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HomeMy WebLinkAbout1990 01-29 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 29, 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 7:01 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, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Helen Jacobsen of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted the Council had received a request for the open forum session which pertained to the ordinance on cigarette vending licenses. He noted the public hearing for this item would be scheduled for February 26, 1990, and asked that anyone present please submit any new materials to the City Manager. CONSENT AGENDA Mayor Nyquist inquired if. any Councilmembers requested any items removed from the consent agenda. Councilmember Cohen requested 7h be removed, and Mayor Nyquist requested item 7e be removed from the consent agenda. APPROVAL OF MINUTES NOVEMBER 27 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the November 27, 1989, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - DECEMBER 6 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the December 6, 1989, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES — DECEMBER 18 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the December 18, 1989, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - JANUARY 8 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson 1/29/90 -1- to approve the minutes of the January 8, 1990, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION N0. 90 -14 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE PROCESS FOR APPEALS FROM DECISIONS OF THE ADMINISTRATIVE TRAFFIC COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LORNA SEBURG The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 90 -16 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING MAYOR NYQUIST'S 1990 SALARY The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 90 -17 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 28,000 GVW CAB AND CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION N0 90 -18 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 19,000 GVW CAB AND CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 90 -19 Member Celia Scott introduced the following resolution and moved its adoption: 1/29/90 -2- RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the following list of licenses: BULK VENDOR D & G Vending, Inc. 4313 NE Washington St. CIGARETTE OVER THE COUNTER SALES: Applebee's 1347 Brookdale Center Boulevard Superette 6912 Brooklyn Blvd. C.W.'s Corner (Holiday Inn) 2200 Freeway Blvd. Jerry's New Market 5801 Xerxes Ave. N. Target 6100 Shingle Ck. Pkwy. MACHINE SALES: Ala Carte Vending Systems, Inc. 2550 Kasota Avenue Modern Control 6820 Shingle Ck Consumer Vending kwy' g 2828 Lynda le Ave. N. Bridgemans 6201 Brooklyn Blvd. Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber Co. 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. GASOLINE SERVICE STATION Brooklyn Service Center (Unocal 76) 6901 Brooklyn Blvd. Duke's Amoco 6501 Humboldt Ave. N. Green Meadows 3319 49th Ave. N. ® R SuperAmerica #4160 6545 West River Road f Bill West's Service Center 2000 57th Ave. N. NONPERISHABLE VENDING MACHINES ARA Services 2830 North Fairview Northwestern Nat'l. Life Ins. Co. 6200 Shingle Ck. Pkwy. Bro- Midwest Vending Company 9110 Grand Ave. S. American Legion 4307 70th Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Days Inn 1501 Freeway Blvd. Pilgrim Cleaners 5748 Brooklyn Blvd. Brooklyn Center Service "76" 6245 Brooklyn Blvd. Canteen Company of MN, Inc. 6300 Penn Ave. S. .Caterpillar Paving 1800 Freeway Blvd Medtronics 6700 Shingle Ck. Pkwy. D. L. Service Co. 2516 83rd Ave. N. Lowell's Automotive 6211 Brooklyn Blvd. Iten Chevrolet 6701 Brooklyn Blvd. Northern States Power 4501 68th Ave. N. 1/29/90 -3- i Precision, Inc. 3415 48th Ave. N. Twin City Vending Co., Inc. 1065 East Highway 36 Sears 1297 Brookdale Center PERISHABLE VENDING MACHINES ARA Services 2830 North Fairview Northwestern Nat'l. Life Ins. Co. 6200 Shingle Ck. Pkwy. Bro- Midwest Vending Company 9110 Grand Ave. S. Beacon Bowl 6525 Lyndale Ave. N. Canteen Company of MN, Inc. 6300 Penn Ave. S. Caterpillar Paving 1800 Freeway Blvd. Medtronics 6700 Shingle Ck. Pkwy. Iten Chevrolet 6701 Brooklyn Blvd. Twin City Vending Co., Inc. 1065 East Highway 36 Sears 1297 Brookdale Center RENTAL DWELLING Initial: Jane DeFrance Maranatha Place Lambert and Ethel Ackermann 4207 Lakeside Ave. N. #234 Kathryn D. Hess 1329 68th Lane North Renewal: Willwerscheid, Robbins, Rafter 6331, 6401, 6425 Beard Ave. N. Duane and Jessie Erickson 7019 Dallas Road Christine J. Stendal 5456 Emerson Ave. N. Beisner Limited 1525 Humboldt Place Hallard N. Corey 4201 Lakeside Ave. N. #118 L. Larry Law 4201 Lakeside Ave. N. #302 Residential Alternatives, Inc. 5449 Lyndale Ave. N. Daryl Losey 5931 Pearson Drive Gary and Danae Morrison 5104 E. Twin Lake Blvd. SIGN HANGER Scenic Sign Corporation Box 881, St. Cloud SPECIAL FOOD HANDLING ESTABLISHMENT Brooklyn Center Liquor Store #1 1500 69th Ave. N. