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HomeMy WebLinkAbout1989 08-14 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 AUGUST 14, 1989 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 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, City Engineer Mark Maloney, and Administrative Aide Patti Page. INVOCATION ' The invocation was offered by Reverend Bob Cilke, representing the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist recognized Reverend Cilke who stated he felt it would be appropriate for the City to present an award or some type of recognition to Les Thurs for his work with the Brooklyn Center Little League. He noted Mr. Thurs has worked with the Little League for 20 years. Councilmember Cohen stated he felt this was a good idea, and the Council may want to consider some type of recognition award on a regular basis. The City Manager stated he would have staff check into this. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. He noted staff has requested item 9f be removed. Councilmember Cohen requested 8b be removed and Councilmember Pedlar requested item 9a be removed. APPROVAL OF MINUTES - JULY 24 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the July 24, 1989, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE - EARLE BROWN BOWL - 6440 JAMES CIRCLE There was a motion by Councilmember Scott and seconded by Councilmember Paulson to release the performance bond for Earle Brown Bowl, 6440 James Circle. The motion passed unanimously. RESOLUTIONS RESOLUTION NO 89 -148 Member Celia Scott introduced the following resolution and moved its adoption: 8/14/89 -1- RESOLUTION TO TRANSFER FUNDS FROM THE GOVERNMENT BUILDINGS TO THE FINANCE DEPARTMENT AND WITHIN THE GOVERNMENT BUILDINGS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -149 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGENCY AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -150 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPOINTING ALTERNATE COMMISSIONER TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 89 -151 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPOINTING ALTERNATE COMMISSIONER TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 89 -152 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 08/14/89) 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: GARBAGE AND REFUSE COLLECTION VEHICLE Block Sanitation 6741 79th Avenue N. Browning Ferris Industries of MN 9813 Flying Cloud Drive Metro Refuse 8168 West 125th Street Robbinsdale Transfer 3601 48th Avenue North 8/14/89 -2- Waste Management -- Blaine 10050 Naples Street NE ITINERANT FOOD ESTABLISHMENT Knights of Columbus 6816 Fremont Place North C/o Bob Kramer MECHANICAL SYSTEMS C. 0. Carlson Air Conditioning Co. 1203 Bryant Ave. N. D. J's Heating 6060 LaBeaux Avenue The motion passed unanimously. PRESENTATION - NORTH HENNEPIN MEDIATION PROJECT Mayor Nyquist recognized Dick Houck, a member of the Board of Directors for North Hennepin Mediation Project. Mr. Houck stated the North Hennepin Mediation Project has 38 volunteer mediators and 11 volunteer board members. He stated he would like to thank the City Council for supporting this program and asked for their continued support. He explained in addition to being a board member, he is also a volunteer mediator. He went on to explain some of the types of situations he has mediated. Councilmember Pedlar inquired how the percentage of funding is broken down. Bonnie Lukes, Director of the North Hennepin Mediation Project, stated one -third of their funding comes from Hennepin County, one -third from municipalities, and the other third is contributions which the board actively seeks from service organizations, private individuals, and businesses. Mayor Nyquist inquired if it would be possible to receive a list of contributors and funders. Ms. Lukes stated she would send a list to the Mayor. PERFORMANCE BOND RELEASE - TARGET - 6100 SHINGLE CREEK PARKWAY Councilmember Cohen stated he would like to see staff look into the issue of cart storage areas in large parking lots, such as Target and K -Mart. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to release the performance bond for Target, 6100 Shingle Creek Parkway. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1989 General Fund Budget to Provide for Wage and Salary Adjustments. RESOLUTION N0. 89 -153 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS 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 Receiving Report and Calling for Hearing on Improvement Project 1988 -18, West River Road between 66th Avenue North and I 8/14/89 -3- 73rd Avenue North and Willow Lane between Interstate Highway 694 and 66th Avenue North. He noted there are representatives from Short - Elliott - Hendrickson, Inc. present this evening to discuss the feasibility study for this project. He explained the project has already had a significant amount of public input, and there will be a considerable amount of opportunities to work with the property owners on the issues. Mayor Nyquist inquired what type of concerns can be expected from the neighborhood. The Public Works Coordinator, Diane Spector, entered the meeting at 7:35 p.m. The Director of Public Works stated he expects the concerns to be the same things which have already been expressed at the other public meetings, those being speed and traffic through the neighborhood, special assessments, and bike /pedestrian trails. The City Manager noted everyone seemed to agree that there is a need for bike /pedestrian