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HomeMy WebLinkAbout1986 09-22 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 SEPTEMBER 22, 1986 CITY HALL CALL TO ORDER - The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 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, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Police Chief Jim Lindsay, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. n INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist noted the Council had received two requests to use the Open Forum session this evening. He added that he would like to hold these requests until the proper agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. No requests were made. APPROVAL OF MINUTES SEPTEMBER 8 1986 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the minutes of the September 8, 1986 City Council meeting. The motion passed unanimously. FINAL PLAT APPROVAL - BROOKLYN CROSSING SECOND ADDITION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the final plat for Brooklyn Crossing Second Addition. The motion passed unanimously. PERFORMANCE BOND RELEASES There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to release the performance guarantee, in the amount of $25,000, for Summit State Bank, 6100 Summit Drive (Planning Commission Application No. 78002). The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to release the performance guarantee, in the amount of $15,000, for Brooklyn Crossing Office Building, 3300 County Road 10 (Planning Commission Application 9 -22 -86 -1- No. 81017). The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to release the performance guarantee, in the amount of $20,000, for Brookwood, North Lilac Drive between Dupont & Humboldt (Planning Commission Application No. 83004). The motion passed unanimously. PERFORMANCE BOND REDUCTIONS There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to reduce the performance bond from $100,000 to $30,000 for Ramada Hotel, 2200 Freeway Boulevard, Planning Commission Application No. 83045. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to reduce the performance bond to $1O,OOO.for Highway 100 Racquet and Swim Club, 4001 Lakebreeze Avenue North, Planning Commission Application Nos. 83051 and 86003. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to reduce the performance bond from $285,000 to $25,000 for Target /Ryan Shopping Center, 6000 -6100 Shingle Creek Parkway, Planning Commission Application No. 85001. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 86 -155 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING SANITARY SEWER RATE FOR THE ELDERLY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 86 -156 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EVELYN MISFELDT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 86 -157 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROSEMARY KIESELHORST The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. LICENSES 9 -22 -86 -2- There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the following list of licenses: CIGARETTE LICENSE C.O.M.B. Company 5425 Xerxes Avenue N. Theisen Vending Company 3804 Nicollet Avenue S. Ramada Hotel 2200 Freeway Blvd. COMMERCIAL KENNEL LICENSE Brooklyn Pet Hospital 4902 France Avenue N. Daisy Mae Dog Grooming 6830 Humboldt Avenue N. Snyder Bros., Inc. Brookdale Center ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Avenue N. Korean Presbyterian Church 6830 Quail Avenue N. Willow Lane Elementary School 7107 Major Avenue North MECHANICAL SYSTEMS LICENSE Aer, Inc. Box 1146 B & C Heating, Inc. P.O. Box 385 Royalton Heating & Cooling Co. 4120 85th Avenue N. NONPERISHABLE VENDING MACHINE LICENSE Theisen Vending Co. 3804 Nicollet Avenue N. Ramada Hotel 2200 Freeway Blvd. RENTAL DWELLING LICENSE Initial: Bruce Beroloehr 4207 Lakeside Ave. N. #120 Dr. Akbar Sajady 4207 Lakeside Ave. N. #131 Dr. Akbar Sajady 4207 Lakeside Ave. N. #224 Dr. Akbar Sajady 4207 Lakeside Ave. N. #326 William and Linda Bjerke 3614, 16 50th Ave. N. Douglas and JoMarie Hentges 5206 63rd Ave. N. Renewal: Tower Investments 5100 Drew Avenue N. Dion Properties, Inc. 5740 Dupont Avenue N. Roland Scherber 5243 Ewing Avenue N. Gary D. Anakkala 5412 & 5412 1/2 Fremont Ave. N. Mahmud & Mahmud 5843 Fremont Avenue N. Kenneth W. Kunz 5601 Lyndale Avenue N. Raymond and Grace Harr 6406 Scott Avenue N. Irwin Ketroser 6525, 27, 29 Willow Lane N. Milton R. Carlson 610 53rd Avenue N. Jack & Elizabeth Fahrenholz 620 53rd Avenue N. John and Patty DeVries 2801 66th Avenue N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Supplemental Agreement No. 1 9 -22 -86 -3- to Contract 1985 -K (Reconstruction of Dallas Road between 72nd and 73rd Avenues North). The Director of Public Works stated there have been several areas of failure on this 1985 construction project. He noted staff has done an extensive evaluation of the project, and has determined the cause of failure and the method of repair. He stated the roadway structure had been underdesigned and that the drainage had been installed at too shallow of a depth. Councilmember