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HomeMy WebLinkAbout1989 04-24 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 APRIL 24, 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 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Todd Paulson, and Jerry Pedlar. 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, HRG Coordinator Tom Bublitz, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Dwight Gunberg of 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 Scott requested items 10c, 10d, and 10e be removed. No other requests were made. APPROVAL OF MINUTES APRIL 10 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the April 10, 1989, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -68 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENTS NO. 4 AND 5 TO CONTRACT 1988 -H FOR IMPROVEMENTS ON LOGAN AVENUE, ON FRANCE AVENUE, ON LAKEBREEZE AVENUE AND ON 50TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 4/24/89 -1- RESOLUTION NO 89 -69 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION, ACCEPTING A PROPOSAL AND AUTHORIZING EXECUTION OF A CONTRACT FOR INSTALLATION OF LIGHTS IN ARBORETUM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -70 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) MECHANICAL HOIST The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -71 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS AND DIRECTING ADVERTISEMENT FOR NEW BIDS FOR PURCHASE OF ONE TOW TYPE AUGER PAVER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -72 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -73 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) 11,000 GVW TRUCK /CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, y and the motion passed unanimously. RESOLUTION NO 89 -74 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) 3/4 -TON PICKUP 4/24/89 -2- 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: FOOD ESTABLISHMENT Green Mill Inn, Inc. 5540 Brooklyn Blvd. Yen Ching Mandarin Restaurant 5900 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT Brookdale Unocal 5710 Xerxes Avenue N. Brooklyn Center Fire Dept. 6844 Shingle Creek Pkwy. Builders Square 3600 63rd Avenue N. MECHANICAL SYSTEMS Horwitz Mechanical, Inc. 5000 N. County Road 18 Randy Lane & Sons 1501 West Broadway Marsh Heating & A/C 6248 Lakeland Ave. N. Midwestern Mechanical Corp. 9103 Davenport St. NE Realistic Heating & Cooling Inc. 10604 Radisson Road NE Thrane, Inc. 4921 Xerxes Ave. S. MOTOR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. RENTAL DWELLINGS Initial: Donald Steen 7025 Drew Ave. N. Renewal: James and Bobbie Simons 6109 -11 -13 Beard Ave. N. Thomas $. Egan 5239 -41 Drew Ave. N. Henry W. Norton 5240 Drew Ave. N. Terry L. Hartmann 6827 Fremont Place M. B. L. Investment Co. 3613 47th Ave. N. Donald E. Sobania 3701 47th Ave. N. Donald Wilson /Michael Boyle 3713 47th Ave. N. L. H. Hanggi 3725 47th Ave. N. James M. Krzesowiak 3007 51st Ave. N. J. J. Barnett 2926 68th Lane J. J. Barnett 2930 68th Lane J. J. Barnett 2934 68th Lane J. J. Barnett 2938 68th Lane SIGN HANGER Ace Signs of Albert Lea RR #3, Box 1 Midway Sign Company 444 North Prior Avenue 4/24/89 -3- SWIMMING POOL Days Inn 1501 Freeway Boulevard Garden City Court Apartments 3407 65th Avenue N. The motion passed unanimously. PRESENTATION - CHARTER COMMISSION - CHARTER COMMISSION Mayor Nyquist noted John Lescault is retiring from the Charter Commission but could not be present this evening for the presentation. RESOLUTION NO. 89 -75 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOHN B. LESCAULT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1989 General Fund Budget and Accepting Proposal to Conduct Preliminary Design Study for Development of Properties Adjoining the-Twin Lakes Area for Park and Recreational Purposes. He explained the Park and Recreation Commission has reviewed this report and did recommend a more detailed study to evaluate the feasibility of this site for the proposed uses. He stated staff did request Westwood Professional Services, Inc. to submit a proposal for this feasibility study. He noted the proposal includes a review of liability issues relating to the contamination problem at the site and a review of shoreline and wetland issues. Councilmember Lhotka inquired if it would be possible to exchange pieces of park land. The City Manager stated it is possible unless the land was originally purchased with federal funding. Councilmember Lhotka stated he would like the study to look into the issue of deleting park land somewhere else in the City if this property is added as park land. RESOLUTION NO 89 -76 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL TO CONDUCT PRELIMINARY DESIGN STUDY FOR DEVELOPMENT OF PROPERTIES ADJOINING THE TWIN LAKES AREA FOR PARK AND RECREATIONAL PURPOSES The motion for the adoption of the foregoing resolution was duly econded b Y y member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Authorizing a Capital Projects Fund Appropriation, Accepting a Proposal and Authorizing Execution of a Contract for Phase 2 -B Plantings at Centerbrook Golf Course (Project" No. 1988 -26). Councilmember Scott inquired what type of guarantee is on the plantings. The Director of Public Works stated we have a one -year guarantee on the plantings. 