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HomeMy WebLinkAbout1990 02-26 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 ' FEBRUARY 26, 1990 F CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 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 S Kn � y pp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Ron Batty, City Engineer Mark Maloney, k Personnel Coordinator Geralyn Barone, Public Works Coordinator Diane Spector, I and Administrative Aide Patti Page. INVOCATION t The invocation was offered by Councilmember Scott. RECESS TO EDA MEETING The City Council recessed at 7:06 p.m. and reconvened at 7:08 p.m. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from ` the consent agenda. Councilmember Paulson requested items 7b and 7f be removed. RESOLUTION N0. 90 -32 Member Celia Scott introduced the following resolution and moved its adoption: I RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CITY OF ROBBINSDALE FOR THE CONSTRUCTION OF THE TWIN LAKE /RYAN LAKE IMPROVEMENT PROJECT AS AUTHORIZED BY THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 90 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 86 -123 REGARDING THE SCHEDULE FOR PLANNING AND INSPECTION DEPARTMENT FEES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. r RESOLUTION NO 90 -34 2/26/90 -1- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE IMPROVEMENT BONDS OF 1970 DEBT SERVICE FUND TO THE IMPROVEMENT BONDS OF 1976 DEBT SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -35 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE BUILDING AND IMPROVEMENT BONDS OF 1969 DEBT SERVICE FUND TO THE IMPROVEMENT BONDS OF 1976 DEBT SERVICE FUND 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: BULK VENDOR K -Mart 5930 Earle Brown Drive FOOD ESTABLISHMENT Brooklyn Center Community Center 6301 Shingle Ck. Pkwy Inn on the Farm 6155 Earle Brown Drive MECHANICAL SYSTEMS I f Hoffman Corner Heating & A/C 3595 Hoffman Road NONPERISHABLE VENDING MACHINES American Vending Company P. 0. Box 511 Sears Automotive Brookdale Center K -Mart 5930 Earle Brown Drive NSI /Griswold Corporation 8300 10th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. Lynbrook Bowl 6357 N. Lilac Drive Travelers North 6601 Shingle Ck. Pkwy. Norcroftt, Inc. 8841 Jefferson Highway Brooklyn Center High School 6500 Humboldt Ave. N. Don Waletzko 8751 Dallas Lane Humboldt Square Cleaners 6824 Humboldt Ave. N. Woodside Enterprises 11889 65th Ave. N. Brooklyn Center City Hall 6301 Shingle Ck. Pkwy. Brooklyn Center Police Department 6301 Shingle Ck. Pkwy. ON -SALE NONINTOXICATING MALT LIQUOR Centerbrook Golf Course 5500 North Lilac Drive PERISHABLE VENDING MACHINES American Vending Company P. 0. Box 511 2/26/90 -2- Sears Automotive Brookdale Center NSI /Griswold Corporation 8300 10th Ave. N. Travelers North 6601 Shingle Ck. Pkwy. Norcroftt, Inc. 8841 Jefferson Highway Brooklyn Center High School 6500 Humboldt Ave. N. RENTAL DWELLINGS INITIAL: Dale Voltin Lyn River Apartments" Richard Shurman 4204 Lakebreeze Ave. N. David & Carolyn Wagtskjold 6845 Willow Lane RENEWAL: Egons Podnieks Garden City Court Apts. Curtis Erickson Lake Shore Apts. Invespro V Limited Partnership Unicorn Apts. Howard & Harriet Oien 5801 Brooklyn Blvd. James & June Ullom 6300 France Ave. N. Beisner Limited 1531 Humboldt Place M & J Properties 1537 Humboldt Place M & J Properties 1543 Humboldt Place M & J Properties 1549 Humboldt Place M & J Properties 1555 Humboldt Place Sharon M. Fratzke 4201 Lakeside Ave. N. #208 Daniel & Nadia Graskow 4201 Lakeside Ave. N. #310 Dr. Akbar Sajady 4207 Lakeside Ave. N. #131 Dr. Akbar Sajady 4207 Lakeside Ave. N. #224 Dr. Akbar Sajady 4207 Lakeside Ave. N. #326 E. Alan Knudson 5547 Lyndale Ave. N. David W. Zemke 6813 Noble Ave. N. Reuben & Diane Ristrom, Jr. 6821 Noble Ave. N. Robert Berglund 6835 Noble Ave. N. Wayne K. Pearson 6900 Toledo Ave. N. Dr. John Lescault 3507 62nd Ave. N. Lee Marwede 4700 -02 68th Ave. N. Kim McDonough 4703 68th Ave. N. SPECIAL FOOD HANDLING ESTABLISHMENT Best Products Co., Inc. 5925 Earle Brown Drive Children's Palace 5900 Shingle Ck. Pkwy. TAXICAB Town Taxi 2812 University Ave. SE The motion passed unanimously. PRESENTATIONS Mayor Nyquist noted there were two members present this evening who would be retiring from the Charter Commission. RESOLUTION NO. 90 -36 Member Todd Paulson introduced the following resolution and moved its adoption: 2/26/90 -3- RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARY HEITZIG The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -37 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF NEIL SMEATON The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Nyquist presented plaques to Mary Heitzig and Neil Smeaton for their service on the Charter Commission. