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HomeMy WebLinkAbout1982 09-13 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 13, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 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, Chief of Police James Lindsay, Director of Parks and Recreation Gene Hagel, Public Utilities Superintendent Craig Hoffman, and Administrative Assistants Rick Green and Tom Bublitz. INVOCATION The invocation was offered by Pastor Calvin Thompson of the Lutheran Church of the Triune God. OPEN FORUM mayor Nyquist noted the Council had received several requests to use the Open Forum session this evening. He noted that the requests received were from Mr. Roland J. Miles, 10800 Lyndale Avenue South and from Sgt. Ray Beach and Sgt. Greg Weeks of the Brooklyn Center Police Department. Mayor Nyquist explained that, because of the Open Forum topics dealt with an item that was already on the agenda, he would address the Open Forum requests when that item was addressed on the agenda. CONSENT AGENDA Mayor Nyquist inquired if any of the Council members desired any items removed from the Consent Agenda. The City Manager explained that he had received a letter from Mr. Paul Aish requesting deferral of the agenda item dealing with the Pizza Factory. He also explained that the rental licenses were inadvertently placed on the license sheet and that the handout license sheet, without the rental licenses; is correct. Councilmember Hawes requested item 12d be removed from the Consent Agenda. APPROVAL OF 14INUTES - AUGUST 9, 1982 There was a motion by Councilmember Scott and seconded by Councilmember Theis approve the minutes of the August 9, 1982 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. SUBDIVISION BOND RELEASE There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the subdivision bond release for Rudenick -Maahs Addition (located along 69th Avenue east of Oliver Avenue) in the amount of $13,800. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 9- 13--82 -1- PERFORMANCE BOND RELEASES AND REDUCTION There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the release of the following performance bonds 1. Twin Lake North Apartments, 4582 -58th Avenue North in the amount of $5,000. 2. Brockdale Pontiac, 6801 Brooklyn Boulevard in the amount of $12,000. 3. McDonald's, 5525 Xerxes Avenue North in the amount of $12,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis, Voting against: none The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the reduction of the performance bond for K -Mart, 3600 -63rd Avenue North, from $85,000 to $15,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.. FINAL PL APPROVAL - EVERGREEN ESTATES There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the final plat of Evergreen Estates located between 69th and 70th Avenues east of Dupont Avenue subject to the following conditions: 1. Review and approval of the Homeowners' Association documents by the City attorney. 2. Review and approval of an up -to -date Abstract of Title by the City attorney Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PROCLAMATION DECLARING SEPTEMBER 17 THROUGH SEPTEMBER 23 AS CONSTITUTION WEEK There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the proclamation declaring September 17 through September 23 as Constitution Week in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 82 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR PAINTING OF 1.5 MILLION GALLON ELEVATED STORAGE TANK (CONTRACT 1982 -G) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -171 Member Celia Scott introduced the following resolution and moved its adoption: k 9- 13 -82, -2- RESOLUTION ACCEPTING BID A14D APPROVING CONTRACT FOR CONTRACT 1982 -K (FUEL DISPENSING CONTROL SYSTEM) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none,.whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -172 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING LIFT STATION IMPROVEMENT PROJECT NO. 1982 -26, ACCEPTING ENGINEER'S REPORT, APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -N) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -173 Member Celia Scott introduced the following resolution and moved its adoption: pESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS ON OCTOBER 4, 1982 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR COMMUNICATIONS EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis;. and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -175 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR POLICE DEPARTMENT REMODELING The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene'Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following 9 -13 -82 -3- voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -176 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF PORTABLE RADIO EQUIPMENT i The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: -Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -177 Member Celia Scott introduced the following resolution and moved its adoption:` RESOLUTION AUTHORIZING PURCHASE OF MOBILE RADIO EQUIPMENT AND DVP EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. APPROVAL OF STANDBY ELECTION JUDGES There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the appointment of Robert W. Leach and Ann Wallerstedt as standby judges for the September 13, 1982 primary election. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the following list of licenses; ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Jaycee Women Brooklyn Center High School Earle Brown PTA 5900 Humboldt Avenue N. Knights of Columbus #6772 4901 63rd Avenue N. NONPERISHABLE VENDING MACHINE LICENSE Canteen Corporation of MN 6860 Shingle Creek Pkwy. Canteen Corporation of MN 6120 Earle Brown Drive Canteen Corporation of MN 6700 Shingle Creek Pkwy. PERISHABLE VENDING MACHINE LICENSE Canteen Corporation of MN 6700 Shingle Creek Pkwy. Canteen Corporation of MN 6860 Shingle Creek Pkwy. Canteen Corporation of MN 6120 Earle Brown Drive' 9- 13: -82 -4 SPECIAL FOOD ESTABLISHMENT LICENSE Marc's Budgetel 6415 James Circle RENTAL DWELLING LICENSE Initial: Mrs. Paul Enge 4748 Twin Lake Avenue N. Dean K. Stendal 5456 Emerson Avenue N. Renewal: Keith L. Nordby 5964 Brooklyn Boulevard Dion Properties, Inc. 5740 Dupont Avenue N. Gary D. Anakkala 5412 Fremont Avenue N. Dwight Jereczek 6319 Brooklyn Drive Milton R. Carlson 610 53rd Avenue N. Jack & Elizabeth Fahrenholz 620 53rd Avenue N. Richard Weicht 5301 Dupont Avenue N. Khawer Mahmud / Mahmud & Mahmud 5843 Fremont Avenue N. Wilbert & Delores Hanson 7210 Perry Court E. Donald Ogilvie 6742,44 France Avenue N. Tom Castle 5256 E. Twin Lake Boulevard Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUE RESOLUTION NO. 82 -178 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR DRINKING FOUNTAIN INSTALLATION IN VARIOUS NEIGHBORHOOD PARKS (CONTRACT 1982 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bid and Approving Contract 1982 -J (Lions Park West Trailway, Central Park /Garden City Park Extension, Lions Park Tennis Court, Civic Center Access Improvement, Civic Center Parking Lot Improvement). Councilmember Hawes commented that, because of the additional cost required to construct the tennis court in Lions Park, he discussed the matter with Mr. Lou Howard and that Mr. Howard stated he believes the cost is far too high, and he suggested it should be rebid. The Director of Public Works stated that the City can delete that portion of the contract dealing with Lions Park and can take new bids. He added that he does not know what will happen if the project is rebid and that the cost may be lower or higher. - 9 -13 -82 -5- He noted that if the project is deleted from this contract he would suggest putting the Lions Park tennis court project into a contract for soil correction at the City garage site. He added that he believes it is important to_have the soil correction done this fall There was a motion by Councilmember Hawes and seconded by Councilmember Scott to amend the Resolution Accepting Bid and Approving Contract 1982 -J by deleting the Lions Park tennis court project. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -179 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -J (LIONS PARK TRAILWAY IMPROVEMENT, CENTRAL PARK /GARDEN CITY PARK TRAIL EXTENSION IMPROVEMENT, LIONS PARK TENNIS COURT IMPROVEMENT, CIVIC CENTER ACCESS IMPROVEMENT, AND CIVIC CENTER PARKING LOT IMPROVEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Cilia Scott, and upon vote being taken thereon the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Chlorine Room /Storage Room Improvement Project 1982 -27, Approving Plans and Specifications and Ordering Advertisement for Bids (Contract 1982 -0). He explained that this resolution provides for an enclosed chlorine storage room - at the civic center and would be located within the existinc screened enclosure west of the police entrance to City hall and added that the item is authorized in the 1982 budget. The Director of Public Works reviewed the project and noted that the building is a totally enclosed facility. Councilmemher Lhotka requested that when the contract is returned to the City Council, he would like a breakdown of the various costs in the project. RESOLUTION NO. 82 -180 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CHLORINE ROOM /STORAGE ROOM IMPROVEMENT PROJECT NO. 1982 -27, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -0) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon the following voted in favor thereof: ' Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Municipal Service Garage Site Improvement Project 1982 -28 and Appropriating Funds Therefor. The Director of Public Works reviewed the project and pointed out that it involves 9 -13 -82 -6 F remodeling the office area and surrounding area to accommodate the public utility crews, construction of an unheated storage building and installation of fencing around the storage yard adjacent to the proposed storage garage. He added the total estimated cost for the project is $816,000. Councilmember Lhotka