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HomeMy WebLinkAbout1988 06-27 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 JUNE 27,. 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 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, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION Mayor Nyquist noted members of the Brooklyn Center Prayer Breakfast Committee had volunteered to give the invocation at the Council meetings this year. The invocation was offered by Dr. Dennis Morrow. OPEN FORUM Mayor Nyquist recognized Mike Kaulfuss of the Brooklyn Center Police Department. Mr. Kaulfuss stated he would like to thank the Mayor for writing the editorial for the Brooklyn Center Post in response to a past editorial. He stated the police union contract is nearing arbitration, and he would like to leave some information for the Councilmembers this evening. Mayor Nyquist then recognized Dave Adams, 2901 Nash Road. He inquired if Minnegasco would be repairing the road which was dug up during the winter. The Director of Public Works stated Minnegasco did a number of street cuts during the winter and will soon be awarding the contract for removal of the temporary patches and repairing of the street. Mr. Adams inquired if the City Council was \ aware of the fact that the Public Works Department has not signed a contract for 1988 yet. The City Manager stated the Council is aware of this, and the contract is in mediation at this time. Mr. Adams stated he felt this contract should be settled soon since it is the middle of 1988 already. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Hawes requested items 7c and 7d be removed, and Councilmember Lhotka requested item 7g be removed from the consent agenda. RESOLUTIONS RESOLUTION NO. 88 -104 Member Bill Hawes introduced the following resolution and moved its adoption: 6 -27 -88 -1- RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1988 -09 (RECONDITIONING WELL NO. 8) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -105 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 06/27/88) 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 Hawes and seconded by Councilmember Theis to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Brookdale East Cinema 5801 John Martin Dr. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Chuck Wagon Inn 5720 Morgan Ave. N. Davanni's 5937 Summit Drive Days Inn 1501 Freeway Boulevard Earle Brown Bowl 6445 James Circle Green Mill Inn, Inc. 5540 Brooklyn Blvd. Ground Round, Inc. 2545 County Road 10 Holiday Inn 2200 Freeway Boulevard Lynbrook Bowl 6357 North Lilac Drive Metropolitan Transit Commission 6845 Shingle Creek Pkwy. Snyder Brothers Drug 1296 Brookdale Center T. Wright's 5800 Shingle Creek Pkwy. U.A. Movies at Brookdale 5810 Shingle Creek Pkwy. AMUSEMENT DEVICES - VENDOR American Amusement Arcades 850 Decatur Avenue Theisen Vending Co. 3804 Nicollet Ave. N. FOOD ESTABLISHMENT Denny's Restaurant 3901 Lakebreeze Ave. N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Parks & Rec Dept. Central Park MECHANICAL SYSTEMS Cronstrom's Heating & A/C 4410 Excelsior Blvd. Green Mechanical, Inc. 8811 E. Research Ctr. Rd. Fred Vogt & Co. 3260 Gorham Avenue RENTAL DWELLINGS Initial: 6 -27 -88 -2- Fatih Bey 3617 Admiral Lane Keith L. Nordby 5960 Brooklyn Blvd. Brian & Dorothy Follese 6933 Brooklyn Blvd. John C. Meyers 1133 63rd Lane North Renewal: Dave or Mary Huang 6400 Girard Ave. N. Martha Lahti 5316 Knox Ave. N. Martha Lahti 5322 Knox Ave. N. J. G. Strand 5329 Penn Ave. N. ROI Properties, Inc. 7109 -7113 Unity Ave. N. Richard & Sharon Krawiecki 5209 Xerxes Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. Tracy Rice 5836 Xerxes Ave, N. TAXICAB Suburban Taxi Corporation 9614 Humboldt Ave. S. The motion passed unanimously. APPROVAL OF MINUTES - JUNE 13 1988 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the June 13, 1988, City Council meeting. The motion passed unanimously. Mayor Nyquist abstained from the vote. _RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Appropriating Funds and Approving Payment for Emergency Repairs of Air Conditioning System for Civic Center. RESOLUTION NO. 88 -106 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FUNDS AND APPROVING PAYMENT FOR EMERGENCY REPAIRS OF AIR CONDITIONING SYSTEM FOR CIVIC CENTER 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 Accepting Work Performed under Improvement Project No. 1987 -24 (Reconditioning Well No. 6). Councilmember Hawes stated he believed there were two dollar amounts in the resolution which needed to be changed. He noted on the first page item No. 3, the total amount for the contract should be $13,431. He stated on the second page of the resolution item No. 8, the total amount of the contract should be $5,487. The Director of Public Works agreed with these changes. RESOLUTION NO. 88 -107 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1987 -24 (RECONDITIONING WELL N0, 6) 6 -27 -88 -3- 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 Accepting Work Performed under Improvement Project No. 1988 -08 (Installation of Pressure Tanks at Wells No. 2, 4, 5, 7, and 8). RESOLUTION NO. 88 -108 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1988 -08 (INSTALLATION OF PRESSURE TANKS AT WELLS NO. 2, 4, 5, 7, AND 8) 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 Accepting Proposal for Noise Reduction on the H.V.A.C. System in City Council Chambers, Improvement Project No. 1988- 12. Councilmember Lhotka stated he did not understand how staff came up with a 90% reduction in the noise level. The Director of Public Works went on to explain how noise levels are measured in decibels and how the 90% reduction was reached. RESOLUTION NO. 88 -109 