trails but they could not agree on the placement of these trails. The Director of Public Works then introduced Dick Moore and Glen VanWormer of Short - Elliott- Hendrickson, Inc. Mr. Moore went on to review the process used for the study and completion of the report. Mr. VanWormer stated there have been significant traffic changes in the area since the completion of T.H. 252 and the 610 bridge, noting not all these changes have been for the better. He noted a study was made of the people driving through the neighborhood, and this was done by taking license plate numbers from the vehicles traveling through the neighborhood. He stated his firm has spent a great deal of time working with MNDOT to redesign the roadway so that it will discourage through traffic but make it easy for legitimate local traffic to travel through the area. He then went on to review the bike /pedestrian trail. He noted there are two options for this trail, one to install the trail on the east side of the road and the other being installation on the west side. He noted the total estimated cost of the east side trailway would be $1,172,427, and installation of the trailway on the west side would cost approximately 1 3 $ 18 848. Mayor Nyquist inquired if the cities of Brooklyn Center and Brooklyn Park should be completing the projects at the same time. The Director of Public Works explained the City of Brooklyn Park is considerably behind schedule and noted staff has contacted MNDOT to ask if Brooklyn Center can proceed if Brooklyn Park is delayed. He noted MNDOT encouraged the City to proceed and noted they would have no problems with the City doing so. Councilmember Cohen inquired if assessment figures were available at the public hearing for these bike /pedestrian trails. The City Manager stated the assessment is for the roadway and not the trailway. He noted the figures were available at both public meetings. Councilmember Cohen inquired if the public accepted the assessment costs. The Director of Public Works stated there was no severe opposition to the special assessments, only a grudging acceptance. He i explained the assessment would be the same whether there is a trailway or not regardless of what side of the road the trail is installed on. The Director of Public Works stated there would be extra charges to the neighborhood for reconnection of the electrical if the cable is buried. Councilmember Pedlar inquired if Brooklyn Parks' end of the project would create 8/14/89 -4- more problems for Brooklyn Center. Mr. Moore stated Brooklyn Parks' project, when complete, should enhance Brooklyn Center. Councilmember Cohen stated he feels the neighborhood should be well informed regarding the possible cost for assessment before the public hearing. He stated if staff is confident the neighborhood is well informed, then a public hearing should be scheduled; but if not, then he feels there is a need for another public meeting before the public hearing. The City Manager stated because the City is under no time constraints, the Council could table action on this item if there are any major concerns. RESOLUTION NO. 89 -154 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT PROJECT 1988- 18, WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH AND WILLOW LANE BETWEEN INTERSTATE HIGHWAY 694 AND 66TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The Superintendent of Public Utilities, Dave Peterson, entered the meeting at 8 :20 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85004 SUBMITTED BY KATHY RAUSCH REQUESTING AN AMENDMENT TO A SPECIAL USE PERMIT FOR A HOME BEAUTY SHOP AT 3000 63RD AVENUE NORTH WHICH WAS APPROVED UNDER APPLICATION N0. 85004 The City Manager noted this item was recommended for approval by the Planning Commission at its July 27, 1989, meeting. The Director of Planning and Inspection directed the Mayor and City Council to pages one and two of the July 27, 1989, Planning Commission minutes. He noted the amendment allows for a nonresident employee to allow the applicant time to work under supervision to obtain her own shop license. He noted the applicant must complete 2,700 hours of supervised time in order to obtain her own shop license. He stated the amendment would allow a nonresident employee for three more years, and there would also be a change in the hours of operation of the home occupation. He explained a public hearing has been scheduled for this evening and notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85004 and inquired if there was anyone present who wished to address the Council. 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 Planning Commission Application No. 85004. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Application No. 85004 subject to the following amended conditions: i �I 8/14/89 -5- 4. The hours of operation shall be: 9 a.m. to 5 p.m. Wednesday and Friday, 9 a.m. to 8 p.m. Tuesday and Thursday, and 9 a.m. to 2 p.m. Saturday. 11. Special use permit approval acknowledges the presence of a nonresident employee until August 15, 1992, for the purpose of the applicant working toward attaining a shop manager's license from the State Board of Cosmetology. However, if the applicant receives her shop license prior to that date, she shall submit a copy of it to the Planning and Inspection Department and the presence of a nonresident employee shall cease. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 89020 SUBMITTED BY MARY LADD REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A COUNSELING BUSINESS IN THE RESIDENCE AT 6941 WILLOW LANE The City Manager noted this item was recommended for approval by the Planning Commission at its July 27, 1989, meeting. The Director of Planning and Inspection referred the Mayor and City Council to pages two through four of the July 27, 1989, Planning Commission minutes. He went on to review the location of the home and noted the applicant does not own this home but has a purchase agreement which is contingent upon receiving the permit. He noted the counseling business would be operated on an appointment only basis between the hours of 8:30 a.m. and 5:30 p.m. Monday through Friday. He stated there were many neighbors who attended the public hearing but that none of them objected to the use. He went on to briefly review the conditions recommended for approval and noted that a public hearing has been scheduled for this evening. Mayor Nyquist stated he believes this illustrates how far the City has gone in issuing special use permits in that the applicant is buying the home contingent upon approval of the permit. He noted it appears the primary use of the home is not as a home but as a business. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89020 and inquired if there was anyone present who wished to address the Council. He recognized the applicant, Mary Ladd, who stated she is currently a homeowner in the Camden area, and they have sold their home and are looking for a new home. She stated she and her husband have been looking for a home that could be utilized for both purposes of living and counseling activities. Councilmember Scott inquired what percentage of time Ms. Ladd anticipates counseling in the home. Ms. Ladd stated she is generally not in her office five days a week, and she does have other office space which would be utilized for first -time screenings to ensure her and her neighbors' safety. She noted her clientele consists of persons seeking services for personal, relational, and family concerns, and she felt a home setting is sometimes more appropriate for these type of counseling sessions. Councilmember Pedlar inquired how man patients y p she would anticipate seeing week ! g Ms. Ladd stated she thought she would be doing approximately 15 sessions per week. Mayor Nyquist inquired if there was anyone else present who wished to address the Council. There being none, he entertained a motion to close the public hearing. 8/14/89 -6- There was a motion by Councilmember Scott and seconded by Councilmember Paulson to close the public hearing on Planning Commission Application No. 89020. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve Planning Commission Application No. 89020 submitted by Mary Ladd subject to the following conditions: I. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Special use permit approval acknowledges use of an 18' x 24' room and adjoining half bath as being used for the home occupation. This is deemed to be an incidental and secondary use of the premises. No greater area within the home is acknowledged by this permit. 4. Clients shall be served on an appointment only basis between the hours of 8:30 a.m. and 5 :30 p.m. Monday through Friday. 5. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 6. The premises shall be inspected by the Building Official and any necessary safety modifications required by him shall be completed prior to the issuance of the special use permit. 7. A copy of the applicant's state license as an Independent Clinical Social Worker shall be filed with the City Planning and Inspection Department. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Ordering Installation of Sidewalk on West Side of Humboldt Avenue North between Woodbine Avenue and 73rd Avenue and Accepting Proposal for Construction, Improvement Project No. 1989 -20. The City Manager explained on July 24, 1989, the City Council approved the concept of installation of sidewalk along Humboldt Avenue between Woodbine Avenue and 73rd Avenue. He noted two proposals have been received and staff is recommending approval of the low bid. The Director of Public Works went on to give a brief history of the past actions pertaining to this area and slides taken of the area. He noted because of the traffic count for this area, the number of pedestrians along here are in danger. Mayor Nyquist recognized Ralph Dotteiger, 7227 Humboldt Avenue North. Mr. Dotteiger stated he is concerned that this issue has come up before, and the residents were told they would be informed before any further action was taken. He stated he was not informed of anything until he found out by accident. He 8/14/89 -7- 'i noted there are three residential homes along this area, and no one wants the sidewalk. He stated his home is 47' from the edge of the roadway, and if the sidewalk is installed, the edge of the sidewalk would be 25' from his home. Mayor Nyquist stated he was concerned with the issue of safety. He noted statistically sidewalks provide safety for pedestrians. r Councilmember Pedlar inquired if it is absolutely necessary to install a 12' boulevard. The Director of Public Works stated it is the standard approach to install the sidewalk one foot from the edge of the right of way to allow land for preserving landscaping and snow storage. He stated residents in the area may feel this is a prelude to widening of Humboldt Avenue but added staff is not in favor of widening Humboldt Avenue. He noted 12' is a very generous boulevard and this could be adjusted somewhat. Councilmember Pedlar stated he