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HomeMy WebLinkAbout1991 12-16 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 DECEMBER 16, 1991 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, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, Assistant EDA Director Tom Bublitz, and Council Secretary Peggy McNabb. The Mayor noted Councilmember Rosene would be arriving late. OPENING CEREMONIES The Council and staff observed a few moments of silence and self - reflection. OPEN FORUM Mayor Paulson noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS There were no council reports. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. No requests were made. - There was a motion by Councilmember Scott and seconded by Councilmember Pedlar approving the agenda and consent agenda. The motion passed unanimously. 12/16/91 i APPROVAL OF MINUTES NOVEMBER 25, 1991 - SPECIAL SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Scott approving the minutes of the November 25, 1991, special session as submitted. The motion passed unanimously. DECEMBER 2, 1991 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Cohen approving the minutes of the December 2, 1991, special session as submitted. The motion passed; Councilmember Pedlar abstained. RESOLUTIONS RESOLUTION NO. 91 -275 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER AND SANITARY SEWER HOOKUP RATES FOR CALENDAR YEAR 1992 The motion for o the adoption of the foregoing resolution was duly seconded b member r g g Y Y Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -276 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -277 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE EDA FUND, THE CAPITAL IMPROVEMENTS FUND, THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 12/16/91 -2- RESOLUTION NO. 91 -278 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A DATE FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF THE CITY'S TAX INCREMENT REFUNDING BONDS, SERIES 1992A The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -279 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FIVE (5) SQUAD CARS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -280 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT CARGO VAN FOR ANIMAL CONTROL The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. , RESOLUTION NO. 91 -281 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING PAYMENT FOR INTERCEPTOR SEWER TELEVISING /CLEANING, IMPROVEMENT PROJECT NO. 1991 -24 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 12/16/91 -3- I i RESOLUTION NO. 91 -282 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE FOR REPAIR AND SERVICE TO AMERICAN LAFRANCE FIRE TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: BOWLING ALLEY Earle Brown Bowl 6440 James Circle COURTESY BENCH U.S. Bench Corporation 3300 Snelling Avenue GASOLINE SERVICE STATION Brookdale Unocal 76 5710 Xerxes Avenue N Brooklyn Center Service "76" 6245 Brooklyn Blvd Christy's Auto Service 5300 Dupont Avenue N Metropolitan Transit Commission 6845 Shingle Creek Parkway Thompson Lumber Company 4810 North Lilac Drive Wes' Amoco 6044 Brooklyn Blvd LODGING ESTABLISHMENT Northwest Residence 4408 - 69th Avenue N Super 8 Motel 6445 James Circle MECHANICAL SYSTEMS Brooklyn Air Heating and A/C 5801 Lyndale Avenue N POOL AND BILLIARDS TABLES Lynbrook Bowl 6357 N Lilac Drive PUBLIC DANCE Earle Brown Bowl 6440 James Circle RENTAL DWELLINGS Initial: George I. Kosmides Lyn -River Apts. Vincent D. Pappone 4201 Lakeside Avenue N -- #318 12/16/91 -4- Renewal: James Lupient Basswood Apts. Rudolph Olson 6505 Brooklyn Blvd Patti Zoerb 5900 Camden Ave N Rafael Rocha 5326 James Ave N Richard and Kathy Allen 5336 N Lilac Drive Anna Gullord 5337 - 39 Queen Ave N Robert Messersmith 5338 Queen Ave N Steven D. Lanier 5256 E Twin Lake Blvd Norton Rockler 1329 -63rd Lane N Omar and Kathrine Schmidt 5352 - 72nd Circle N SPECIAL FOOD HANDLING ESTABLISHMENT Wes' Amoco 6044 Brooklyn Blvd TOBACCO RELATED PRODUCT Brookdale Unocal 76 5710 Xerxes Ave N Brooklyn Center Service "76" 6245 Brooklyn Blvd Brooks Food Market 6804 Humboldt Ave N Cole's Gift Shop 2200 Freeway Blvd Country Club Market 5715 an Ave N Morgan � g Earle Brown Bowl 6440 James Circle Lynbrook Bowl 6357 N Lilac Drive Wes' Amoco 6044 Brooklyn Blvd The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATIONS NOS 91021 & 91022 -- BROOKLYN CENTER SCHOOL DISTRICT The City Manager presented Planning Commission Application Nos. 91021 and 91022 submitted by the Brooklyn Center School District. Application No. 91021 is a request for site and building plan and special use permit approval to construct a media center addition and an addition with a gymnasium, auditorium and music rooms at the Brooklyn Center Junior- Senior High School, 6500 Humboldt Avenue North. Application No. 91022 is a request for site and building plan and special use permit approval to construct building additions for classrooms, a media center and a music suite at the Earle Brown Elementary School, 5900 Humboldt Avenue North. Both applications were reviewed and recommended for approval by the Planning Commission at its December 5, 1991, meeting.. 