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Authorizing the Issuance of Multifamily Housing Revenue Replacement Bonds under the Municipal Housing Act (Earle Brown I Commons Project). He referred the Mayor and City Council to the letter of explanation from Holmes and Graven. RESOLUTION NO. 90 -38 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REPLACEMENT BONDS UNDER THE MINNESOTA HOUSING ACT (EARLE BROWN COMMONS PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by 4 member Celia Scott, and the motion passed unanimously. i The City Manager presented a Resolution Establishing Improvement Project No. 1990 -08, 1990 Sealcoating Program, Approving Plans and Specifications Therefore and Ordering Advertisement for Bids. Councilmember Paulson stated he would like staff to explore other options to the tar and trap rock treatment. He stated he feels the present sealcoating process is creating problems for residents' vehicles. He noted he felt the streets are fine in their present condition. The City Manager explained the reason the streets are in such good condition is because of the sealcoating process which is currently being used. The Director of Public Works gave a brief explanation of the current process and noted all sealcoat options are basically the same. He noted the method which is currently being used is the least troublesome to property owners. He also noted the other options are not as effective as the current method. The City Manager stated if sealcoating is not done on a periodic basis, the City would be facing a major financial drain to replace the street system. RESOLUTION NO. 90 -39 Member Celia Scott introduced the following resolution and moved its adoption: 2/26/90 -4- RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1990 -08, 1990 SEALCOATING PROGRAM, APPROVING PLANS AND SPECIFICATIONS THEREFORE AND ORDERING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager er resented Y g P a Resolution Establishing Improvement Project No. g P J 1990 -09, Rehabilitation of Well No. 2, Accepting Proposals for Work and P g P l i Approving Contracts Thereto. The City Manager explained it has been determined j the electric motor for well No. 2 cannot be rebalanced and the hollow shaft is out of tolerance. He noted any work on the existing motor and head shaft would be neither practical nor guaranteed. He stated it is recommended to replace the existing motor and head shaft. i RESOLUTION NO. 90 -40 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1990 -09, REHABILITATION OF WELL NO. 2, ACCEPTING PROPOSALS FOR WORK AND APPROVING CONTRACTS THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. I The City Manager presented a Resolution Receiving Engineer's Report Regarding Improvement Project No. 1990 -10, Reconstruction of 69th Avenue North from Noble Avenue North to Shingle Creek Parkway, and Calling for Hearing Thereon. He noted the public hearing has tentatively been scheduled for March 26, 1990. The Director of Public Works stated this resolution would set the public hearing date for March 26, 1990, at 8 p.m. He stated the public hearing would be held at Constitution Hall. He added the City Council may wish to consider opening the City Council meeting in the Council Chambers and moving to Constitution Hall for the public hearing. Councilmember Cohen stated it sounds as though this would be a quite comprehensive public hearing and inquired if the Council should consider holding a special meeting for this item or limiting the items on the regular agenda. He noted he feels it is best to make this item the primary item for the evening. The City Manager stated he would instruct his staff to keep the agenda clear for that evening to allow as much time as possible for the public hearing. The Director of Public Works went on to briefly review the project and noted the problem area is segment 2. He then went on to review Alternates A, B, and C for the Council. Councilmember Pedlar inquired how many notices have been sent out regarding this improvement project. The Director of Public Works stated approximately 800 notices went out which covered over 700 homes. He noted if a home was not owner occupied, it was sent to both the owner and the occupant. He noted there were approximately 150 people at each meeting. Councilmember Paulson inquired approximately how many homes would be assessed for the project. The Director of Public Works stated it could be anywhere from 10 to 30 depending on which Alternate is chosen. Councilmember Paulson inquired if staff will be able to prove the properties benefited by the proposed assessment amount once the 2/26/90 -5- project is complete. The Director of Public Works responded affirmatively. RESOLUTION NO. 90 -41 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT REGARDING IMPROVEMENT PROJECT NO. 1990- 10, RECONSTRUCTION OF 69TH AVENUE NORTH FROM NOBLE AVENUE NORTH TO SHINGLE CREEK PARKWAY, AND CALLING FOR HEARING THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations. The City Manager noted this amendment would ban the sale of cigarettes from vending machines. He noted this item was first read on January 29, 1990, published in the City's official newspaper on February 7, 1990, and is offered this evening for a second reading. He explained staff did include an option B ordinance which would allow for the sale of cigarettes from vending machines if a remote device or token is available. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations. Mayor Nyquist recognized Dr. Jeanne Forester from the School of Public Health at the University of Minnesota. She stated she supports the total ban of cigarette sales from vending machines. She cited two studies which have been completed which indicate it is fairly easy for teenagers to purchase cigarettes from vending machines. She noted the increased penalty for sale of cigarettes to minors affected the sale of over - the - counter sales to minors but did not affect the vending machine sales. She stated she would urge Brooklyn Center to join with the ten other communities to enact a total ban. She added she has no illusions this will halt teenage smoking, but it will make it more difficult. Mayor Nyquist inquired if Dr. Forester had any opinion or data regarding the electronic devices for vending machines. Dr. Forester noted there has been a law in effect for ten years in Utah pertaining to electronic devices on cigarette vending machines. She noted it has been found this law is not very effective because the devices are not always correctly hooked up. Dr. Forester ! then introduced Theresa Buckholz, age 15, who went to businesses in Brooklyn I Center and purchased cigarettes. Ms. Buckholz presented to the Council a number of packages of cigarettes with the names and addresses of the businesses from which she purchased them. Councilmember Pedlar inquired if the cigarettes were sold over the counter or through a vending machine. Ms. Buckholz stated she purchased these cigarettes from vending machines, but in many cases she was directed to the vending machines by adults or employees of the business. Mayor Nyquist recognized Tom Briant, from the Coalition for Responsible Vending Sales. He noted he does not represent the tobacco industry or the manufacturers. He noted the total ban is not the only option available to the City of Brooklyn Center. He stated the electronic devices which are now being 2/26/90 -6- considered are very sophisticated, unlike the device used in Utah. He explained the device must be pushed each time for the sale of cigarettes. He stated the retro- fitting of the machines is quite expensive, but the expense would be borne by the vending operator and not the business in which the machine is located. Councilmember Cohen inquired if the operators would accept a penalty if cigarettes were sold to a minor through their machine. Councilmember Cohen inquired what the proximity of the machine to the device would have to be to make this effective. Mr. Briant stated the machine would have to be in clear view and close proximity to the electronic device. Mayor Nyquist pointed out Ms. Buckholz was directed to the vending machines by employees of many of the businesses. Mr. Briant stated installation of the electronic devices would have to be supplemented by an educational process. He noted the employees would have to be informed they could be guilty of a gross misdemeanor if they sold cigarettes to minors. Councilmember Paulson inquired how long this device has been available. Mr. Briant stated the current device became available in the past few months since the White Bear Lake council banned cigarette vending machines. Councilmember Paulson stated it appears action was only taken after a ban was put into place in White Bear Lake. Mayor Nyquist stated he believes what Councilmember Paulson is trying to point out is that smoking has always been unhealthy for children and that the cigarette vending machine ban did not make smoking bad for children. Mayor Nyquist then recognized Ronald Reinking, 1707 69th Avenue North. Mr. Reinking stated he is Vice President of Vendor Supplies and Service. He noted his company rebuilds and repairs vending machines. He stated he has also developed a device that is effective. He stated he feels the electronic devices can reach the Council's goal. Mayor Nyquist then recognized Ms. Pat Milton, 7020 Perry Avenue North. Ms. Milton stated she is President of the PTA for Willow Lane elementary school, and she strongly encourages a total ban of cigarette vending machine sales. She noted children learn more by example than anything else. She stated currently they are hearing one message, yet seeing a double standard. Children know it is very easy to obtain cigarettes from vending machines. She noted the children have no voice at the State or National level and the local cities should work for them. She also added if the City Council were to elect to allow the electronic devices, it would be placing a burden on young