HomeMy WebLinkAbout1990 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
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' REGULAR SESSION
JANUARY 8, 1990
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order
by Mayor Dean Nyquist at 7:03 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, 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, Assistant Finance
Director Charlie Hansen, Personnel Coordinator Geralyn Barone, and
Administrative Aide Patti Page.
INVOCATION
The invocation was offered by Mayor Nyquist.
EMPLOYEE SERVICE RECOGNITION PROGRAM
The City Manager stated tonight is the 11th annual presentation by the City
Council of service awards to City employees recognizing years of service to the
City. Recognition is given to those employees who, during 1988, observed the
anniversary of either 20, 25, or 30 years of permanent full -time employment with
the City. The City Manager stated the awards are a part of a service
recognition program approved by the City Council in 1979. He said employees
with 20 years of service include Park Maintenance Worker John Benson, Director
of Recreation Arnie Mavis, Recreation Program Supervisor Kathy Flesher, and
Engineering Technician Al Hartmann. He stated Director of Finance Paul Holmlund
has been employed with the City for 25 years and Police Chief Jim Lindsay has
been employed with the City for 30 years. Mr. Mavis, Ms. Flesher, Mr. Hartmann,
and Mr. Holmlund were present at the meeting, and the Mayor and City Manager
presented each of them with a service award.
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RECESS
The Brooklyn Center City Council recessed at 7:07 p.m. and reconvened at 7:25
p.m.
OPEN FORUM
Mayor Nyquist noted the Council had received a request from Ernie Erickson to
use the open forum session this evening. Mr. Erickson stated his request
pertains to designation of the official newspaper on the agenda, and he was
willing to wait until that agenda item came up.
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SELECTION OF MAYOR PRO TEM
There was a motion by Councilmember Scott and seconded by Councilmember Paulson
to appoint Councilmember Pedlar as Mayor pro tem for 1990. The motion passed
unanimously.
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CONSENT AGENDA
Mayor Nyquist inquired if any Councilmembers requested any items removed from " x
the consent agenda. Councilmember Pedlar requested item 12i be removed, and
Councilmember Cohen requested item 12a be removed from the consent agenda.
MAYORAL APPOINTMENTS - HUMAN RIGHTS AND RESOURCES COMMISSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to reappoint Commissioners Donna Stoderl and Susan Larsen to the Human Rights
and Resources Commission. The motion passed unanimously.
PARK AND RECREATION COMMISSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to reappoint Sarah Robinson Pollock, Art Mead, and Don Peterson to the Park and
Recreation Commission. The motion passed unanimously.
HOUSING COMMISSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to reappoint Reynold Johnson to the Housing Commission. The motion passed
unanimously.
PLANNING COMMISSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to reappoint Molly Malecki, Ellamae Sander, and Bertil Johnson to the Planning
Commission. The motion passed unanimously.
WEED INSPECTOR
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to appoint Brad Hoffman as the Weed Inspector. The motion passed unanimously.
PERFORMANCE BOND RELEASE --PARKWAY PLACE
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to release the performance guarantee for Parkway Place, 6601 Shingle Creek
Parkway. The motion passed unanimously.
RESOLUTIONS
RESOLUTION NO 90 -01
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO 90 -02
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS
RECEIVABLES
The motion for the adoption of the foregoing resolution was duly seconded by
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member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 90 -03
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND
TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 90 -04
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AWARDING BOILER AND MACHINERY INSURANCE CONTRACT
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 90 -05
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AWARDING LIQUOR LIABILITY INSURANCE CONTRACT
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
R ESOLUTION NO. 90 -06
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AWARDING WORKERS' COMPENSATION INSURANCE CONTRACT
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 90 -07
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET AND ACCEPTING BID AND AWARDING
CONTACT FOR SIDEWALK SNOWPLOW AND BLOWER
The motion for the adoption of the foregoing resolution was duly seconded g g y by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 90 -08
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF A PROPERTY TRACKING
SYSTEM FOR THE POLICE DEPARTMENT
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
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RESOLUTION N0. 90 -09
Member Celia Scott introduced the following resolution and mo'ed its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF JAMES MCCLOSKEY
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
Beacon Bowl 6525 Lyndale Ave. N.
Lynbrook Bowl, Inc. 6357 N. Lilac Drive
CIGARETTE
OVER THE COUNTER SALES:
Brooklyn Center Service, Inc. 6849 Brooklyn Blvd.
