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HomeMy WebLinkAbout1994 04-25 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 25, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Public Works Coordinator Diane Spector, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, Community Development Specialist Tom Bublitz, Community Development Director Brad Hoffman, City Engineer Mark Maloney, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. OPENING CEREMONIES The invocation was observed with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Councilmember Barb Kalligher announced Brooklyn Center has received the Tree USA award. She said the City was recently given the award and a flag at a ceremony which she attended. The City Manager explained the flag will be flown outside City Hall on an alternating basis with other flags, and there will soon be space available in City Hall to display the award. Mayor Paulson announced Tuesday, May 19 will be an AIDS awareness seminar which was designed by a citizen. He said it will be held at the substation and added he hopes many people in Brooklyn Center will share their talents in this way in the future. 4/25/94 - 1 - APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Mann asked for removal of agenda items 13b and 13g. Councilmember Scott asked for removal of agenda item 7b. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the April 25, 1994, agenda and consent agenda without items 13b, 13g, and 7b. The motion passed unanimously. APPROVAL OF MINUTES APRIL 11, 1994 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the minutes of the April 11, 1994, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -82 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1994 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1994-22, CONTRACT 1994 -C The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -83 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1994 -B (PEDESTRIAN BRIDGE REPAIRS AT CENTERBROOK GOLF COURSE, IMPROVEMENT PROJECT NO. 1993 -21) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 4/25/94 - 2 - RESOLUTION NO. 94 -84 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT AND i COOPERATIVE AGREEMENT, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -85 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ADMINISTRATIVE ORGANIZATIONAL STRUCTURE AS RECOMMENDED BY THE FINANCIAL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the following list of licenses: MECHANICAL SYSTEMS Blaine Heating, A/C, and Electric, Inc. 13562 Central Ave. NE Delmar Furnace Exchange 4080 83rd Ave. N. Egan & Sons Co. 7100 Medicine Lake Road Gilbert Mechanical Contractors, Inc. 4451 West 76th Street Minnesota Heating & A/C 10701 93rd Ave. N., Suite B Modern Heating & A/C, Inc. 2318 First Street NE Owens Services Corporation 930 East 80th Street Thermex Corporation 4850 Park Glen Road Triple D Heating & A/C Co., Inc. P.O. Box 113, Long Lake RENTAL DWELLINGS Initial: Gary Radke 5245 Drew Ave. N. Renewal: Northport Properties 5401 Brooklyn Blvd. Duane Orn 5407 Brooklyn Blvd. Boulevard Properties 5837 Brooklyn Blvd. Christian Knutson 5200 France Ave. N. Martha Lahti 5316 Knox Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. 4/25/94 -3- RENTAL DWELLINGS - CONTINUED Renewal: Steve Loechler 5736 Logan Ave. N. Barbara and Maurice Moriarty 2825 67th Lane N. SIGN HANGER Arrow Sign Co. 18607 Highway 65 NE Demars Signs 4040 Marshall Street NE Nordquist Sign Company, Inc. 312 West Lake Street The motion passed unanimously. APPROVAL OF MINUTES - CONTINUED _ APRIL 6, 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of April 6, 1994, special work session as printed. Councilmember Mann abstained. The motion passed unanimously. _MARCH 28. 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the minutes of March 28, 1994, regular session as printed. Councilmember Scott abstained from voting because of her absence from the meeting. The motion passed unanimously. MAYORAL APPOINTMENTS AD HOC CITY COMMUNICATIONS TASK FORCE Mayor Paulson stated two openings exist on the ad hoc City Communications Task Force and there are two applicants. He added both applicants are long -time Brooklyn Center resident H s. easked f r o confirmation a on of Bernie Gaffney P Y and Phillip Gray as members of the committee. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to confirm the appointments of Bernie Gaffney, 5918 Upton Avenue North and Phillip Gray, PP Y� P � P Y, 6919 Regent Avenue North, to the ad hoc City Communications Task Force. The motion passed unanimously. Mayor Paulson asked for confirmation of his appointment of Task Force Member Dawn Sommers as Chairperson of the ad hoc City Communications Task Force. He also asked for confirmation of his appointment of Task Force Member William Alexander as Vice Chairperson of the ad hoc City Communications Task Force. 4/25/94 -4- i There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to confirm the appointments of Dawn Sommers, 5315 Lyndale Avenue North, and William Alexander, 5408 71st Circle North, as Chairperson and Vice Chairperson, respectively, of the ad hoc City Communications Task Force. I Councilmember Scott asked Mayor Paulson whether Task Force Members Dawn Sommers and William Alexander have agreed to these appointments. Mayor Paulson stated Dawn Sommers has agreed and William Alexander has not been contacted. The motion passed unanimously. HUMAN RIGHTS AND RESOURCES COMMISSION Mayor Paulson stated there were four applicants for one position on the Human Rights and Resources Commission. He stated one applicant, John Henry, of the Southwest community, has a good background, has been on many committees and boards, and is a member of several organizations which dovetail well with the Commission. Mayor Paulson requested confirmation of the appointment of John Henry to the Human Rights and Resources Commission. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to confirm the appointment of John Henry to the Human Rights and Resources Commission. Councilmember Rosene commented he was impressed with the quality of the applicants and their wealth of talent. He added John Henry seemed to be uniquely qualified to fill this position. The motion passed unanimously. TRI -CITY AIRPORT COMMISSION Mayor Paulson asked the City Manager to update the Council on the Tri-City Airport Commission. The City Manager explained currently Councilmember Mann and City Manager Gerald Splinter are appointees to the Tri -City Airport Commission. He added the commission initially required an administrative member but that is no longer the case. The City Manager stated he is willing to resign from the commission since a citizen, Jerry Pedlar, has offered to serve on the commission. Councilmember Rosene commented the City Manager serves in many capacities. He stated since Jerry Pedlar is qualified and familiar with the commission, he would agree to the appointment. Mayor Paulson requested confirmation of the appointment of Jerry Pedlar to the Tri -City Airport Commission. 4/25/94 -5 - There was a motion by Councilmember Scott and seconded by Councilmember Mann to confirm the appointment of Jerry Pedlar to the Tri -City Airport Commission. The motion passed unanimously. PUBLIC HEARING ON PROPOSED MODIFICATION OF THE EARLE BROWN FARM REDEVELOPMENT PROJECT NO. 1 The City Manager presented a Resolution Approving Modification to Project Plan for Housing Development and Redevelopment District No. 1 (formerly the Earle Brown Farm Redevelopment Project Area). The City Manager recommended before holding the public hearing, the Council should adjourn and convene the EDA meeting to take action on EDA Resolution No. 9al. He continued the Council may then reconvene and take action on this Council Resolution. The City Manager called upon Community Development Specialist Tom Bublitz to introduce the project. The Community Development Specialist explained the hearing is to discuss and modify the project area and Brookwood project. He said the proposal is to expand the existing project areas to include the entire City except for the extreme northeast corner. He added the Planning Commission had reviewed the modification project plan and affirmed it was consistent with the City's Comprehensive Plan. The Community Development Specialist announced representatives from Publicorp, Kristin Hansen and Mark Ruff, were present at this meeting. Councilmember Kalligher asked why the northeast corner of the City is excluded from the district. The Community Development Specialist answered the northeast corner of Brooklyn Center is the least likely area to require a project with this funding. Councilmember Mann commented there are, indeed, areas in the northeast corner which will need redevelopment because of storm drainage. She also stated it would be beneficial to attempt to have the entire City in the district. The City Manager stated the projects in the northeast corner would come under funding for storm water redevelopment, which is not the same funding. Councilmember Mann inquired if this includes land acquisition. The City Manager responded affirmatively. Mayor Paulson opened the meeting for the purpose of a public hearing on the proposed modification of the Earle Brown Farm Redevelopment Project No. 1 at 7 :16 p.m. He inquired if there was anyone present who wished to address the Council. There being none, Mayor Paulson asked for a motion to close the public hearing. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing. The motion passed unanimously. 4/25/94 -6- RECESS There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to recess the City Council meeting to be reconvened following a short meeting of the EDA. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:18 p.m. I RECONVENE Mayor Paulson reconvened the meeting at 7:19 p.m. RESOLUTION NO. 94 -86 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING MODIFICATION TO PROJECT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT DISTRICT NO. 1 (FORMERLY THE EARLE BROWN FARM REDEVELOPMENT PROJECT AREA) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. PLANNING COMMISSION ITEM The City Manager presented Planning Commission Application No. 94002 submitted by Brookdale Car Wash requesting a special use permit and site and building plan approval to construct a 5,149 square foot addition to the car wash at 5500 Brooklyn Boulevard. The Planning and Zoning Specialist presented the staff report and reported this application was recommended for approval by the Planning Commission at its April 14, 1994, meeting. The Planning and Zoning Specialist explained that one concern was stacking but it appears as though the plan supports adequate parking space. He also mentioned the plan calls for a revision to the landscape plan. He said the landscaping plan does meet the requirements for the conditions and also meets the point system the Planning Commission uses to evaluate landscape plans. The Planning and Zoning Specialist noted a public hearing was held by the Planning Commission, which then recommended approval of the plan subject to 15 conditions. The Planning and Zoning Specialist mentioned notices have been sent to surrounding property owners. He added Mr. Graham and his architect are present at this meeting. Councilmember Scott complimented Mr. Graham on the quality of his car wash and his cooperation with the City. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve Planning Commission Application No. 94002 submitted by Brookdale Car Wash for special use permit and site and building plan approval to construct a 5,149 square foot 4/25/94 -7- addition to the Brookdale Car Wash at 5500 Brooklyn Boulevard subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permit. 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 by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a 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 property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. On site traffic control signs shall be installed and maintained by the applicant. Said signs shall be constructed in accordance with the Highway Commissioner's Manual on Uniform Traffic Control Signs. 12. Any icing problems on the private roadway or public streets caused by the car wash operation shall be corrected immediately by the applicant. 13. The amended special use permit is granted to the applicant for an expanded car wash at 5500 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require additional amendments to this special use permit. 14. The special use permit is subject to all applicable codes, ordinances and regulations, an violations thereof could be rounds for revocation. Y g 15. Within one year, the applicant shall provide an updated landscaping plan consistent with the landscaping enhancements recommended by the Brooklyn Boulevard task force. Mayor Paulson asked Mr. Graham whether the new car wash would result in additional jobs. Mr. Graham stated that a few jobs would be added but of course it is a seasonal business. He said there will be 10 jobs in the summer and six in the winter. The motion passed unanimously. 4/25/94 -8- Councilmember Mann expressed appreciation to Mr. Graham for reinvesting in Brookl xr rr s m Center. ORDINANCE I` The City Manager presented An Ordinance Vacating Part of a Sanitary Sewer Easement, Tract A, Registered Land Survey No. 1377, 2700 Freeway Boulevard. He stated this Ordinance is presented tonight for a first reading. The City Engineer explained this ordinance is basically a housekeeping item. He said the City had intended to take this action in 1982 but some gaps have been discovered in legal descriptions and title work concerning the utility easements which are causing problems with the owner's refinancing efforts. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve first reading of An Ordinance Vacating Part of a Sanitary Sewer Easement, Tract A, Registered Land Survey No. 1377, 2700 Freeway Boulevard. The motion passed unanimously. DISCUSSION ITEMS LEGISLATIVE UPDATE The City Manager stated the current house bills are not as favorable as the senate bills on several issues, including tax increment financing. He stated even if the senate and the house can agree, the governor may veto so no action may be taken. He stated any action should occur in the next three to five days, but it is a changing situation. ARBOR DAY /ARBOR MONTH The City Manager presented a Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA. The Public Works Coordinator announced Brooklyn Center has received the Tree City USA award for the second consecutive year. She said City representatives received the award last week from Lieutenant Governor Jonelle Dyrstad. The Public Works Coordinator stated requirements for the designation are to issue a proclamation and to host an Arbor Day celebration. She asked the Council to proclaim Friday, April 29, as Arbor Day and the Month of May as Arbor Month. The Public Works Coordinator said the Arbor Month celebration has grown from the Adopt -A -Park program. It is planned for mid -May in collaboration with students from the Earle Brown School who have adopted Grandview Park. She urged the students be encouraged in this environmental awareness action. 4/25/94 -9- RESOLUTION NO. 94 -87 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 29, 1994, AS ARBOR DAY AND MAY, 1994, AS ARBOR MONTH IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Barb Kalligher, and the motion passed unanimously. Councilmember Rosene complimented the staff and students at Earle Brown School for being involved in this way and encouraged other schools to follow their example. NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE UPDATE The City Manager stated he was distributing summaries of the applicants for the task force. The Public Works Coordinator stated more applications have recently been submitted. She said all areas are still not represented, but there are applications for the majority of seats to be filled. She suggested two options to the Council: to defer making appointments to the task force and direct staff to readvertise; or to begin the process since some applicants are present at the meeting. She also stated a resolution establishing the task force has been prepared and staff recommends waitin g to act on it. The City Manager added the staff had presumed Brooklyn Park City Council would appoint its own delegates. Councilmember Scott said she felt the Council should forward the Brooklyn Park applications to its Council rather than pre -empt its right to appoint its citizens. The City Engineer stated Brooklyn Park Councilmember Doug Pearson has been approved. She also stated Tim Willson, chair of the Planning Commission, has been approved by the Planning Commission. She requested the Council consider appointing City Engineer Mark Maloney to the task force. 