adults who must make a decision as to whether or not they sell cigarettes to friends or obey the law. Mayor Nyquist recognized Mr. Tom Kiscaden, manager of the LaCasita restaurant. Mr. Kiscaden stated the vending machines at LaCasita are within plain view of the hostess. He noted this is the most secure and efficient way to sell cigarettes to adults who have the right to buy them. Councilmember Pedlar inquired if the vending machine ban were approved, does Mr. Kiscaden see an impact on his business. Mr. Kiscaden responded affirmatively and stated he feels adults will go to establishments that will provide cigarettes. Councilmember Paulson asked how much money LaCasita makes from the sales of cigarettes through vending machines. Mr. Kiscaden stated he did not have any figures on that. Councilmember Paulson asked for a rough estimate. Mr. Kiscaden stated he would estimate approximately $200 a month is received from the cigarette vending machines. Mayor Nyquist pointed out when Ms. Buckholz presented the cigarettes to the Council, LaCasita restaurant was mentioned once 2/26/90 -7- I i or twice. Mayor Nyquist recognized Mr. David Johnson, Program Director for the Association of Nonsmokers of Minnesota. Mr. Johnson stated the selling of cigarettes to minors is a gross misdemeanor in the State of Minnesota. He noted as long as there are cigarette vending machines which are accessible, teenagers will buy cigarettes. He noted alcohol is less addictive, but no one is suggesting we sell that from vending machines. Mayor Nyquist recognized Karl Gaardsmoe, manager of the Ground Round restaurant. Mr. Gaardsmoe stated he supports the restriction of sales of cigarettes to minors, but he feels adults should still be able to purchase them in the establishments which they frequent. He noted he spends a considerable amount of time educating his employees regarding the sales of liquor to minors, and this can also be done for cigarettes. Councilmember Cohen stated he has heard many times this evening that machines help inventory control. He inquired if the cigarette vending machines could be moved behind the counter. Mr. Gaardsmoe stated in some cases that may be possible, but at his restaurant they would have to do remodeling in order to achieve this. Mayor Nyquist then recognized Mary Forstad, a Project Coordinator with Dr. Jeanne Forester. She noted studies have indicated vending machines are not the major source of sales for tobacco. Mayor Nyquist recognized Mr. Gene Winstead, American Amusement Arcades. Mr. Winstead stated a device has been designed which makes it necessary for a cigarette buyer to come face -to -face with an employee within the business to finish a sale. He pointed out since the City of Brooklyn Center does license cigarette vending machines, they could revoke or deny a license if there were j violations pertaining to the use of the locking device. Mr. Winstead stated awareness is the key issue to this problem and the industry is willing to get on board. He noted it is against the law to sell cigarettes to minors; however, it is not against the law for a minor to buy cigarettes. He stated he feels the City should use its licensing ordinance as the enforcement tool. Councilmember Paulson stated he has not heard anyone this evening state they feel the health of the children in Minnesota is important. Mr. Winstead noted he would disagree and stated everyone in the industry is in favor of prohibiting children from smoking. Mayor Nyquist recognized John Doherty, 6424 Orchard Avenue North. Mr. Doherty f f stated he is in favor of the total ban of cigarette vending machine sales. 4 f Mayor Nyquist then recognized a resident from 6801 Zenith Avenue North who I stated he is also in favor of the total ban of cigarette vending machine sales. He stated he felt it was interesting the industry had no concern for teenage smoking until a total ban was issued. Mayor Nyquist inquired if there was anyone else present who wished to address the City Council. 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 Pedlar 2/26/90 -8- CORRECTION to close the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations. The motion passed unanimously. Councilmember Pedlar stated during the course of the public hearing, his feelings and concerns regarding cigarette vending machine sales has changed. He stated he does not believe the electronic devices will work effectively because when an establishment gets busy an employee will hit the button and move on to other duties without paying any attention. He added people who do smoke will have the tobacco with them in an establishment that does not have cigarette vending machines. Councilmember Pedlar stated he happens to be a tobacco user, although he wishes the circumstances were different. He noted if he can make a difference in Brooklyn Center, he will fight tooth and nail to help the children of Brooklyn Center. Councilmember