Brooks Superette 6804 Humboldt Ave. N.
Duke's Amoco 6501 Humboldt Ave. N.
Gift Shop,
Inn
P�
(Days ) 1501 Freeway Blvd.
K - Mart 5930 Earle Brown Drive
Neil's Total 1505 69th Ave. N.
Total Petroleum, Inc. 6830 Brooklyn Blvd.
MACHINE SALES:
A & J Enterprises 6843 Washington Ave. S.
Best Products Co. 5924 Earle Brown Drive
Bob Ryan Oldsmobile 6700 Brooklyn
Beacon Bowl Yn
6525 Lyndale Ave. N.
Days Inn 1501 Freeway Blvd.
Jimmy Jingle 1304 E. Lake Street
Brookdale Corporate Center 6300 Shingle Ck. Pkwy.
North Star Dodge 6800 Brooklyn Blvd.
TCR Corporation 1600 67th Ave. N.
Lynbrook Bowl, Inc. 6357 N. Lilac Drive
Woodside Enterprises 11889 65th Ave. N.
Bakers Square 5601 Xerxes Ave. N.
FOOD ESTABLISHMENT
Subway 1960 57th Ave. N.
GASOLINE SERVICE STATION
Brooklyn Center Service, Inc. 6849 Brooklyn Blvd.
Humboldt Unocal 76 6840 Humboldt Ave. N.
Neil's Total 1505 69th Ave. N.
Total Petroleum, Inc. 6830 Brooklyn Blvd.
U. S. West 6540 Shingle Ck. Pkwy.
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ITINERANT FOOD ESTABLISHMENT
Earle Brown PTA 5900 Humboldt Ave. N.
Orchard Lane Elementary 6201 Noble Ave. N.
LODGING ESTABLISHMENT
Brookdale Motel 6500 West River Road
Budgetel Inn 6415 James Circle
MECHANICAL SYSTEMS
Faircon Service 2668 Patton Road
Home Energy Center 14505 21st Ave. N.
POOL AND BILLIARDS TABLES
Lynbrook Bowl, Inc. 6357 N. Lilac Drive
The motion passed unanimously.
MAYORAL APPOINTMENT - PLANNING COMMISSION
There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson
to appoint Mark Holmes to the Brooklyn Center Planning Commission. The motion
passed unanimously.
DESIGNATE OFFICIAL NEWSPAPER
Mayor Nyquist recognized Ernie Erickson, 6800 Drew Avenue North. Mr. Erickson
stated he has been a resident of Brooklyn Center since 1971. He stated over the
past few years he has noticed a deterioration in the reporting of City news in
the PostNews paper. He stated approximately a year ago he cancelled his
subscription because he felt the Thursday PostNews had become nothing more than
a Thursday shopper's guide. He stated he would like to see the City Council
seek alternatives to using the PostNews as its official newspaper.
Councilmember Pedlar stated he brought forth the same issue approximately a year
ago and was told at that time PostNews was going to do something to increase its
readership and coverage. He stated he has not noticed any change.
Councilmember Cohen referred Councilmembers to a copy of a newspaper article
pertaining to PostNews and its lack of union support. He stated he would like
the PostNews to prove to the City that it is meeting the terms and conditions
set forth under statutes to be designated as the City's official newspaper. He
stated hopefully the message will get to the PostNews that the City of Brooklyn
Center is not happy with the coverage it receives. He noted the City may want
to try and seek remedies legislatively to gain alternatives.
Mayor Nyquist inquired how much the City spends annually on published notices
through the PostNews. The Finance Director stated it is approximately $8,000-
$10,000. Mayor Nyquist inquired if it would be possible to change the law to
allow the City to put its public notices on cable. The City Attorney stated the
statute is fairly new, noting it was passed in 1984. He stated he was not sure
of the power of the media group which lobbied for this law, and it may be
difficult to work around them.
The City Manager suggested the City continue using the PostNews at this time
because we have no alternatives. He added he would ask staff to explore the
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possibility of publishing legal notices in the Minneapolis Star Tribune and also
request PostNews to respond to how they are meeting the terms and.condtions as
set forth in the statute. Councilmember Scott stated she feels the PostNews is
doing a great dis- service to the citizens of Brooklyn Center.
