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HomeMy WebLinkAbout1989 12-18 CCM Regular Session i C MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA l REGULAR SESSION DECEMBER 18, 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 7:01 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, Assistant Finance Director Charlie Hansen, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Sharon VanDenBos from the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Cohen requested items 7b, 7g, and 7p be removed from the consent agenda; Councilmember Paulson requested item 6a be removed. Mayor Nyquist noted staff requested item 7u be removed completely from the agenda. APPROVAL OF MINUTES - NOVEMBER 20 1989 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the November 20, 1989, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION N0. 89 -231 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -H (RECONSTRUCTION OF LOGAN, FRANCE, LAKEBREEZE, AND 50TH AVENUES) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 12/18/89 -1- I i f RESOLUTION NO. 89 -232 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL A NEW SOUND SYSTEM FOR CITY COUNCIL CHAMBERS, IMPROVEMENT PROJECT NO. 1988 -27 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 89 -233 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL A HUMIDIFIER TO SERVE CITY HALL The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -234 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1990 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 89 -235 i Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE QUOTATION OF NORSTAN, INC. TO PROVIDE A TELEPHONE SYSTEM FOR THE MUNICIPAL GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -236 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PAGERS, HANDITALKIES, AND BASE STATIONS FOR THE FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -237 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 CAPITAL PROJECTS FUND 12/18/89 - 2 - i The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -238 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 CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION N0. 89 -239 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING THE PROCEEDS OF THE CITY'S SHARE OF THE CABLE TELEVISION SETTLEMENT TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -240 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 82 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson and the motion assed unanimously. ly. RESOLUTION NO. 89 -241 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF FIVE (5) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -242 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) FIRE SEDAN The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. CONSIDERATION OF SPECIFIED LICENSES _ON -SALE NONINTOXICATING MALT LIQUOR LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve on -sale nonintoxicating malt liquor licenses for Beacon Bowl, Chuck Wagon Inn, City of Brooklyn Center (Centerbrook Golf Course), Davanni's Pizza, 12/18/89 -3 I II I Denny's Restaurant, The Fifty's Grill, Little Brooklyn, Pizza Hut and Scoreboard Pizza. The motion passed unanimously. OFF -SALE NONINTOXICATING MALT LIQUOR LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve off -sale nonintoxicating malt liquor licenses for Brooks Superette, Country Club Market, Country Store (Jerry's), Jerry's New Market, SuperAmerica No. 4160, and SuperAmerica No. 4058. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the following list of licenses: BOWLING ALLEY Earle Brown Bowl 6440 James Circle CIGARETTE OVER THE COUNTER SALES: Brookdale Unocal 5710 Xerxes Ave. N. Centerbrook Golf Course 5500 Lilac Dr. N. Country Club Market 5715 Morgan Ave. N. M & S Drug Emporium 5900 Shingle Ck. Pkwy. The Gift Shop 2200 Freewa y Blvd. Ideal Drug 6800 Humboldt Ave. N. The Pipeseller Shop 1301 Brookdale Center Snyder Brothers Drug 1296 Brookdale Center SuperAmerica 1901 57th Ave. N. I SuperAmerica 6545 West River Road MACHINE SALES: American Amusement Arcades 850 Decatur Ave. N. Applebee's 1347 Brookdale Center Brooklyn Center Liquor #1 6800 Humboldt Ave. N. Brooklyn Center Liquor #2 6250 Brooklyn Blvd. Brooklyn Center Liquor #3 1966 57th Ave. N. Chuck Wagon 5720 Morgan Ave. N. Denny's Inc. 3901 Lakebreeze Ave. Red Lobster 7235 Brooklyn Blvd. Brooklyn Center American Legion 4307 70th Ave. N. ' Brooklyn Center Service 1176" 6245 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Iten Chevrolet 6701 Brooklyn Blvd. Minnesota Vikings Food Service 5200 West 74th Street Schmitt Music 2400 Freeway Blvd. Service America Corporation 7490 Central Ave. NE Graco 6820 Shingle Ck. Pkwy. MTC 6845 Shingle Ck. Pkwy. Theisen Vending Company 3804 Nicollet Ave. S. Brookdale Ford 2550 Co. Rd. 10 Budgetel Inn 6415 James Circle Econo Lodge 6445 James Circle Ground Round 2545 Co. Rd. 10 12/18/89 -4- Holiday Inn 2200 Freeway Blvd. LaCasita Mexican