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HomeMy WebLinkAbout1988 06-13 CCM Regular Session f 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 JUNE 13, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro tem Bill Hawes at 7:03 p.m. ROLL CALL Mayor Pro tem Bill Hawes, Councilmembers Gene Lhotka, Celia Scott, 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 Ron Batty, City Engineer Bo Spurrier, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Pro tem Hawes noted Mayor Nyquist would be absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Lhotka. OPEN FORUM Mayor Pro tem Hawes 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 Pro tem Hawes inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Lhotka requested items 91, 9p, and 9r be removed, and Mayor Pro tem Hawes requested 9j and 9k be removed from the consent agenda. MAYORAL APPOINTMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint Mr. Nicholas Eoloff to the Brooklyn Center Housing Commission. The motion passed unanimously. PERFORMANCE BOND REDUCTION - MAINSTREET DEPARTMENT STORE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reduce the performance guarantee for Mainstreet Department Store from $188,600 to $20,000. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -87 Member Gene Lhotka introduced the following resolution and moved its adoption: 6 -13 -88 -1- RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -88 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -89 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -90 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -C (COMMUNITY CENTER ROOFING IMPROVEMENT PROJECT NO. 1987 -05) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -91 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 06/13/88) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -92 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PETITION, RECEIVING ENGINEER'S REPORT, AND INCLUDING CONSTRUCTION OF CURB AND GUTTER ON 48TH AVENUE NORTH IN IMPROVEMENT PROJECT NO. 1988 -05, FRANCE AVENUE NORTH RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 6 -13 -88 -2- RESOLUTION NO. 88 -93 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH JOSLYN CORPORATION FOR CONSTRUCTION AND MAINTENANCE OF SANITARY SEWER LIFT STATION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -94 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING VOLUNTARY DEDICATION OF EASEMENTS TO THE CITY The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following list of licenses: AMUSEMENT DEVICE -_.OPERATOR K -Mart 5930 Earle Brown Drive COURTESY BENCH United States Bench Corp. 3300 Snelling Ave. FOOD ESTABLISHMENT Lynbrook Bowl, Inc. 6357 North Lilac Drive ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions Lions Park Brooklyn Center Park & Rec Dept. Central Park First Brookdale Bank 5620 Brooklyn Blvd. i First Brookdale Bank 5920 Brooklyn Blvd. MECHANICAL SYSTEMS Airco Heating & A/C Co. 4014 Central Ave. NE Guaranty Heating Co. 11741 Elm Creek Road Rouse Mechanical, Inc. 11348 K -Tel Drive SIGN HANGER F Crosstown Sign Company 10166 Central Ave. NE Poblocki & Sons, Inc. P. 0. Box 04665 TAXICAB Suburban Taxi Corp. 9614 Humboldt Ave. S. The motion passed unanimously. 'E 6 -13 -88 -3- 9 i APPROVAL OF MINUTES - MAY 23 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the minutes of the May 23, 1988, City Council meeting. The motion passed. Councilmember Lhotka abstained from the vote. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Don Krefting. RESOLUTION NO. 88 -95 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DON KREFTING The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Establishing Taxicab Rates of Fare. He noted the taxicab rates of fare have been modeled after the Minneapolis rates, and all licensed taxicab companies within Brooklyn Center have been notified of the proposed rates. RESOLUTION NO. 88 -96 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING TAXICAB RATES OF FARE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager noted staff is working with a number of other communities to set up a joint program for inspecting the taxicabs. The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Violet Lewandowski. RESOLUTION NO. 88 -97 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF VIOLET LEWANDOWSKI 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 Approving Plans and Specifications for the Improvement of I -694 within the Corporate Limits of the City of Brooklyn Center. The Director of Public Works noted this project initially started in 1987 and will be complete by the end of 1990. He added the total cost of the project will be between $35 million and $40 million. He noted the project extends from Brooklyn Boulevard in Brooklyn Center east to I -35W and in some 6 -13 -88 -4- E areas as far east as Rice Street. He briefly reviewed the new project area and noted this basically covers the improvements to the on and off ramps. He noted there will be incentive payments if the loops are completed early and penalties if the project runs over the deadline. He noted staff had a few concerns regarding some parts of the project, but after review they have found