4/24/89 -4- RESOLUTION NO. 89 -77 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION, ACCEPTING A PROPOSAL AND AUTHORIZING EXECUTION OF A CONTRACT FOR PHASE 2 -B PLANTINGS AT CENTERBROOK GOLF COURSE (PROJECT NO. 1988 -26) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Authorizing a Golf Course Fund Appropriation, Accepting a Proposal and Authorizing Execution of a Contract for Installation of Security Lights at Centerbrook Golf Course. Councilmember Scott inquired who was responsible for completion of the soil borings to assure the light poles will not sink in the soil. The Director of Public Works stated the lights would be installed in areas which have relatively good soil conditions. He noted staff will work closely with the contractors during installation. RESOLUTION NO. 89 -78 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A GOLF COURSE FUND APPROPRIATION, ACCEPTING A PROPOSAL AND AUTHORIZING EXECUTION OF A CONTACT FOR INSTALLATION OF SECURITY LIGHTS AT CENTERBROOK GOLF COURSE 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 a Capital Projects Fund Appropriation, Accepting a Proposal and Authorizing Execution of a Contract for Installation of Lights along Trailway in Lions Park. RESOLUTION NO 89 -79 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION, ACCEPTING A PROPOSAL AND AUTHORIZING EXECUTION OF A CONTRACT FOR INSTALLATION OF LIGHTS ALONG TRAILWAY IN LIONS PARK The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Extending Interim Ordinance No. 87 -16 for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community and Regulating and Restricting the Development of Adult Halfway Houses, Community Based Residential Facilities and Similar Uses in the City. He noted this item is offered this evening for a first reading, and there is a resolution which coincides with this ordinance. The Director of Planning and Inspection stated staff is recommending August 31, 1989, as the date for the extension. He noted this should allow enough time for 4/24/89 -5- Resolution, Inc. to complete the group home study. The City Attorney noted an agreement has been reached with Kelly Norton, and he distributed a copy of it. The Director of Planning and Inspection stated there is proposed legislation which may affect the study and that is what is holding up completion of the study. Councilmember Lhotka inquired if this extension will create problems with the settlement or other areas of the issue. The City Attorney stated it is possible that the adoption of this extension could create a few problems, but if it is necessary the ordinance can be rescinded. He explained passage of this extension could also make the Commissioner of Human Rights unhappy, but the City would be in no worse position than it has been for the past 18 months. The City Manager pointed out the City Attorney could speak with the Commissioner of Human Rights before the second reading of the ordinance and report back to the Council. RESOLUTION 89 -80 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXTENDING MORATORIUM ON DEVELOPMENT OF ADULT HALFWAY COMMUNITY BASED RESIDENTIAL FACILITIES AND SIMILAR FACILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar and the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Paulson to approve for first reading An Ordinance Extending Interim Ordinance No. 87 -16 for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community and Regulating and Restricting the Development of Adult Halfway Houses, Community Based Residential Facilities and Similar Uses in the City and setting a public hearing date of May 22, 1989, at 7:30 P.M. The motion passed unanimously. Mayor Nyquist inquired how this extension and the settlement agreement affects the public hearing which has been scheduled for May 3, 1989. He also inquired if it was necessary to sign the settlement agreement this evening. The City Attorney stated this agreement locks the applicant into the terms of the settlement and requires them to drop the lawsuit. He noted the agreement could be signed next Monday evening at the Board of Equalization meeting. The City Manager noted the Council should pass a motion setting the public hearing date so that notices can be sent to interested parties. There was a motion by Councilmember Paulson and seconded by Councilmember Scott calling for a public hearing on May 3, 1989, pertaining to the Bill Kelly House and directing staff to send notices immediately. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City ordinances Regarding Zoning Classification of Certain Land. He explained this relates to the City initiated planning application for rezoning from R5 to Cl in the southwest corner of Brooklyn Boulevard and I -694. He added this item is offered this evening for a first reading. Councilmember Lhotka stated he would like to discuss this ordinance and the one immediately following on the agenda at the same time. The City Manager stated from a staff perspective a 4/24/89 -6- nonconforming use is a use which should eventually be phased out to allow a conforming use of the property as a replacement. He noted an exception does prolong the life of the nonconformity. Councilmember Lhotka stated he feels quite strongly that it is not proper for the Council to deny these residents the right to do something with their property. He stated he is personally opposed to this, but if all the residents in the affected area said that it would not create a hardship for them, it would be fine with him to adopt the ordinance. He stated if there are residents who find this would be a hardship, then the residents' rights need to be protected. He added he felt with some additional effort staff could come up with a better solution. He inquired if it would be possible to allow expansion in this area only. He noted he does have some concerns with the other people in other areas who are not allowed expansion, but they have lived with this restriction for a number of years anyway. The City Manager stated this item is offered this evening for a first reading, and it would be possible for staff to contact the affected property owners between now and the second reading to find out their feelings on the issue. He added it would also be possible to only rezone those properties which are now vacant. Councilmember Pedlar stated he liked the suggestion of contacting those affected residents. 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 Zoning Classification of Certain Land and setting a public hearing date of May 22, 1989, at 7:30 p.m. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to approve for first reading An Ordinance Amending Chapter 35 Regarding Expansion of Single Family Homes in the Cl Zoning Districts and setting a public hearing date of May 22, 1989, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of - the Brooklyn Center Code Relating to Collection of Recyclable Materials and Yard Waste, to Prohibiting Scavenging of Recyclable Materials and Authorizing Collection Districts. He noted this item is offered this evening for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve for first reading An Ordinance Amending Chapter 7 of the Brooklyn Center Code Relating to Collection of Recyclable Materials and Yard Waste, Prohibiting Scavenging of Recyclable Materials and Authorizing Collection Districts and setting a public hearing date for May 22, 1989, at 7:30 p.m. the motion passed unanimously. The City Manager stated we are planning to start the recycling program on June 1, 1989. He noted the containers would be distributed approximately two weeks before this date. PRIVATE KENNEL LICENSE - MABLE RUSTAD 5229 GREATVIEW AVENUE NORTH The City Manager explained Ms. Rustad submitted an application for a private kennel license for nine cats. He noted following two inspections by the Health and Police Department, staff is recommending denial of this license. He stated staff recommends allowing Ms. Rustad 30 days in which to remove the six excess 4/24/89 -7- cats from the residence, and if they have not been removed after the 30 day period, a citation would then be issued for noncompliance to the ordinance. Mayor Nyquist inquired how old the cats were. Ms.. Rustad stated they were all around five years old. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license for 5229 Greatview Avenue North. Mayor Nyquist recognized the applicant, Mable Rustad. Ms. Rustad stated she has lived in this house for 12 years and had been told when she moved in there was no law against keeping this many cats. She stated no matter what course of action the City takes this evening, she plans to keep her animals until they die a natural death. She added she plans to contact the TV stations if the City harasses her in any way. Mayor Nyquist then recognized Tom Heenan, City Sanitarian. Mr. Heenan explained the complaint originated from the Animal Humane Society. He noted when he and the building official visited the residence last week, there was still a strong odor of cat urine and feces. He noted seven of the cats were housed in hard to clean cages and were in unsatisfactory health. He noted the Humane Society has indicated they would assist in removal of the cats, if they are being kept in inhumane conditions. Councilmember Pedlar inquired how the Humane Society became involved