the
purposes of the minutes of the proceedings of the City Council
the text of the ordinance shall be attached to the minutes and
be a part thereof:
AN ORDINANCE AMENDING CHAPTER 19 PROHIBITING AND
REGULATING THE DISSEMINATION OF PORNOGRAPHY AND
RELATED MATERIALS WITHIN THE CITY OF BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was
duly seconded by member Celia Scott, and upon vote being
taken thereon, the following voted in favor thereof: Dean
Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia
Scott; and the following voted against the same: none,
whereupon said ordinance was declared duly passed and
adopted.
-9- 4- 10-78
The City Manager introduced the next item of business on Vacating Portion of Penn
the agenda, that of a ordinance recommended for the purpose Avenue
of vacating a portion of Penn Avenue North located northerly
of the Brookdale Ford property and westerly of the ABC
Theater,
The Director of Public Works reviewed a transparency
showing the location of the proposed vacation of Penn
Avenue North. He explained that the owner of the property
is in the process of developing the land to the west and
and that the vacation action is necessary before a plat
can be submitted.
Motion by Councilmember Kuefler and seconded by Council- ORDINANCE
member Fignar to offer for first reading an ordinance First Reading
vacating a portion of Penn Avenue North. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka,
and Scott. Voting against: none. The motion passed
unanimously.
The Brooklyn Center City Council recessed at 8:25 p.m. Recess
and resumed at 9:43 p.m.
Mayor Nyquist introduced the next item of business on Park & Recreation
the agenda, that of a status report on the Park and.Recre- Commission Status Report
ation Commission's planning effort regarding the develop-
.
ment of City park facilities. He recognized Councilmember
Kuefler who serves as Council liaison to the Park and
Recreation Commission.
Councilmember Kuefler stated that in 1973'the Park and
Recreation Commission was restructured and that Park
Service Area Committees were established to assist the
Park and Recreation Commission. He explained that at
that time the Commission became an advisory commission
to the City Council. He noted that also during this
restructuring the Commission was charged with the
responsibility of recommending a comprehensive plan
for the City's park system. He explained that the Com-
mission has proceeded to develop a comprehensive plan
and will shortly be in a position to make a final recom-
mendation to the City Council regarding the development
and upgrading of park facilities. He further explained
that the Commission intends this evening to make a
status report on their efforts and to respond to any
questions the Council might have regarding the planning
process, and also to seek input and recommendations
from the City Council regarding their efforts thus far.
Mayor Nyquist recognized Mr. Gerald Johnson, Park
and Recreation Commission Chairman, who reviewed the
Commission's efforts in the park planning process. He
explained that a consultant had been retained to assist the
Commission in developing an overall park policy! guideline.
He explained that the Commission in addition to seeking comments,
suggestions, recommendations, and input from the City Council
also wishes to seek further advice and input from various citizen
groups and interested citizens.
Chairman Johnson explained that the goal of the park
policy plan is to provide a well balanced park and
recreation system that will reasonably meet the local
recreational needs of, and be accessible to, all
segments of the community. He pointed out that
one of the Commission's objectives is to develop and
adopt a comprehensive park and recreation plan based
on the needs and demands of all segments of the
population and that it has been their policy to seek
4°10 -78 -10-
continual citizen participation in the planning and development -,
of the park and recreation system.
Chairman Johnson stated that Gene Hagel, Director of Parks
and Recreation for the City, would next review various park
classifications utilized by the Commission in its development
plan. The Director of Parks and Recreation proceeded with a
review of the park classification system and explained that
there are five main categories of parks, including neighbor-
hood parks, community parks, linear parks, nature interpre-
tative parks and special use parks. He explained that these
different classifications of parks are not mutually exclusive
and that in some cases certain parks may fall into, or overlap,
other park classifications. He further explained that neigh-
borhood parks are subdivided into three classifications
including play lots, playgrounds, and play fields He pointed
out that these subclassifications of neighborhood parks are
based primarily on the size of the parks, the facilities
contained in the parks, and the age groups of persons utilizing
these parks. He reported that community parks are large
parks with natural amenities and that the primary example of a
community park would be the proposed Central Park, He
pointed out that linear parks are park areas such as the
Shingle Creek Trailway system and that nature interpretative
parks are for the most part open space and natural areas that
would be left primarily in their natural state. He stated that
a comment that is frequently expressed with respect to the
parks is that there is an overabundance of play fields and
playgrounds , and that little park area is left in its natural
state. He stated that there is in excess of 500 acres of park
property in the City and that presently over half that total
is left in its present natural state.