there are no suitable alternatives. He noted one area of concern was traffic would be detoured along 65th /66th Avenues North to Shingle Creek Parkway and added there is no other alternate route. He stated another concern was the noise from the pile driving. He noted MNDOT has stated it is impossible to delete the nighttime pile driving completely from the project, but they will try to hold it at a minimum. He went on to state even though MNDOT has done everything in its power to make this a smooth running project, he is sure there will still be some complaints regarding the detours and the noise, but these cannot be avoided. The Director of Public Works stated Glen Elise and Bob Kozel from MNDOT are present this evening to answer any questions the Council may have. Councilmember Lhotka inquired if the ramp improvements would be done individually or as a group. Mr. Kozel stated the ramps will be done on an individual basis. Councilmember Theis inquired the hours of the pile driving. Mr. Kozel stated the pile driving could possibly run from 7 p.m. to 5 a.m. Councilmember Theis inquired if the neighborhood would be notified of this and how MNDOT would accomplish the notification. Mr. Kozel stated it is his personal intent to notify the neighborhood of what to expect and when the pile driving is planned for. Councilmember Theis stated he would like to see the notification done in the form of a flyer drop. Councilmember Theis added he thought the City Council had approved the plans for this project before. The Director of Public Works stated the Council has previously approved the plans for this project, but each construction contract must be approved individually by the City Council. Councilmember Scott stated she and the other Councilmembers would very much appreciate it if MNDOT will notify the neighborhood of the pile driving activities because it does cut down on the number of calls they receive. RESOLUTION NO. 88 -98 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF I -694 WITHIN THE CORPORATE LIMITS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Section 11 -602, Subdivision 2A, of the Brooklyn Center Code of Ordinances, to Change the Percent of Revenue Derived from the Serving of Food for On -sale Wine Licenses. He noted this ordinance was first read on May 23, 1988, published in the City's official newspaper on June 2, 1988, and is offered this evening for a second reading. He added this ordinance amendment will bring the City's ordinance into conformance with the State Statutes. 6 -13 -88 -5- R i Mayor Pro tem Hawes opened the meeting for the purpose of a public hearing on An Ordinance Amending Section 11 -602, Subdivision 2A of the Brooklyn Center Code of Ordinances, to Change the Percent of Revenue Derived from the Serving of Food for On -sale Wine Licenses and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -09 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTION 11 -602, SUBDIVISION 2A, OF THE BROOKLYN CENTER CODE OF ORDINANCES, TO CHANGE THE PERCENT OF REVENUE DERIVED FROM THE SERVING OF FOOD FOR ON -SALE WINE LICENSES The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented An Ordinance Amending Section 11 -106 of the Brooklyn Center Code of Ordinances, Authorizing the Sale of Beer with an Alcohol Content in Excess of 3.2 Percent to Holders of both Wine and Beer Licenses. He noted this ordinance was first read on May 23, 1988, published in the City's official newspaper on June 2, 1988, and is offered this evening for a second reading. He added this ordinance amendment would bring the Brooklyn Center Ordinances into conformance with the State Statutes. Mayor Pro tem Hawes opened the meeting for the purpose of a public hearing on An Ordinance Amending Section 11 -106 of the Brooklyn Center Code of Ordinances, Authorizing the Sale of Beer with an Alcohol Content in Excess of 3.2 Percent to Holders of both Wine and Beer Licenses and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -10 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTION 11 -106 OF THE BROOKLYN CENTER CODE OF ORDINANCES, AUTHORIZING THE SALE OF BEER WITH AN ALCOHOL CONTENT IN EXCESS OF 3.2 PERCENT TO HOLDERS OF BOTH WINE AND BEER LICENSES The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 13 Relating to Parks and Recreation. He noted this ordinance was first read on May 9, 1988, published in the City's official newspaper on May 19, 1988, and is offered this evening for a second reading. He noted the Park & Recreation Commission has proposed new alternative language for Sections 13 -102 and 13 -108 relating to f curfew. 