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR NOISE REDUCTION ON THE H.V.A.C. SYSTEM IN CITY COUNCIL CHAMBERS, IMPROVEMENT PROJECT NO. 1988 -12 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 the next two resolutions raise some questions which he feels the City Council should address. He noted the two resolutions are acknowledging gifts, one from the Brooklyn Center Lions Club and one from the Brooklyn Center American Legion Post. He stated the City is the regulatory body for these two organizations and inquired if the Council feels accepting these gifts compromises the City's position if a disciplinary action is required. The City Manager added the City did not ask these organizations for the gifts; the organizations heard of the City's need and sent the money. Councilmember Theis inquired of the Finance Director what the City's annual budget was. The Director of Finance stated it was approximately $10 million. Councilmember Theis stated he does not feel these small dollar gifts would affect the way he would make decisions regarding disciplinary actions for these or other organizations. Mayor Nyquist inquired where Councilmember Theis would draw the line. Councilmember Theis stated that is a difficult question to answer because when looking at dollar amounts there is a definite gray area, but he is sure at some point there would be a definite black area for drawing the line. 6 -27 -88 -4- Councilmember Lhotka stated he does not have a problem accepting these gifts from the organizations, but if it does become a problem for staff or the auditors there are plenty of organizations such as CEAP, and the Mediation Project which could be suggested to these organizations. Councilmember Scott stated she does not see a problem with accepting these gifts unless the City is soliciting the funds from the organizations. Councilmember Hawes stated he would prefer to see the donations go to other more needy organizations. RESOLUTION NO. 88 -110 Member Celia Scott 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 Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -111 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM BROOKLYN CENTER AMERICAN LEGION POST NO. 630 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Councilmember Lhotka stated he would like to see this issue come back before the Council as a discussion item at a later date. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 Regarding the Parking Requirements for Places of Public Assembly. He noted this item was reviewed by the Planning Commission and is recommended for a first reading this evening. Councilmember Scott inquired if the Director of Planning and Inspection was comfortable with the proposed parking formula. The Director of Planning and Inspection responded affirmatively and noted this proposed change would only affect the parking requirement for places-of assembly within a retail shopping center complex, but it would not affect freestanding theatres or churches. The City Manager noted the City has had flyovers at the different shopping centers during the busy Christmas season, and it appears this will not be a problem at Brookdale Square. Councilmember Lhotka stated he did not understand why this amendment is being looked at individually instead of with a Planning Commission item or under the review of other areas of Chapter 35. Councilmember Theis inquired if this amendment would affect the amount of building density on a site. The Director of Planning and Inspection responded affirmatively. The EDA Coordinator entered the meeting at 7:40 p.m. The Director of Public Works stated when Short - Elliott- Hendrickson completed the traffic study for this area, he believes they may have comprehended a much more dense development in the Brookdale Square area. He is sure with the changes to the parking lot and entrances the surrounding streets would be able to handle more traffic. Councilmember Theis stated he would like this item to come back 6 -27 -88 -5- before the Council for more review. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 Regarding the Parking Requirement for Places of Public Assembly and setting a public hearing date for July 25, 1988, at 7:30 p.m. The motion passed with Councilmembers Lhotka and Theis opposed. The City Manager presented An Ordinance Amending Chapter 6 of the City Ordinances Regarding Administrative Code. He noted this item covers primarily housekeeping changes and is offered this evening for a first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 6 of the City Ordinances Regarding Administrative Code and setting a public hearing date for July 25, 1988, at 7:30 p.m. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88004 SUBMITTED BY STEVE AND DEBRA HOUGTON REQUESTING SPECIAL USE PERMIT APPROVAL FOR A CARPET CLEANING SERVICE IN THE RESIDENCE AT 2818 MUMFORD ROAD The City Manager noted this item was recommended for approval by the Planning Commission at its June 16, 1988, meeting. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of June 16, 1988, pages one and two. He explained the reason a special use permit is needed is because there will be a nonresident employee on the premises to answer the telephone. He went on to briefly review the conditions recommended by the Planning Commission. Mayor Nyquist noted that since the three vans are not commercial vehicles they could legally park on the premises. The Director of Planning and Inspection agreed that was true but noted the applicant has agreed to off -site parking for security reasons. He noted the applicant intends to send the vans home with each worker. He added, however, it could be possible at some point a vehicle would be parked on the premises. There was some discussion relative to making a seventh condition so that these vehicles cannot be parked on the premises. Councilmember Lhotka inquired if the Fire Department has inspected the premises because of the chemicals. The Director of Planning and Inspection noted the Fire Department has not been in for an inspection but it could be done if the Council so wished. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88004 submitted by Steve and Debra Hougton requesting special use permit approval for a carpet cleaning service in the residence at 2818 Mumford Road. A resident noted his property abuts the applicants and he is very concerned with the ossibilit of having three ree or four Y g r lar g e vehicles parked on these premises. Mayor Nyquist recognized Steve Hougton, the applicant, who stated since the Planning Commission meeting he has had his j driveway enlarged so if it is necessary for a vehicle to be on the premises it will not be on the street but on an improved area. He went on to explain that generally the trucks are assigned to each driver and they go home with the I 6 -27 -88 -6- I I . driver. He noted there would be no cleaning of carpets within the residence at 2818 Mumford Road and noted they do not use any type of acids in the cleaning of their carpeting, only powders and scotch guard. Councilmember Theis inquired if there would be any way the City could classify the vehicles so they cannot be claimed as a personal vehicle. Councilmember Lhotka inquired if a condition could be added allowing only one vehicle which is used in the business on the premises. Councilmember Theis pointed out if at some point the business was doing poorly Mr. Hougton could have more of the vehicles on his premise and claim them as personal vehicles not business vehicles. The City Attorney noted the condition could be worded "any vehicle that has been or is being used for the purpose of this business." Mayor Nyquist inquired if there was anyone else 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 Hawes and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 88004. The motion passed unanimously. A brief discussion then ensued relative to additional conditions. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Planning Commission Application No. 88004 subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations, and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant and is nontransferable. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 4. Special use permit approval acknowledges the employment on the premises of not more than one nonresident employee. 5. The premises shall be inspected and improved in accordance with the requirements set forth by the Building Official with respect to the home occupation office space prior to the issuance of the special use permit. 6. No more than one commercial vehicle, consistent with the limitations imposed by City Ordinances, may be kept on the property. 7. Only one vehicle which has been or is being used in the home occupation business may be parked in the driveway. 6 -27 -88 -7- 8. The applicant shall provide a fire extinguisher in the area of the home occupation. 9. The Fire Chief shall review the chemicals associated with the home occupation that are stored on the site or in a vehicle to assure proper storage and handling. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 88005 SUBMITTED BY BERNARD HERMAN ARCHITECTS REQUESTING SITE AND BUILDING PLAN APPROVAL FOR AN ADDITION TO THE OFFICE BUILDING LOCATED AT 1915 57TH AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its June 16, 1988, meeting. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of June 16, 1988, pages three and four. He went on to explain the application and noted the project consists of two parts; a solarium addition and construction of wall partitions within the building. He added the solarium addition will not have full -time people working in it but will be used as an employee lunch room and meeting room. Mayor Nyquist recognized Mr. Bernard Herman, of Bernard Herman Architects, who explained he is still somewhat confused regarding the utility and trailway easements. He stated he was not sure if the total amount of easements were 15 feet from the property line or if the five foot trailway easement was included within the utility easement. The Director of Public Works stated he believed the utility and sidewalk easement overlap. A brief discussion then ensued regarding the easements, and the City Manager pointed out if there is some confusion regarding these easements, the item should be tabled. Mayor Nyquist then recognized Mr. Milavitz, the owner of the building. Mr. Milavitz stated he did not feel it was proper to delay the use of his building because of questions over utility and trailway easements. He added he felt it was extremely unfair to hold up use because of these easements. He stated it appears he has two options open, one of those being legal action. Mayor Nyquist inquired if Mr. Milavitz had any problems granting the City the easement. Mr. Milavitz stated if the easement does not interfere with the use of his property, he would be more than happy to grant the easement, but if it does interfere with the use of his property, he does not want to grant the easement. Councilmember Theis made a motion to table Planning Commission Application No. 88005 until all easement questions are clarified. Councilmember Lhotka seconded the motion for purposes of a discussion. I ;I Councilmember Lhotka inquired if there would be any documentation available in the Director of Public Works' or City Engineer's office to answer the applicant's questions this evening. The Director of Public Works stated it would