Scott asked if the repair cost is a guess or an estimate. The Director of Public Works stated that eight areas of the construction have been tested and staff feels this is a reasonable estimate for the project. Councilmember Scott asked how high the project costs could go. The Director of Public Works stated that in a worst case scenario he could see an additional $10,000 above the estimate. Councilmember Hawes asked if the drainage had been installed according to the specs. He also inquired who the specs had been completed by. The Director of Public Works stated that the drainage installation had been according to specs and the City's engineering department had completed the specifications. Councilmember Theis asked if this type of system had been used in other areas of the Twin Cities. The Director of Public Works stated that he was sure that it had been used in other areas but had no documentation on that. Councilmember Theis stated that in the future he would prefer to have these types of projects checked out. The Director of Public Works stated that generally a consultant is hired for these type of projects, but staff did not feel the problem was that extensive to justify the additional cost. Councilmember Lhotka noted that he was in agreement with Councilmember Theis' statement. RESOLUTION NO. 86 -158 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO CONTRACT 1985 -K AND PROCEDURES FOR CORRECTION OF PROJECT DEFICIENCIES (DALLAS ROAD BETWEEN 72ND AND 73RD AVENUES NORTH 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 Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986. He noted that this resolution had originally been read at the August 25, 1986 City Council meeting and had been tabled at that time. He referred the Council to the information prepared for the transition alternatives for Councilmember and Mayor positions. Mayor Nyquist inquired if action was to be taken on the transition issue this evening. The City Attorney stated that the transition could not be dealt with until after the election. Councilmember Theis stated that at the August 25, 1986 City Council meeting he had raised a number of questions. He noted that he did not intend to delay this issue and that he felt it was important to move on the issue and put it on the ballot as proposed. Mayor Nyquist recognized Ann Jarvimaki, 5625 Aldrich Avenue North, who stated she felt the amendment should be placed on the ballot so that the voting public 9 -22 -86 -4- and taxpayers could decide the issue. She briefly reviewed the number of voters who participated in the 1985 election and the cost of the election, and stated that she did not feel this was the best use of her tax money. Mayor Nyquist recognized Ron Christenson who stated he has some concerns regarding the ballot, and the transition because local issues usually become insignificant during federal and state elections. He stated he felt the Charter Commission should review their policies and the City Council should approve the Charter Commission's policies. Mayor Nyquist recognized Tony Kuefler who stated he was representing the Citizens for Better Government, and that he supports putting the issue on the ballot. Mayor Nyquist recognized Dennis Kueng, Charter Commission Chairman, who stated the Commission has been discussing this issue for the past two years. He added that he could not understand why the Council would delay allowing the citizens to vote on this issue. Mayor Nyquist recognized Phil Cohen who stated that if public opinion had been sought from the beginning, questions would not have been raised regarding the procedure. He added that he felt the public should be aware of the ramifications of this change. RESOLUTION NO. 86 -159 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CALLING SPECIAL ELECTION FOR SUBMISSION OF PROPOSED AMENDMENTS TO CITY CHARTER AND FIXING FORM OF BALLOTS, NOVEMBER 4, 1986 Councilmember Theis asked what motion type of vote was required on this issue. The City Attorney stated that this resolution would require a simple majority vote. Councilmember Theis stated that he will vote for the resolution but that he is not endorsing the change. The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka and the motion passed unanimously. RENEWAL OF PRIVATE KENNEL LICENSE FOR MARY ANN BOYER 5817 PEARSON DRIVE The City Manager stated that staff is recommending approval of the renewal of this private kennel license. Councilmember Lhotka inquired why the applicant had three dogs when the application was originally approved. Mayor Nyquist recognized Mr. Boyer who stated that he and his wife had the three dogs when they moved to Brooklyn Center. He noted that the oldest dog is between 12 and 13 years old. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve renewal of the private kennel license for Mary Ann Boyer, 5817 Pearson Drive. Councilmember Hawes asked the applicant why there had been a dog at large complaint listed in the police department. Mr. Boyer stated that one of the dogs had got out through the gate when his wife was mowing the yard. 9 -22 -86 _5_ Upon vote being taken on the foregoing motion, the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds. He noted this item was first read on August 25, 1986, published in the City's official newspaper on September 4, 1986, and is offered this evening for a second reading. He added that he is recommending the Council open the public hearing and then recess the public hearing until October 13, 1986 when the other Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds Pertaining to Natural Preserves can also have a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to recess the public hearing on An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds until the October 13, 1986 City Council meeting. The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances. He stated this item relates to proposed changes in the liquor ordinance and was first read on August 25, 1986, published in the City's official newspaper on September 4, 1986, and is offered this evening for a second reading. Councilmember Theis inquired if the City could just adopt the State law by reference as opposed to creating this entire ordinance. The City Manager stated that it would be difficult to deal with license holders because State statute is usually much harder to understand. He also added that the City can exceed the State statute for some requirements. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 11 of the City Ordinances. The motion passed unanimously. ORDINANCE NO. 86 -11 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds Pertaining to Natural Preserves, and noted this ordinance is offered for a first reading this evening. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds Pertaining to Natural Preserves, and to set the public hearing 9 -22 -86 -6- date on the ordinance for October 13, 1986 at 7:30 p.m. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86035 SUBMITTED BY PLAZA INVESTMENTS REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE AN EATING ESTABLISHMENT OFFERING LIVE ENTERTAINMENT IN THE RAMADA HOTEL AT 2200 FREEWAY BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its September 11, 1986 meeting. The Director of Planning & Inspection referred the Council to pages one and two of the September 11, 1986 Planning Commission meeting minutes, and the informational sheet attached with those minutes. He briefly reviewed the application and noted that the entertainment would be on an occasional basis and not a regular feature. He stated that a public dance license must be obtained and that this was contained in the one condition recommended by the Planning Commission. The Director of Planning & Inspection stated that a public hearing is scheduled for this evening and notices have been posted. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 86035 submitted by Plaza Investments requesting special use permit approval to operate an eating establishment offering live entertainment in the Ramada Hotel at 2200 Freeway Boulevard. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the ublic hearing. g. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 86035 submitted by Plaza Investments. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 86035 submitted by Plaza Investments requesting special use permit approval to operate an eating establishment offering live entertainment in the Ramada Hotel at 2200 Freeway Boulevard, subject to the following condition: 1. The permit is subject to all applicable codes, ordinances and regulations including the requirement for a public dance license, and _ any violation thereof shall be grounds for revocation. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 86036 SUBMITTED BY OSSEO SCHOOL DISTRICT REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT AN ADDITION FOR A GYMNASIUM AND STORAGE ROOMS TO THE NORTH SIDE OF WILLOW LANE SCHOOL AT 7020 PERRY AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its September 11, 1986 meeting. The Director of Planning & Inspection referred the Council to pages two through four of the September 11, 1986 Planning Commission minutes and the informational sheet attached with those minutes. He briefly reviewed the application and noted that most discussion 9 -22 -86 -7- centered around the site improvements for the landscaping, curb and gutter. He noted that the applicant has submitted revised landscaping plans, but does not feel that these revised plans are in compliance with the Planning Commission's recommendation. He went on to briefly review the eight conditions recommended by the Planning Commission. He noted that a public hearing has been scheduled for this evening and notices have been posted. Councilmember Lhotka asked if there was existing irrigation on the greenstrip area. The Director of Planning & Inspection stated that irrigation is usually installed for only commercial and industrial areas. Councilmember Hawes inquired why, in condition No. 6, the curb and gutter would only have to be provided around the newly established greenstrip areas. The Director of Planning & Inspection stated that no modifications were being made to the parking lot and that by installing curb and gutter around the greenstrips these areas would be protected. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86036 submitted by Osseo School District requesting site and building plan and special use permit approval to construct an addition for a gymnasium and storage rooms to the north side of Willow Lane School at 7020 Perry Avenue North. Mayor Nyquist recognized Jim Rydeen, the architect for the project, who briefly reviewed the landscaping plan and the potential safety hazards for smaller children as shrubs mature. He stated that he had misunderstood the Planning Commission's recommendation and, therefore, had not added any trees to the revised landscaping plan. Mayor Nyquist recognized Carole Blowers who stated that even though the greenstrip and landscaping would look quite attractive, what the school needed was a larger parking lot, not less parking stalls because of greenstrip and landscaping requirements. Mayor Nyquist asked if there was anyone else present at the meeting who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 86036 submitted by Osseo School District. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Planning Commission Application No. 86036 submitted by Osseo School District requesting site and building plan and special use permit approval to construct an addition for a gymnasium and storage rooms to the north side of Willow Lane school at 7020 Perry Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 9 -22 -86 -8- 3. A site performance agreement shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around the newly established greenstrip adjacent to Perry Avenue North. 7. The standards for a special use permit are deemed to be met by the virtue of the following: a) the proposed use enhances the public welfare. b) screening of the parking lot will improve the relationship of the school use to adjacent residences. c) there will be no adverse impact on development of adjacent parcels. d) the provision of greenstrip, boulevard, sidewalk, and defined access along Perry Avenue North will better control traffic movements into and out of the site. 8. The plans shall be modified to replace low -lying shrubs with deciduous trees in the greenstrip to be established on Perry Avenue and 25' sight triangles shall be maintained at the new parking lot entrances prior to the issuance of permits. The motion passed unanimously. RESOLUTION The City Manager presented a Resolution Authorizing the Purchase of Locking Two - Drawer File Cabinet. RESOLUTION NO. 86 -160 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A LOCKING TWO- DRAWER FILE CABINET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:17 p.m. and reconvened at 8:36 p.m. PUBLIC HEARING Mayor Nyquist reconvened the public hearing on the 1987 annual City Budget. 9 -22 -86 -9- The City Council reviewed the Fire Department Budget, Unit No. 32. Councilmember Hawes asked why there was an increase in duty pay at only one of the fire stations. The City Manager stated that there are men on duty at only one of the fire stations. Councilmember Theis inquired what the item titled Preplan Pay was for. The City Manager stated that the officers who update the fire department's preplan are paid for this service. Councilmember Theis inquired if there are features on the new fire pumper which are not necessary to extend the life of the equipment. The City Manager stated that the $145,000 represents the actual price of the pumper and that this piece of equipment does not have any of the extra features which add to the appearance of the equipment. He stated that the fire department uses outside funds and donations for any extra beautification features. Next, the Council reviewed the Planning & Inspection Department Budget, Unit No. 33. Councilmember Theis inquired what the office dividers would be used for. The City Manager stated that these dividers would be placed around the computer equipment to deaden the sound. Mayor Nyquist asked for more information on the personnel addition. The City Manager stated that the department head requested an addition in personnel from a three /quarter time position to the full -time position. He noted that this request was one of the last items that he cut from the budget. The Council reviewed the Emergency Preparedness Department Budget, Unit No. 34. Councilmember Theis asked why the appropriation in object No. 4382 has decreased since 1986. The Police Chief stated that repair for the civil defense sirens had been budgeted for in 1986. Councilmember Lhotka asked why the mobil phone system for the communications van had been cut. The City Manager stated that this item will be purchased out of the utility division and will be shared by both departments. The City Council went on to review the Animal Control Budget, Unit No. 35. Councilmember Theis inquired if it was possible to extend the life of the current vehicle by another year. The City Manager stated that this vehicle is driven by the code enforcement officers and is on