The Director of Parks and Recreation concluded his presenta-
tion by stating that these park classifications are intended
only as guidelines and that generally specific amenities
or facilities in parks are based on these classifications.
Chairman Johnson continued with his report and stated that
the Commission has developed a priority system for addressing
park needs that is based on developing a well balanced park'
and recreation system that will meet local recreation needs
and be accessible to all segments of the community. He
explained that their planning comprehended the needs of
young adults, the elderly, the handicapped, youth and also
involved planning for combined functions and aesthetics.
He reported that the Commission had prioritized park develop-
ment needs and listed neighborhood park development as the
number one need followed by the development of a community
park, linear parks, nature interpretative parks, and then
special use parks, He reported that the Commission had
surveyed, along with their park service area members, what
.was in each of the existing parks by contacting citizens
and users of these parks He explained. that once this
inventory was accomplished the Commission then looked at the
suggestions in line with park classifications and other needs.
Chairman Johnson reported that the total cost, based upon
current cost estimates, for developing this comprehensive
park plan would be approximately $2.2 million, He explained
that the Commission has discussed different approaches to
funding this development and that a number of alternatives
exist for financing this plan. He pointed out that one
approach would be to budget on a program or long term basis
using the General Fund Budget; that another alternative
would be to use Revenue Sharinq Funds; that a third alterna-
tive would be to seek grants such as LAWCON grants; a
fourth alternative would be ,memorials; and a final alternative
would be bonding. He pointed out that these various alterna
4- -10 -78
tives would not have to be used independently but could
Abe combined to meet the costs associated with the plan
He stated that if it were decided to seek bonding for a
part or all of the costs of the park development program,
that the estimated cost to a $35 , 000 homestead property
over the next 20 years to retire the bond issue would be
as follows: For a bonding amount of $500,000, the annual
cost per household would be $2.67; for a bonding amount
of $1,000,000, the annual cost per household would be
$5.33, for a bonding amount of $1,500, 000, the cost per
household would be $7.99; for a bonding amount of
$2,000,000 the cost per household would be $10.66; and
for a bonding amount of $2,500,000, the cost per house-
hold would be $13.33.
Chairman Johnson stated that the Commission has tried
to look at the park development plan based on the total
needs of the citizens of this community. He added that
the Commission, with the City Council's approval,
intends to present the park facility plan to civic organiza-
tions, neighborhood groups, the PTA, other City advisory
commissions, church groups and any other interested
groups in the community to seek comments, input,
suggestions, recommendations and to answer various
questions about the park facility plan. He pointed out
that after doing this the Commission intends to again
review the park facility plans in terms of any suggestions
and input that might be received and then to make a final
report and recommendation to the City Council regarding
the entire park facility plan.
A lengthy discussion ensued relative to the Park and
Recreation Commission status report. Councilmember
Fignar inquired as to how long it would take to implement
the plan if all of the money was available at this time.
The Director of Parks and Recreation responded that it
would take between 7 and 10 years to complete all of
the recommendations contained in the facility plan. He
noted that much of the work would take some time such
as the development of the proposed Central Park, while
other things could be done within the relatively near future.
Also in response to an inquiry by Councilmember Fignar,
the Director of Parks and Recreation explained that the
cost figures are current estimates. Councilmember
Kuefler pointed out that even though the total develop -
ment for the plan would take from 7 to 10 years, a fund
would be established and that hopefully the interest
accumulated from this fund would be able to keep up
with inflation and that this would provide enough money
for the entire development.
In response to a Council inquiry regarding when the
Park and Recreation Commission would make a final recom-
mendation regarding the financing of this park plan,
Chairman Johnson stated that a lot will depend on the
input that is received from various civic organizations
and that hopefully the Park and Recreation Commission
would be able to make its final recommendations to the
City Council this year.