commented that the cost appears rather high and questioned whether the project could be modified in some way to reduce the cost. The City Manager commented that the major cost of the project is the unheated storage building, the screening and the remodeling. He added that the City staff looked at expanding the garage heated area but that this would be more expensive than constructing an unheated storage building. Discussion continued among Council members regarding the municipal service garage improvements and Councilmember Lhotka suggested using alternates in the bid for other construction materials, such as concrete blocks. The City Manager commented that the staff believes the project is being proposed for construction in the most economical way possible, but the staff could explore other alternatives. Council - member Lhotka also commented that he would like the staff to look at alternatives to the yard itself, such as exploring whether the yard should be paved or unpaved. Councilmember Theis stated that he would like to see some options given on the proposed wall surrounding the storage area. The Council continued its discussion and requested the staff to provide alternates in the contract for the construction of the wall and surfaces on the yard area. RESOLUTION NO. 82 -181 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING MUNICIPAL SERVICE GARAGE SITE IMPROVEMENT PROJECT 1982 -28 AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -182 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT FOR ARCHITECTURAL /ENGINEERING WITH LINDBERG PIERCE INC. FOR DESIGN AND CONSTRUCTION SUPERVISION OF MUNICIPAL SERVICE GARAGE BUILDING IMPROVEMENT PROJECT 1982 -28 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted RESOLUTION NO. 82 -183 Member Gene Lhotka introduced the following resolution and moved its adoption': 9 -13 -82 -7- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CONTRACT 1982 -P (MUNICIPAL SERVICE GARAGE SOIL CORRECTIONS PROJECT 1982 -28 AND LIONS PARK TENNIS COURT PROJECT 1982 -20) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof. Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON ANNUAL BUDGET AND USE OF FEDERAL REVENUE SHARING FUNDS The Director of Finance introduced the federal revenue sharing public hearing and also proceeded to review the proposed 1983 City budget. He-explained the proposed 1983 City budget is $6,583,220 which is a 1.15% increase over 1982. He explained the net operating budget proposed, for 1983 is $5,921,647 which is $271,523 over 1982. He added that the 1983 capital outlay proposed is $289,732 a 35.93% decrease over 1982, and that the debt retirement for 1983 is $371,841 a $3,840 increase over 1982. He pointed out the debt retirement includes bonds on the civic center and the park'bond. The Director of Finance proceeded to review the various departmental appropriations and noted that personnel services accounts for approximately 63% of the total budget. He then reviewed the estimated revenue for 1983 and also the local government aids estimated for 1983 totaling $1,447,611, which represents no increase from 1982. He added that the 1982 state aid allotment has not been received in full as yet. The Director of Finance reviewed the federal revenue sharing funding for 1983 which is set at $251,432, a decrease of 44.4% from 1982. He proceeded to review the purp of 1972 Federal Revenue Sharing Act and also reviewed the conditions and restrictio placed on federal revenue sharing funds. He explained the audit requirements for federal revenue sharing funds and reviewed the required publication requirements and also explained that two public hearings are required under the program, one which is a proposed use hearing for citizens to provide input and recommendations for how the funds should be spent. He explained the proposed use hearing was held on Wednesday, my 14, 1982 and that the minutes of that hearing are presented this evening. He explained that the second hearing required is held in conjunction with the annual City budget hearings and that notice of the public hearing was published in the September 2, 1982 addition of the Brooklyn Center Post. He explained that the hearing is scheduled for 7:30 p.m. this evening. The Director of Finance explained that the federal revenue sharing program will end in September of 1983, if it is not renewed by Congress He proceeded to review the Council policy on the expenditure of federal revenue sharing funds and pointed out the City expects to receive $153,507 from federal revenue sharing in 1983 The Director of Finance noted that the City had not received any written comments regarding the use of federal revenue sharing funds. Mayor Nyquist opened "the meeting for the purpose of a public hearing on the use of federal revenue sharing funds in the City of Brooklyn Center. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. 