Restaurant 2101 Freeway Blvd. T. Wright's 5800 Shingle Ck. Pkwy. Bill West Service Center 2000 57th-Ave. N. Wes' Amoco 6044 Brooklyn Blvd. Yen Ching Restaurant 5900 Shingle Ck. Pkwy. COURTESY BENCH U.S. Bench Corporation 3300 Snelling Avenue GASOLINE SERVICE STATION Brooklyn Center Municipal Garage 6844 Shingle Ck. Pkwy. Brooklyn Center Post Office 6848 Lee Ave. N. Brooklyn Center Service "76" 6245 Brooklyn Blvd. Metropolitan Transit Commission 6845 Shingle Ck. Pkwy. Northern States Power 4501 68th Ave. N. Osseo Brooklyn Bus Co. 4435 68th Ave. N. SuperAmerica 1901 57th Ave. N. Wes' Amoco 6044 Brooklyn Blvd. LODGING ESTABLISHMENT Days Inn 1501 Freeway Blvd. Econo Lodge 6445 James Circle Holiday Inn 2200 Freeway Blvd. Northwest Residence 4408 69th Ave. N. MECHANICAL SYSTEMS De1Mar Furnace Exchange 4080 83rd Ave. N. United Heating & A/C 7909 30th Ave. N. POOL AND BILLIARDS TABLES American Amusement Arcades 850 Decatur Ave. N. Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. Days Inn 1501 Freeway Blvd. PUBLIC DANCE Days Inn 1501 Freeway Blvd. Earle Brown Bowl 6440 James Circle Holiday Inn 2200 Freeway Blvd. RENTAL DWELLINGS Initial: Tom and Dorothy Storie 5607 Camden Ave. N. James R. Ditzler 707 69th Ave. N. Renewal: Rudolph J. Olson 6505 Brooklyn Blvd. M & J Properties 6810 Hemlock Lane N. Leo Vogel 3200 Grimes Ave. N. Darlene Dimitroff 6442 Indiana Ave. N. Richard Arntson 4220 Lakeside Ave. N. Gene and Anna Gullord 5337 -39 Queen Ave. N. 12/18/89 -5- Stephen L. Cook 5306 Russell Ave. N. Steven D. Lanier 5256 E. Twin Lake Blvd. Robert and Arlene Johnson 7218 -24 West River Road Swanson Investments 7240 West River Road Sherry A. Ronallo 819 -21 55th Ave. N. The motion passed unanimously. APPROVAL OF MINUTES - NOVEMBER 13 1989 - REGULAR SESSION Councilmember Paulson stated he would like to have the minutes changed to reflect that both he and Councilmember Pedlar voted against the private kennel license. He stated he believed Councilmember Cohen seconded the motion to approve the private kennel license. There was _a motion by Councilmember Paulson and seconded by Councilmember Cohen to approve the minutes of the November 13 1989 City Council e , y meeting as corrected. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Work Performed under Contract P g 1989 -B (Tree Removal Contract). Councilmember Cohen inquired if the City would be replacing trees which have been removed. The City Manager stated in the 1990 budget there is increased funding for new trees in the parks. He noted many trees were lost due to the drought. Councilmember Cohen stated he would like the City to make efforts to replace trees in the parks but also make new trees available to residents under a contract. The City Manager stated staff is currently investigating this. RESOLUTION NO. 89 -243 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -B (1989 DISEASED TREE REMOVAL PROGRAM) I The motion for the adoption on of the foregoing P in resolution n was duly seconded g y by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Making Negative Declaration of the Need for an Environmental Impact Statement (EIS) for 69th Avenue North Corridor from the West City Limits to Dupont Avenue North. The City Manager explained in October the City Council adopted a resolution accepting and approving the environmental assessment worksheet relating to the proposed reconstruction of 69th Avenue North Corridor from the West City limits to Dupont Avenue North. He noted the EAW has been submitted to other governmental units and agencies for their review and comment as required by law. He noted these other agencies have all responded by stating an environmental impact statement is not necessary. Mayor Nyquist stated the tone of the DNR letter seems to suggest otherwise. The Director of Public Works stated the DNR did make several suggestions and the City should be able to comply with these. He noted, however, in the final paragraph of its letter they did agree that an EIS is not necessary for this project. He stated he recommends adoption of this resolution and also authorization for the staff to conduct a number of informal public hearings with 12/18/89 -6- i I a formal public hearing sometime in March. RESOLUTION NO. 89 -244 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION MAKING NEGATIVE DECLARATION OF THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR 69TH AVENUE NORTH CORRIDOR FROM THE WEST CITY LIMITS TO DUPONT AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Accepting Report on Water Works Facilities and Approving Payment for Engineering Services. The City Manager stated in February, 1989, the City executed a contract with Black and Veatch, Engineers and Architects, to prepare a study and report of the City's municipal water supply system at a cost not to exceed $33,500. He noted the study and report is now complete and it provides an excellent basis for future system development. He