constant patrol. He added that the engine has already been replaced once in this vehicle. Councilmember Lhotka inquired when the vehicle had been rebuilt. The City Manager stated that he believed it was one and a half to two years ago, and that the vehicle had approximately 50,000 miles on it at that time. Councilmember Lhotka expressed some concern in buying the same type of vehicle if the City has had to replace an engine after 50,000 miles. The City Manager stated that staff is looking into the possibility of purchasing a mini -van. The Police Chief stated that a mini -van would be more functional than a pickup. The Council proceeded to the Engineering Division Budget, Unit No. 41. Councilmember Theis inquired why an appropriation had been budgeted for unemployment compensation in this division. The Director of Public Works stated that the engineering department has a seasonal employee who works nine to ten months and, therefore, qualifies for unemployment compensation. There was a brief discussion regarding the appropriation for aerial photographs. The Director of Public Works stated that the City would be buying - prints from Hennepin County. Councilmember Lhotka inquired as to the increase in the dues 9 -22 -86 -10- and subscriptions appropriation. The Director of Public Works stated that the former City Engineer did not belong to the Minnesota Society of Professional Engineers, but that the current City Engineer does. He added that it is the City's policy to pay for these memberships. The Council then reviewed the Street Maintenance Budget No., Unit No. 42. Councilmember Theis inquired as to why there was no past history of funding for account Nos. 4220, 4375, and 4420. The Director of Public Works stated that the items within these accounts were originally placed under one account, that being account 4234. He briefly reviewed the actual expenditures from this account and stated that staff would prefer to use separate accounts for these items. Councilmember Lhotka asked for more information regarding the four vehicles being requested. The City Manager stated that the pickup truck being replaced has approximately 70,000 miles on it and that it would be rotated down to lesser uses. He added that the Council must decide whether they want to spend more money to repair an older vehicle or to replace the vehicle with a new one. He stated that the two dump trucks that are being replaced are at least ten years old and have undercarriage problems. He noted that the current crew cab vehicle has approximately 120,000 miles on it, and that it is used for pulling the patching equipment trailer. The City Council next reviewed the Vehicle Maintenance Division Budget, Unit No. 43. There were no questions or comments on this unit. The Council continued on to the Traffic Signals Budget, Unit No. 44. Councilmember Lhotka inquired who was responsible for the upkeep and service for traffic P affic signals. The City Manager stated that the City has a contract with Hennepin County for time and materials for these items. There were no questions or comments on the Street Lighting Budget, Unit No. 45. The Council reviewed the Weed Control Budget, Unit No. 46. Councilmember Lhotka asked if the administrative costs for weed control were also assessed to the property owners. The City Manager responded affirmatively. There were no questions or comments on the Health Regulation and Inspection Budget, Unit No. 51. The Council reviewed the Recreation and Parks Administration Budget, Unit No. 61. It was noted that this unit oversees the next four budget areas. The City Manager stated that the adult recreation programs recover the direct costs from their user fees. Councilmember Theis inquired if the City Manager had any information regarding the cost of lighting one softball field for one evening. The City Manager stated that as he recalls the cost of lighting the softball fields for one year was approximately $5,000. Councilmember Theis noted that he expected the bill to be higher. The Council proceeded to review the Adult Recreation Programs Budget, Unit No. 62. Mayor Nyquist inquired as to the increase in professional services. The City Manager stated that this increase reflects the increasing cost of paying officials. 9 -22 -86 -11- Mayor Nyquist recognized Anita Hanson, President of the Brooklyn Community Band, who stated that over half of the membership are residents of Brooklyn Center and Brooklyn Park. She stated that the members are willing to pay an annual or biannual fee to belong to the community band, and stated that the band is requesting the membership fee be considered the budget share for the band. Mayor Nyquist asked if there was any income from concerts outside of Brooklyn Center and Brooklyn Park. Ms. Hanson stated that generally the band asks for donations of $50 to $75 for concerts outside of Brooklyn Center and Brooklyn Park. She noted that the band plays many concerts at nursing homes and that in most cases these nursing homes cannot afford the $50 to $75 donation. Councilmember Lhotka asked what the fee was