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HomeMy WebLinkAbout2001 01-08 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 JANUARY 8, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the informal open forum at 6:42 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Community Development Director Brad Hoffman, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Steve Wacha, 5724 Girard Avenue North, Tim Burns, 4245 France Avenue North, and Darrel Fehrman, 7936 Brunswick Court, addressed the Council to discuss the American Legion Post No. 630 relocation and to request help from the Economic Development Authority with relocating and financing. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Nelson to adj ourn informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered the invocation. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a ceremonial Oath of Office to Councilmember Lasman and Councilmember Peppe. 3. CALL TO ORDER REGULAR BUSINESS MEETING 01/08/01 -1- The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:04 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Peppe reported on the discussions held at Legislature /City Officials meeting that he and Mayor Kragness attended on January 6, 2001. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested that the agenda be amended to include the following language for item 9n, Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Year 2001. Councilmember Peppe requested that item 9o, Staff Report Re: New Cable Franchises include a Resolution Amending the Right -of -Way Fee Schedule. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes from the December 4, 2000, Truth in Taxation Budget Hearing, December 11, 2000, Continuation Truth in Taxation Budget Hearing, December 11, 2000, study and regular sessions, and December 21, 2000, special session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. BOWLING ALLEY Earle Brown Lanes 6440 James Circle 01/08/01 -2- COURTESY BENCH U.S. Bench Corporation 3300 Snelling Avenue, Minneapolis GASOLINE SERVICE STATION B.C. Municipal Garage 6844 Shingle Creek Parkway B.C. Service Center, Inc. 6849 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Avenue North Christy's Auto Service 5300 Dupont Avenue North Hark's Company, Inc. 1505 69 Avenue North Holiday Stationstore 420 66 Avenue North Humboldt Unocal 76 6840 Humboldt Avenue North Iten Chevrolet Company 6701 Brooklyn Boulevard Metropolitan Transit 6845 Shingle Creek Parkway Speedway SuperAmerica 1901 57 Avenue North Speedway SuperAmerica 6545 West River Road Terry Presler Amoco 6044 Brooklyn Boulevard PUBLIC DANCE Earle Brown Lanes 6440 James Circle Hilton Hotel 2200 Freeway Boulevard RENTAL Renewal: 1510 69 Ave N George Hanson 131272 nd Ave N Curtis Cady 6915 Brooklyn Blvd Curtis Cady 5630 Bryant Ave N John Bunch 5818 Humboldt Ave N Richard Olson 1543 Humboldt Place Kwi -Ha Wong 1537 Humboldt Place Kwi -Ha Wong 5909 June Ave N Janine Atchison River Glen Apartments Gary & Rita Brummer 5300 -04 Vincent Ave N Patricia Beier Willow Lane Apartments Miller Management Company Initial: 6721 5 th Street N Mathew Bolen Evergreen Park Manor Korey Bannerman 5806 Emerson Ave N Robert Lindahl 4110 Lakebreeze Ave Dudley and Joy Peno TAXICAB Ahmed Farah 12 East Franklin Ave. S., Minneapolis Harley Fong 1932 Timberwolf Trail, Eagan 01/08/01 -3- TOBACCO RELATED PRODUCT American Legion Post 630 4307 70 Avenue North B.C. Municipal #1 5625 Xerxes Avenue North B.C. Municipal #2 1966 57` Avenue North Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69` Avenue North Cub Foods 3245 County Road 10 Earle Brown Lanes 6440 James Circle Hilton Hotel 2200 Freeway Boulevard Holi Deli Commissary #610 1700 Freeway Boulevard Holiday Stationstore 420 66"' Avenue North Humboldt Texaco 6840 Humboldt Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard SuperAmerica #4058 1901 57` Avenue North SuperAmerica #4160 6545 West River Road T.G.I. Friday's 2590 Freeway Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard Tobacco Boulevard, Inc. 6300 Brooklyn Boulevard Tobacco Castle, Inc. 5625 Xerxes Avenue North Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Value Food 6804 Humboldt Avenue North Walgreens 6390 Brooklyn Boulevard 6c. PERFORMANCE BOND RELEASE FOR WICKES DISTRIBUTION CENTER, 4837 AZELIA AVENUE NORTH A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve a I performance bond release for Wickes Distribution Center, 4837 Azelia Avenue North. Motion passed unanimously. 6d. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO. 2001 -01 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6e. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF 01/08/01 -4- DIRECTORS OF HENNEPIN RECYCLING GROUP RESOLUTION NO. 2001 -02 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6f. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 RESOLUTION NO. 2001-03 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6g. RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK AND AUTHORITING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 99 -B, LIFT STATION NOS. 8 AND 9 REPLACEMENT RESOLUTION NO. 2001 -04 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK AND AUTHORITING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 99 -B, LIFT STATION NOS. 8 AND 9 REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember 01/08/01 -5- Peppe. Motion passed unanimously. 6h. RESOLUTION AMENDING THE 2001 ENGINEERING SERVICES BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2000 ENGIENERING SERVICES BUDGET RESOLUTION NO. 2001-05 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2001 ENGINEERING SERVICES BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2000 ENGIENERING SERVICES BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6i. AN ORDINANCE VACATING THE TH 252 SERVICE ROAD FROM 65 TO 66 AVENUE NORTH A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading of an ordinance vacating the TH 252 service road from 65 to 66 Avenue North and set second reading and public hearing for February 12, 2001. Motion passed unanimously. 6j. RESOLUTION APPROVING LETTER OF AGREEMENT FOR MODIFICAITON OF THE LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49 RESOLUTION NO. 2001-06 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING LETTER OF AGREEMENT FOR MODIFICAITON OF THE LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6k. RESOLUTION ESTABLISHING THE CITY'S DEPARTMENTS AND AMENDING THE 2001 PAY PLAN RESOLUTION NO. 2001 -07 01/08/01 -6- Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE CITY'S DEPARTMENTS AND AMENDING THE 2001 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 61. REGULATION OF USE OF CITY PROPERTY A motion by Councilmember Lasman, seconded by Councilmember Peppe to table this item to the February 12, 2001, meeting. Motion passed unanimously. 7. CONSIDERATION OF PRIVATE KENNEL LICENSE FOR CRAIG AND JEANNE O'BRIEN, 6730 DREW AVENUE NORTH City Manager Michael McCauley discussed that the private kennel license for Craig and Jeanne O'Brien, 6730 Drew Avenue North, will expire on January 10, 2001, and is being considered for renewal for another year to keep three dogs. In checking with the Police Department there had been no complaints regarding the dogs. No one wished to address the Council regarding this private kennel license renewal. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve a private kennel license renewal for one year to expire on January 10, 2002. Motion passed unanimously. 8. PLANNING COMMISION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2000-023 SUBMITTED BY BLUMENTALS /ARCHITECTURE, INC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 1,829 SQ. FT. ADDITION TO THE BUILDINGS AT 5001 DREW AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS DECEMBER 14, 2000, MEETING. Mr. McCauley discussed that the Planning Commission reviewed Planning Commission Application No. 2000 -023 for plan approval of a 1,829 square foot addition connecting two existing structures located at 5001 Drew Avenue North and that the Planning Commission recommended approval subject to the following conditions: 1. The building plans are subj ect to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 01/08/01 -7- i I 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The entire building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to an central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 11. The plans shall be modified prior to issuance of building permits to provide a minimum of 50 feet between the accesses on Drew Avenue. 12. The landscape plan shall be modified to provide additional shrubs for screening purposes along the north side of the site, to include planting of lilacs to the west of the existing plants. The landscaping screening, as revised, is deemed to be appropriate screening meeting the intent of the City Ordinance for screening between a service /office use and R -1 zoned property. 13. The owner of the property shall enter into a restrictive covenant, as approved by the City Attorney, limiting the occupancy of the building to that comprehended by available parking. Said covenant shall be filed as a deed restriction with the title to the property at 01/08/01 -8- Hennepin County. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2000 -023 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DEBRA HILSTROM FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Councilmember Lasman read the resolution expressing recognition and appreciation of Debra Hilstrom for her dedicated public service as Council Member RESOLUTION NO. 2001-08 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DEBRA HILSTROM FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9b. RESOLUTION CALLING SPECIAL ELECTION TO FILL A COUNCIL VACANCY Mr. McCauley discussed that this resolution would call for a special election to fill a Council vacancy and complies with Section 2.05a of the City Charter and sets the date of May 1, 2001, and April 17, 2001, for the special primary election if necessary. The resolution also sets the dates for filing affidavits of candidacy from 8:00 a.m., Tuesday, February 6, 2001, until 5:00 p.m., Tuesday, February 20, 2001. RESOLUTION NO. 2001-09 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING SPECIAL ELECTION TO FILL A COUNCIL VACANCY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9c. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING 01/08/01 -9- MAYOR PRO TEM Mayor Kragness requested approval of her nomination of Kay Lasman as Mayor Pro Tem, and Bob Peppe as Acting Mayor Pro Tem. A motion b Councilmember be Peppe, seconded b Councilmember Lasman Y pp , y m as an to approve Kay Lasman as Mayor Pro Tem and Bob Peppe as Acting Mayor Pro Tem. Motion passed unanimously. 9d. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS Mayor Kragness read the following names for those wh Y se o were to be recognized for serving on City g g g g Y Advisory Commissions: Donald Arm, Housin g Commission 6/9/97 — 5/16/00 Muhammad Okoya - Lawal, Housing Commission 12/14/98 — 5/16/00 John Solomon, NWHHSC Advisory Commission 9/14/98 — 12/31/00 RESOLUTION NO. 2001 -10 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9e. MAYORAL APPOINTMENTS OF COUNCIL LIAISONS TO CITY COMMISSIONS FOR 2001 1. FINANCIAL COMMISSION 2. HOUSING COMMISSION 3. REGIONAL HUMAN RIGHTS COMMISSION 4. PARK AND RECREATION COMMISSION 5. NW SUBURBS CABLE COMMUNICATIONS COMMISSION Mayor Kragness requested approval of her nominations to the following Commissions: Financial Commission Councilmember Peppe 01/08/01 -10- Housing Commission Councilmember Nelson Regional Human Rights Commission Councilmember Lasman Park and Recreation Commission Councilmember Lasman NW Suburbs Cable Communications Commission Councilmember Nelson A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the above listed nominations. Motion passed unanimously. 9f. MAYORAL APPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Kragness requested approval of her nominations to the following City Advisory Commissions: Financial Commission Jerald Blarney 7136 Willow Lane North Mark Nemec 5538 Camden Avenue North Housing Commission Kathleen Carmody 7024 Knox Avenue North Ernie Erickson 6800 Drew Avenue North Martin Frawley 6219 Chowen Avenue North Park and Recreation Commission John Russell 5312 North Lilac Drive Thomas Shinnick 5324 Oliver Avenue North Planning Commission Graydon Boeck 5601 Indiana Avenue North Sean Rahn 5740 Irving Avenue North Dianne Reem 6225 Chowen Avenue North Tim Willson 7007 Dallas Road Northwest Suburbs Cable Communications Commission Rex Newman 3107 61S Avenue North A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve the above listed nominations. Motion passed unanimously. 9g. APPOINTMENT OF COUNCIL MEMBER TO SERVE AS CITY REPRESENTATIVE 1. LEAGUE OF MINNESOTA CITIES 2. NORTH METRO MAYORS ASSOCIATION 3. NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 4. ASSOCIATION OF METROPOLITAN MUNICIPALITIES 01/08/01 -11- 5. CRIME PREVENTION PROGRAM Mayor Kragness requested approval of her nominations to the following: League of Minnesota Cities Councilmember Peppe North Metro Mayors Association Mayor Kragness Northwest Suburbs Cable Communications Commission Councilmember Nelson Association of Metropolitan Municipalities Councilmember Nelson Crime Prevention Program Councilmember Lasman It was the consensus of the Council to approve the above listed nominations. 9h. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS There was no discussion on this item. This item is an annual readoption to declare commitment to the Brooklyn Center City Charter, pledging fair treatment of employees, declaring against conflicts of interest and misuse of positions. RESOLUTION NO. 2001-11 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9i. DONATION TO BROOKLYN CENTER FIRE DEPARTMENT FROM THE FAMILY OF GARY AND MICKIE KOERNER Mr. McCauley discussed that the Brooklyn Center Fire Department received a very generous donation of $21,490 from the family of Gary and Mickie Koerner for a Thermal Imaging Camera and a couple of LifePak AED's or heart start units if there is enough money. A motion by Councilmember Lasman, seconded by Councilmember Nelson to accept the donation. Motion passed unanimously. 