The City Attorney stated the PostNews may not be the only alternative. He went
on to review the categories pointing out the office of issue for the PostNews is
not in Brooklyn Center, and the PostNews does not have a secondary office
located within Brooklyn Center; therefore, there may be other qualified
newspapers of general circulation in the City of Brooklyn Center which may be
selected. He added the newspaper must be a qualified newspaper meeting the
requirements of State law.
The City Manager stated the Council could appoint the PostNews on an interim
basis and allow time for staff to report back. A discussion then ensued
relative to appointing the paper on an interim basis. The City Attorney stated
he would like to review the Charter to determine how it regulates designating an
official paper.
There was a motion by Councilmember Cohen and seconded by Councilmember Scott to
continue the issue of designating the official newspaper to later in the agenda.
The motion P Y
passed unanimously.
ORDINANCES
The City Manager presented An Ordinance Vacating Part of a Utility and Drainage
Easement in Lot 1, Block 1, Brookdale Square 2nd Addition. He noted this
ordinance was first read on December 18, 1989, published in the City's official
newspaper on December 27, 1989, and is offered this evening for a second
l i reading.
.;, Mayor Nyquist opened the meeting for the purpose of a public hearing on An
Ordinance Vacating Part of a Utility and Drainage Easement in Lot 1, Block 1,
Brookdale Square 2nd Addition and inquired if there was anyone present who
wished to speak. No one appeared to speak, and he entertained a motion to close
the public hearing.
There was a motion by Councilmember Pedlar and seconded by Councilmember Scott
to close the public hearing. The motion passed unanimously.
ORDINANCE NO. 90 -01
Member Celia Scott introduced the following ordinance and moved its adoption:
AN ORDINANCE VACATING PART OF A UTILITY AND DRAINAGE EASEMENT IN LOT 1, BLOCK 1,
BROOKDALE SQUARE 2ND ADDITION
The motion for the adoption of the foregoing ordinance was duly seconded by
member Todd Paulson, and the motion passed unanimously.
The City Manager presented An Ordinance Amending Chapter 22 of the City
Ordinances Relating to a Tax Imposed Upon Lodging. He noted this ordinance
amendment would allow the City to collect an additional three percent lodging
tax. He added this item was first read on December 18, 1989, published in the
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City's official newspaper on December 27, 1989, and is offered this evening for
a second reading.
Mayor Nyquist opened the meeting for the purpose of a public. hearing on An
Ordinance Amending Chapter 22 of the City Ordinances Relating to 'a Tax Imposed
Upon Lodging and inquired if there was anyone present who wished to speak.
Mayor Nyquist recognized Arlow Johnson, owner of the Brookdale Motel. Mr.
Johnson stated he understands the reasons why the City needs the additional
three percent but noted it will create a hardship for his business and other
hotel owners. He noted approximately 60% of the people who stay in Brooklyn
Center hotels are from this area which means we are taxing our own residents.
He stated now when you stay in a hotel in Brooklyn Center, there will be six
percent sales tax, a six percent lodging tax, and an additional tax for your
phone bills which is required by State law. He stated if this passes, Brooklyn
Center would be one of the few cities with this large of a lodging tax.
Mayor Nyquist inquired if there was anyone else who wished to speak. There
being none, he entertained a motion to close the public hearing.
There was a motion by Councilmember Paulson and seconded by Councilmember Scott
to close the public hearing. The motion passed unanimously.
Mayor Nyquist inquired what the City of Brooklyn Park is doing regarding the
lodging tax. The City Manager stated they have been considering raising it but
nothing has been passed at this time. Mayor Nyquist stated he has some concerns
about raising the lodging tax, if in fact, Brooklyn Center is the only north
metro area Cit imposing the tax. Councilmember Cohen stated he appreciates Mr.
Johnson's comments and noted if the legislature would allow the City the
flexibility to levy what is necessary, the City would not have to raise the
lodging tax. He noted without any other financial remedies he does not believe
the City has any other choice than to impose this tax. Mayor Nyquist inquired
if Councilmember Cohen believed the legislature was going to make any changes
which would help the City. Councilmember Cohen stated it is hard to say what
they may do at this point. Mayor Nyquist inquired if it would be possible to
make the tax effective on May 1, 1990, because then the City would know what the
Legislature has done to this point. The City Manager stated the City would lose
approximately $59,000 if the tax were not imposed until May 1.