The City Sanitarian ' y rian stated they had received a complaint and then contacted the City. There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to close the public hearing on a private kennel license for 5229 Greatview Avenue North. The motion passed unanimously. Councilmember Lhotka stated he is not an expert on animal care, but if both the Humane Society and the Health Department feel the animals are kept in unsanitary conditions, something should be done. Ms. Rustad stated it was not true the cats were being kept in unsanitary conditions. She stated she is in the process of replacing the formica in the cages, but she has to do it one cage at a time. Councilmember Lhotka stated he would like to suggest allowing a period of time to see if the corrections can be made. He noted he is not suggesting the Council grant the license; merely allow a period of reasonable time in which to make these corrections. Councilmember Lhotka inquired of the City Attorney if he felt 30 days would be appropriate. The City Attorney stated he thought 30 days would be appropriate. There was some discussion of Councilmember Lhotka's suggestion, and it was noted the Council could allow 30 days in which to remove the excess cats or make changes as required to meet the health and Humane Society standards. Councilmember Scott inquired if Ms. Rustad understood what the Council was discussing. Ms. Rustad responded affirmatively. Councilmember Scott inquired if there are litter boxes in each cage and if so, how often are they changed. Ms. Rustad stated there are litter boxes in each cage, and the litter is cleaned every day. Councilmember Pedlar stated he would want the Humane Society to outline the standards which they felt should be met and monitor to make sure all standards 4/24/89 -8- are met. The City Manager stated it is staff's belief if there had been an interest in the best care for the animals, it would have been done at the beginning. Councilmember Lhotka made a motion directing staff to prepare a written notice of requirements to Ms. Rustad and to allow 30 days for completion of these requirements. The City Attorney noted this course of action implies if the requirements are completed a permit will be approved. He stated Council should be sure they are willing to approve a private kennel license for this residence if the requirements are completed. The City Sanitarian stated the scope of requirements should be expanded to protect the animals which are loose in the house. He noted the house could become a public nuisance at some point. Councilmember Pedlar inquired if the house could be considered a public nuisance at this point. The City Sanitarian stated at this point there is just a terrible odor which is permeating the house but if the problem is left unattended, it could become a public nuisance. There was some additional discussion on granting the permit and allowing time for the appropriate improvements to take place. The City Attorney reminded the Council it would be difficult to require the improvements and not grant the permit. He stated the Council must take into account the past history of the issue and decide if this is an appropriate case for a kennel license. Ms. Rustad stated if the Council approves the license, the home must always be open for inspection, therefore, the house would always be clean. The City Manager stated originally this license was created as an interim step to allow time for removal of excess animals. He noted Ms. Rustad has indicated she will not remove any of the animals until they die naturally. Councilmember Lhotka rescinded the previous motion. There was a motion by Councilmember Paulson and seconded by Councilmember Scott to deny the private kennel license for 5229 Greatview Avenue North and directing staff to prepare a resolution with findings which allows the owner 30 days in which to remove the excess cats. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :26 p.m. and reconvened at 8 :41 P.m. PLANNING COMMISSION APPLICATION NO. 89006 SUBMITTED BY E AND H PROPERTIES REQUESTING REZONING OF A SLIVER OF LAND EAST OF 6550 WEST RIVER ROAD FROM R5 TO C2 TO ALLOW CONSTRUCTION OF A SERVICE STATION /CONVENIENCE STORE /CAR WASH AS A DEVELOPMENT ON THE C2 LAND The City Manager noted after review by the Planning Commission and the Northeast Neighborhood Advisory Group a moratorium was recommended. He noted since that time the City has received a letter from the applicant's attorney withdrawing its application for rezoning. He explained the City Council should acknowledge by motion the withdrawal of this application. He noted it would also be a good 4/24/89 -9- time for the City Council to discuss the Planning Commission's recommendation regarding the adoption of an interim ordinance establishing a moratorium while undertaking a land use study of this area. The Director