12/16/91 -5- I The Director of Planning and Inspection reviewed each application. Application No. 91021 includes two additions to the Brooklyn Center Junior- Senior High School; one being an 8,835 square foot media center in the corner where the north and west wings meet; and the second being a much larger addition on the east side for a practice gym, an auditorium, vocal and instrumental music rooms, a board room and restrooms. Application No. 91022 includes three additions to the Earle Brown Elementary School for two new classrooms at the north end of the west wing of the school, a media center and a music suite. He then reviewed the location/use, access /parking, landscaping, grading/drainage /utilities, building additions, lighting/trash, and special use standards of each application as contained in Planning Commission information sheets attached to the December 5, 1991, Planning Commission meeting minutes. He advised the Council both applications are subject to approval by the Shingle Creek Watershed Management Commission since both sites are over five acres. He then reviewed the conditions each application is subject to as recommended by the Planning Commission. Application No. 91021 is subject to 11 conditions as contained in the December 5,1991, Planning Commission meeting minutes, and Application No. 91022 is subject to 12 conditions as contained in the December 5, 1991, Planning Commission meeting minutes. The Director of Planning and Inspection advised the Council notices of the Council's consideration of these applications had been sent, and representatives from Brooklyn Center School District were present at the meeting. The City Manager recommended that Council approval of both applications include the removal of "and financial guarantee (in an amount to be determined by the City Manager)" from condition No. 3 of both applications. Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91021 submitted by Brooklyn Center School District at 7:28 p.m. He inquired if there was anyone present who wished to address the Council. Councilmember Scott expressed strong support for the proposed expansions. She stated she was glad to see media centers were an integral part of the plan, as they have become the heart of the school. In response to her request for additional details on the proposed media centers, Superintendent Rossi stated each media center will be three times its current size, and will contain computer rooms, studios and conference rooms. Councilmember Pedlar asked if the two additional classrooms at Earle Brown Elementary School were in response to anticipated growth in enrollment. Superintendent Rossi stated annual enrollment studies do indicate an increase at the early elementary levels, and in addition to meeting that need, the additional classrooms will provide much - needed room for adult education classrooms as well. 12/16/91 -6- There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing at 7:33 p.m. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning Commission Application No. 91021 submitted by the Brooklyn Center School District 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 permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop 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. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an - approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. The motion passed unanimously. Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91022 submitted by Brooklyn Center School District at 7:35 p.m. He inquired if there was anyone present who wished to address the Council. 12/16/91 -7- There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 7:36 p.m. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 91022 submitted by the Brooklyn Center School District 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 permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop 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. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an - approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The plans shall be modified prior to the issuance of permits to provide at least three shade trees not less than 2' /2" in diameter in the greenstrip along Humboldt Avenue North. The motion passed unanimously. 12/16/91 _ g _ Councilmember Pedlar commended the Brooklyn Center School District on the development and stated u -to -date adequate schooling facilities provide an P � q g P excellent marketing tool for the community. PLANNING COMMISSION APPLICATION NO. 91023 -- ALTRA AUTO RENTAL The City Manager presented Planning Commission Application No. 91023 submitted by Altra Auto Rental to conduct an auto leasing operation at the Northbrook Shopping Center in the tenant space addressed as 1912 57th Avenue North. The application was reviewed and recommended for approval by the Planning Commission at its December 5, 1991, meeting. The Director of Planning and Inspection reviewed the application as contained in the Planning Commission information sheet attached to the December 5, 1991, Planning Commission meeting minutes. The shopping center property