Loading...
HomeMy WebLinkAbout1987 11-09 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 NOVEMBER 9, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council y y met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. 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, HRA Coordinator Brad Hoffman, and Personnel Coordinator Geralyn Barone. INVOCATION The invocation was offered by Councilmember Theis. 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 in the audience who wished to address the Council. There being none, he continued with the regular agenda items. Mayor Nyquist said some time ago the City Council passed a proclamation declaring a war on drugs. He said the board of directors of the Peacemaker Center spearheaded a task -force which has been meeting to determine what can be done in Brooklyn Center to attack the drug problem. Mayor Nyquist said in the meantime, the Minnesota legislature passed a law requiring schools to form community advisory committees to deal with the drug problem. He said the Brooklyn Center school district - is one of the first districts to adopt an agreement on how drug offenders are handled. He commended the community for its efforts in this area. RECESS The Brooklyn Center City Council recessed to the Economic Development Authority at 7:11 p.m. and reconvened at 7:49 p.m. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Hawes requested item 13 be removed from the consent agenda, and Councilmember Lhotka requested item 9i be removed from the consent agenda. APPROVAL OF MINUTES - OCTOBER 26 1987 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the October 26, 1987, City Council meeting. The motion passed unanimously. 11 -9 -87 -1- RESOLUTIONS RESOLUTION NO. 87 -202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED FOR WATER QUALITY IMPROVEMENT PROJECT NO. 1986 -18 (FOR THE AREA BOUNDED BY 65TH AND 63RD AVENUE NORTH, WEST OF NOBLE AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -203 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -Q (EARLE BROWN FARM STREETSCAPE, IMPROVEMENT PROJECT NO. 1986 -21 PHASE III STREETSCAPE NODES) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -204 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -J (PALMER LAKE TRAIL EAST, IMPROVEMENT PROJECT NO. 1987 -12) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -205 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -K (DALLAS ROAD RECONSTRUCTION STREET, IMPROVEMENT_ PROJECT NO. 1985 -12) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -206 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -L (CAMDEN AVENUE SIDEWALK IMPROVEMENT PROJECT NO. 1987 -10) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -207 Member Celia Scott introduced the following resolution and moved its adoption: 11 -9 -87 -2- RESOLUTION APPROVING VACATION LEAVE AND SICK LEAVE FOR THE ENGINEERING TECHNICIAN IV The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CHRISTMAS TREE SALES LOT Midwest Challenge, Inc. P. 0. Box 7364 Osseo Brooklyn Bus Co. 4435 68th Ave. N. MECHANICAL SYSTEMS Air One Mechanical Co. 6317 Welcome Ave. N. Northwestern Service, Inc. 2296 Territorial Road SIGN HANGER Signart Company, Inc. 2535 Pilot Knob Road The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling and said this ordinance was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and a public hearing was opened on October 26, 1987. The public hearing has been continued to this evening's meeting. He also presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments and said this ordinance was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and a public hearing was opened on October 26, 1987. The public hearing has been continued to this evening's meeting also. The City Manager said these two ordinances are interrelated and should be considered together. He said there are representatives from the Lions Club at this evening's meeting, and the Lions Club has requested a modification in the ordinance amending Chapter 23 to allow the Lions Club to have three gambling locations instead of two. Mayor Nyquist recognized Bob Speis of the Lions Club who said he would like to have the Lions Club grandfathered in by this ordinance to allow for three gambling locations because more money will be raised for the community. He acknowledged there has been concern over monopoly by the Lions Club, but if there is a problem, the Lions Club would give up one of its three sites. Mr. Spies said the Lions Club presently has two locations, and the Club is netting about $9,000 a month. If there are three sites, there will be that much more money for the community. Councilmember Theis said nothing in the ordinance says the Lions Club will voluntarily give up one location if asked, but if the intent is in the minutes, he asked if this will help the City's cause if there is a problem. The City Manager said it will give the City leverage but not control. Councilmember Scott said if it came to the point that another organization wanted one of the Lions Club's locations, the City should have the option of 11 -9 -87 -3- renewing only two of the licenses for the Lions Club at renewal time. Councilmember Lhotka said he will oppose the allowance of three sites for the Lions Club, although he does not oppose the Lions Club per say. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearings on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling and An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments. The motion passed unanimously. ORDINANCE NO. 87 -17 Member Celia Scott introduced the following ordinance and moved its adoption, with an amendment to the original ordinance amendment as follows: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING CHARITABLE GAMBLING The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. ORDINANCE NO. 87 -18 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE ESTABLISHMENTS The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 87023 SUBMITTED BY JAMES ANDRESCIK REQUESTING A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW A ZERO SETBACK FOR AN ATTACHED GARAGE PRESENTLY BUILT OVER THE SIDE PROPERTY LINE AND A STORM SEWER EASEMENT PLANNING COMMISSION APPLICATION NO. 87024 SUBMITTED BY JAMES ANDRESCIK REQUESTING FOR A VARIANCE FROM THE SUBDIVISION ORDINANCE TO ALLOW A LAND TRANSFER BY METES AND BOUNDS DIVISION RATHER THAN BY FORMAL PLATTING The City Manager said he received a request from the applicant to table these applications to the next Council meeting. He said staff would like to discuss the situation with the City Council and receive comment from it prior to the next meeting. He suggested the Mayor open the public hearings on these applications and adjourn the hearings to the next meeting for specific action. Councilmember Scott asked if there is a problem with the agreement the City has asked the applicant to sign. The City Manager said agreements similar to this have been devise for other development' projects, but the applicant objects to the amount necessary for the letter of credit. The Director of Public Works proceeded to review the situation involved here. He said the locations involved are 5806 and 5812 Halifax Avenue North; the applicant is trying to sell his home and has found problems with the easements 11 -9 -87 -4- and storm sewers have created road blocks in attempting to sell the home. The Director of Public Works said approximately one month ago the City Council authorized Westwood Engineering to conduct a study on the City storm sewer system and make recommendations on the storm sewer in the area near the applicant's home. He said the study indicated two significant items, and he proceeded to review these. He discussed alternatives to the recommendations which would include considering an alternative storm sewer route along Halifax Avenue North to France Place, and he said although this would be a longer route, it would be along existing streets and the conditions for installation would be better than if the sewer would have to be replaced through the yards of the applicant and his neighbor. Councilmember Lhotka questioned the need for oversizing the storm sewer pipes, and the Director of Public Works said there has been a history of some flooding in this area because of the existing size of the sewer. He said although the City may be able to get by with this now, sometime down the road the City should consider a plan to alleviate some of the flooding problems. The Director of Public Works said the two recommendations arrived at by Westwood Engineering include a proposal to consider alternative alignment and to duplicate the capacity of the existing storm sewer by constructing a 30 inch storm sewer to replace the 18 inch and 24 inch sewers that presently exist. The Director of Public Works reviewed the cost estimates and said these are considerably higher than the cost previously obtained by the applicant from a plumber; the plumber's estimate did not include the cost for filling the existing storm sewer pipes that would be left in place under the applicant's house, as well as landscaping and landscaping repairs. Councilmember Lhotka asked for a summary of all approximate costs, and the Director of Public Works said costs include $2,500 for the Westwood Engineering study and $2,350 for engineering, administrative, and legal fees. In addition, staff time used in trying to resolve the problems over the last few months has been considerable. Councilmember Theis questioned the City's role in issuing a permit at the time when improvements were initially made to the applicant's property. He asked what percent of this entire problem should be attributed to the City and what percent should be the responsibility of the applicant. The Director of Public Works said approximately two /thirds of the cost should be attributable to the applicant and one /third of the cost to the City. There was some discussion regarding what the City's responsibility should have been and what cost the City should incur. The Director of Public Works said this is a judgment that the City Council should make. Mayor Nyquist said he does not think it is the City's responsibility to keep the property owner off of easements. The City Attorney agreed and said the City, by issuing a permit, does not ensure that a building will not be built on an easement. In this case, he said the addition was built onto the neighbor's property and the City does not normally consider such situations. The Director of Planning and Inspection reviewed some of the circumstances surrounding this situation when the permit was issued