6 -13 -88 -6- Mayor Pro tem Hawes opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 13 Relating to Parks and Recreation and inquired if there was anyone present who wished to speak at the public hearing. Councilmember Theis inquired how this revision would affect the use of parks and trails. The City Manager noted the revision would allow people to use the parks one -half hour before sunrise or 6 a.m. whichever is earlier. Mayor Pro tem Hawes recognized Bud Sorenson from the Park and Recreation Commission. Mr. Sorenson stated he would like to speak as a citizen of Brooklyn Center not on behalf of the Park and Recreation Commission. He noted he would like to see the parks and trails open to people who work the second and third shifts. He stated he and other members of the Park and Recreation Commission felt this was a good compromise since the Council did not approve the other proposed amendments. The Personnel Coordinator pointed out Section 13 -108 had to do with the posting of signs and handbills. She noted this proposed amendment would allow the City to post signs and handbills in the parks pertaining to City activities. Mayor Pro tem Hawes inquired if there was anyone else present who wished to speak at the public hearing. There being none, 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. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the ordinance with the noted amendments for a second reading. The motion passed unanimously. ORDINANCE NO. 88 -11 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 13 RELATING TO PARKS AND RECREATION The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances Regarding the Size of Home Occupation Signs. He noted this ordinance was first read on May 9, 1988, published in the City's official newspaper on May 19, 1988, and is offered this evening for a second reading. Mayor Pro tem Hawes opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 34 of the City Ordinances Regarding the Size of Home Occupation Signs and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -12 Member Gene Lhotka introduced the following ordinance and moved its adoption: 6 -13 -88 -7- a a j r AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING THE SIZE OF HOME OCCUPATION SIGNS The motion for the adoption of the foregoing ordinance was duly seconded by f member Celia Scott, and the motion passed unanimously. f The City Manager presented An Ordinance Amending Chapter 11 Relating to Hours of Operation for a Bottle Club. He noted the City does not currently have any bottle clubs licensed, but the ordinance is in place. He added this amendment would bring our ordinances into conformance with the State Statutes. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 11 Relating to Hours of Operation for a Bottle Club and setting a public hearing date for July 11, 1988, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 25 Changing the Name of County State Aid Highway No. 10 between T.H. 100 and Brooklyn Boulevard to Bass Lake Road. He noted this ordinance was first read on October 26, 1987, published in the City's official newspaper on November 5, 1987, and the second reading and public hearing was held on November 23, 1987. He stated following the public hearing, the City Council tabled action on the ordinance to allow an informational meeting to be held with interested persons. He added that meeting was held on May 16, 1988. The Director of Public Works noted at the public hearing on November 23, 1987, the City Council stated it did not wish to rename the sections of road east of T.H. 100 or west of Brooklyn Boulevard. The Council did, however, agree to the renaming of the middle section. The Director of Public Works added the Council tabled action on the item to allow an informational meeting to be held with interested persons. He noted an informational meeting was held on May 16, 1988, and staff has not received any adverse comments other than the letter from Health One. He stated the legal department of Health One has sent a letter to the City noting that although Health One will not oppose the name change, it would like the City to accept this letter as Health Ones' written notice of dissatisfaction with the proposal. It was noted there would be a substantial cost to Health One for the cost for state regulatory filings, new business supplies, a new sign, and notifications to businesses. The Director of Public Works noted the post office has stated it will cooperate and deliver mail addressed to Health One at 57th Avenue North if the name is changed to Bass Lake Road, but there is no way of guaranteeing how long this will continue. He added if it is the Council's wish to deny the name change Hennepin County should be asked to remove its sign at the intersection of Brooklyn Boulevard and County Road 10 because it does note the street name as Bass Lake Road. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to deny An Ordinance Amending Chapter 25 Changing the Name of County State Aid Highway No. 10 between T.H. 100 and Brooklyn Boulevard to Bass Lake Road. The motion passed unanimously. 