for the members. Ms Hanson stated that each person pays $15. Councilmember Lhotka asked what the current membership was in the band. Ms. Hanson stated that there are currently 45 members in the community band. Councilmember Theis asked what the actual increase would be. Ms. Hanson stated that the City would be asked to increase their appropriation by $500. Councilmember Theis asked if the band had explored the idea of sponsorship by area businesses. Ms. Hanson stated that the band feels most businesses in the area were being asked quite often for donations from other organizations, and that these businesses could be selective in who they supported. Councilmember Hawes stated that he greatly supports the band and that he feels the City spends money on things which are of less benefit than the band. Councilmember Theis inquired of Councilmember Hawes if he felt the $500 increase should be split between the band, the children's chorus, and the harmonettes or given just to the band. Councilmember Hawes stated that he felt the $500 increase should go just to the band. There were no questions or comments on the Teen Recreation Programs Budget, Unit No. 63. The Council reviewed the Children's Recreation Programs Budget, Unit No. 64. The City Manager noted that the band and harmonettes were the only groups asking for additional funding, and that the children's chorus had not made such a request. There were no questions or comments on the General Recreation Programs Budget, Unit No. 65. The Council then reviewed the Community Center Budget, Unit No. 66. Councilmember Theis asked why maintenance projects are budgeted along with the actual programs. The City Manager stated that this was the way the budget was originally set up so that the Council could see exactly how expensive the building was to run. Mayor Nyquist asked if there would be an increase in revenue for the community center. The City Manager stated that staff is not expecting an increase in revenue, but that the majority of costs are covered by the revenue. Mayor Nyquist inquired if it would be possible to charge nonresidents a higher fee. The Finance Director stated that a higher fee for nonresidents could be charged, but he felt the community center and its programs would lose many participants. Next, the Council reviewed the Parks Maintenance Budget, Unit No. 69. Councilmember Lhotka inquired regarding the four dumpsters in the budget. The City Manager stated that the City owns the dumpsters which are in each park, and 9 -22 -86 -12- that these four that are being requested would replace dumpsters which are beyond repair. The Council proceeded to review the Unallocated Departmental Expenses Budget, Unit No. 80. There were no questions or comments on this item. Mayor Nyquist briefly reviewed the areas in which the Council had questions or concerns in the budget, and asked if there was any further discussion necessary on these items. Mayor Nyquist added that if there was to be any discussion of the mediation project he would not be participating because of his close affiliation with the project. Councilmember Hawes stated that he would also withdraw from discussion because of his affiliation with the project, but added that he felt the organization is a real asset to Brooklyn Center and additional appropriations should be made. Mayor Pro tem Lhotka requested the City Manager to explain the funding for the domestic abuse program and the mediation project. The City Manager stated that $18,750 has been budgeted for the domestic abuse program, but the $10,000 request for the mediation project was cut. Mayor Pro tem Lhotka stated that he found it difficult to draw the line and set a dollar figure on the amount of funding the mediation project should receive. He noted that the mediation project will at some point be self reliant and that most of these other programs will never be that way. Councilmember Theis stated that he felt the Brooklyn Center mediation project should be budgeted for. Mayor Pro tem Lhotka asked if it would be feasible to fund the mediation project at a decreasing amount each year. Mayor Pro tem Lhotka recognized Barb Jensen who stated the County will match dollar for dollar up to $7,000 for the mediation project. She noted that because of the demand, the project will grow to serve other communities and not just Brooklyn Center. She added that over the years she believes this program will become a State wide program with funding from the State. There was a motion by Councilmember Theis and seconded by Councilmember Scott to increase the appropriation for the Brooklyn Center mediation project from $1,000 to $6,000. Mayor Pro tem Lhotka stated that he would like to see the decrease in the next year's budget and a dollar figure included in this motion. Councilmember Theis stated he felt it would be difficult to place a dollar figure on this appropriation. Councilmember Theis stated that he would like to amend his motion to read "motion to increase allocation to $6,000 with the intent that this allocation would drop as other communities become active and the Brooklyn Center mediation project becomes self- sufficient ". Councilmember Scott consented to this amended motion. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Mayor Pro tem Lhotka, Councilmembers Theis and Scott; and the following voted against the same: none, the motion passed. Mayor Nyquist and Councilmember Hawes abstained from the vote. Discussion continued regarding the appropriation request from the senior chorus 9 -22 -86 -13- and the community band. Councilmember Theis asked what percentage the City would be paying if they increased the appropriation. The City Manager stated that it would be 45% versus the current 33% payment. The City Manager noted that if the Council were to give every group that asks for additional funding money the budget would double in two years. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to leave the appropriations at the recommended levels for the senior chorus and the community band. The motion passed with Councilmember Hawes opposed. Mayor Nyquist suggested that the Council move on to the concerns and questions that were stated regarding the Elections and Voters Registration Budget. The City Manager briefly reviewed the memorandums which were prepared for this item and noted that the Council could cut $5,400 from the budget if they did not plan for any expenses for a primary election. Councilmember Theis stated that he would not be comfortable cutting funds for a mandated program. Mayor Nyquist noted that he was most concerned with the cost of the new voting equipment. The City Manager stated that the purchase of the optical scan units in the near future is very important. He noted that our present machines are reaching capacity and that once all levels were used on the machine the City would have to use paper ballots. He added that staff would recommend that the City have one off year to test and use these machines before the large presidential election. Councilmember Theis stated that he was in favor of the City purchasing the optical scan units. Councilmember Hawes inquired if there was only one manufacturer for the units. The City Manager stated that there are four or five companies which manufacture these type of units, but this is the approved company by the County. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the Elections and Voters Registration Budget as submitted. The motion passed with Councilmember Hawes opposed. Mayor Nyquist inquired if there were any further questions or comments regarding the Independent Audit Budget. There was a motion by Councilmember Theis and seconded by Councilmember Scott to decrease the appropriation for the Independent Audit Budget to $12,000. The motion passed unanimously. Mayor Nyquist stated that he would like to move on to review of the Legal Counsel Budget and the questions and concerns that were raised earlier. Councilmember Lhotka stated that he felt the main issue was the cost of the services. The City Attorney reviewed the information he had prepared on the billing rates from his office. He went on to explain the experience of the prosecutors and the length of time they worked for the City. He noted that the current setup does not appear to be working because there is not enough experience in the prosecutor's office. He added that he did not feel changing to another law firm for the prosecuting would change the continuity problem that the City is experiencing. Mayor Nyquist inquired if the City Attorney's office uses paralegal and law clerks to their fullest extent. The City Attorney stated that his office has three people which are not certified lawyers and there is no separate charge for the time spent by these people. He added that he does not 9 -22 -86 -14- have any figures on the use of law clerks. Councilmember Theis noted that he felt that the City would be spending the same amount of money whether they had one law firm or two law firms. The City Attorney added that he had requested additional funds because of the two additional police officers being added. The Director of Finance stated that in the Police Department Budget a typographical error had been found in the dues and subscriptions area, and that this budget should be increased by $1,000. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to increase the Police Department Budget, Unit No. 31, Object No. 4413 by $1,000. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to decrease the Unallocated Departmental Budget by $3,000 to reflect the change in the Independent Audit Budget. The motion passed unanimously. RESOLUTION NO. 86 -161 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1987 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -162 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1987 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The Brooklyn Center City Council recessed at 11:15 p.m. and reconvened at 11:17 p.m. RESOLUTION N0. 86 -163 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1987 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:21 p.m. — d C - City Clerk Mayor 9 -22 -86 -15-