ORDINANCE NO. 90 -02
Member Jerry Pedlar introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY ORDINANCES RELATING TO A TAX
IMPOSED UPON LODGING
The motion for the adoption of the foregoing ordinance was duly seconded by
member Todd Paulson, the motion passed. Mayor Nyquist abstained.
The City Manager presented An Ordinance Amending Chapter 17 Regarding Personnel.
He noted this amendment would add Columbus Day as a paid holiday. He noted this
item is offered this evening for a first reading. Councilmember Paulson
inquired if all of the organized employees have Martin Luther King, Jr. Day off.
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The City Manager stated all employees except Local No. 49 receive Martin Luther
King, Jr. Day as a holiday. He noted Local No. 49 has not settled its contract
at this point.
There was a motion. by Councilmember Scott and seconded by Councilmember Pedlar
to approve for first reading An Ordinance Amending Chapter 17 Regarding
Personnel and to set a public hearing date for January 29, 1990, at 7:30 p.m.
The motion passed unanimously.
The City Manager presented An Ordinance Amending Chapter 35 to Establish a
Planned Unit Development Zoning District. He noted this item is offered this
evening for a first reading. The City Manager reminded the Mayor and Council
that this item was discussed at great length at the December 18, 1989, City
Council meeting. He noted the information in this evening's Council packet
includes sample documents from other cities.
Councilmember Scott inquired if the Director of Planning and Inspection felt
this ordinance would make the process more or less complicated. The Director of
Planning and Inspection stated the process would not become simpler because
development in the next few years is going to become even more complex than it
is now. He noted without this type of ordinance, it would be even more
difficult. Councilmember Scott stated she has some concerns and would like to
be assured that the City would have complete control over any type of
development. The City Manager stated there are opportunities to stop the
process along the way. He added this ordinance would allow the flexibility for
mixing uses within a development. Councilmember Cohen stated the City may find
that the City is the one initiating the proposal and much more in control than
if the City were waiting for a developer to come in.
There was a motion by Councilmember Scott and seconded by Councilmember Paulson
to approve for first reading An Ordinance Amending Chapter 35 to Establish a
Planned Unit Development Zoning District and to set a public hearing date for
January 29, 1990, at 7:30 p.m.
PRESENTATION - DCA. INC
The Finance Director stated Ardy Prekker from DCA, Inc. is present this evening
to discuss various ways in which the City can shelter its employees from income
taxes through payment of pre -tax benefits through the payroll system. He noted
DCA, Inc. is the administrator for the LOGIS Group Health Plan. He noted they
also work for several communities and counties within the State and are the
acknowledged leader in this area.
Mr. Prekker gave a brief slide show which demonstrated the benefits of the
different plans to the City's employees. He noted it would also reduce the
City's liability for social security taxes. The City Manager stated when staff
first discovered these types of accounts, section 89 was just coming on board
and it would have made these types of plans very difficult to administer. He
noted now section 89 has basically disappeared, and staff feels these plans
would be beneficial to both the City and its employees. Councilmembers Pedlar
and Scott both stated they have similar plans through their employers and all
employees find them very beneficial. Councilmember Paulson inquired if there
was any type of fee to belong to this plan. Mr. Prekker stated he has not
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submitted any proposal or spoken of any fees with the Finance Director at this
time. He noted there is a fee for administering the plan, and it is based on
the number of accounts held by the employees. Councilmember Cohen inquired if
Mr. Prekker could give the Council some idea of what it would cost. Mr. Prekker
said the City of Brooklyn Park is currently paying approximately $3.20 per
employee per month.
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
directing the City Manager to proceed with the implementation of any or all of
the tax shelter programs. The motion passed unanimously.
RESOLUTIONS (CONTINUED)
r The City Manager presented A Resolution Designating Depositories of City Funds.
He noted this is the annual resolution authorizing the City Treasurer to deposit
funds in the Marquette Brookdale Bank and to use other banks for investment
purposes. Councilmember Cohen stated a short time back the State passed the
Community Reinvestment Act (CRA) which requires federal agencies to encourage
financial institutions to invest in their communities. The CRA regulations
require that financial institutions adopt a CRA statement, post a public notice
about CRA in its offices, and establish a public file for comments about CRA
performance. Examiners of the federal agencies are required to assess how well
an institution has helped to meet the credit needs of its community and through
the examination process to encourage it to respond to those needs. He noted in
the near future the City is going to be contacting the financial institutions
within the City and asking them to commit to working with the City under the
Community Reinvestment Act. He stated he would like authorization to be given
to staff directing them to contact the financial institutions within the City
asking them to provide information on their performance under the Community
Reinvestment Act.