not be possible to come to a conclusion on this issue without knowing all the facts. He pointed out the City Engineer has been working on this, and he is not present this evening. Councilmember Lhotka inquired of the City Attorney if 6 -27 -88 I the Council is correct in taking this tabling action. The City Attorney stated he does not fully understand what the granting of an easement has to do with approval of a site plan. He inquired of the Director of Planning and Inspection if these easements were currently in place. The Director of Planning and Inspection responded negatively and stated the City is seeking the easement now because of street improvements in the area. He noted the City is willing to compensate the applicant for the easement. Mr. Herman inquired if the solarium was not going to be built and only basic remodeling was being done within the building, would there be a need to appear before the Planning Commission or_the City Council for approval. The Director of Planning and Inspection stated the only thing that would be required is that a building permit be taken for the remodeling inside. He pointed out that the easement question is not stopping Mr. Malivetz' business from moving in. Councilmember Scott stated she felt the whole easement issue is quite clear, and that Mr. Herman was the only person that was truly confused. Mayor Nyquist called for a vote on the aforementioned motion regarding tabling of Planning Commission Application No. 88005. The motion passed with Councilmembers Scott and Hawes opposed. PLANNING COMMISSION APPLICATION NO 88006 SUBMITTED BY ROBERT REGAN REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL FOR AN ADDITION TO THE OSSEO BROOKLYN BUS COMPANY GARAGE AT 4435 68TH AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its June 16, 1988, meeting. The Director of Planning and Inspection referred the Council to pages four through six of the June 16, 1988, Planning Commission minutes and the attached information sheet. He noted the bus garage is a special use within the C2 zoning district. .- He went on to briefly explain the application and noted a special use permit and permanent improvements to the site would be required to allow for storage of the overflow cars from the car dealerships on Brooklyn Boulevard. He added a public hearing has been scheduled for this evening and notices have been sent. He briefly reviewed the 12 conditions recommended for this application. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88006 submitted by Robert Regan requesting site and building plan and special use permit approval for an addition to the Osseo Brooklyn Bus Company garage at 4435 68th Avenue North. He inquired if there was anyone present who wished to speak at the public hearing. No requested to P p one re g q 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. 88006. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Planning Commission Application No. 88006 subject to the following conditions: 6 -27 -88 -9- 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. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) 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. S. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter S of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The plans shall be modified prior to consideration by the City Council to indicate a parking delineator (B612 curb and gutter) at the east end of the row of parking along the north side of the lot (in the newly paved area). 10. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 11. Parking of cars on the north portion of the property by off -site auto dealerships is strictly prohibited unless and until a separate special use permit is granted for such use. 12. The conveyance of additional runoff from the expanded parking lot to the I -694 right of way is subject to approval by MNDOT. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9 p.m. and reconvened at 9:21.p.m. DISCUSSION ITEMS MANAGEMENT PLANS FOR SHINGLE CREEK WATERSHED AND FOR WEST MISSISSIPPI WATERSHED The City Manager noted the Shingle Creek Watershed Commission and the West 6 -27 -88 -10- Mississippi Watershed Commission were formed by Joint Powers Agreements in 1984 to meet the requirements of the Metropolitan Surface Water Management Act. He noted these commissions have now developed its draft plans and have submitted them to the member cities for review and comment. He added the commissions will hold public hearings on their plans. He stated a representative of Eugene A. Hickock & Associates is present this evening to provide a summary presentation of the plans to the Council. The Director of Public Works introduced Bill Weidenbacher of Hickock & Associates. Mr. Weidenbacher gave a slide presentation which briefly reviewed the two management plans being submitted by the two watershed commissions. The Director of Public Works noted the Shingle Creek Watershed Management Commission has been working with the Engineering Department to complete a study on the Twin Lake and Ryan Creek areas to determine what can be done to control the flood levels in area lakes. He noted interim standards were set and strictly enforced to protect the watershed districts while the management plans were being developed. The Director of Public Works explained the City will follow up these management plans with the development of its own watershed management plan. He noted the City will have to include funds in the 1990 budget for development of this plan. He pointed out at this time the plan has not gone into great detail on water quality management, but this is an area to expect greater detail on in the future. Councilmember Lhotka inquired how these management