Mayor Nyquist inquired if citizen input and participation,
other than that of the park service area committees, had
been sought by the Park and Recreation Commission prior
to this time. Councilmember Kuefler responded that the
Commission has requested and has received citizen
participation and input with respect to their planning
efforts on a number of previous occasions. He pointed
out that the Commission is asking that the Mayor send
4- 10--78 -12-
a letter to various community and civic groups to request that
they invite the Park and Recreation Commission to give their
presentation to various groups regarding the park facility plan ,
Councilmember Fignar commented that generally when budgets
are being considered for the City , that health, safety, and
welfare are given priority with respect to the budget. He
added that often parks and recreation will receive the cuts
and trimming if it is necessary to reduce the overall City
budget. He explained that he favors going ahead with further
consideration of the entire park plan keeping in mind the various
funding alternatives that are available.
Action Directing Following further discussion there was a motion by Council -
the Mayor to Contact member Kuefler and seconded by Councilmember Lhotka to
Civic and Community direct the Mayor, on behalf of the City Council, to address
Groups a letter to all civic and community groups asking them to
invite the Park and Recreation Commission to give a presenta-
tion regarding the park development plan as a means of
obtaining further citizen input and understanding with respect
to proposed park development and upgrading. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka,
and Scott. Voting against: none. The motion passed unani-
mously.
Mayor Nyquist, on behalf of the City Council, expressed his
appreciation to the members of the Park and Recreation Com-
mission for their efforts thus far in this park planning effort.
Sign Ordinance The City Manager introduced the next item of business on the
Modifications agenda by stating that inquiries have been made regarding
whether or not the City would be interested in hearing a
presentation about the outdoor advertising industry and
discussing possible changes to the City's present sign
ordinance. He explained that the idea of a presentation and
discussion regarding the sign ordinance was reviewed by the
Planning Commission on March 23, 1978 and it was the
consensus of the Commission that since no major changes in
the sign ordinance were necessary, the presentation would
not be warranted. He stated that if the City Council is open
to the idea of possibly modifying the sign ordinance, he
will respond to the inquiries and make the necessary arrange-
ments for the presentation. He pointed out that, if on the
other hand, the Council is not interested in modifying the
present sign ordinance he will respond to the inquiries by
relating the Council's position with respect to this matter.
Councilmember Scott stated that she had no interest in
changing the sign ordinance at this time.
She stated that the Brooklyn Center sign ordinance is considers
to be a model of what a good sign ordinance should be and
that based on her past experience, serving on the Planning
Commission, she did not feel it would be justified to modify
the sign ordinance. She added that for this reason she did
not feel a presentation from the sign industry would be
warranted.
Councilmember Lhotka concurred with Councilmember Scott
and stated that he did not at this time feel it was necessary
to have a presentation from the sign industry.
Councilmember Fignar disagreed and stated that this business
should have an opportunity to present its opinions to the
City Council with respect to outdoor advertising. He added
that lie felt the Council should, as a matter of policy, listen
to any legitimate business request that might be brought to
-13- 4-10-78
the .'ity Council.
Councilmember Kuefler commented that he somewhat
agreed with Councilmember Fignar's point but that he felt
the impetus should be from Brooklyn Center businesses,
He explained that if the Chamber of Commerce in Brooklyn
Center had requested the Council to listen to such a sign
presentation and to consider possible amendments to the
City sign ordinance, that he would be more inclined
_to hear the matter. He added that because the request
does not come from local business groups he did
not feel the request was necessarily warranted.
Councilmember Lhotka clarified his previous statement
by stating he is not in favor of modifying the current sign
ordinance and, therefore, does not feel the presentation
needs to be reviewed. He pointed out that he is not
necessarily opposed to hearing a presentation,
Councilmember Fignar again reiterated his comments
that the Council should listen to such a presentation
as long as it is coming from a legitimate business
Councilmember Kuefler stated that if the initiative is
from local businesses he would favor hearing such a
presentation.