Paulson stated this is a health and monetary issue. He noted in many establishments there are teenagers and young adults working within the establishment. He stated he is sure these young employees will be more concerned with peer pressure than the gross misdemeanor violation. He reminded the Council that Ms. Buckholz purchased cigarettes from vending machines within the City's own municipal liquor stores. He pointed out if the City cannot stop sales in its own .liquor stores, how can they expect anything different from the businesses in Brooklyn Center. Councilmember Cohen stated the State Legislature is currently discussing the bans which have been imposed by many cities. He noted if the City of Brooklyn Center should approve this ordinance, a letter and a copy of the ordinance should be sent to the State as soon as possible so they know Brooklyn Center's position. Councilmember Scott noted she is a nonsmoker by choice but grew up in a household with two parents who smoked. She noted she is the mother of ten children, two of which smoke cigarettes. She stated as her children were growing up, she wished it had not been so easy for her children to purchase cigarettes from vending machines and over the counter. She stated as parents and elected officials, she feels it is our responsibility to make certain decisions for our children. She stated she would make that decision by placing a total ban on cigarette vending machines in Brooklyn Center. Mayor Nyquist inquired how the issue will be handled for those licenses which have already been approved. The City Manager stated a reasonable time table for removal of the machines will be established with a refund for the balance of the license fee. ORDINANCE NO. 90 -05 Member Jerry Pedlar introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. 2/26/90 -9- There was a motion by Councilmember Scott and seconded by Councilmember Paulson authorizing staff to refund the balance of license fees to those businesses holding an approved cigarette vending license. The motion passed unanimously. RESOLUTION NO. 90 -45 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION URGING LOCAL CONTROL OF LICENSING AND SALE OF CIGARETTES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9:12 p.m. The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions Public Nuisances. He noted this ordinance amendment relates to the parking and storage of vehicles and equipment in residential areas and was discussed, most recently, at the February 12, 1990, City Council meeting. He noted this ordinance is offered this evening for a first reading. He noted the amendment has been modified as per the discussions of February 12, 1990. Councilmember Cohen suggested staff prepare some type of chart which would explain what a resident can and cannot do and the net results. The City Manager stated he will have staff work on a simplistic chart or explanation. Councilmember Pedlar asked staff to elaborate on the phone calls they received. The Director of Planning and Inspection stated some of the calls he received concerned parking of boats and RVs on unimproved areas in the front yard. He noted other callers felt the City was going too far by trying to regulate what a resident could or could not do in their own yard. The City Manager stated he had some calls which dealt with the possibility of a total ban of parking in certain areas or for certain vehicles. Councilmember Scott inquired if children's playhouses would be prohibited. She noted she received a few calls regarding this and asked how the ordinance would j apply. The Director of Planning and Inspection stated it was not staff's intent to disallow playhouses for children. He noted in section D, item No. 14, playhouses could be stricken from the wording. The City Manager noted by ' passing this amendment some of the complaints can be addressed. k { There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances, with the deletion of playhouse from section D, item No. 14, and setting a public hearing for April 9, 1990, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Height of Fences, Hedges or Walls. He noted this ordinance amendment was discussed at the February 12, 1990, City Council meeting and would allow higher fences, hedges, and walls in certain yards that abut public streets. He noted the ordinance amendment is offered this evening for a 2/26/90 -10- first reading. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Height of Fences, Hedges or Walls and setting a public hearing date of April 9, 1990, at 7:30 p.m. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1990 Pay Plan. He noted this would approve the addition of the EDA Assistant Coordinator. He explained the EDA budget was approved after the pay plan, and this resolution would recognize the action of the Council. Councilmember Paulson stated he feels there is a need for this position; however, he is not convinced of the salary that is being suggested. The Personnel Coordinator stated the position was placed at this grade level because of where it fell with comparable positions within the City, those being the City Clerk and Appraiser. RESOLUTION N0. 