in 1968. Councilmember Theis said additional background information would have been helpful to the Council. The Director of Planning and Inspection said the memo dated August 12, 1987, list dates of the permits issued and said the actual drawing submitted in 1968 is not available. Councilmember Theis said the City may have greater than 11 -9 -87 -5- L one /third of the responsibility for the problem here because it should have known what was being proposed could not have fit on the lot in question. The Director of Public Works proceeded to review the agreement drafted by City staff which would require the applicant to pay 100% of the construction costs, which is approximately $19,400, and the City would incur the legal, engineering, and administrative costs, as well as staff costs. He said the agreement as drafted requests the applicant to provide a letter of credit for one and one- half times the amount of the project, and this is the normal request the City makes of developers. The Director of Public Works said staff is asking the City Council if the same policy should be applied here. He also reviewed the concerns of the applicant's neighbor and noted the applicant is trying to sell his property and is trying to reach agreement with the City as soon as possible. Mayor Nyquist said he does not feel the City has to share the cost and would do so only out of the goodness of its heart. Councilmember Theis said based on the dollar figures presented by the Director of Public Works, the City's share is 11% and the applicant's share is 89 %, which is different than one /third for the City and two /thirds for the applicant. The Director of Public Works said staff time expended on this over the last three to four months has been at least 200 employee hours, which is a considerable amount. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87023 submitted by James Andrescik requesting for variance from Section 35 -400 of the zoning ordinance to allow a zero setback for an attached garage presently built over the side property line and a storm sewer easement and on Planning Commission Application No. 87024 submitted by James Andrescik requesting a variance from the subdivision ordinance to allow a land transfer by metes and bounds division rather than by formal platting. He also opened the meeting for the purpose of a public hearing on An Ordinance Vacating Portions of the Public Utility Easements Located on Lots 46 and 47, Block 6, Pearson's Northport Third Addition. Councilmember Hawes asked if there is any problem with the holding capacity of Northport Lake, and the Director of Public Works said the City would want to look long and hard at the capacity of this lake. Councilmember Hawes asked if the lake has an outlet, and the Director of Public Works said it does have a storm sewer outlet at the south end of the lake, with the final outlet by the golf course. Mayor Nyquist continued the public hearings on Planning Commission Application No. 87023, Planning Commission Application No. 87024, and An Ordinance Vacating Portions of the Public Utility Easements Located on Lots 46 and 47, Block 6, Pearson's Northport Third Addition to the November 23, 1987, City Council meeting. Councilmember Scott asked if there is any direction for staff on what amount the letter of credit should be for the applicant, and Councilmember Theis said he would like to see it reduced from 150% to 100% of the project costs. Councilmembers Scott and Hawes agreed with this, and Mayor Nyquist and Councilmember Lhotka said they would be opposed to this. 11 -9 -87 -6- RESOLUTIONS (CONTINUED) RESOLUTION NO. 87 -208 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S REPORT REGARDING STORM SEWER IMPROVEMENT PROJECT 1987 -22 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 Amending the 1987 General Fund Budget which would appropriate funds for a portable breath testing simulator. He described the equipment necessary and the problems with the existing equipment. Councilmember Lhotka asked how old the equipment being replaced is, and the City Manager said approximately five to six years old. Councilmember Lhotka asked what the normal life expectancy of this equipment is, and the City Manager said he did not know. Councilmember Lhotka said if it gets to the point where equipment is breaking, such items should be budgeted for during the regular budget process. Mayor Nyquist recognized Bob Speis of the Lions Club who said the Club will donate the money to purchase this piece of equipment for the City. Councilmember Theis said he does not think $315 is a significant enough amount for the staff to come to the City Council for approval. RESOLUTION NO. 87 -209 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :46 p.m. and reconvened at 9:04 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Supplemental Agreement No. 2, and Accepting Work Performed under Contract 1987 -E (Brookdale 16 Inch Water Main, Improvement Project No. 1987 -03). He said the project was delayed for two reasons, including a law suit related to the bidding process and a delay in receiving approval for use of the easement because of a conflict between Main - street and the property owner. The Director of Public Works reiterated what the City Manager said and reviewed supplemental agreement No. 