4/25/94 _10- The City Manager reviewed the resolution for establishing the task force which the Council has not had much time to review. He indicated there are more applicants expected and distributed a draft of the resolution. Councilmember Rosene stated he liked the idea of finalizing the resolution in two weeks but feels it is important people who have applied be made aware of their status. He said he would like to hear the opinions of the Council. Councilmember Kalligher inquired about an upcoming work session. The City Manager said there is one. He also stated more people took out applications than returned them but this is not unusual. Councilmember Kalligher stated a couple of people had told her they had applications but did not have time to return them. She said she would like t hold 0 o the item over to a later date. Councilmember Rosene said he would like to be the representative from the Council but because of the time commitment involved suggested someone else volunteer. Councilmember Mann volunteered to be a member of the task force. Mayor Paulson also volunteered to serve on the task force. Councilmember Mann stated she would defer to Mayor Paulson. Mayor Paulson commented the Council should send a representative to the task force meetings. He stated if he could not attend a meeting, another Councilmember could go in his place. The Public Works Coordinator reminded the Council a chairperson is needed for the task force. Mayor Paulson said he thought the membership should be settled, then a chairperson selected from the membership. He suggested waiting for more applications. Councilmember Scott asked Councilmember Kalligher whether the people who had contacted her would be representatives of the Humboldt area, the greater neighborhood, or both. Councilmember Kalligher replied they were for both openings. The City Manager said originally the chair was not to be a member of the task force. The chair was supposed to make the membership an odd number. Mayor Paulson stated he would appoint people who have applied and ask Brooklyn Park City Council to affirm their applicants. He mentioned Frank Slawson is an applicant. He 4/25/94 said he would leave the City Council spot open because he could not appoint himself. He added he would accept Mark Maloney. The Public Works Coordinator clarified the residents who are being appointed at this time are Michael Schwartz, Larry Cuskey, and Terry Precht. Councilmember Rosene suggested appointing Mr. Slawson as the business community representative or as the chair. Mayor Paulson suggested waiting for all applications. Councilmember Rosene expressed thanks to Mr. Slawson. He stated Mr. Slawson would be objective, and Mr. Schwartz is as knowledgeable on this issue as any citizen ever is on an issue. Mayor Paulson stated he would appoint the membership as stated. Councilmember Rosene asked Mayor Paulson how he was appointing Mr. Slawson. Mayor Paulson replied as a business community representative. Councilmember Kalligher stated Mr. Slawson has put in his application and if we appoint him as chair, the Council could then appoint another business person. Mayor Paulson said it is better procedurally to wait until the full membership is established. Councilmember Kalligher stated if the Council intends to hold the issue open it should not appoint any members at this time. Councilmember Scott suggested leaving the chairperson position open and filling one position for the greater neighborhood representative. She said this would still leave two positions open. Mayor Paulson asked the Council to confirm the appointments. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to confirm the appointments to the Northeast Transportation Corridor Task Force. Councilmember Scott stated she would rather defer but action needs to be ongoing with this task force. She added there should be no more advertising. The motion passed unanimously. The City Manager stated the resolution to create the task force would be brought to the next meeting so councilmembers would have time to review it. 4/25/94 - 12 - CITY ATTORNEY SELECTION PROCESS The City Manager said there has been a process followed to select a city attorney. The candidates have been reduced to two firms, Popham Haik and Holmes and Graven. The staff recommendation is Holmes and Graven. Councilmember Scott asked what process is now expected. Mayor Paulson said the process has been completed and the Council should now be in a position to make a decision on the matter. Councilmember Scott commented the selection process was extremely thorough. She said her choice would be to continue to use Holmes and Graven for several reasons. She said she liked the practice of dealing with just one attorney rather than several. She also said Holmes and Graven have kept their budget within bounds and they have done a good job. She said she is concerned since the City is currently involved in several cases, a new firm would need to be "brought up to speed." She said she is also concerned about conflicts of interest. Councilmember Mann stated she also had concerns. She said the interviewing process was educational but its main purpose was to look at saving costs. She said she believes choosing Holmes and Graven is the best way to keep costs down. There was a motion by Councilmember Mann and seconded by Councilmember Scott to retain