of Planning and Inspection briefly reviewed the site and the surrounding land around the site. He noted the applicant's attorney does not believe it is proper for the Council to be considering any further action since the application has been withdrawn. He noted the City Attorney did advise staff that it would not be inappropriate to acknowledge withdrawal and discuss the proposed moratorium. The Director of Planning and Inspection stated a six -month moratorium is recommended on development or redevelopment in this area. He noted, however, it is not recommended that all development of the property under consideration be prohibited during the time of the moratorium. He stated staff feels that service office development which can be comprehended under existing C2 or as a special use under the R5 zoning should be allowed to be developed during the study time, thus, leaving some development options open to the owner. A discussion then ensued regarding possible rezoning of the surrounding areas, and uses that would be allowed into the Cl or C2 zoning districts abutting the Rl and R5 districts. The Director of Planning and Inspection stated the land use study would be undertaken to help indicate what will be the best and most appropriate uses in the area. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar acknowledging withdrawal of Planning Commission Application No. 89006 submitted by E and H Properties. The motion passed unanimously. The City Attorney pointed out by allowing certain uses to go forward, the City would be avoiding some legal problems. The Director of Planning and Inspection noted the service office district is allowed under both current zones of C2 and R5. He added if the City had a study completed in the area, it would show the rationale for why the City is rezoning the area. There was /a motion by Councilmember Lhotka and seconded by Councilmember Pedlar, directing staff to prepare a resolution and ordinance for an interim moratorium in the area between Willow Lane and West River Road from I -694 North past 66th Avenue North, and also directing staff to include everything but service office development under the moratorium. The motion passed unanimously. DISCUSSION ITEMS CITY ATTORNEY APPOINTMENT The City Manager explained that City Attorney Charlie LeFevere would be leaving the law firm of LeFevere, Lefler, Kennedy, O'Brien, and Drawz to join the law firm of Holmes and Graven. He noted currently the LeFevere, Lefler law firm is designated by City Council motion as the City Attorney and Prosecuting Attorney. He explained the result of Charlie LeFevere leaving the LeFevere, Lefler law firm requires the City of Brooklyn Center to react quickly to designate a transition and /or permanent change in the legal representation area. The City Manager stated it is staff's recommendation that the City Council pass a motion appointing the law firm of Holmes and Graven as the City Attorney and Charlie LeFevere as the Leah Counsel and representative of that firm for 4/24/89 -10- Brooklyn Center. He noted a second motion should be made to appoint the law firm of LeFevere, Lefler, Kennedy, O'Brien, and Drawz as the Prosecuting Attorneys for the City of Brooklyn Center and Steve Tallen as the Lead Counsel and contact for prosecution purposes. He stated staff is recommending a third motion which would authorize the City Manager to make the final decision on the division of cases between the LeFevere, Lefler law firm and the Holmes and Graven law firm during the transition period on a case -by -case basis. A discussion then ensued regarding the staff's recommendations, and Mayor Nyquist stated he would like to see these motions as a temporary solution. He noted he would like staff to seek proposals for prosecution services and other legal services. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to appoint the law firm of Holmes and Graven as the City Attorney and Charlie LeFevere as Lead Counsel on a temporary basis. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to appoint the law firm of LeFevere, Lefler, Kennedy, O'Brien, and Drawz as City Prosecutor and Steve Tallen as Lead Counsel on a temporary basis. The motion passed with Councilmember Pedlar opposed. There was a motion by Councilmember Lhotka and seconded by Councilmember Paulson authorizing the City Manager to make the final decision on the division of cases between the LeFevere, Lefler law firm and the Holmes and Graven law firm during the transition period on a case -by -case basis. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson giving the City Manager authority to seek specialized legal services when the need arises. The motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Lhotka directing staff to prepare two RFPs, one for the prosecution services and one for the civil services performed by law firms. The motion passed unanimously. RESIDENTIAL TREATMENT FACILITY LEGISLATION The City Manager stated there is a bill being considered in the Legislature which would prevent overconcentration of residential treatment facilities. He went on to explain in January, 1989, the City Council took action which would authorize the Mayor and City Manager to sign a lobbying agreement with a consortium of communities in the amount of up to $10,000. He noted this action was subject to the agreement of at least two other communities to join in this lobbying effort. He stated at this time no one else has chosen to join in this lobbying effort. He explained he has received an inquiry from Hennepin County, who is lobbying this legislation, and they have asked whether the City Council would wish to join with them and use a portion of the $10,000 to assist them in a lobbying effort with Boland and Associates for the remainder of the legislative session. Councilmember Scott inquired if Hennepin County's goals are the same as the City and whether the City would be paying for them to solve its problem but would not be solving our own. The City Manager stated he believes the City and the County have a common goal because we are both basically in the same situation. He stated he would be able to monitor the 4/24/89 -11- lobbying efforts through the Northern Mayor's Association and the Association of Metropolitan Municipalities. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott authorizing the Mayor and City Manager to sign an agreement of up to $4,000 to join Hennepin County in a lobbying effort at the end of this session to seek legislation in this area, which would allow more local citizen input into the licensing process for state residential treatment facilities. The motion passed unanimously. APPROVAL OF 1988 -89 POLICE CONTRACT The City Manager explained last week the City received the arbitration award from Joseph Bard relating to the 1988 -89 police contract. He stated staff is recommending the Council pass a motion authorizing the Mayor and City Manager to sign the attached 1988 -89 police contract and amend the 1989 pay plan for increase to the employee contribution ibution for the Local #49 - bar ainin nonorganized employees to a rate of $215 per month. g g unit and There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the 1988 -89 police contract and to increase the 1989 employee contribution for the Local #49 bargaining unit and all nonorganized employees to a rate of $215 per month. The motion passed unanimously. OTHER BUSINESS Mayor Nyquist stated, as the Council is aware, Councilmember Lhotka has submitted his resignation effective April 30, 1989. He noted according to the City Charter the Council has 30 days from the effective date to make an appointment and if no appointment is made, then a special election must be scheduled within 90 to 120 days. The City Manager explained the cost of a special election would be between $8,000 and $10,000. Councilmember Paulson stated if the Council is going to make an appointment, he would like the process to be as open and public as possible. There was some discussion as to the amount of experience Councilmember Lhotka has with the Council and the possibility of filling his Council seat with another past Councilmember who is interested in appointment. Councilmember Paulson stated he feels there are people within the community who, even though they have not been members of the City Council, are capable of serving on the Council. Councilmember Pedlar stated if the Council could not agree on an appointment, it could accept letters of interest and resumes from residents of the City. He added, however, that he would question how complete an interview process could be made in 30 days. The City Manager stated that the majority of communities in this position do appoint someone to fill the vacant Council seat. However, some do go to special elections. He went on to explain the procedures involved for both processes. Councilmember Lhotka stated the special election is very expensive, and he feels the Council could easily come up with a list of names of interested parties. The City Manager stated the Council should accept Councilmember Lhotka's resignation at the May 1, 1989, Board of Equalization meeting. 4/24/89 -12- Councilmember Scott suggested each Councilmember contact the Mayor by May 1 to inform him whether the Councilmember prefers to appoint a new Councilmember, accept letters of interest and resumes from residents, or have a special election. The Council all agreed to contact the Mayor by May 1 with their decision. Councilmember Lhotka stated he would like some information regarding the placement of the stop sign on 57th Avenue North at Dupont Avenue North. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:05 p.m. �. Deputy City Clerk o I i 4/24/89 -13-