RESOLUTION N0. 90 -10
Member Philip Cohen introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
The City Manager presented A Resolution Entering into a Security Agreement for
Safekeeping of City Investments. The Finance Director stated at this time he
does not have complete information for the Council, and he would like the item
tabled to the last meeting in January.
There was a motion by Councilmember Scott and seconded by Councilmember Paulson
to table a Resolution Entering into a Security Agreement for Safekeeping of City
Investments until January 29, 1990. The motion passed unanimously.
The City Manager presented a Resolution Authorizing the Mayor and City Council
to Enter into an Agreement between the City of Brooklyn Center and North
Hennepin Mediation Project. Councilmember Pedlar stated a presentation was made
to the City Council a while back regarding the Mediation Project, and he
recalled a few questions being raised at that time pertaining to funding
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sources. He inquired if the City staff and Council had received the
information. He stated he does not recall receiving anything specific at this
time. Mayor Nyquist stated he believed at the time of the presentation, the
Council was told approximately one -third of their funding was received from
local government, but on paper this funding turned out to be more like 76 %. He
noted the Council did receive a list of contributors from the Mediation Project.
There was a motion by Councilmember Pedlar and seconded by Mayor Nyquist to
table a Resolution Authorizing the Mayor and City Council to Enter into an
Agreement between the City of Brooklyn Center and North Hennepin Mediation
Project until further information is received pertaining to its bylaws and
funding sources. The motion passed unanimously.
Mayor Nyquist stated he has referred several clients to the Mediation Project,
and he feels they do excellent work.
The City Manager presented a Resolution Requesting MNDOT to Transfer
Jurisdiction of the Service Road East of T.H. 252 between 65th Avenue North and
66th Avenue North to the City of Brooklyn Center. The Director of Public Works
stated the City has always maintained this roadway and is requesting the right -
of -way to be turned over to the City because of a possible redevelopment plan
for the area. He noted MNDOT representatives have given preliminary indications
that they would be willing to approve the turnback of this roadway to the City.
RESOLUTION NO. 90 -11
Member Philip Cohen introduced the following resolution and moved its adoption:
RESOLUTION REQUESTING MNDOT TO TRANSFER JURISDICTION OF THE SERVICE ROAD EAST OF
T.H. 252 BETWEEN 65TH AVENUE NORTH AND 66TH AVENUE NORTH TO THE CITY OF BROOKLYN
CENTER
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed unanimously.
DISCUSSION ITEMS
REPORT ON 1989 ACTIVITIES OF THE ADMINISTRATIVE TRAFFIC COMMITTEE
The City Manager briefly reviewed the process for review of traffic complaints.
He noted there should be a three- member committee to allow for further review if
the Administrative Traffic Committee denies a request. Councilmember Cohen
stated he feels this process is much better than the original process used.
Mayor Nyquist inquired if it would be possible to get an article in the next
newsletter requesting interested individuals to contact the City for appointment
to this review committee. Councilmember Cohen inquired if that is really what
the City wants. The Director of Public Works stated very few cases go this far,
and the Council may wish to handle these requests directly through the Council
meetings since they are so few and far between. Mayor Nyquist noted if that is
the Council's wish, then the review committee should be removed from the policy.
CIGARETTE VENDING MACHINE SALES
The City Manager briefly reviewed the report submitted for this agenda item. He
noted there are two draft resolutions within the packet. He explained the
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Personnel Coordinator recently attended a workshop dealing with this issue. The
Personnel Coordinator stated the communities which have implemented these types
of ordinances, and the experts, highly recommend either a total ban or doing .
nothing at all. They noted that putting restrictions on placement of cigarette
machines has not been effective. Mayor Nyquist recognized Arlow Johnson, owner
of Brookdale Motel, who stated his hotel and others in the area have taken
machines out whereever possible. The City Manager stated it would be his
recommendation to notify all cigarette license holders and vendors regarding the
proposed ordinance amendment and place the amendment on the next Council agenda.