feels there is a definite need for sidewalk in this area but understands the neighbors' feelings. He stated he feels staff could work with the neighborhood to make this a win /win situation. The Director of Public Works stated he would recommend no less than 8' for the boulevard width. Councilmember Cohen stated he agrees with Councilmember Pedlar that the safety factor should be considered, but staff should try to accommodate the neighbors by moving the sidewalk closer to the street. Mayor Nyquist stated there seems to be a general consensus that there is a need for a sidewalk, but it should be moved closer to the street. He inquired how this would affect the cost of the project. The Director of Public Works stated the cost may actually be lower because there would be less relocation of retaining walls and removal of trees if the sidewalk is closer to the street. Councilmember Pedlar stated he would prefer to table the resolution this evening to allow staff time to meet with the neighborhood and work with them. Mayor Nyquist reminded Councilmember Pedlar that bids have been taken and should be acted on. The Director of Public Works stated he was sorry if the wrong impression was given, but the Council does not have to accept or reject the bids this evening. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen directing staff to contact residents in the area and reach a compromise for placement of the sidewalk and noting the Council's intent to proceed with the project. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:35 p.m. and reconvened at 9:54 p.m. f The City Manager g Y g presented a Resolution Ordering Installation of Sidewalk on East Side of Xerxes Avenue North between 65th & 66th Avenues North and Accepting Proposal for Construction, Improvement Project 1989 -21. He explained staff had pulled this item from the consent agenda because they thought there may be a problem with obtaining an easement from a property owner. He noted, however, the property owner had no objection to allowing the easement and the project will proceed without any problems. RESOLUTION NO. 89 -155 Member Celia Scott introduced the following resolution and moved its adoption: 8/14/89 -8- RESOLUTION ORDERING INSTALLATION OF SIDEWALK ON EAST SIDE OF XERXES AVENUE NORTH BETWEEN 65TH AND 66TH AVENUES NORTH AND ACCEPTING PROPOSAL FOR CONSTRUCTION, IMPROVEMENT PROJECT NO. 1989 -21 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 Accepting Bid and Awarding Contract for Installation of Traffic Control Signal System on Shingle Creek Parkway at the Entrance to Brookdale Square (Project 1988 -24, Contract 1989 -G). RESOLUTION NO 89 -156 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEM ON SHINGLE CREEK PARKWAY AT THE ENTRANCE TO BROOKDALE SQUARE (PROJECT 1988 -24, CONTRACT 1989 -G) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -157 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BROOKDALE SQUARE TURNLANE AND ENTRANCE MODIFICATIONS PROJECT NOS. 1989 -18 AND 1989 -19 CONTRACT 1989 -H) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. DISCUSSION ITEMS WATER SYSTEM STUDY REPORT The Director of Public Works explained in February 1989, the City Council authorized the preparation of a study to re- evaluate and update the City's 1984 plans for improvements to the municipal water supply system and approved a contract with Black & Veatch to conduct that study. He noted the major reasons for updating the 1984 plan were: to re- evaluate the plan with reference to the high demands experienced during the drought of 1988; to re- evaluate the feasibility of providing treatment to the water supply pp y system; and to evaluate the system's ability to achieve compliance with new water supply standards as promulgated by the USEPA, in accordance with the amendments to the Safe Drinking Water Act (SWDA) as adopted by Congress in 1986. In addition, it is proposed to evaluate the feasibility of installing an iron and manganese removal system. He noted Len Rodman and Jim Lorenz, representing Black & Veatch, are present this evening to discuss the report. Mr. Lorenz stated in addressing the three issues explained by the Director of Public Works, the following things were found. He noted water demands during a drought period similar to the 1988 drought can be as much as 25% higher than water demands during normal weather conditions. He explained if water restrictions are implemented during a drought, maximum day demands will only be about 10% higher than the normal demands. He noted the report recommends and assumes that the City will continue to impose water use 8/14/89 -9- i restrictions during severe drought conditions. He stated the estimated costs for construction of an iron and manganese removal treatment plant is $8.05 million. He explained because manganese does not present a health threat, it is not recommended that a treatment plant be constructed solely for the purpose of correcting the aesthetic problems caused by the current level of manganese in the water. He added Brooklyn Center's need to build a treatment plant may be determined by the requirements of State and Federal regulatory agencies. Mr. Lorenz stated of the standards currently adopted or proposed by the USEPA under the SDWA, only the testing of consumer's water at- the -tap could cause the City some difficulty. He stated it is anticipated that few if any of the other standards will impact Brooklyn Center's system. He added it is apparent that the City will be served by continuing to develop its