2. Councilmember Lhotka asked what the cost is for placing a rush order, and the Director of Public Works said the extra cost incurred is for overtime. The Director of Public Works proceeded to give further details on the problems encountered in completing this project. The main problem was in the ability to get approval for the City to use the easement to construct the water main. The 11 -9 -87 _7_ City repeatedly received verbal assurances from Mainstreet for use of the easement. There was a three and one -half week work stoppage until written approval was received for use of the easement. Because of the delay, the Director of Public Works said an additional $35,500 was incurred in the cost of this project; the rest of the project was well under the original estimate. Councilmember Lhotka asked if the City will be able to recover any of the $35,500, and the Director of Public Works said he will review this with the City Attorney. Councilmember Lhotka expressed his opposition for having to pay the extra cost incurred because of the work stoppage. RESOLUTION NO. 87 -210 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2, AND ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -E (BROOKDALE 16 INCH WATER MAIN, IMPROVEMENT PROJECT NO. 1987 -03) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Accepting Engineer's Report Regarding Rehabilitation of Well House No. 5 and 6 (Improvement Project No. 1987 -20) and Accepting Proposal for Architectural Services Relating to the Preparation of Construction Plans and Specifications and Construction Supervision of Project. The Director of Public Works said the architects have completed an evaluation on the well houses and submitted their report to the City. The report says the lowest alternative cost for both well houses is to stay with the existing roof profile on each of the structures with some modifications, and he proceeded to review these changes. Councilmember Lhotka asked for clarification of the modification recommended for well house No. 5, and the Director of Public Works further described and discussed this. He then proceeded to review the recommended modifications for well house No. 6. Councilmember Lhotka asked when these will be done, and the Director of Public Works said staff will proceed with developing specifications to take bids in early spring and construction will begin next summer. - Councilmember Lhotka said he would like to see a break down of the costs plus further details on the terracing of the roof on one of the well houses. The Director of Public Works said the estimated maximum cost for the preliminary study that has been conducted was $4,300, and the City is well under budget at this time. He said the request for additional information on the terracing should not cause a substantial amount of money. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to lay over to the November 23, 1987, City Council meeting the Resolution Accepting Engineer's Report Regarding Rehabilitation of Well House No. 5 and 6 (Improvement Project No. 1987 -20) and Accepting Proposal for Architectural Services Relating to the Preparation of Construction Plans and Specifications and Construction Supervision of Project, at which time further information will be available on terracing and specific costs. The motion passed unanimously. The City Manager presented a Resolution Establishing Improvement Project No. 1987 -24 Reconditioning Well No. 6, and Approving Agreement for Professional Services Relating Thereto. The Director of Public Works said each year the City 11 -9 -87 -8- inspects one or two of the mechanical parts on the City wells. He said the schedule calls for pulling up, inspecting, and reconditioning if necessary the pump and motor at well house No. 6. He said the size of the pump, the motor installed, and the depth of the pump located at this well house does not provide for the maximum amount of capacity that is available through this well. The Director of Public Works said the City could obtain a larger pump to obtain additional capacity and said making minor changes to pumps at all locations in the City could provide an additional one million gallons of water per day. The Director of Public Works said this is a much cheaper option than adding another well. He said staff is requesting the services of a consultant to assist in the project to maximize the capacity that is known to be available to the City, and the engineering firm of Short, Elliott, Hendrickson are experts in this area. Councilmember Theis asked if the City wells were built too close together, and the Director of Public Works said this was not a problem; the capacity in the aquifer is there, but the design of the wells did not anticipate future effects of additional wells. He said the bottom line is by doing a study, the City will save a substantial amount of development cost for additional wells and also save operating costs. Councilmember Theis asked if the wells are more efficient during the nonmaximum use times, and the Director of Public Works responded affirmatively. He added that although efficiency is lost during peak periods, there is increased capacity during these peak times. Councilmember Lhotka asked why all of this is coming to light now. The Director of Public Works said last summer