Mayor Nyquist asked if it is possible to ban those machines that are currently
licensed. The Personnel Coordinator stated she discussed this point with the
City Attorney, and he stated that the City would have to make some concessions
for those people already holding a license. She noted the Council could set an
effective date and return a prorated portion of the license fee. There was a
general consensus among Councilmembers to prohibit cigarette vending machines
totally within the City of Brooklyn Center. There was a motion by Councilmember
Pedlar and seconded by Councilmember Paulson directing staff to bring an
ordinance amendment before the Council at the January 29, 1990, City Council
meeting. The motion passed unanimously.
JANUARY 22, 1990, COUNCIL MEETING
The City Manager stated he has been notified there are conflicts in holding the
January 22, 1990, Council meeting. He stated he would recommend cancelling that
meeting and rescheduling for January 29, 1990.
There was a motion by Councilmember Cohen and seconded by Councilmember Paulson
to cancel the January 22, 1990, City Council meeting and reschedule it for
January 29, 1990, at 7 p.m.
RESOLUTIONS (CONTINUED)
The City Manager presented a Resolution Establishing Improvement Project No.
1990 -02 Construction of Well No. 10, Accepting Proposal for Engineering
Services and Approving Execution of a Contract for Services. He noted staff
recommends that the City proceed with phase I of the plan for recommended
improvements to the City's water supply system. He stated the proposed
resolution would authorize execution of a contract for engineering services as
needed for construction of proposed "Well No. 10." Councilmember Scott stated
she had a question regarding the summary of performance impacts for the proposed
phase I improvements. The Director of Public Works briefly reviewed that
portion of his memorandum and noted that in some cases even with the improvement
it would not be able to satisfy the maximum hourly demands, however, the daily
demands would be met. He noted by adding a well it gets us closer to meeting
all the demands, but we are not yet totally there. Councilmember Cohen inquired
if water rates will be go up when the well is complete. The Director of Public
Works responded affirmatively and noted it would raise from $.46 per 1,000
gallons to $.53 per 1,000 gallons. Councilmember Paulson inquired what happened
with the Director of Public Works' negotiations with Black and Veatch. The
Director of Public Works stated Black and Veatch settled at $7,500 for the cost
overrun.
RESOLUTION NO. 90 -12
Member Celia Scott introduced the following resolution and moved its adoption:
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RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1990 -02 - CONSTRUCTION OF WELL
NO. 10, ACCEPTING PROPOSAL FOR ENGINEERING SERVICES AND APPROVING EXECUTION OF A
CONTRACT FOR SERVICES
The motion for the adoption of the foregoing resolution was duly seconded by
member Philip Cohen, and the motion passed unanimously.
The City Manager presented a Resolution Establishing Project No. 1990 -03 - Water
Distribution System Improvements and Directing the City Engineer to Prepare
Plans and Specifications for this Improvement. He noted these improvements are
recommended to be constructed under phase I in conjunction with the well No. 10
improvement. The Director of Public Works briefly reviewed the map showing the
proposed water distribution system improvements. He noted this improvement will
make much better use of the water tower at this location. He added this is the
extra work which Black and Veatch completed without prior approval.
RESOLUTION NO. 90 -13
Member Philip Cohen introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1990 -03 - WATER DISTRIBUTION
SYSTEM IMPROVEMENTS AND DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND
SPECIFICATIONS FOR THIS IMPROVEMENT
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
DESIGNATE OFFICIAL NEWSPAPER
The City Attorney stated the City Charter does not specify that the Council
designate an official newspaper at the first business meeting of the year. He
noted there would be no adverse consequences if the Council tabled action this
evening. He noted it would not be possible for a new newspaper in town to
qualify as the official newspaper. He noted there are many requirements, and
the newspaper must comply with these conditions and requirements for at least
one year prior to being designated as the official newspaper. Councilmember
Cohen inquired if the City does not take action this evening, will the PostNews
continue on as the legal newspaper until a new one is designated. The City
Attorney responded affirmatively.
There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar
to table the designation of the official newspaper until the staff can
investigate other possible alternatives. The motion passed unanimously.
ADJOURNMENT
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to adjourn the meeting. The motion passed unanimously. The Brooklyn Center
City Council adjourned at 9 :22 p.m.
City Clerk Mayor
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