system in a way which would allow construction of a treatment plant at some future date. Councilmember Cohen inquired if Black & Veatch could make any recommendations for the types of businesses which are water use intensive that the City should try to discourage. Mr. Lorenz stated commercial use does not impact a system as much as residential use and, therefore, it should not really be necessary to discourage any commercial type uses. A brief discussion then ensued relative to the Safe Drinking Water Act. Councilmember Cohen suggested supporting the staff's efforts by contacting the legislative delegation. He suggested the Council should show its support with a resolution and then send it on to the legislature. The City Manager stated he could have a letter prepared for the Mayor's signature for this purpose. Councilmember Cohen stated he felt a resolution would be more important. The City Manager stated staff would return in two weeks with a resolution. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar directing staff to proceed with the development and design of a new well and to report back with their recommendations in the near future. The motion passed unanimously. REQUEST FOR PROPOSALS FOR FEE-FOR-SERVICES INSURANCE AGENT The City Manager noted the City's current insurance agent does not have errors and omission insurance in the amount of $1 million as required by the City. He t noted staff is recommending sending out requests for proposals to various insurance agents to see if they would be interested in being selected as insurance agent for the City. He noted a request for proposal would also be sent to the current agent. He explained the proposals are being requested on a fee- for - services basis rather than a commission basis. He stated staff expects to be able to obtain the same services as the City is currently receiving at an approximate annual cost Of $10,000-15,000 as compared to $21,000. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen authorizing staff to prepare and issue requests for proposals for a "fee -for- services" insurance agent. The motion passed unanimously. The Director of Public Works left the meeting at 11:07 p.m. Councilmember Cohen stated at the next Council meeting he would like to review the proposed transfer of funds within the League of Minnesota Cities Insurance 8/14/89 -10- Trust. Police Chief Lindsay and EDA Coordinator Brad Hoffman entered the meeting at 11 :10 P.M. SELECTION OF A PROSECUTING ATTORNEY The City Manager explained a staff committee of five people was appointed to review the proposals received from 14 law firms. He noted the committee has reviewed the proposals and is forwarding the names of two firms which could provide quality prosecution services from the request for proposals submitted. He stated it is the committee and staff's recommendation to appoint the firm of Carson and Clelland as the City's prosecuting attorney. Mayor Nyquist stated he would like to caution the Council against making their decision based upon rates. He noted there are many differences in the rate structure and how they are billing their time. He added he would like to see a reasonable annual maximum dollar amount incorporated into the contract. He inquired if the City Manager had any type of recommendation for a reasonable maximum dollar amount. The City Manager stated he would like to have the committee review that point. He added that particular issue may have to be negotiated between the firm and the City. Councilmember Paulson stated from his own personal experience with people from both firms, he feels they are both well qualified to handle the City's prosecution services. He added, however, he felt more comfortable with the firm of Carson and Clelland. Councilmember Cohen stated he concurs with the recommendation of appointing Carson and Clelland as the City's prosecuting attorney. RESOLUTION NO 89 -158 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION REGARDING APPOINTMENT OF CITY PROSECUTOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. GROUP HOME LEGISLATION - BROOKLYN CENTER INVOLVEMENT The City Manager stated he has reviewed with Boland and Associates the feasibility of its organization developing a work program for the last half of 1989, which would be directed at organizing a multicommunity and agency lobbying effort to modify group home legislation. He stated he does not believe the lobbying effort can be organized among interested governmental agencies without one community taking the lead and hiring someone to organize that effort. He stated he believes Brooklyn Center should take the lead in attempting this organization. He stated he is recommending the City Council authorize up to $5,000 for the legislative work proposed in the Boland and Associates work program document. There was a motion by Councilmember Scott and seconded by Councilmember Cohen authorizing up to $5,000 for the legislative work proposed in the Boland and Associates work program document contained with this agenda packet. The motion passed unanimously. 8/14/89 -11- OTHER BUSINESS The City Manager presented a Resolution Authorizing City Manager to enter into an Agreement. RESOLUTION NO 89 -159 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Attorney stated he would recommend all comments and questions regarding this resolution be directed to the City Manager. ADJOURNMENT There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:32 p.m. - Cm- N 1 e � -- C�'-R , k Deputy City Clerk Mayo 8/14/89 -12-