Following further discussion there was a motion by Action Directing Response
Councilmember Kuefler and seconded by Councilmember to Inquiries
Lhotka to direct the City Manager to convey to the
Naegele Outdoor - Advertising Company that the City
Council is not receptive to an outdoor advertising
presentation and possible sign ordinance modifications
unless the initiative is from local business groups.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Lhotka, and Scott. Voting against: Councilmember Fignar.
The motion passed.
Mayor Nyquist introduced the next item of business on Volunteer Recognition
the agenda by stating that the City has been asked to Week
contribute to a program designed to recognize and honor
Minnesota's many fine volunteers by proclaiming the
week of April 16 through April 22, 1978 as Volunteer
Recognition Week in Brooklyn Center, He explained
that a draft resolution to this effect has been distributed
to members of the City Council for their review,
The City Manager suggested that as part of this recog-
nition week it might be appropriate to send a letter of
appreciation to the many volunteer organizations in
Brooklyn Center,
Councilmember Kuefler suggested that such a letter
of appreciation could be included with the Mayor's
letter asking various civic groups and organizations
to invite the Park and Recreation Commission to make
a presentation regarding the park development plan,
Councilmember Scott stated that she felt letters of
appreciation should also be sent to the various advisory
commissions and to pay particular attention that the
neighborhood advisory groups of the Planning Com-
mission and the Park Service Area Committees of the
Park and Recreation Commission be contacted as well.
4-10-78
-14-
RESOLUTION Member Tony Kuefler introduced the following resolution and
NO. 78 -66 moved its adoption:
RESOLUTION PROCLAIMING THE WEEK OF APRIL 16 THROUGH
APRIL 22, 1978 AS VOLUNTEER RECOGNITION WEEK IN
BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was
duly seconded by member Celia Scott, and upon vote being
taken thereon, the following voted in favor thereof: Dean
Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia
Scott; and the following voted against the same: none,
whereupon said resolution was declared duly passed and
adopted.
Action Directing Motion by Councilmember Kuefler and seconded by Council-
the Conveying of member Scott to direct the City Manager to send copies of
Appreciation the resolution. proclaiming Volunteer Recognition Week in
Brooklyn Center to members of the City advisory and Charter
Commissions and to also send copies of the resolution along
with the Mayor's letter regarding the Park and Recreation
Commission presentation, Voting in'favor: Mayor Nyquist,
Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none. The motion passed unanimously.
Joint Maintenance The City Manager reported that at the last City Council meeting
of Environmental concerns were raised about the maintenance of various trails
Preserve and walkways in the Brooklyn Center - Crystal Environmental
Preserve. He explained that he has contacted the City of
Crystal regarding joint maintenance of these facilities and
that he recommends that the City Council authorize him to
provide maintenance for the Environmental Preserve jointly
with the City of Crystal.
Action Authorizing Following a brief discussion there was a motion by Council -
Joint Maintenance member Lhotka and seconded by Councilmember Fignar to
authorize maintenance of the Environmental Preserve jointly
with the City of Crystal. Voting in favor: Mayor Nyquist,
Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none. The motion passed unanimously,
Councilmember Kuefler left the table at 9:51 p.m.
Final Plat Approval Motion by Councilmember Fignar and seconded by Council-
(Cison Addition) member Lhotka to approve the final plat for the Cison Addition
located at the northeast quadrant of Camden and 62nd Avenues
North. Voting in favor: Mayor Nyquist, Councilmembers
Fignar, Lhotka, and Scott. Voting against: none. The
motion passed. Councilmember Kuefler was away from tho
table at the time of the vote.
Licenses Motion by Councilmember Scott and seconded by Councilmember
Lhotka to approve the following list of licenses:
FOOD ESTABLISHMENT LICENSE
Delmark Food Processing 8600 Shingle Creek Pkwy
HOL:iSEMOVER'S LICENSE
Prodger Housemovers 236 Cleveland
Safeway Housemovers, Inc. 23590 Jamaca
ITINERANT FOOD ESTABLISHMENT LICENSE
Tamara Baumgart 1612 71st live. No.
Evergreen Park School 7020 Dupont Ave. No.
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MECHANICAL SYSTEM'S LICENSE
Advanced Heating 7805 Beach St, N.E.