the City had an extended period of high demand for the use of water and had a new automated machine that recorded what was happening in the system. The City did not have this ability before, and since the results have been made available through this machine, the City is able to zero in on efficiencies and inefficiencies of the system. Councilmember Lhotka asked if before this, the City did not know it was not operating at capacity, and the Director of Public Works said it did not. The City Manager said the City has experienced a steady increase in peak demand and is still looking at the possibility of adding wells. However, staff would like to look at improving the efficiency of the existing system before making any additions to it. Councilmember Lhotka said over the years, the City has had a number of studies related to the wells. He said the City may not have requested such information before, but maybe it should have. The Director of Public Works said at one time a consultant told the City that the system was not at maximum capacity and suggested that certain things could be done to improve the capacities; however, the consultant did not get into the details of how this could be done. Councilmember Theis asked if a well pumps at 100% when it is on and not at all when it is off. The Director of Public Works said for the most part, the system is all or nothing; however, there are ways to adjust if a well is pumping too fast or too much water. By closing a valve, the efficiency of the pump is reduced. He further described how the system works and discussed with Councilmember Theis the operation of the wells. 11 -9 -87 -9- RESOLUTION NO. 87 -211 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -24 RECONDITIONING WELL NO. 6, AND APPROVING AGREEMENT FOR PROFESSIONAL SERVICES RELATED THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. DISCUSSION ITEMS CHARTER AMENDMENT REGARDING A FULL -TIME FIRE CHIEF The City Manager said during budget review, the City Council authorized funding for a full -time fire chief. After reviewing the City Charter, which allows for a volunteer fire chief, it was determined that the most expeditious way to handle a charter amendment is to have the City Council request the Charter Commission to consider an ordinance amending the charter. Upon approval by the Charter Commission, the City Council would then consider an ordinance amendment. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to direct the City Manager to refer to the Charter Commission for its review and action a request to prepare an ordinance amendment for the City Council to consider. Councilmember Lhotka noted that several years ago the idea of a full -time fire chief was a hot issue and some residents may still be sensitive to it. The City Manager said he has discussed this proposal with current fire department members who are formally aware of the proposed changes. Councilmember Lhotka requested the staff to do everything possible to publicize to the community at large about anticipated changes, and the City Manager said he will make an extraordinary effort to do so. Upon vote being taken on the foregoing motion, the motion passed unanimously. LOCAL ADDENDUM TO THE MASTER LABOR AGREEMENT BETWEEN METROPOLITAN AREA MANAGEMENT ASSOCIATION AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 - . AFL-CIO The City Manager requested a two week delay in consideration of the local addendum to the master labor agreement because the union would like to further review the language in the contract. There was a motion by Councilmember Scott and seconded by Councilmember Theis to consider the local addendum to the master labor agreement between Metropolitan Area Management Association and the International Union of Operating Engineer's Local No. 49, AFL -CIO at the November 23, 1987, City Council meeting. The motion passed unanimously. ANNUAL FINANCIAL AUDIT PROPOSALS The City Manager said the request for proposals has been presented to the City Council. The Director of Finance said requests for proposals are being sent to six firms. He asked the Council if they are satisfied with this route and requested direction on where staff should go from here. Councilmember Theis 11 -9 -87 -10- said he would like the Director of Finance to review and prioritize the proposals for the City Council. He also said on page two, item 7 of the request for proposals, the word "all" should be inserted before "Minnesota municipal clients." There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to direct staff to proceed to collect requests for proposals for the annual financial audit and to direct staff to prioritize these proposals for the City Council. The motion passed unanimously. RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION TO AMEND THE ADVISORY COMMISSION BYLAWS REGARDING ARTICLE VII WHICH ALLOWS COMMISSION MEMBERS TO SPEAK ON BEHALF OF THE COMMISSION Councilmember Theis said he felt since the wording in the bylaws and t1te proposed revised wording were both appropriate, he would like to see the Council change the bylaws to include the proposed wording. Councilmember Hawes said the wording has been a real hangup with the commission, especially the chairman and some of its members who feel they are muzzled by the current wording in the