noted, however, during the course of the study, the consultant proceeded with $16,091.09 additional work which was not contemplated in its contract with the City, without requesting prior approval for that work. He stated it is the opinion of City staff that the extra work dramatically improved the plan for future system development. He noted, accordingly, staff recommends approval of the consultant's request for reimbursement of 50% of its cost overrun. Councilmember Scott inquired if it is common for a well established firm to do much work without prior approval. The Director of Public Works stated no, generally it is not common practice for this to happen. He stated, apparently, Black and Veatch had a new employee assigned to the project, and he pursued the water distribution system plan which was not fully covered by the contract. He noted the City will benefit substantially from the study. He stated he feels it is appropriate for the City to pay 50% of the cost overrun, although the City is not legally obligated to pay this amount. Councilmember Paulson stated it seems at least some of the extra work which was done would have been covered under the contract and the City will not be the only party benefiting from the Water Quality Act Study. The Director of Public Works stated the additional work on the water distribution system analysis accounts for approximately 75% of the cost overrun. Councilmember Paulson inquired if the City could offer to pay for only those parts that benefited the City. The Director of Public Works stated he has not made a counter offer, yet he believes Black and Veatch would probably accept any offer we made. Councilmember Cohen inquired if the City would use Black and Veatch again. The Director of Public Works stated he is very comfortable with Black and Veatch, but he would not anticipate having this type of problem in the future. Councilmember Cohen inquired if Black and Veatch would try to collect the money on future projects if we did not approve payment at this time. The Director of Public Works stated he did not believe they would try to do that because Black and Veatch does not generally operate that way. Councilmember Pedlar stated he does not feel the City is obligated to pay this amount. He stated he does not believe the City should pay $16,000 of the taxpayers' money because Black and Veatch could not keep its staff under 12/18/89 -7- control. Councilmember Pedlar inquired if we could equate the benefit i dollars. The Director of Public Works stated this unique solution would riot have been reached if this additional work were not done. Councilmember Paulson stated he believes Council should allow the Director of Public Works the latitude to negotiate some sort of agreement. RESOLUTION NO 89 -245 Member Philip Cohen Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING REPORT ON WATER WORKS FACILITIES AND APPROVING PAYMENT FOR ENGINEERING SERVICES 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 35 Clarifying the Definition of Convenience Food Restaurants. He noted this ordinance modifies the meaning of convenience food restaurant to allow take out restaurants within shopping centers to have eat -in seating. He stated this item was first read on November 13, 1989, published in the City's official newspaper on November 22, 1989, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 Clarifying the Definition of Convenience Food Restaurants 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 Scott and seconded by Councilmember Pedlar to close the public hearing. The motion passed unanimously. ORDINANCE NO 89 -18 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLARIFYING THE DEFINITION OF CONVENIENCE FOOD RESTAURANTS The motion for the adoption of the foregoing ordinance was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding Signs in the C1 and C1A Districts, and Requiring Abatement of Signs on Abandoned Premises. He noted this item was first read on November 13, 1989, published in the City's official newspaper on November 22, 1989, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 34 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding Signs in the C1 and ClA Districts, and Requiring Abatement of Signs on Abandoned Premises and inquired 12/18/89 _8_ w if there was anyone present who wished to spea4k, There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing. The motion passed unanimously. ORDINANCE NO. 89 -19 Member Philip Cohen introduced the following ordinance and moved its adoption: ANN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES TO ALLOW OPTIONAL FREESTANDING SIGNS, TO ALLOW LARGER FREESTANDING SIGNS IN THE C1 AND CIA DISTRICTS, AND REQUIRING ABATEMENT OF SIGNS ON ABANDONED PREMISES The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. j The City Manager presented An Ordinance Extending 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 Highway 252. He noted this item is offered