9 -13 -82 -8- There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on the use of federal revenue sharing funds in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. r Mayor Nyquist noted that next Monday's Council meeting will be exclusively devoted to consideration of the proposed 1983 budget. As noted earlier in the meeting, Mayor Iiyquist explained that the request to use the Open Forum session this evening from Mr. Roland J. Miles, Sgt. Ray Beach, and Sgt. Greg weeks would now be addressed in the budget discussion. The City Attorney commented that some Council members have received comments and letters regarding the reorganization and that the reorganization was described to the sergeants and patrol officers of the City about one week ago. He pointed out the decision to reorganize is a management right and is not bargainable. He added that he believes it is the City Manager's intent to listen to comments from officers is ers on the reorganization and its impact on individual officers. The City Attorney explained that all matters involving labor relations are to be discussed between the designated exclusive bargaining representatives of the parties. He explained labor relation matters discussed between a union representative and the City Council deviate from that principal and might constitute an unfair labor practice under the statute. He added that, while the speaker must decide the subject matter of this discussion, the City Council, in participating in such a discussion, may be rarticipating in an unfair labor practice which results in liability for the City, i or it may waive its right to assert an unfair labor practice against the union. He pointed out that memk:ers of both unions have been advised that management is willing to discuss the effects of the proposed reorganization upon the officers either individually or collectively, without waiving the principle that such a reorganization is an inherent management prerogative, both under the statute and under the contract, and therefore not a bargainable issue. He explained that such discussions should, however, take place between the designated representatives of labor and management. In summary, he added that it is his recommendation,therefore, that discussion of labor management matters such as seniority rights,.method of handling assignments, for example, not be permitted under any circumstances. He added individual officers, as citizens of Brooklyn Center, certainly have.a right to comment on budgetary matters, but that such comments should, however, not occur at an Open Forum but should occur at regularly scheduled budget hearings where the public is invited to speak. Mayor Nyquist added that,the Council has an obligation to hear input from citizens with respect to the City budget. Mayor Nyquist recognized Sgt. Ray Beach, who stated that he has been a resident of Brooklyn Center for 40 years and a member of the police department for 20 years. On September 2 of this year, he explained that he was advised of the demotion of the sergeants because of the reorganization in the department. Sgt. Beach proceeded to review his educational background and that of the other sergeants and also over the ears and has received pointed out that he has served on several outside committees Y a number of commendations over the years. He requested the Council consider a number of alternatives before the decision on reorganization is made, since it will affect 9 -13 -82 -9- all the City's officers and citizens. Mayor Nyquist recognized Sgt,. Greg Weeks, who stated that he has been a member of the Brooklyn Center Police Department for 13 years, and added that he and the other sergeants are opposed to the reorganization, pointing out that it would affect his income and also his pension. He stated he was told that the reorganization was to put more police officers on the street but that he feels the sergeants are now already on the streets taking calls and are always at the trouble calls. He added that he feels there are other avenues to consider with regard to reducing the police department budget. He added that he has several questions regarding the reorganization, including what will happen to the supervision in the department, affect on income and pension benefits and seniority. He added that he hopes the Council will consider other alternatives before a decision is made. Mayor Nyquist noted that each Council member had received a letter from patrol officer, Dennis Flaherty, and Law Enforcement Labor Services, and explained that Mr. Flaherty's letter referred to choosing other alternatives, other than the proposed reorganization. Mayor Nyquist recognized Mr. Roland Miles, Business Agent for Law Enforcement Labor Services. Mr. Miles stated he does not intend to negotiate on this matter and that under the contract individuals will go to the bottom of the seniority list, adding that existing arbitration information supports this contention. Mr. Miles then passed out copies of the police union contract to the City Council. He reviewed the recognition section, Section 3.3, page 5, article 9, which stated "seniority rights accrued in one unit do not transfer to another unit He proceeded to