bylaws. These members feel they should have the ability to speak on behalf of the Park and Recreation Commission instead of being stymied. The City Manager said he does not believe the current wording does this. Councilmember Lhotka asked the City Attorney for his opinion on this, and the City Attorney said both the existing and proposed language would be fine. Councilmember Theis said he is willing to agree with the change recommended by the commission to make the volunteers feel more receptive by the City. There was some discussion regarding the concerns of the Park and Recreation Commission. Mayor Nyquist asked if there has been a problem for the commission with the existing wording, and Councilmember Hawes said there have been no problems, but the commission feels the language is restrictive. The Personnel Coordinator reiterated the feelings of the commission as already expressed by Councilmember Hawes. There was a motion by Councilmember Theis and seconded by Councilmember Scott to direct staff to prepare an amendment to the bylaws with the language identical or similar to the Park and Recreation Commission recommendation for Article VII of the Advisory Commission bylaws. The motion passed unanimously. DESIGNATION OF MISSISSIPPI RIVER AS NATIONAL SCENIC RIVER The City Manager said this information is being passed on to the Council at the request of Grey Cloud township. Councilmember Scott said she does not see a problem with the bill because it does not look like the federal government is trying to take control of the river. She said the bill seems to do more to protect local government, and she does not understand the position taken by Grey Cloud township. After some brief discussion, the City Council decided not to take any action on this request. GROUP HEALTH INSURANCE PLANS The City Manager said for the last four to five years the City has been involved with Hennepin County's bidding system for health insurance plans for employees. He said this year Hennepin County eliminated coverage for PHP and Med Center, and the City is looking at ways to retain these two options for its employees. 11 -9 -87 -11- The Director of Finance proceeded to review the City's coverage for employees, the City's contribution towards insurance, and the enrollment by City employees for specific plans and coverages. He reviewed Hennepin County's action to drop PHP and Med Center and add Family Health Plan, Inc. as an option for its employees. The Director of Finance reviewed the results of meetings held with representatives from PHP, Med Center, and Group Health, Inc. He said a committee with representatives from other jurisdictions that have been with the Hennepin County bidding system has been attempting to work out agreements with PHP and Med Center, and he is looking for authorization from the City Council if an agreement can be reached. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize staff to attempt to maintain the present health insurance plans and to develop options to do so. The motion passed unanimously. PROCLAMATION Councilmember Hawes said he would like to bring to the attention of the City Council the fact that Brooklyn Center Mediation Project is being pushed by some members to include in its name something that would refer to the northwest area as opposed to Brooklyn Center only. He said Brooklyn Center has been supportive of the mediation project and hopes the City would oppose any name change. There was a motion by 'Councilmember Hawes and seconded by Mayor Nyquist to oppose any name change to the Brooklyn Center Mediation Project. Councilmember Theis asked if the project has accepted money from other cities, and Councilmember Hawes responded affirmatively, although it has been minimal. Councilmember Lhotka said he would like to know the other side of the issue before acting on it. Mayor Nyquist said other cities say they do not contribute money to the project because of the name; he would like to see money from these cities before there is any name change. Councilmember Hawes said many of the cases handled by the project now are shop lifting cases from Brookdale by North Minneapolis residents. He suggested the name would have to include a very broad area, which he objects. Councilmember Lhotka asked if the project is expanding so the area it covers would benefit dollar wise. Councilmember Hawes said it hopes it does, but there is no guarantee. Mayor Nyquist said the original idea was to have Brooklyn Center's project provide expertise to get other organizations started. Councilmember Scott asked if other cities are sending their cases to the project, and Mayor Nyquist said Maple Grove is. Upon vote being taken on the foregoing motion, the motion passed. Councilmember Lhotka abstained from voting. Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING NOVEMBER 15, 1987, TO NOVEMBER 21, 1987, AS ALTERNATIVE DISPUTE RESOLUTION WEEK IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. Member Gene Lhotka introduced the following proclamation and moved its adoption: 11 -9 -87 -12- PROCLAMATION DECLARING NOVEMBER 22, 1987, TO NOVEMBER 29, 1987, AS NATIONAL BIBLE WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Rich Theis, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:32 p.m. 9 City Clerk Mayor 11 -9 -87 -13-