6 -13 -88 -8- DISCUSSION ITEMS REQUEST BY FIRE RELIEF ASSOCIATION FOR CHANGES TO BENEFIT PLAN The Finance Director noted that he has worked with the association and the actuary for approximately one year on these proposed changes. He added he feels these changes are significant enough to require some detailed explanation. He noted the City Council last increased the association benefits effective January 1, 1985, and the Fire Relief Association is requesting these proposed changes become effective July 1, 1988. He went on to explain some of the areas of change and noted they include a 10% increase for inactive members, monthly benefit level per year of service increased from $15 to $22.50, increased lump sum benefits, maximum service credit increased from 25 to 30 years, members choice for post- retirement benefits, and providing benefits to designated beneficiaries of unmarried active members. He went on to review the current benefits plan. The Finance Director then reviewed the benefits plan with the proposed changes. He noted Jim McClure and Jay Hruska from the Fire Relief Association and Vicky Slomiany representing the Wyatt Company are present this evening. The Finance Director noted the proposed benefits plan has been submitted to the City Attorney's office for its review and comment, and if the Council agrees with the proposed benefits plan the appropriate action this evening would be to direct the association to amend the bylaws. Mr. McClure stated many retirement benefit plans which are being used by area fire departments currently are being used to draw people into their organization. He explained Brooklyn Center has a more traditional volunteer organization where all benefits are received at the time of, or after, retirement. Councilmember Scott inquired if the proposed changes were approved, does he foresee more people taking a lump sum at retirement versus the monthly annuity. Mr. McClure stated that would be hard to predict, but he believes it could still be more beneficial to take a monthly annuity. Mr. McClure noted the monthly benefit level of $22.50 is the maximum allowed by the State of Minnesota. Councilmember Lhotka inquired if in 1985 when the changes were made was the monthly benefit level increased to the State maximum. Mr. 'McClure responded negatively. Councilmember Theis stated he had some concerns with keeping people on the fire department for 30 years who can no longer perform the necessary duties. Mr. McClure stated there are annual tests which each fireman must complete along with maintaining the firecall percentages and attending meetings. A brief discussion then ensued regarding the pros and cons of increasing the maximum service credit from 25 to 30 years. The Finance Director noted an actuarial valuation of the current and proposed plans was completed and briefly explained the findings. He noted there would be an increase from $59,328 to $105,421. A lengthy discussion then ensued relative to the large increase in the benefits plan. Councilmember Theis raised some concerns regarding the survivors benefits and whether each member and /or survivor was being treated equally. Ms. Slominany addressed Councilmember Theis' concerns regarding survivors benefits' and went on to review the analysis of change in cost of plan transparency. 6 -13 -88 -9- 3 k Councilmember Scott stated she feels the residents of Brooklyn Center are getting a good deal for their money because she is sure many of the surrounding communities which pay their firemen for firecalls are receiving much more than the $22.50 per month. She added she would like staff to survey the surrounding communities and find out what the average monthly wage is for their fire department members. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka directing the association to amend its bylaws to provide for the changes to the plan and submit the amendments to the City Council for approval. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:22 p.m. and reconvened at 9:34 p.m. SALE OF PULL -TABS AT DUDLEY TOURNAMENT The City Manager stated the Lions Club has asked for City Council authorization to allow it to sell pull -tabs at the Dudley Tournament on Saturday, June 18, 1988. He noted the State allows one 12 hour per year off -site sale. He noted the State allows for only one day, and the 12 hours must be continuous. He stated the Finance Director has checked with the insurance company, and they have stated though they were not pleased with the idea of this type of sale taking place it would be covered under our current policies. The City Manager stated this is basically a policy question for the City Council. Councilmember Scott inquired where the pull -tabs would be sold. Mr. Bob Spies of the Brooklyn Center Lions Club stated the Lions Club would have a booth close to the beer tent and the pull -tabs would only be sold from the booth. Councilmember Theis inquired if any provisions have been made for the litter cleanup. Mr. Spies stated there would be large barrels near the booth for people to deposit their used pull -tabs in, but a problem could arise when pull- tab purchasers take them back to their seats and do not dispose of them properly. Councilmember Lhotka stated he feels the sale of pull -tabs at this type of function is inappropriate. He stated if the Council is desirous of approving this sale, he feels they should check with the sponsoring agency. The City Manager stated the Minnesota Recreation and Park Association used to sponsor the Dudley Tournament, but approximately two years ago they dropped out of sponsoring and the City of Brooklyn Center and the Crime Prevention Fund are now the sponsors of the Dudley Tournament. He added he has talked to Mr. Mavis regarding the sale of pull -tabs, and Mr. Mavis' only concern was that the sale of pull -tabs may detract from the