this evening for a first reading. He stated the purpose for extending this ordinance would be to allow time to receive and review the final report. He noted the recommended date is April 16, 1990. The Director of Planning and Inspection stated the study is complete and hopefully will be ready for the January 8, 1990, City Council meeting. He noted if the Council concurs with the report, additional time will be needed for rezoning. Councilmember Paulson inquired where the study is at this time. The Director of Planning and Inspection stated it is being put into its final form for presentation. Councilmember Paulson inquired when the Council would be seeing this report. The Director of Planning and Inspection stated it would hopefully be ready by January 8, 1990. Councilmember Paulson inquired why the extension would be into the middle of April. The Director of Planning and Inspection stated one of the recommendations is for rezoning which is a lengthy process. Councilmember Paulson stated it appears staff is spending large amounts of time on this project, and he hopes they are not losing site of the rest of the City. The City Manager briefly reviewed the necessary process for rezoning and noted if the process were completed earlier, the moratorium could be cancelled. He added there are two actions required this evening, one is the ordinance extending the moratorium, and secondly is the resolution which covers the time P eriod until the ordinance takes affect. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading 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 Highway 252 and to set a public hearing date of January 22, 1990, at 7:30 p.m. The motion passed unanimously. 12/18/89 -9- The City Manager presented a Resolution for the Purpose of Protecting. the Planning Process and the Heal th, Safet 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 Highway 252. Mayor Nyquist, recognized Mike Merrick representing Howard Atkins. He stated he and his client are opposed to the extension of the moratorium. He noted the Council promised in June that the matter would speed forward and would not take more - than six months. According to this timetable the final report should have been ready by October 30. He noted he and his client are opposed to this additional 120 day extension because any task will expand to the parameters given. Mayor Nyquist noted the 120 days are necessary because of the possible rezoning. Mr. Merrick stated he would request a time limit of 30 to 60 days. He noted he and Mr. Atkins would like to be given a copy of the report and subsequent staff report at least ten days prior to the Council consideration. Mayor Nyquist stated he feels Mr. Merrick's request for the report is reasonable. The City Manager stated a copy of the report would be given to Mr. Merrick and Mr. Atkins as soon as it is available, and he plans to discuss the report on January 8, 1990, and take final action on January 22 1990 Y Mr. Merrick stated he would also like a co of the staff recommendations, PY Councilmember Cohen stated he would vote to extend the moratorium to April 16, 1990, unless something arises at the January meetings to lessen the time period. RESOLUTION NO 89 -246 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION 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 HIGHWAY 252 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Y The City Manager presented An Ordinance Amending Chapter 22 of the City Ordinances Relating to Tax Imposed Upon Lodging. He noted this item is offered this evening for a first reading. Mayor Nyquist inquired if the Joint Powers Agreement has any impact on what the City Council decides. The City Attorney stated there is a resolution that will amend the Joint Powers Agreement to provide that the Tourism Bureau receives 95% of the first three percent collected. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve for first reading An Ordinance Amending Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging and to set a public hearing date of January 8, 1990, at 7 :30 p.m. The motion passed. Mayor Nyquist abstained. The City Manager presented An Ordinance Vacating Part of a Utility Easement in 12/18/89 -10- t Brookdale Square Second Addition. He noted this item is offered this evening for s second reading. Councilmember Scott noted she believed the traffic pattern past T.J. Maxx to Perkins Restaurant should be reviewed. She stated she has seen a number of near accidents. The City Manager stated he would check with the property owner as this is a private roadway. i There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Part of a Utility Easement in F Brookdale Square Second Addition and to set a public hearing date of January 8, 1990, at 7:30 p.m. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:23 p.m. and reconvened at 8:35 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Water Hookup Rates for Calendar Year 1990. Councilmember Cohen inquired if there are any single - family homes that are not yet hooked up to City water. The Director of Public Works stated there are homes scattered throughout the City which are not connected yet. Councilmember Cohen inquired if they have a line running from the street. The Director of Public Works stated he believed they all have lines running from the street. f RESOLUTION NO. 89 -247 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1990 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Accepting Specifications for Purchase of Sidewalk Snowplow and Blower. The City Manager noted at the budget hearing it was recommended this item be purchased from State aid funding. He noted it is possible to purchase this equipment using local municipal State aid street funding. RESOLUTION NO. 89 -248 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR PURCHASE OF SIDEWALK SNOWPLOW AND BLOWER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Approving the Police Department Cadet Program and Authorizing Certain Benefits for Program Participants. Councilmember Scott inquired how soon before recruitment begins. The City Manager stated the Council had previously given authorization to start recruitment and the City has ten candidates. He noted eight of the ten candidates are protected class candidates. Councilmember Scott inquired how many 12/18/89 -11- f would be taken on the force. The City Manager stated two would be taken as cadets and there is a potential for two more as code enforcement officers. RESOLUTION NO. 89 -249 Member Jerry Pedlar introduced the following resolution and moved its adoption. RESOLUTION APPROVING THE POLICE DEPARTMENT CADET PROGRAM AND AUTHORIZING CERTAIN BENEFITS FOR PROGRAM PARTICIPANTS 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 Amending the 1989 and 1990 General Fund Budget. He noted this would allow the funds for the community information map /flyer to be transferred from the 1989 budget to the 1990 budget. He noted the delay in printing this item is to allow listings of the new'City phone numbers. The City Manager stated there will be many new direct dial numbers into City offices with the new phone system, and he would strongly suggest changing the City's main phone number to coincide with the direct dial numbers. There was a brief discussion regarding the automatic switching and recording pertaining to the City's new phone number. RESOLUTION NO. 89 -250 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 AND 1990 GENERAL FUND BUDGETS jThe motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. I The City Manager presented a Resolution Setting Wages and Salaries for the Calendar Year 1990. He noted a 4.1% increase is recommended with an additional $25 for insurance. This would be consistent with the LELS contract and other communities. RESOLUTION NO 89 -251 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1990 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. Councilmember Paulson inquired how staff came up with the .1 %. The City Manager stated generally he trys to keep nonunion employees consistent with the bargaining units, and they are receiving 4.1 %. Councilmember Paulson inquired if this would bring the City into compliance with the Comparable Worth Act. The City Manager stated 1990 will be the final year for additional increases which will bring the City into total compliance with the Act. The City Manager presented a Resolution Amending the 1989 General Fund Budget to Increase Appropriations for Various Operating Departments. Councilmember Cohen 12/18/89 -12- i stated he would like staff to do a study which will '`illustrate to the legislature how the levy limits will affect the City budge4 over the next three years. RESOLUTION NO. 89 -252 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS 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 Finance Director to Issue a Master Note for the Transfer of Funds from the Investment Trust Fund to the Economic Development Authority. Councilmember Cohen inquired what was the amount of the master note. The City Manager stated it would be approximately three to five million dollars. RESOLUTION NO. 89 -253 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO ISSUE A MASTER NOTE FOR TRANSFER OF FUNDS FROM THE INVESTMENT TRUST FUND TO THE ECONOMIC DEVELOPMENT AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Regarding the Rental Dwelling License for 6525, 6527, 6529 North Willow Lane. The City Manager noted an agreement has been drafted and signed by Mr. Ketroser addressing the four categories of improvements and requiring that these matters be addressed by June 30, 1990. The Director of Planning and Inspection stated one change will be made to the agreement noting that a cash escrow or surety bond will be accepted in the amount of $6,000. Councilmember Cohen stated if the City has to go after the bond, it will cost the City