90 -42 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1990 PAY 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 a Change in Accounting Practice to Record the Full Liability in the General Fund for Vacation and Sick Leave of City Employees. The Finance Director stated this is a one -time adjustment, and it will not actually cost the City anything. RESOLUTION NO. 90 -43 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A CHANGE IN ACCOUNTING PRACTICE TO RECORD THE FULL LIABILITY IN THE GENERAL FUND FOR VACATION AND SICK LEAVE OF CITY EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PUBLIC HEARING - TAX INCREMENT DISTRICT The City Manager stated it is recommended the public hearing regarding the Tax Increment District scheduled for this evening be tabled to the March 12, 1990, City Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to table the public hearing on the Tax Increment District to March 12, 1990. The motion passed unanimously. MAYORAL APPOINTMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to appoint John Vogel to the Northwest Hennepin Human Services Council Advisory Commission. The motion passed unanimously. 2/26/90 -11- RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Requesting Authority to Issue an On -sale Liquor License from the State of Minnesota for the Earle Brown Heritage Convention Center. RESOLUTION NO. 90 -44 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING AUTHORITY TO ISSUE AN ON -SALE LIQUOR LICENSE FROM THE STATE OF MINNESOTA FOR THE EARLE BROWN HERITAGE CONVENTION CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. DISCUSSION ITEMS RECOMMENDATION FROM HUMAN RIGHTS AND RESOURCES COMMISSION TO CONTRIBUTE FUNDING TO PEACEMAKER CENTER The City Manager noted in December 1989, the City received a request from Brooklyn Peacemaker Center, Inc. for a $5,000 contribution. He noted since the 1990 budget had already been established, the request was forwarded to the Human Rights and Resources Commission for its review. He stated at its February 14, 1990, meeting, the Commission reviewed the request and recommended to the City Council it contribute $5,000 to Brooklyn Peacemaker Center, Inc., if the funds are available. The Personnel Coordinator stated if the Council did approve the recommendation, a contract would be written between the Brooklyn Peacemaker Center, Inc. and the City of Brooklyn Center. There was a motion by Councilmember Cohen and seconded by Councilmember Scott approving the recommendation of the Human Rights and Resources Commission to contribute $5,000 to Brooklyn Peacemaker Center, Inc. and instructing staff to f prepare an agreement between the two parties. The motion p passed. Mayor Nyquist and Councilmember Pedlar abstained. LOCAL 49 CONTRACT AMENDMENT The City Manager noted this amended Labor Agreement will make the contract consistent with Chapter 17 of the City ordinances regarding personnel and also correct a few typos within the body of the contract. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to amend the 1990 -91 Local 49 Agreement regarding use of sick leave for probationary employees. The motion passed unanimously. STREET LIGHTING POLICY The Director of Public Works stated in the 1990 budget $140,000 is budgeted to pay electrical costs, while $3,000 is budgeted for maintenance of street lights. He then went on to review the current street lighting policy and noted it is directed primarily towards traffic safety. He noted another direction could be property security. He noted staff has contacted other metro area cities regarding its street lighting policies. He noted while some have a policy similar to Brooklyn Center's, others have established or are contemplating systematic installation programs. He stated the City of Maple Grove charges its 2/26/90 -12- residents, on its utility bills, a $5.40 per quarter street lighting fee. He stated the City of Robbinsdale is considering such a fee. Councilmember Cohen noted he originally made the inquiry regarding street lighting. He noted a resident had called him who had installed a security light in his alley. He noted the resident is now retired and inquired if the City would pay the cost of this security light. Councilmember Cohen inquired if security lighting is something the City wants to get involved with. The City Manager stated he has not received any comments or complaints recently regarding street lighting. Councilmember Pedlar inquired if Councilmember Cohen wished to bring this issue to the community. Councilmember Cohen stated in some respect he would like to get the residents' views on this issue. He stated he thought the crime watch programs may be a good way to