01/08/01 -12- 9j. RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY, AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5525 MORGAN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, 55430 LEGALLY DESCRIBED AS LOT 5, BLOCK 2, FRANZEN'S 2 ND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA Mr. McCauley discussed this resolution would order the razing and removal of a hazardous building and further for the abatement of public nuisances, safety, and health hazards and other ordinance and statutory violations at 5525 Morgan Avenue North. RESOLUTION NO. 2001-12 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY, AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5525 MORGAN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, 55430 LEGALLY DESCRIBED AS LOT 5, BLOCK 2, FRANZEN'S 2"D ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. At this time Mayor Kragness requested the Council return to City Council agenda item 8a, Planning Commission Application No. 2000 -023 Submitted by Blumentals /Architecture, Inc. Request for site and building plan approval for a 1,829 square foot addition to the buildings at 5001 Drew Avenue North. The Planning Commission recommended approval of this application at its December 14, 2000, meeting. This was a request from a citizen that wanted the opportunity to speak regarding the issue. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council regarding her concern with the approval of the resolution for Planning Commission Application No. 2000 -023 and requested that the action of approval for the resolution be postponed until the MPCA has submitted their comments regarding the Highway 100 project. Mr. McCauley advised that the property was zoned for its use and the application was in order. The Council had to act on the application within a limited time by State Law and could not deny an 01/08/01 -13- i application that was in compliance with the City Code. No action was taken and the Council meeting continued on with agenda item 9k. 9k. RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 2000 Mr. McCauley discussed this resolution would appoint Deloitte and Touche to conduct the City audit for the year ended December 31, 2000. RESOLUTION NO. 2001-13 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 2000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 91. RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER PROLIFERATION OF LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED OFF -SALE LIQUOR STORES Mr. McCauley discussed this resolution would oppose the concept of allowing liquor sales from dispensaries other than duly authorized off -sale liquor stores. The Minnesota State Legislature will consider legislation that would allow wine sales in grocery stores and Chief of Police Joel Downer had submitted a memo in opposition that included concerns of control with alcoholic beverages being sold to underage drinkers, shoplifting, and after hours of sales. Mr. McCauley informed the Council that a request to participate in a lobbying effort would come before the Council at a later date. RESOLUTION NO. 2001-14 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER PROLIFERATION OF LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED OFF -SALE LIQUOR STORES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9m. SET DATES FOR 2001 CITY COUNCIL RETREATS 01/08/01 -14- Mr. McCauley requested that the Council set January 23, 2001, starting at 2:00 p.m., and August 11, 2001, starting at 8:30 a.m. for the City Council Retreats. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve January 23, 2001, and August 11, 2001, for the City Council Retreats. Motion passed unanimously. 9n. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2001 Mr. McCauley discussed that this resolution would approve the contract for LELS for all the contract items for 2001 that would provide the following: • General wage increase of 3 percent. • Increase of longevity and educational incentives of between $25 and $30 per month. • Includes the drug task force detective in the increased on -call pay (from $100 per month to $125 per month). • Provides for removal from a personnel file of discipline for one instance of tardiness or missed training or court, if that is the only discipline during an 18 month period following imposition of discipline for missing a training or court date or tardiness. RESOLUTION NO. 2001-15 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH LAW ENFORCEMENT LABOR SERVICES LOCAL 82 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 90. RESOLUTION AMENDING THE RIGHT -OF -WAY FEE SCHEDULE AND REPORT ON CABLE FRANCHISE REVIEW Mr. McCauley reported on the cable franchise review that was provided in the materials and discussed that the addition of the Resolution to Amend the Right -of -Way Fee Schedule would reflect changes in the Model Ordinance since the ordinance was adopted and also addresses additional concerns that the cable system installations have raised. There will be a first reading of an ordinance amendment on the January 22, 2001, agenda RESOLUTION NO. 2001 -16 01/08/01 -15- Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE RIGHT OF WAY FEE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the City Council meeting at 7:36 p.m. Motion passed unanimously. City Clerk Mayor 01/08/01 -16-