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store #3 1966 57th Ave. N. C.W.'s Corner (Holiday Inn) 2200 Freeway Blvd. Carson Pirie Scott 1200 Brookdale Center Ideal Drug 6800 Humboldt Ave. N. Mr. Movies 1964 57th Ave. N. Total Petroleum 6830 Brooklyn Blvd. TAXICAB Town Taxi 2812 University Ave. SE The motion passed unanimously. RESOLUTIONS (CONTINUED) 1/29/90 -4- The City Manager presented a Resolution Accepting Proposal and Awarding Contract for Purchase of a Backhoe Mounted Pavement Breaker. He noted staff proposes to fund the purchase of this unit from the public utility fund. RESOLUTION NO. 90 -20 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTACT FOR PURCHASE OF A BACKHOE MOUNTED PAVEMENT BREAKER The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor to Sign the Document Approving the City's Emergency Plan. RESOLUTION NO 90 -21 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE DOCUMENT APPROVING THE CITY'S EMERGENCY PLAN 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 Authorizing the Mayor and City Manager to Enter into a Joint Powers Agreement for the Formation and Administration of the Hennepin -Anoka Suburban Drug Task Force. Mayor Nyquist questioned what the liability was among the four cities. The City Attorney explained the current draft provides indemnity to the other cities, other than the City which the event occurred in. He noted the League of Minnesota Cities is suggesting language which will cover its concerns without exposing cities to further liability. Councilmember Scott inquired if this item should be tabled until the language issue is cleared up. The Finance Director stated he has spoken with the Police Chief, and the Chief is concerned because the Task Force is already operating and feels it would be better to operate under this agreement than none at all. Councilmember Pedlar inquired what benefit the-City would be receiving from this agreement. The City Manager briefly explained how the four communities hope to operate. Councilmember Cohen stated from his past dealings with the City of Maple Grove, it seems they are only interested in help from Brooklyn Center and d surrounding cities if it will benefit Maple Grove directly. He asked Mayor Nyquist to communicate his concerns to the Mayor of Maple Grove. RESOLUTION NO 90 -22 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. i 1/29/90 -S- i The City Manager presented a Resolution Accepting Proposal and Authorizing the Mayor and City Manager to Sign an Agreement for Phase II of the Proposed Communications Audit. Councilmember Cohen asked to be excused from this discussion because of a conflict of interest. Councilmember Pedlar inquired if the City has received any references or history of this company. The City Manager stated the company has been in existence for 10 to 15 years and has a wide range of experience in this field. Councilmember Paulson stated he feels it is important the City is moving ahead with this issue and added he would like to propose open public meetings in place of the phone survey. RESOLUTION NO 90 -23 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN AN AGREEMENT FOR PHASE II OF THE PROPOSED COMMUNICATIONS AUDIT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Philip Cohen abstained. The City Manager presented a Resolution Relating to $3,600,000 City of Brooklyn Center Multifamily Housing Revenue Bonds (Brookwood Estates Project) Series 1985. The City Manager noted this resolution authorizes the transfer of a letter of credit from a defunct financial institution to a different institution. RESOLUTION NO 90 -24 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $3,600,000 CITY OF BROOKLYN CENTER MULTIFAMILY HOUSING REVENUE BONDS (BROOKWOOD ESTATES PROJECT) SERIES 1985 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 Approving Sale of One Parcel of Land on Nonconservation List 741 -NC. He noted adoption of this resolution would approve the public sale of a tax forfeited lot located at 3113 68th Avenue North based on Hennepin County's reappraisal of the lot with consideration to soil conditions which exist on this lot. The Director of Public Works gave a brief history of this property. Councilmember Cohen inquired if this property is a buildable lot. The Director of Public Works stated it would be buildable with enough soil corrections. Councilmember Cohen inquired what the cost would be for the lot. The Director of Public Works stated he has not received the final figure yet, but he believes it will be between $2,000 and $3,000. RESOLUTION NO 90 -25 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING SALE OF ONE PARCEL OF LAND ON NONCONSERVATION LIST 741 -NC