is zoned C2, in which auto leasing operations are special uses. Altra Auto Rental would operate in an 800 square foot space between Pilgrim Cleaners and Carpet King. Hours of operation would be 8 a.m. to 5:50 p.m. Monday through Friday, and 9 a.m. until noon on Saturday. Rental cars will be picked up and dropped off at this location; there will be no display or repair of automobiles. The special use has been applied to this operation because it appears there will be at least some incidental storage of vehicles. While there may be an occasional need for 10 to 12 parking spaces, most of the time less than five will be needed. There is ample parking at Northbrook Shopping Center, however, the Planning Commission has recommended a limit of 15 rental cars on the site at any one time. The Director of Planning and Inspection then reviewed the conditions recommended by the Planning Commission. He advised the Council notices of the Council's consideration of this application had been sent, and representatives from Altra Auto Rental were present at the meeting. The Council members discussed the application and asked specific questions to clarify their understanding of the proposed auto leasing operation. Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91023 submitted by Altra Auto Rental at 7:42 p.m. He inquired if there was anyone present who wished to address the Council. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 7:43 p.m. The motion passed unanimously. I 12/16/91 -9- There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve Planning Commission Application No. 91023 submitted by Altra Auto Rental subject to the following conditions: 1. The total number of rental cars on the site at any one time shall not exceed 15. 2. The special use permit is granted for an auto leasing operation. Any change in the use involving more vehicles, trucks or marine craft shall require approval of an amendment to this special use permit. 3. There shall be no service, repair or maintenance of leased or stored vehicles at this site. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. The motion passed unanimously. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO THE DATE OF THE OFFICIAL FLOOD PLAIN MAP The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Relating to the Date of the Official Flood Plain Map. This ordinance amendment was offered for a first reading on November 18, 1991, published in the City's official newspaper on November 27, 1991, and was offered this evening for a second reading. The Planning Commission ss on reviewed and recommended adoption of this ordinance amendment at its November 7, 1991, meeting. The amendment corrects the various dates and citations contained in the City's flood plain ordinance. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Relating to the Date of the Official Flood Plain Map at 7:45 p.m. He inquired if there was anyone present who wished to address the Council. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 7:45 p.m. The motion passed unanimously. ORDINANCE NO. 91 -21 Member Ceila Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO THE DATE OF THE OFFICIAL FLOOD PLAIN MAP The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar. The motion passed unanimously. 12/16/91 - 10- AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (HAMM'S SECOND ADDITION) The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Hamm's Second Addition). The ordinance was offered for a first reading on June 10, 1991, published in the City's official newspaper on June 19, 1991. A public hearing was held and closed on July 8, 1991, at which time the City Council tabled adoption of the ordinance amendment until the plat establishing the legal descriptions contained in the ordinance had been filed with the County. The plat has now been filed, and the ordinance may now be considered for adoption. ORDINANCE NO. 91 -22 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (HAMM'S SECOND ADDITION) The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar. The motion passed unanimously. DISCUSSION ITEMS A ZONING ORDINANCE AMENDMENT REQUIRING MINIMUM SEPARATION - BETWEEN A 24 -HOUR COMMERCIAL OPERATION AND CERTAIN RESIDENTIAL PROPERTIES The City Manager presented a Zoning Ordinance Amendment Requiring Minimum Separation Between a 24 -Hour Commercial Operation and Certain Residential Properties for Council consideration. He stated the amendment is in response to the Council's extensive discussion of an ordinance amendment which had been offered for a first reading at the December 2, 1991, meeting that would restrict some late night /early morning or 24- hour business operations within the City which are located within 200 feet of certain residential properties. The Council had suggested certain additional options be developed for consideration and further discussion prior to holding a public information meeting on the matter. Staff had provided the Council members with memorandum and information covering the impacts of certain alternates in the agenda packets. He advised the Council staff are prepared to discuss how the various options might affect