reach the public. The City Manager stated a survey could be done of the crime watch programs. Mayor h Nyquist pointed out if the City has not received any complaints recently, he was not sure we should stir the issue up. The City Manager stated he could ask the Police Department to review security lighting options which are available. j Councilmember Paulson inquired regarding the lighting on the Xerxes Avenue bridge. The Director of Public Works stated at the time of Councilmember Paulson's inquiry, MNDOT had not yet installed the lights on I -694. He noted lighting has been installed on I -694, and there is lighting on the bridge deck which comes from the I -694 lights. He noted staff would recommend installation of more lights at the time of the trail completion across the bridge. E DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE AND FOR PERSONS WHO ARE TOTALLY AND PERMANENTLY DISABLED The City Manager stated following the public hearings regarding alley paving projects, the Council requested the existing policy regarding deferment of special assessments be reviewed prior to the completion of special assessment hearings. The Director of Public Works went on to review Minnesota Statutes 435.193 through 435.195 which allows cities to defer special assessments under certain conditions and the cities existing policy. The City Manager pointed out there are very few cases within the alley paving projects which would qualify for the deferment. Councilmember Pedlar pointed out the Council indicated staff would research the deferment policy for young families just starting out. He stated he feels something should be done about a deferment for them. Mayor Nyquist pointed out the City cannot set a policy for anyone other than those that are specified within the State Statutes. ALTERNATE FUNDING SOURCES FOR PUBLIC WORKS PROGRAMS AND PROJECTS The City Manager stated a report has been prepared by the Public Works Coordinator which identifies a number of alternative funding options for public works projects and programs which warrant consideration and discussion. The Director of Public Works went on to review options one A, one B, and one C. He referred the Mayor and City Councilmembers to the report prepared by the Public Works Coordinator. He went on to explain the three options for funding of new storm sewers and the maintenance of these. The Finance Director pointed out one of the real problems is the levy limitations. Councilmember Cohen agreed with the Finance Director and noted the State and Federal governments are also trying to find alternative funding sources. He noted levy limits on the general fund would mean everyone pays for something whether they benefit or not. The 2/26/90 -13- Director of Public Works pointed out there is a need to treat storm sewer runoff, and the question is not how but when. The Director of Public Works went on to review option one D, one E, and one F. The Council had no questions regarding these options. He then reviewed option one G and stated he would like to get the 69th Avenue improvement project well under control and then start taking more money for maintenance costs. He recommended reviewing the general funding options for the Council when the need arises. POTENTIAL APPOINTMENTS TO MNDOT- HIGHWAY 100 CITIZENS COMMITTEE The City Manager noted MNDOT has requested Brooklyn Center appoint two members to represent Brooklyn Center on the Citizens Advisory Committee for the upgrading of T.H. 100. A discussion then ensued regarding potential citizens for this appointment. Councilmember Pedlar stated Dick Digatano and Dale Greenwald both live in this area. He noted Mr. Greenwald also has a business. There was a general consensus among commission members that the Mayor would appoint two representatives to the Citizens Advisory Committee. LEGISLATIVE UPDATE The City Manager briefly reviewed the newest house bill which basically repeals the Tax Increment Financing. Councilmember Cohen went on to review the other bills in the House and Senate regarding Tax Increment Financing and recommended the Council pass a resolution opposing House File 1760 and Senate File 2209. ADEQUATE FUND BALANCE FORMULA CHANGE The City Manager noted that a formula was adopted in 1980 which reserved 25% of the total general fund for working capital. He explained collection of both property taxes on local government aid have been pushed back even further, and nothing is received from those sources until after July 1 of each year. It is recommended the formula be changed to increase the amount to 40 %. There was a motion by Councilmember Scott and seconded by Councilmember Cohen f approving the adequate general fund balance policy formula as set forth in M &C No. 80 -31 and amended on February 26, 1990. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson f to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:15 p.m. I City Clerk May 2/26/90 -14-