Air Comfort Inc. 3944 Louisiana Circle
Allan Heating & Air Conditioning 5200 Eden Circle
Berghorst Plumbing & Heating 10732 Hanson Blvd.
A Binder & Son, Inc. 120 E. Butler Ave.
Blaine Heating 10301 University Ave.
C .O. Carlson Air Conditioning 709 Bradford Ave. No,
Cool Temp, Inc. R. R. #1
Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd.
Don's Air Conditioning & Heating 3903 Foss Rd. N.E.
Faircon, Inc. 1955 W. Cty. Rd. B2
Frank's Heating & Air Conditioning 3107 California St. N.E.
Gas Supply, Inc. 2238 Edgewood Ave. So.
Golden Valley Air Conditioning 5182 West Broadway
Harris Mechanical Contracting Co. 2300 Territorial Road
Horwitz Mechanical, Inc. 1411 11 th Ave. So.
Lakeland North Heating & Air Cond. 15821 Hedgehog St. N.W.
Minnesota Gas Company 733 Marquette Ave.
Northeast Sheet Metal, Inc. 4347 Central Ave. N.E.
Northland Mechanical Contractors 7100 Madison Ave. W.
Pump & Meter Service, Inc. 2711 E. Franklin Ave.
Quality Refrigeration, Inc. 7715 Pillsbury Ave. So.
Royalton Heating & Cooling Co. 4120 85th Ave. No.
G. Sedgwick Heating & Air Cond. 1001 Xenia Ave. So.
Sheridan Sheet Metal Co. 4115 Quebec Ave. No.
Standard Heating & Air Conditioning 410 W. Lake St.
Superior Contractors, Inc. 6121 42nd Ave. No.
Thompson Air Conditioning 5115 Hanson Court
The Tinn Shoppe, Inc. 110 Hamel Road
Trane Home Comfort Center 880 Colorado Ave. So.
Fred Vogt & Co. 3260 Gorham Ave.
Ray Welter Heating Co. 4637 Chicago Ave.
West End Air Conditioning Co. 6408 Cambridge St.
Yale, Inc. 3012 Clinton Ave. So.
MOTOR VEHICLE DEALERSHIP LICENSE
Brookdale Motors, Inc.
Brookdale Chrysler Plymouth, Inc. 6121 Brooklyn Blvd.
Iten Chevrolet 6701 Brooklyn Blvd.
North Star Dodge 6740 Brooklyn Blvd.
Pontiac of Brookdale 6801 Brooklyn Blvd.
NO VENDING MACHINE LICENSE
Malmborg's, Inc. 5120 N. Lilac Dr.
Venus Distributing 7035 Washington So.
Venus Water Beds Westbrook Mall
SIGN HANGER'S LICENSE
Kaufman Sign Co. 315 N. Washington
Lawrence Sign Co. 945 Pierce Butler Rt.
Naegle Outdoor Advertising 1700 W. 78th St.
SWIMMING POOL LICENSE
Beach Apartments 4201 Lakeside Ave. No.
Brooklyn Center Community Center 6301 Shingle Creek Pkwy
Earle Brown Farm Apartments 6100 Summit Drive
European Health Spa 2920 County Rd. 10
Evergreen Park Manor 7200 Camden Ave. No.
Garden City Court Apartments 3407 65th Ave. No.
Hi Crest Apartments 1300 67th Ave. No.
Holiday Inn 1501 Freeway Blvd.
Lyn River Apartments 201 65th Ave. No.
Moorwood Homeowners Associates 5801 Shores Drive
4 -10 -78 -16-
i
Voting in favor.: Mayor Nyquist, Councilmembers Fignar,
Lhotka, and Scott. Voting against: none. The motion passed.
Councilmember Kuefler was away from the table at the time of
the vote.
Councilmember Kuefler returned to the table at 9:53 p.m.
Adjournment Motion by Councilmember Fignar and seconded by Council-
member Scott to adjourn the meeting. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka,
and Scott. Voting against: none. The motion passed unani-
mously. The Brooklyn Center City Council adjourned at
9 :54 p.m.
C f erk Mayor.
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