amount of beer sales. Councilmember Lhotka stated the Lions Club already has a permit to sell in two or three locations, and he does not know what more the Lions Club need. Mr. Spies stated the Lions Club does not need anything, and all profits are turned back to helping the City and community. Councilmember Theis inquired if the Lions Club would have a problem if the Council were to suggest that all profits go to the Crime Prevention Fund for this year to make up for the loss of beer sales. Mr. Spies stated he could not speak for the total Lions Club, but he personally felt it would be a good idea. He added that he could not commit to this suggestion at 6 -13 -88 -10- this time. Councilmember Lhotka inquired how much money is taken in at the bowling alley locations each month. Mr. Spies stated approximately $8,000 a month is taken in during the bowling season. He added he believes the Lions ` Club would make approximately $2,000 off the Dudley Tournament sales. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the 12 hour sale of pull -tabs at the Dudley Tournament on a trial basis for the year 1988 and to waive the 30 day waiting period. Councilmember Lhotka stated he would like to amend the motion and to direct staff to review the past resolution pertaining to the other sale locations to make sure there would be no conflicts in approving this permit. Councilmember Theis and Councilmember Scott agreed to this amendment. Upon vote being taken on the foregoing motion and amendment, the motion passed with Councilmember Lhotka opposed. PROGRESS UPDATE -- REFUSE AND RECYCLING PROGRAM The City Manager stated basically what is needed this evening is an affirmation of the motion stating the consortium method as the Cit Council's first choice and the bidding method as the City's second choice. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott reaffirming the Council's choices as the consortium method and the bidding method. The motion passed unanimously. NUISANCE ORDINANCE AMENDMENTS The City Manager noted the Council received rough drafts of proposed amendments to the nuisance ordinance and noted they were a discussion item this evening, but if the Council so wished they could be given a first reading also this evening. The Director of Planning and Inspection briefly went on to explain the amendments to each ordinance and noted staff is not recommending any type of grandfather clause. The Finance Director left the meeting at 10:08 p.m. The City Manager noted there would be a phase -in time allowing people a set amount of time to rectify the situation. Councilmember Theis stated he could not support some of the proposed amendments. Councilmember Lhotka stated he hopes the Council will not approve these ordinance amendments for a first reading tonight because he would like additional time to review the amendments. Councilmember Scott added she does not want to make a hurried decision on this matter either. There was a general consensus among Councilmembers that this item should be placed on the next City Council agenda as a discussion item. Councilmember Theis stated he would also like to see some examples of the more sensitive issues which the Council may be facing if these amendments are approved. DISCUSSION OF WATER USAGE AND WATER RESTRICTIONS The Director of Public Works stated the water use restrictions have been in effect since May 24, 1988. He noted the City -wide ban is on lawn and garden { 6 -13 -88 -11- a k 'i E sprinkling between the hours of 3 p.m. and 9 p.m. and will stay in effect until further notice. He stated the decision was made because of the high daily I consumption which occurred on May 23, 1988, but also because of the extended peak consumption rate which occurred for a six hour period on that afternoon. He noted that peak usage resulted in lowering the City's retained storage to one million gallons which is the minimum the City has established to assure the availability of water in the event of a major fire. He went on to review the j chart from the supervisory control and data acquisition ( SCADA) system. He noted these charts show the usage as well as the pumping and storage capabilities. i The Director of Public Works stated on June 4, 1988, a water main leak occurred in the 24 inch water main which crosses under I -694 near Dupont Avenue North. He stated on June 7, 1988, the area was excavated and the leak was located approximately ten feet beyond the end of the casing pipe which extends under I- 694. He noted if the leak had been under the freeway, it would have taken two to three weeks to repair. The water main leak was repaired, and the main was operating properly by the afternoon of June 8. The Director of Public Works noted several cities have much more severe restrictions than the City of Brooklyn Center. He added that up to this point all wells and towers have been operating efficiently, and the water department has been able to remain using the same chemical treatment as usual. He went on to briefly review the two options that have been considered a long term plan for the system improvements. He noted these options would be considered at a later date. Councilmember Lhotka