The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 1/29/90 -6- ORDINANCES Mayor Nyquist explained if anyone was present for the cigarette vending ordinance, they should be aware that the public hearing is held at the second reading of the ordinance which would most likely be on February 26, 1990. He stated if anyone has materials or written comments they would like the Council to receive, they should be given to the City Manager's office. Councilmember Paulson inquired if there would be some way to allow the people present this evening to speak. Councilmember Pedlar stated he would have no objections to allowing the public to speak this evening. Councilmember Cohen inquired if it were possible to see how many people in the audience were present for this ordinance. Mayor Nyquist inquired how many people in the audience were present for the ordinance on cigarette vending licensing. Five groups appeared, and all indicated they would be willing and able to appear at the second reading and public hearing being held on February 26, 1990. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances to Establish a Planned Unit Development Zoning District. He noted this item was first read on January 8, 1990, published in the City's official newspaper on January 17, 1990, and is offered this evening for a second reading. Councilmember Scott inquired when this ordinance would become effective. The City Manager noted it would become effective 30 days after publication which would be approximately February 17. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Establish a Planned Unit Development Zoning District 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 Scott and seconded by Councilmember Paulson to close the public hearing. The motion passed unanimously. ORDINANCE NO 90 -03 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ESTABLISH A PLANNED UNIT DEVELOPMENT ZONING DISTRICT 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 17 of the City Ordinances Regarding Personnel. He noted this amendment would add Columbus Day as a paid holiday. He stated this item was first read on January 8, 1990, published in the City's official newspaper on January 17, 1990, 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 17 of the City Ordinances Regarding Personnel and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott 1/29/90 -7- to close the public hearing. The motion passed unanimously. ORDINANCE NO. 90 -04 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented An Ordinance Extending the Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Certain Development at the Property Located at 6626 West River Road and All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and T.H. 252. He noted this item 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 reading. Councilmember Cohen noted the Planning Commission has recommended rezoning and inquired if the Council should concur with this recommendation. He asked the Director of Planning and Inspection to comment. The Director of Planning and Inspection stated he would like to review the study for the Council. He noted the Planning Commission recommendation does differ from the study's proposal. He then went on to review the results of the land use study. He explained the comprehensive plan does recommend the northerly portion of Atkins property be used as a general commercial retail zoning use. He then briefly reviewed the three land areas of the study. He noted he believed the Short- Elliott- Hendrickson proposal involved a considerable amount of public involvement. He stated there are consistencies in all five alternatives with regard to Areas 1 and 3. He then reviewed the five alternates. The Director of Planning and Inspection went on to review the Planning Commission recommendation and noted it recommends Area 1 be zoned R1 and Area 3 be zoned R5. He noted it supports the design alternate to the roadway, but the recommendation differed from the SEH proposal in Area 2. He stated the Planning Commission recommends rezoning from C2 to C1 because it is concerned regarding the intense commercial use of this property. Mayor Nyquist stated if Area 1 is the only area rezoned, there would be no need for a moratorium. The Director of Planning and Inspection responded affirmatively. Councilmember Cohen inquired if the Planning Commission found anything that would justify rezoning in Area 2 other than the rezoning option. The Director of Planning and Inspection stated the Planning Commission did not approach this issue from a marketing point. RECESS The Brooklyn Center City Council recessed at 8:37 p.m. and reconvened at 8:50 p.m. ORDINANCES (CONTINUED) The Director of Planning and Inspection briefly reviewed the plan for the realigned roadway and stated the City would possibly need to take a small sliver of land to provide the realignment. Councilmember Cohen stated he is concerned because