plans affect the citizens of l i Brooklyn Center. The Director of Public Works stated these management plans would not have any affect on current residential areas within the City, but they will apply to new development or redevelopment of commercial and industrial properties. RESOLUTION NO. 88 -112 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING DRAFT MANAGEMENT PLAN FOR THE SHINGLE CREEK WATERSHED The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING DRAFT MANAGEMENT PLAN FOR THE WEST MISSISSIPPI WATERSHED The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. WATER USE RESTRICTIONS - UPDATE The Director of Public Works noted staff is gathering and analyzing additional information from other cities, but it has been difficult gathering some of this information from the other cities because they are so busy. He went on to briefly review the water usage through June 22, 1988. He added some cities have reported that its daily usage has actually increased since starting the odd - even system. He stated staff is recommending no change at this time. 6 -27 -88 -11- Councilmember Theis inquired why the other cities are not capable of telling staff how much water it pumps on a particular date. The Director of Public Works stated the other cities would manually have to check its records and are too busy at this time to be able to get the detailed information. Councilmember Theis inquired if Brooklyn Center is the only City with this type of sophisticated system. The Director of. Public Works stated there are a few systems within the metro area. Councilmember Lhotka left the table at 10:25 p.m. Councilmember Theis inquired why a so many other cities were using the odd -even system. The Director of Public Works noted that only about one -third of the cities listed in the Star Tribune article are using the odd -even system, and a great number of them use the odd -even system plus restricting the hours. He noted this type of system would be much more restrictive than what we are currently using. Councilmember Lhotka returned to the table at 10:27 p.m. Councilmember Theis inquired why the other cities are using the odd -even system. The Director of Public Works stated apparently these cities feel it is working for them, but he is not totally convinced that it will work for Brooklyn Center, and the last couple years experience backs up his feelings. CONSTITUTIONAL CHALLENGE TO 1988 OMNIBUS TAX BILL The City Manager noted the Municipal Legislative Commission which is composed of 15 metropolitan suburbs has voted to pursue a legal challenge to the disparity reduction aid provided as part of the 1988 Omnibus Tax Bill. He noted the policy in itself is not unconstitutional. However, the method the legislature has adopted to distribute disparity aid can create a nonuniform tax on the same class of subjects by the same taxing authority and therefore may be constitutionally flawed. The Director of Public Works left the table at 10:32 p.m. The City Manager stated at this time staff is not making any recommendations but noted the bill is not beneficial to the metropolitan area taxpayer but can be somewhat beneficial for the municipality. The City Attorney stated out of all the cities his firm represents, it only found one city which would be affected by this tax bill next year. He stated he does not believe this bill will affect Brooklyn Center at all in 1989. There was a general consensus among Councilmembers that City staff should keep an eye on this bill. RECOMMENDED USE FOR PROPERTY AT 65TH AND BROOKLYN BOULEVARD The EDA Coordinator briefly reviewed the area in question and noted there are a number of development problems associated with this area. He noted the vacant property has significant soil problems, and access to the undeveloped site is limited making development of the property more difficult. He stated it appears the current zoning of this property is inconsistent with the City's Comprehensive Plan and the desires of the neighborhood. He added at this time this particular area is not a high priority area for City development. He stated staff is recommending the Council refer the rezoning of this property to 6 -27 -88 -12- I j the Planning Commission for its consideration. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to refer the rezoning of the property in question to the Planning Commission for its consideration and recommendations. The motion passed unanimously, ANOKA COUNTY LRT STUDY The City Manager stated Anoka County has shown some interest in considering some of the light rail transit options serving Brooklyn Center and Brooklyn Park 14 which were dropped from the Northwest Light Rail Transit recommendation. He 4 stated he believes this is a step in the right direction because the proposals that were submitted for the Northwest Light Rail Transit did not fully address the City's service needs. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to support the concept of being included in the Anoka Light Rail Transit study. The motion passed unanimously. ANNUAL AUDITED FINANCIAL REPORT The Finance Director stated the City Charter requires the financial audit be submitted by June 30 of each year. He stated staff is requesting an extension of this deadline to July 25, 1988. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to grant the extension of the deadline for submitting the financial audit until July 25, 1988. The motion passed unanimously. The City Manager noted there would be an executive session of the City Council held after adjournment of the City Council meeting and the Economic Development Authority meeting. t ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:55 p.m. { City Clerk Mayor 6 -27 -88 -13-