money. The City Manager stated that is true, but in the past, the City has never experienced any problems with surety bonds and most people do not default on them. Councilmember Pedlar inquired if a certification of the fire alarm system has been completed. The Director of Planning and Inspection stated he spoke with the Fire Chief who stated the inspector indicated everything is in working order and there are not any problems that the department is aware. Councilmember Cohen stated originally City staff had estimated it would be approximately $20,000 for all the repairs and now it is dropped to $6,000. He f inquired if the Director of Planning and Inspection is satisfied with this amount. The Director of Planning and Inspection stated he believes the estimate appropriate and noted the building inspectors did the original estimate. He pointed out the building inspectors are not contractors and do not know the cost of these items. Councilmember Cohen inquired what the q process is to execute the bond. The Director of Planning and Inspection stated if the Council concludes the work is not complete after June 30, 1990, the City must request money for the bond. Councilmember Cohen inquired if we received the money for the bond, I 12/18/89 -13- does the City have the right to go .onto Mr. Ketroser's property to complete the work. The Director of Planning and Inspection stated the agreement would give the City the right to enter his property. 'The City Attorney stated he does not believe the City will have a problem because the City still has the option to deny the rental license if Mr. Ketroser does not comply. Councilmember Pedlar asked what would prohibit Mr. Ketroser from deciding against the work and leaving it for the City. The Director of Planning and Inspection stated that is always the risk involved in these situations. Councilmember Cohen stated he would like staff to send a notice to the area residents and let them know what is going on and what to expect. RESOLUTION N0. 89 -254 Member Celia Scott introduced the following resolution and moved 'its adoption: RESOLUTION REGARDING THE RENTAL DWELLING LICENSE FOR 6525, 6527, 6529 NORTH WILLOW LANE 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 Expressing Opposition to Hennepin County Resolution No. 89- 11- 961R2. The City Manager briefly reviewed the Hennepin County resolution and noted that this would put the responsibility for disposing of yard wastes back onto the City and property owner. He noted the City of Brooklyn Center does not have the sufficient land available to develop a site nor do many other communities. Councilmember Scott stated Hennepin County is not only being unreasonable by backing out, but she also believes they are punishing the City because they (Hennepin County) cannot meet their obligation. RESOLUTION NO 89 -255 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING OPPOSITION TO HENNEPIN COUNTY RESOLUTION NO. 89- 11 -961R The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into an Amendment to the Convention and Visitors Bureau Agreement. He noted this pertains to collecting the additional three percent lodging tax. RESOLUTION NO 89 -256 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AMENDMENT TO THE CONVENTION AND VISITORS BUREAU AGREEMENT 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 Approving a Tax Capacity Rate of 0.0131% Defraying the Cost of Operation, Pursuant to the Provisions of MSA 469.001 12/18/89 -14- I Through 469.047, of the Housing and Redevelopment Authority of the City of Brooklyn Center for the Year 1990. Mayor Nyquist inquired if there were some questions pertaining to the taxing authority of the Economic Development Authority. The City Manager stated there were no questions but the City was informed that the EDA levy'is below the HRA levy. RESOLUTION NO. 89 -257 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING A TAX CAPACITY RATE OF 0.0131% FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1990 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. DISCUSSION ITEM AMENDMENTS TO 1990 CITY COUNCIL MEETING SCHEDULE The City Manager noted minor changes have been made to the City Council meeting schedule for 1990. He noted one change was due to the fact that a meeting had been inadvertently planned for Memorial Day and the other change was made because of adding Columbus Day as an employee holiday. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the amended 1990 City Council meeting schedule. The motion passed unanimously. OTHER BUSINESS The City Manager stated the City of Brooklyn Center has been awarded the certificate of achievement for excellence in financial reporting for its Comprehensive Annual Financial Report. He noted Charlie Hansen, Assistant Finance Director, is responsible for the City having earned this certificate. 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 9 :24 p.m. City Clerk Mayor I f 12/18/89 -15-