current business operations and land areas which may be impacted in the future. The City Manager pointed out the eight options included in the staff report are modifications to the ordinance. The Council could discuss, and either add or choose not to add them to the amendment. All of these options either add to or detract from the number of properties this ordinance impacts. The City Manager advised the Council a list of potential nonconforming C2 uses open between 11 p.m. and 6 a.m. had been prepared to see what extent this list would be further reduced by extending the hours from 11 p.m. to 12 midnight and was included in the staff report. i I 12/16/91 The Director of Planning and Inspection reviewed each of the options. The Council members and staff discussed in great detail the various options and potential impacts. Councilmember Cohen raised a concern about the ordinance amendment making several existing well -run, trouble -free operations nonconforming. He recommended writing the ordinance accordingly to keep such existing businesses /operators legal in their current and future operations /expansions, and to reduce the number of nonconforming uses created to a minimum. In response, the City Attorney stated he felt the ordinance amendment could be written in a way so the only nonconformity of these businesses would be the hours of operation. Councilmember Cohen further suggested possibly addressing whether the affected residential neighborhoods face the front or back of the businesses. Councilmember Scott suggested restricting the types of business operations, rather than the hours, dependent upon the detrimental characteristics that would be imposed upon the surrounding neighborhoods. She further suggested staff and Council determine specific streets /roadways to be listed in the ordinance language, rather than "intervening major thoroughfares." Following a lengthy, detailed discussion of these issues and how they affect existing and potential businesses, the City Manager suggested staff further address as many of the issues raised tonight with a goal of narrowing it down to be more manageable for Council's consideration prior to holding a public information meeting. The Council members agreed to this suggestion. Councilmember Scott complimented staff on the suggestions /options submitted to the Council. RECESS The Brooklyn Center City Council recessed at 8:39 p.m. and reconvened at 8:59 p.m. Councilmember Rosene arrived at the Council meeting at 8:59 p.m. A SIGN ORDINANCE AMENDMENT ALLOWING CERTAIN TRADEOFFS BETWEEN WALL AND FREESTANDING SIGNS The City Manager presented a Sign Ordinance Amendment Allowing Certain Tradeoffs Between Wall and Freestanding Signs for Council consideration. He reviewed the history of the amendment, stating it was in response to a request from Mr. Frank Slawson, President of Marquette Bank Brookdale, for consideration of some sign ordinance modifications that would allow an additional, low -keyed freestanding sign at the bank. At that time, the amendment was also written to reduce the large amount of wall signery (up to 30% of a wall area) allowed in these zoning districts under the existing Sign Ordinance. The Council had responded with some concern that the proposed ordinance amendment was too liberal in allowing additional freestanding signs in that it would allow more than the bank was requesting, and also the amendment did not require some of the aesthetic characteristics of 12/16/91 -12- the bank proposal which might be detrimental to the community if other businesses sought to maximize the second sign size without the same types of aesthetic sensitivities as shown by the bank. Council had directed staff to further narrow the focus of the proposed amendment. He advised the Council the staff report in the agenda packet contained six suggested conditions /restrictions which would further narrow the focus of the ordinance amendment, attempt to address the aesthetic concerns within the confines of the City's existing ordinance structure, and yet be an acceptable tradeoff for the type of sign proposed by the bank. The Director of Planning and Inspection reviewed the suggested conditions /restrictions, and responded to questions from the Council. Following a brief discussion, there was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to prepare for a first reading a Sign Ordinance Amendment Allowing Certain Tradeoffs Between Wall and Freestanding Signs, including the six suggested conditions /restrictions in the staff report. The motion passed unanimously. AN ORDINANCE ADDING SECTIONS 23 -601 THROUGH 23 -633 TO THE CITY ORDINANCES RELATING TO PAWNBROKERS AND SECONDHAND DEALERS The City Manager presented an Ordinance Adding Sections 23 -601 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers for Council consideration, and stated the ordinance could be considered for a first reading this evening if so desired by the Council. He advised the Council he had worked closely with the City Attorney in drafting the ordinance sections. The Council members reviewed and discussed the survey of other metropolitan area communities, and discussed charging a flat fee for investigations versus tracking the actual costs of the investigations to ensure all costs are covered. The City Attorney stated the authority of the Council is to cover costs only, and the costs of investigations vary a great deal, so if a flat fee was agreed upon, it should be high enough to cover the more costly investigations. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing staff to prepare for a first reading an Ordinance Adding Sections 23 -602 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers, setting the investigation fee at $1,500, the pawn shop and second -hand goods license fee at $12,000, the bond at $5,000 and the holding period at 120 days. The motion passed unanimously. 1992 PAY PLAN The City Manager presented the 1992 proposed compensation plan for Brooklyn Center, and distributed and reviewed three additional housekeeping changes to the 1992 Local #49 Labor Agreement. 12/16/91 - 13- i There was a motion by Councilmember Scott and seconded by Councilmember Pedlar authorizing acceptance and signature of the 1992 contract settlements for Local #49 and Local #82, subject to the following three amendments (housekeeping changes) to the 1992 Local #49 Labor Agreement: 1. Amend work schedules section to reflect actual practice by changing the normal work day from 8 a.m. to 4:30 p.m. to 7 a.m. to 3:30 p.m. (Article 12.2). 2. Delete language that applied to the 1990 -1991 labor agreement regarding pay equity " compliance in calendar year 1991 (Appendix A -1). 3. Delete language that applied to the 1990 - 1991 labor agreement regarding Martin Luther King Day (last sentence of Appendix B- V.a.). The motion passed unanimously. Councilmember Pedlar raised a discussion on the executive salary increases of up to 2.9 %. He stated while he had suggested and Council had agreed at the previous Council meeting to freeze the executive salary schedules. He felt although the schedules do need to be maintained at the 1991 level until the Council and staff can further study and compare them, there needed to be some type of compensation to the executive staff for a job well done in 1991. He suggested freezing the executive salary ranges until the Council can further study /compare the ranges, and authorizing the City Manager to offer some type of compensation of up to 2.9% to the executive staff in a form other than increasing the hourly /annual base wages. The Mayor felt the Council had worked hard at the previous Council meeting to compromise and reach an agreement on this matter. His understanding of that agreement was the Council would conduct a salary and range study to see how Brooklyn Center compares to other metropolitan cities, and then develop an executive pay plan policy. Until that policy was developed, the executive salaries would be maintained at the existing 1991 level and there would be compensation of up to 2.9% in a form other than salary for executive employees. The Mayor expressed continued support of that original agreement, and expressed dismay that the 1992 Pay Plan had included an increase of up to 2.9% in the executive employee salaries. Councilmember Cohen reviewed his notes from the previous Council meeting and confirmed the Council had agreed to maintain the executive salary schedules at the 1991 level and to authorize the City Manager to increase the executive salaries up to 2.9 %. Following further discussion of this matter, Councilmember Scott suggested striking the tenth paragraph of the proposed resolution and replacing it with: "Be it further resolved that the executive position salaries shall be maintained at the 1991 levels and further authorize the City Manager to provide incentive pay of up to 2.9% to each executive until the study is completed and the schedule revised." The Council supported this suggestion. 12/16/91 - 14 - RESOLUTION NO. 91 -283 Member Dave Rosene introduced the following resolution and moved its adoption, subject to striking the tenth paragraph and replacing it with the following: "BE IT FURTHER RESOLVED that the executive position salaries shall be maintained at the 1991 levels and further authorize the City Manager to provide incentive pay of up to 2.9% to each executive until the study is completed and the schedule revised." RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen, and the motion passed unanimously. RESOLUTIONS REGARDING IMPROVEMENTS TO THE CIVIC CENTER The City Manager presented resolutions regarding improvements to the Civic Center for Council consideration. He stated bids had been taken on December 12, 1991, for the Community Center water slide, remodeling to the concession stand, code corrections, domestic water heater, and pool filter renovation. There had been problems with the bids as received. Two additional memos (supplementary information) from the Director of Public Works were distributed to the Council members. The Director of Public Works reviewed his memo to the City Manager dated December 10, 1991, and discussed the five proposals and bids received for improvements to the Community Center. He advised the Council resolutions had been prepared and submitted in compliance - with the recommendations of City staff for Council consideration. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF A COMMUNITY CENTER WATER SLIDE IMPROVEMENT PROJECT NO. 1990 -24, CONTRACT 1991 -R The City Manager presented a Resolution Accepting Bid and Awarding Contract for Construction of a Community Center Water Slide, Improvement Project No. 1990 -24, Contract 1991 -R for Council consideration. The Director of Public Works advised the Council there were problems with the low bids as submitted by Nordling Construction for the general construction work and Miracle Recreation Equipment for the water slide installation work on this project, and he directed Council's attention to the supplementary information contained in his memo to the City Manager dated December 16, 1991. He reviewed the details of the bidding/staff review process, and advised the Council of two proposed alternatives; one would be to waive the technical errors and award the bids to the low bidders for both the construction work and j water slide installation work; the other would be to reject the low bids for both projects based on the technical errors, and award the contracts to the second low bidders, George W. Olsen Construction for the general construction contract, and Alltech Engineering Corp. for the water slide installation contract. 12/16/91 -15 - The Director of Public Works advised the Council he had worked closely with the City Attorney on this matter, and recommended the Council reject the low bids based on the technical errors in the bid process, and award the bids to the second low bidder in each project. The City Attorney advised the Council is required by law to award bids to the low bidders; however, by doing so in this case would result in lawsuits by the second low bidders because of the technical errors made by the low bidders. He felt either way the City would be facing legal action, and would have a much better defense in rejecting the low bids because of the technical errors and awarding the contracts to the second low bidders. The Director of Public Works advised the Council he had contacted both Nordling Construction and Miracle Recreation Equipment to advise them of the Council's consideration of this matter this evening. In response, Councilmember Cohen recommended recording an representation resent at the meeting from either business. Y P P g The Mayor made inquiry if anyone in the audience represented either Nordling Construction or Miracle Recreation Equipment. There being none, the Mayor asked that the record indicate no one was present to represent either Nordling Construction or Miracle Recreation Equipment. Councilmember e er Scott supported the staff recommendation to award the bids to the second low bidders for both the general construction work and water slide installation work. She felt the technical errors made in the low bids were inexcusable given the background of the bidders and number of years they have been submitting bids. - RESOLUTION NO. 91 -284 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT , FOR CONSTRUCTION OF A COMMUNITY CENTER WATER SLIDE, IMPROVEMENT PROJECT NO. 1990 -24, CONTRACT 1991 -R The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Y The Mayor raised a discussion on marketing the Community Center water slide, and any potential impact the 100 -acre water park being proposed by ValleyFair in Brooklyn Park would have on Brooklyn Center's water slide. The Council members discussed and agreed the impact of an outdoor water park would be minimal, if any, because of Brooklyn Center's water slide being indoors and open regardless of the weather. Councilmember Rosene recommended extensive use of roadway signs to promote the City's water slide, rather than local fliers and newsletters. I 12/16/91 - 16- RESOLUTION ACCEPTING PROPOSAL FOR REMODELING COMMUNITY CENTER CONCESSION STAND The City Manager presented a Resolution Accepting Proposal for Remodeling Community Center Concession Stand for Council consideration. The Director of Public Works reviewed his memo to the Council dated December 16, 1991, and recommended d a o tin the resolution accepting the proposal and awarding the low P g P g P P g bidders of the four phases of the remodeling project. RESOLUTION NO. 91 -285 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR REMODELING COMMUNITY CENTER CONCESSION STAND The motion for the adoption of the foregoing resolution was duly seconded b member Dave g g Y Y Rosene, and the motion passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF CODE CORRECTIONS AT COMMUNITY CENTER IMFEDYl TrM%L5011 NC1tdMiadn its Awarding Contract for Construction of Code Corrections at Community Center, Improvement Project No. 1991 -22, Contract 1991 -V, for Council consideration. The Public Works Director advised the Council the code corrections are primarily the handrails and guardrails in the City Hall and the pool area of the Community Center, and recommended adoption of the resolution accepting the bid and awarding the contract to the low bidder, Alltech Engineering Corporation. RESOLUTION NO. 91 -286 I Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF CODE CORRECTIONS AT COMMUNITY CENTER, IMPROVEMENT PROJECT NO. 1991 -22, CONTRACT 1991 -V The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. i 12/16/91 - 17 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR DOMESTIC WATER HEATER FOR CIVIC CENTER IMPROVEMENT PROJECT NO 1991 -25 CONTRACT 1991 -T The City Manager presented a Resolution Accepting Bid and Awarding Contract for Domestic Water Heater for Civic Center, Improvement Project No. 1991 -25, Contract 1991- T, for Council consideration. The Director of Public Works reviewed the history of this project, and advised the Council the original $15,000 estimate was based on assurances from an equipment representative that the tube bundle in the existing heat exchanger could be replaced with a new tube bundle which would produce the required performance. The replacement method, however, did not meet the current code requirements for a double - walled tube bundle. Therefore, there is a need for a new freestanding water heater to replace the current heat exchanger. He recommended adoption of the resolution accepting the bid and awarding the contract to the low bidder, New Mech. Councilmember Pedlar suggested possibly obtaining second opinions on such projects in the future. RESOLUTION NO. 91 -287 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR DOMESTIC WATER HEATER FOR CIVIC CENTER, IMPROVEMENT PROJECT NO. 1991 -25, CONTRACT 1991 -T The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR POOL FILTER RENOVATION, IMPROVEMENT PROJECT NO 1991 -25 CONTRACT 1991 -U The City Manager presented a Resolution Accepting Bid and Awarding Contract for Pool Filter Renovation, Improvement Project No. 1991 -25, Contract 1991 -U, for Council consideration. The Director of Public Works recommended adopting the resolution accepting the bid and awarding the contract to the sole bidder, Valley View Associates. 12/16/91 -18 - RESOLUTION NO. 91 -288 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR POOL FILTER RENOVATION, IMPROVEMENT PROJECT NO. 1991 -26, CONTRACT 1991 -U The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Jerry Pedlar, and the motion passed unanimously. ADDITIONAL AGENDA ITEM -- RESOLUTION PROVIDING FOR THE REDEMPTION OF GENERAL OBLIGATION TAX INCREMENT BONDS OF 1983 The City Manager presented a Resolution Providing for the Redemption of General Obligation Tax Increment Bonds of 1983 for approval as recommended by the Director of Finance. RESOLUTION NO. 91 -289 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE REDEMPTION OF GENERAL OBLIGATION TAX INCREMENT BONDS OF 1983 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. - UPDATE ON TAX INCREMENT FINANCING DISTRICTS In response to the Mayor's inquiry as to where staff is on preparing information for the Council on the proposed direction of the tax increment financing districts, the City Manager advised the information will be available for the Council in January, 1992. Councilmember Cohen advised the Council the North Metro Mayors Association has drafted a tax increment proposal whereby tax increment financing will again be a valuable tool for local units of government. The proposal will be presented to the Minnesota Legislature, and Councilmember Cohen will keep the Council informed as to the progress of the proposal. CONSIDERATION OF SPECIFIED LIQUOR LICENSES The City Manager presented and recommended approval of a list of liquor license renewals for 1992. He noted there may be a potential problem with Lynbrook Bowl which may require disciplina ry action. The matter will be addressed at a later date. There was a motion by Councilmember Scott and seconded by Councilmember Rosene approving the list of liquor license renewals for 1992 as contained in the agenda packet. The motion passed unanimously. I 12/16/91 - 19 - REQUEST FROM CITY ATTORNEY FOR MOTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INDEMNITY AGREEMENT WITH FIRST TRUST The City Attorney advised the Council in 1985 Brooklyn Center issued general obligation maturity bonds for the Brookwood Estates Project, with First Trust as the paying agent. Ms. Gladys Nelson, Brainerd, Minnesota, purchased several of those bonds. Apparently, she had moved a number of times, and several of her interest checks were misdirected, forged, and cashed by someone other than Ms. Nelson. As a result, she has filed a lawsuit against Brooklyn Center and First Trust. The City Attorney advised the Council First Trust has agreed to indemnify Brooklyn Center, whereby First Trust will pay any resulting judgement against Brooklyn Center. First Trust has hired the Oppenheimer Law Firm to defend the lawsuit; there will be no cost or risk to Brooklyn Center. He recommended the City Council authorize the City Manager to enter into an indemnity agreement with First Trust. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene authorizing the City Manager to enter to an indemnity agreement with First Trust as recommended by the City Attorney. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:10 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Secretarial Service 12/16/91 -20-