the Planning Commission recommended downzoning of the property which 1/29/90 -8- could be considered to be a taking of Mr. Atkins' property. He noted this could result in possible litigation and very high expenses. The City Attorney stated downzoning must first serve a reasonable and legitimate public purpose. He noted it must not exclude the owner from reasonable legitimate uses of the property. He stated there is nothing in the Short - Elliot- Hendrickson proposal supporting the downzoning of this area. He added he is not prepared to state whether downzoning would deprive the owner of all reasonable legitimate uses for his property. However, he added downzoning could result in litigation which could easily cost $30,000 which may or may not be covered by insurance. He noted an additional $10,000 - $20,000 would be spent on expert witness fees. Mayor Nyquist stated he believed the data presented by the applicant pertaining to the need for office space is outdated. There is presently an increased demand for office space in the northwest metro area. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Extending the Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Certain Development at the Property Located at 6626 West River Road and All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and T. H. 252. He recognized Mr. Mike Merrick, attorney for Howard Atkins. Mr. Merrick stated he can find no basis for the recommended downzoning of his client's property. He noted there seems to be a disparity on how his client was treated versus the treatment of the SuperAmerica station across the street. He noted he and his client have some concerns regarding the realignment of the roadway because working with MNDOT can sometimes be a lengthy ordeal. He noted Mr. Atkins desires to work with the City for all reasonable requests. Mr. Merrick stated he and his client appear to be back to where they started seven months ago. He added they are opposed to Alternate E because of the delay in implementation and also because it would take a portion of his client's lot. He stated he and his client would like to see option A approved, however, they do have some concerns with rezoning for Area 1. He added if Alternate E could be done in an expedious manner, it may be acceptable. Mayor Nyquist inquired of the Director of Public Works if he could foresee any problems with doing the rerouting concurrently with Mr. Atkins' development. The Director of Public Works stated MNDOT has indicated an offer could be submitted to the City by the end of March. He noted the turnback proceedings for the service road have been initiated and should go fairly smooth. He noted there is a reasonable chance this could be accomplished within two to three months. Councilmember Cohen stated it appears Alternate E would give the City the opportunity to provide the necessary buffer for protection to the R1 homes but a buffer area must be provided. Councilmember Paulson stated Alternate A appears to provide possibly an even better buffer. Mayor Nyquist recognized Phil Dahlen, 6518 Willow Lane. Mr. Dahlen stated he felt there would be even more congestion in the neighborhood if the street were realigned. He noted he opposes the closing of the service road. Mayor Nyquist recognized Arlow Johnson of the Brookdale Motel. Mr. Johnson stated he is in favor of Alternate E, and he feels this would be a very workable 1/29/90 -9- solution and would not hurt his business. Mayor Nyquist then recognized Kurt Danielson, 7035 Willow Lane. Mr. Danielson stated he is on the Northeast Citizens Advisory Group. He stated he feels the Fina station would cause a great deal of congestion in the area and also that Alternate E would be the best solution. Mayor Nyquist recognized Greg Cameron, 6620 Willow Lane. He noted at the Planning Commission public hearing, the applicant stated he did not want to do anything that would harm the other properties. He inquired how the area would be affected if the traffic levels change. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing on An Ordinance Extending the Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Certain Development at the Property Located at 6626 West River Road and All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and T.H. 252. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to deny An Ordinance Extending the Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Certain Development at the Property Located at 6626 West River Road and All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and T.H. 252. The motion passed unanimously. Councilmember Cohen stated he still has some concerns with the Fina station and its uses and noted the buffer issue must be addressed as a part of any plan. The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations. He noted this amendment would ban the sale of cigarettes from vending machines, and this item is offered this evening for a first reading. He stated recently there have been some III; changes in cigarette g e vending machines which would allow for a remote control device to be connected to a vending machine. He noted the City will be receiving information on this in the near future, and if the Council wished they could pass the ordinance for first reading this evening and make whatever changes necessary at the second reading. Councilmember Pedlar stated he has received calls from a number of people who feel the City is trying to eliminate the sale of cigarettes totally. He noted this is not true, the City is only trying to eliminate the sale of cigarettes to minors. Councilmember Scott stated she is concerned that someone will rig the remote control device so the machine is open all the time. Councilmember Cohen stated he is sure the Council will have many solutions at the public hearing. Councilmember Paulson stated he would like to see the Council move forward with this issue, and he feels this is a socially justifiable ordinance. 1/29/90 -10- There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations and setting a public hearing date of February 26, 1990, at 7:30 p.m. The motion passed unanimously. DISCUSSION ITEMS HUMAN RIGHTS AND RESOURCES COMMISSION RECOMMENDATION TO AUTHORIZE A SURVEY OF RESIDENTS REGARDING TRANSPORTATION The City Manager explained the Human Rights and Resources Commission has recommended a survey be completed pertaining to transportation in Brooklyn Center. He noted the Northwest Hennepin Human Services Council would be able to assist the City and the Human Rights and Resources Commission in this survey. Councilmember Scott inquired how many times Brooklyn Center has participated in this type of survey. The City Manager stated he does not believe the City has ever conducted a transportation survey. Councilmember Scott inquired if this would be in conflict with existing programs. The City Manager stated staff feels there is a need to evaluate transportation needs, not only senior transportation, but all types including light rail transit, MTC, and handicap. Councilmember Paulson stated it may also give the City information on other types of options and how much the transportation systems would be used. Councilmember Cohen stated he feels this is the right way to proceed, and the City should move forward because it will give the City answers to many questions. Councilmember Scott stated she does not have a problem with the survey, she would just like to know what types of questions are going to be asked and who will be asking them. The Personnel Coordinator stated a survey would be done of a random sampling of the City, but final decisions have not been made for target areas. Mayor Nyquist inquired if the Northwest Hennepin Human Services Council would handle this survey with its own staff or if it would hire someone outside. Ms. Patty Wilder of the Northwest Hennepin Human Services Council stated the survey would be completed using its own staff and noted the Human Rights and Resources Commission would actually be conducting the phone surveying. Councilmember Pedlar inquired if the City could request PostNews to do a brief article requesting input. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson approving the Human Rights and Resources Commission's proposal as submitted with review of the questionnaire by the City Council. The motion passed unanimously. JOINT POWERS AGREEMENT - FIRE TRAINING FACILITY The City Manager noted Brooklyn Center has been asked to join a four city joint powers agreement to build and maintain a fire training facility. He stated the City of Fridley has taken the lead in developing a proposal which will provide a permanent facility for training our firefighters. He noted the four cities include Fridley, Columbia Heights, Spring Lake Park, and Brooklyn Center. Councilmember Paulson inquired if there would be other cities that are interested and also joining. The Fire Chief stated it has been decided to limit this to four cities so each city would have adequate time for training and if there are dates available, the sites could then be rented to nonmembers with the money going towards operating costs. 