the firm of Holmes and Graven as City Attorney. Mayor Paulson stated he has seen both firms in action and has seen the levels of service they give. He said in regard to conflict of interest it can happen with any firm. He said he is not concerned about the large size of a firm because the City would be hiring the firm for its depth of knowledge and the complete menu. He added Popham Haik could offer their experience in the private sector. He said he feels the City should seek the best value rather than the cheapest price. He said Popham Haik has innovative ideas, is visionary, is proactive, and is a reasonable cost. He added Popham Haik would be the best value and if the City were dissatisfied later it could always change back. Councilmember Rosene inquired how difficult it would be to change back if the Council were to select Popham Haik and be dissatisfied. Mayor Paulson said it would probably depend on the handling of the situation. Councilmember Rosene stated he has been happy with the service Holmes and Graven has offered. He said in one way he would like to keep Holmes and Graven but in another way he is curious to see if a different style might be more dynamic. Councilmember Mann commented that financial costs of changing back might slow down the process of redevelopment. She said she thinks the Council should keep that in mind. 4/25/94 - 13- Councilmember Scott said more opportunity for conflict of interest could arise since Popham Haik has private sector experience. She stated the firm is innovative but at what cost. In their work for St. Louis Park they had federal money to deal with. She stated she is concerned changing firms would g g ou be one more change in the midst of several changes such as new people on staff. She added Popham Haik had proposed assigning one attorney to the City Council and one attorney to the EDA and she is not in favor of that as they overlap. She said the Council should have faith in its attorney and she has faith in Mr. LeFevere. She added the Holmes and Graven firm has been honored by receiving an award selected by peers. Mayor Paulson said he agrees faith and confidence should be the criteria. He said one reason he reached the conclusion he did was he has worked with both firms. He said he liked Popham Haik's presentation and agrees with the team concept they offer with several attorneys who specialize in different areas. He said he thinks the turnover in staff makes this a good time for a change in attorneys and would help create a new viewpoint for the City. Councilmember Rosene stated he can see both sides of the issue. He said he likes the Holmes and Graven firm but would not be afraid of making a change and added he feels a new firm could "hit the ground running." He said he feels the Council will not lose whichever firm is chosen. Councilmember Kalligher stated the Council had interviewed numerous firms. She is concerned about the City getting the most for its money, and she concurred with Councilmember Scott that there may be a lot of hidden costs with changing to another firm. She would like to see Holmes and Graven continue on as City Attorney. Roll call vote: Councilmembers Kalligher, aye; Mann, aye; Rosene, aye; Scott, aye; Mayor Paulson, nay. The motion passed. Mayor Paulson thanked Mr. LeFevere for his firm's past and future service. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Approving Specifications and Authorizing Advertisement for Bids for the Acquisition of a Liquor Inventory Control System. He called on Director of Finance Charlie Hansen to explain the resolution. The Director of Finance explained the existing system of cash registers and computers used for the sale of liquor in three stores need to be replaced as it is very difficult to obtain and maintain parts for the cash registers. He stated the staff report lists a timeline for replacement of the equipment. He also stated the new computer system will include inventory control which is a cost savings to be applied toward the purchase. He said the resolution will authorize him to advertise for bids on the equipment. 4/25/94 - 14- Councilmember Rosene asked how many firms the bid requests will be sent to. The Director of Finance said there is a list of possible vendors who will all receive specifications for bids. He said there will also be newspaper advertisements. Councilmember Scott asked whether the City has a certain system in mind which others are using or if the City will be spending money for a system which it would be pioneering. The Director of Finance said there are several known systems which would meet the needs of the City. Councilmember Scott asked whether the price of $35,000 to $40,000 includes all equipment needed. The Director of Finance said the price is for the entire system. Councilmember Kalligher said she would like to know more about how much profit is received through the liquor stores. She said she was interested in whether it is worth it for the City to be in the business of selling liquor. The Director of Finance gave two reasons for the City to run the sale of liquor: 1) The City can in this way control sales, for example to minors and/or people who are already intoxicated. The City employees are trained not to sell liquor in those cases. A private store would be more likely to sell liquor in those situations (illegally) for the profit; 2) The City does make a profit from handling the sale of liquor. In 1992, the profit was $120,000. In 1993, the profit was down to about $90,000. For" the last two years, a sum of $100,000 has been transferred to the General Fund Budget. He added if the City were to get out of the business of selling liquor, the alternative (selling the stores) would not be as profitable. The City Manager stated if the Council would like a report on this issue, it could go ahead and authorize the bids. He explained after the Staff had reported back, the Council could then still cancel the process. RESOLUTION NO. 94 -88 Member Barb Kalligher introduced the following resolution and moved its adoption with the condition of a report being submitted: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE ACQUISITION OF A LIQUOR INVENTORY CONTROL SYSTEM. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Amending the Order for the Storm Water Pond Improvement Project No. 1992 -29. He explained an amendment is needed on the order for the storm water pond improvement project No. 1992 -29. He stated the wording needs to be changed so it can be included in a bond issue as some required language required by the IRS was omitted. He added five offers for purchase of property are coming in and without this resolution acquisition costs could not be bonded for. 4/25/94 - 15 - Councilmember Mann said she had asked for this item to be removed from the consent agenda as she did not believe any bonding had been discussed. The Public Works Coordinator commented discussion was held during the utility rate study. Councilmember Mann asked the amount of the bond and what fund it is from. The Director of Finance answered it is from storm water utility, with $400,000 in land acquisition costs this year plus $725,000 in construction costs next year, which will total $1,125,000 in bonding. Councilmember Mann asked if the City would also be paying principal interest; the Director of Finance replied affirmatively. The City Manager explained it is smart to bond as early as possible when interest rates are low. Councilmember Mann stated her concern is that this project is a regional -type pond. She stated everyone who contributes to the storm water utility fund is going to get benefit from it, but with the next project the improvement will be for one area and everyone will pay for it. She also is concerned about precedent for other neighborhood improvements. The Public Works Coordinator noted there is a citizen task force on which Councilmember Mann is a representative, which is reviewing the local water management plan. Councilmember Mann introduced another member of the task force. Mr. Grady Boeck, 5601 Indiana Avenue North, stated both resolutions, 13b and 13c should be taken in concert. There was a discussion among Mr. Boeck, the City Manager, the Director of Finance, and the Public Works Coordinator about property tax money, the pavement management plan, and the resolution before the Council. Mayor Paulson requested the Council complete its handling of 13b before continuing with 13c. RESOLUTION NO. 94 -89 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ORDER FOR THE STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 AND PARK DEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 4/25/94 - 16 - The City Manager presented a Resolution Directing Staff to Initiate the Sale of Bonds for Street and Storm Water Improvements and Accepting Proposal for Professional Services. Mr. Grady Boeck, 5601 Indiana Avenue North, questioned whether the City has a capital improvement program. He questioned whether, with so much money is going to the Northwest area, there will be enough money for his area. Councilmember Scott stated there is a program in place and suggested Mr. Boeck meet with members of the staff for further explanation. The City Manager stated the pavement management plan will be operational this summer. Councilmember Rosene asked Mr. Boeck whether he is a member of the water management task force. Mr. Boeck responded affirmatively. The Public Works Coordinator stated there are two different definitions of a pavement management program. She said Mr. Boeck wanted to know if there is a street - street capital improvement plan, and there is not at this time. She added planning is in the final stages. RESOLUTION NO. 94 -90 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DIRECTING STAFF TO INITIATE THE SALE OF BONDS FOR STREET AND STORM WATER IMPROVEMENTS AND ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. The City Manager presented a Resolution Amending Fee Schedule for the Administration of Tree Removal Accounts. The Public Works Coordinator further explained the resolutions to ensure the f r � fees more accurately capture actual administrative costs. Councilmember Scott commented the City's fees are more reasonable than those of other communities. She stated she recommends approval of the resolution. 4/25/94 -17- RESOLUTION NO. 94 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING FEE SCHEDULE FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. The City Manager presented a Resolution Approving Acquisition of Storm Sewer Easements Relating to Improvement Project No. 1994 -12, Utility Improvements, Northwest Neighborhood. The City Engineer discussed the negotiations of easements. Councilmember Mann stated this is a good example of using opportunities. RESOLUTION NO. 94 -92 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING ACQUISITION OF STORM SEWER EASEMENTS RELATING TO IMPROVEMENT PROJECT NO. 1994-12, UTILITY IMPROVEMENTS, NORTHWEST NEIGHBORHOOD The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:04 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial 4/25/94 -18 _