stated he was concerned with the notification process used by the City, and he believes a better way should be found of notifying the residents. The Director of Public Works stated his office has records of the notification which was sent to the newspapers and other news media but added just because the City notifies the news media, does not insure they will publish the information or publish it correctly. Councilmember Theis inquired if there were any other cities with the same SCADA system who are currently using the odd /even water restriction. The Director of Public Works stated he is not sure there are any other systems similar to Brooklyn Center. He noted in 1987 the City did try the odd /even system but found this did not show a negligible difference. Councilmember Theis stated he would like staff to look into how the odd /even system would work for Brooklyn Center and compare it to other cities. The Director of Public Works stated he would contact some other cities to try and find one that is using a SCADA system similar to Brooklyn Center. RESOLUTIONS (CONTINUED) The City Manager noted the following resolutions all relate to the France Avenue and Logan Avenue area improvements. He presented a Resolution Establishing Parking Restrictions on S.A.P. 109 - 106 -02, Logan Avenue and Lilac Drive from 57th Avenue to 59th Avenue in the City of Brooklyn Center, Minnesota. Councilmember Lhotka inquired if the street was going to be any narrower after the improvement than it is today. The City Engineer stated the streets would remain the same width, but parking would not be allowed on both sides because 6 -13 -88 -12- . State Aid Standards do not accommodate parking. RESOLUTION NO. 88 -99 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON S.A.P. 109 - 106 -02, LOGAN AVENUE AND LILAC DRIVE FROM 57TH AVENUE TO 59TH AVENUE IN THE CITY OF BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution 'Establishing Parking Restrictions on S.A.P. 109 - 105 -01, France Avenue from the South City Limits to 50th Avenue in the City of Brooklyn Center, Minnesota. RESOLUTION NO. 88 -100 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON S.A.P. 109 - 105 -01, FRANCE AVENUE FROM THE SOUTH CITY LIMITS TO 50TH AVENUE IN THE CITY OF BROOKLYN CENTER, MINNESOTA 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 Establishing Parking Restrictions on S.A.P. 109- 104 -01, 50th Avenue from France Avenue to T.H. 100 in the City of Brooklyn Center, Minnesota. RESOLUTION NO. 88 -101 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON S.A.P. 109 - 104 -01, 50TH AVENUE j FROM FRANCE AVENUE TO T.H. 100 IN THE CITY OF BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager noted no formal agreement has been reached with J & M Talmage relating to parking. The Director of Public Works stated he feels there is a good chance an agreement will still be reached regarding this item. He noted if the Council agrees with the staff's actions, they will continue on the same course and update the Council at a later date. There was a motion by Councilmember Scott and seconded by Councilmember Theis to give conceptual approval to the agreement with J & M Talmage and to table the item. The motion passed. Councilmember Theis abstained from the vote. j The City Manager presented a Resolution Approving Appraisals and Amounts of Settlement for Easements Required for Contract 1988 -H (France Avenue Area Improvements and Logan Avenue Area Improvements). Councilmember Lhotka inquired 6 -13 -88 -13- r what types of easements these were and where they were located. The Director of Public Works stated the majority of the easements are construction easements. Councilmember Lhotka stated he would like to be able to see where the easements are if the City is going to spend money on them. The City Engineer briefly explained where a few of the easements were located. Councilmember Lhotka stated in the future he would like this information included with the other agenda material. The Director of Public Works stated he would have the information compiled and sent to the Councilmembers. RESOLUTION NO. 88 -102 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING APPRAISALS AND AMOUNTS OF SETTLEMENT FOR EASEMENTS REQUIRED FOR CONTRACT 1988 -H (FRANCE AVENUE AREA IMPROVEMENTS AND LOGAN AVENUE AREA IMPROVEMENTS) 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 Bid and Approving Contract 1988 -H, for Logan Avenue North Reconstruction, Improvement Project No. 1988 -04; France Avenue North Reconstruction, Improvement Project No. 1988 -05; Lakebreeze Avenue Reconstruction and Lift Station, Improvement Project No. 1988 -06; and 50th Avenue North Reconstruction, Improvement Project No. 1988 -07. RESOLUTION NO. 88 -103 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1988 -H, FOR LOGAN AVENUE NORTH RECONSTRUCTION, IMPROVEMENT PROJECT NO. 1988 -04; FRANCE AVENUE NORTH RECONSTRUCTION, IMPROVEMENT PROJECT NO. 1988 -05; LAKEBREEZE AVENUE RECONSTRUCTION AND LIFT STATION, IMPROVEMENT PROJECT NO. 1988 -06; AND 50TH AVENUE NORTH RECONSTRUCTION, IMPROVEMENT PROJECT NO. 1988 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:13 p.m. City Clerk Mayo 6 -13 -88 -14-