1/29/90 -11- There was a motion by Councilmember Scott and seconded by Councilmember Cohen approving the preliminary concept of a Joint Powers Agreement and instructing the City Manager or his designee to proceed with finalization of a Joint Powers Agreement to be brought back for Council approval. The motion passed unanimously. LELS CONTRACT AMENDMENT The City Manager stated staff is recommending approval of the amendments to the LELS contract. There was a motion by Councilmember Paulson and seconded by Councilmember Scott approving the amendments to the 1990 -91 LELS Local No. 82 union contract. The motion passed unanimously. PROPOSAL FROM DCA INC. FOR EMPLOYEE FLEX PLAN The Finance Director briefly reviewed the proposal submitted by DCA, Inc. for flexible spending accounts for full -time City employees. He noted the program would enable City employees to pay health insurance premiums, unreimbursed medical expenses, and child care from pre -taxed dollars. He stated the cost per employee per month is $3.60. He noted most of the costs would be recovered through savings on the City's share of taxes for FICA (social security). There was a motion by Councilmember Scott and seconded by Councilmember Pedlar directing staff to enter into an agreement with DCA, Inca to provide services for a flexible spending account program for the City's full -time employees. The motion passed unanimously. The City Manager noted at a recent City Council meeting staff was directed to place the City's three off -sale liquor stores on the State lottery mailing list to receive information on selling lottery tickets. He noted the City has received the necessary information and is ready to submit the applications if the Council so wishes. Councilmember Paulson inquired if the City gets a percentage of the ticket sales. The City Manager responded the City would receive five percent. Councilmember Paulson inquired if there was any way to predict what this five percent would actually mean in dollars. The City Manager responded negatively. Councilmember Pedlar stated it is possible there would be a greater impact on liquor stores if we did not sell lottery tickets. The City Manager stated it was hard to say this point, nt but it could asset. P 1 be considered an There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar instructing staff to submit the applications for selling lottery tickets at the three municipal liquor stores. The motion passed with Councilmember Paulson opposed. PARK AND RECREATION COMMISSION RECOMMENDATION REGARDING TWIN LAKE PARK STUDY The City Manager noted the Park and Recreation Commission has reviewed and discussed the Twin Lake Park Study prepared by Westwood Professional Services, Inc. He stated the commission recommended the City Council accept the concept plan proposed by Westwood Professional Services regarding the Twin Lake Park Study at its January 16, 1990, meeting. He noted the Minnesota Pollution Control Agency has granted general concept approval. He added the Park and 1/29/90 -12- Recreation Commission feels it will be the final step in the park plan. Councilmember Cohen inquired what type of use Joslyn could sell the property for in its condition. He inquired if the City could take an easement and let them retain the title. The City Manager noted this could be the way to go and added the City has a problem appraising that property. Councilmember Cohen stated if Joslyn were to let the property go tax delinquent, he does not believe the City should try to purchase it but should just wait and see who gets the title. There was a motion by Councilmember Scott and seconded by Councilmember Cohen approving the concept plan as proposed by Westwood Professional Services, Inc. The motion passed unanimously. PARK AND RECREATION COMMISSION RECOMMENDATION REGARDING USE OF SKATE BOARDS The Personnel Coordinator stated in the fall of 1989, the Brooklyn Center Employee Safety Committee expressed concern over the misuse /abuse of skate boards in central park and the community center. She noted the City Manager forwarded this concern to the Park and Recreation Commission for its review. After much review and discussion, the Commission has recommended to the City Council that the problem of misuse /abuse of skate boards in City parks and property be monitored to determine if the situation warrants further action. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar accepting the Park and Recreation Commission's recommendation regarding skate boards. The motion passed unanimously. LMCIT PROPOSAL FOR AN ACCIDENT POLICY FOR MEMBERS OF CITY COUNCIL AND CITIZEN ADVISORY COMMISSIONS The Finance Director explained that the cost of Workers' Compensation was prohibitive for most Minnesota cities to offer it to councils and commissions. He stated LMCIT has developed an accident or short disability policy which is much cheaper. He noted this policy is not a substitute for Workers' Compensation coverage. He stated it is a low cost alternative to Workers' Compensation coverage. He noted the accident coverage applies while the individual is traveling to or from a committee meeting or while conducting other official business on behalf of, and at the request of, the council or commission. There was a motion by Councilmember Scott and seconded by Councilmember Paulson directing staff to make application for coverage for the City Council and its Advisory Commissions. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:38 p.m. City Clerk May 1/29/90 -13-