discuss the impact on service delivery to the citizens of Brooklyn Center and added that if a sergeant; is demoted to the patrol officer unit, they could only recommend courses of action and would not be able to take independent action with regard to supervision. Mr. Miles then commented on the proposed addition of a captain in the police depart- ment. He pointed out the trend in police organizations is to reduce administrative people. He added that the addition of a captain results in one less person on the street and that he does not think the corporals will add to the street duty but believes they will be supervising and performing the same duties as the sergeants are currently performing. Mr. Miles stated that he would ask the Council to consider all the facts and weigh everything carefully before a decision is made. He added that he hopes it does not come to a court case. Mr. Miles then stated that approaching this issue from a standpoint of a business agent for the patrol division, he is concerned with the career ladder for patrol officers and reorganizations effect on employee morale. He added that if there is no possibility of promotion or the elimination of promotion, it will definitely affect morale. He added that the trend in police departments is not in the direction the City is going and he asked the City Council to look at the issue of morale, affect on services, and the cost of arbitration. Mayor Nyquist inquired if there were any questions or comments from the Council. Councilmember Lhotka stated that he would like to reaffirm the questions raised by the letters received by the City Council. 9 -13 -82 _10- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to continue the budget hearing to Monday, September 20, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR EARLE BROWN IMPROVEMENT PROJECT 1982 -08 The City Manager pointed out that notice of the proposed assessments on project 1982 -08 have been sent to owners of all benefited properties and that notice of the public hearing has been published in the official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for Earle Brown Improvement Project 1982 -08 (street light installation along extension of Earle Brown Drive). He inquired if there was anyone present who wished to speak at the public hearing. No one appeared 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 special assessments for Earle Brown Improvement Project 1982 -08. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -184 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF IMPROVEMENT PROJECT NO. 1982 -08 ( EARLE BROWN DIVE STREET LIGHT INSTALLATION) The motion for the adoption of the foregoing resolution was duly seconded by mem'r.er Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON SPECIAL ASSESSMENTS: DISEASED SHADE TREE REMOVALS, PUBLIC UTILITY HOOKUPS, AND DELINQUENT PUBLIC UTILITY ACC OUNTS The City Manager explained that notice of the proposed assessments on the public hearing for diseased shade tree removals, public utility hookups, and delinquent public utility accounts has been sent to all owners of all benefited properties and that notice of the hearing has been published in the official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for diseased shade tree removals, public utility hookups, and delinquent public utility accounts. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared 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 special assessments for diseased shade tree removals, public utility hookups, and delinquent public utility accounts. Voting in favors Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 9 -13 -82 -11- RESOLUTION NO. 82 -185 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -186 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ASSESSMENTS FOR PUBLIC UTILITY HOOKUPS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -187 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 8:45 p.m. and reconvened at 9:01 p.m. PLANNING COMMISSION APPLICATION NO. 82030 SUBMITTED BY MARIE REYES FOR A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINTNCF TO ALLOW A TWO CAR GARAGE TO BE SET BACK 25' FROM THE FRONT PROPERTY LINE AT 5700 CAMDEN AVENUE NORTH, RATHER THAN THE NORMAL 35 -' The Director of Planning & Inspection stated that the applicant is not present at this evening's meeting and recommended that, since the applicant is not present, consideration of the application should be tabled. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table consideration of Planning Commission Application No. 82030 because the applicant was not present at the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. 9- -13 -82 -12- ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REZONING CERTAIN LAND TO THE R3 CLASSIFICATION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Rezoning Certain Land to the R3 Classification. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING PUBLIC NUISANCES Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 of the City Ordinances Regarding Public Nuisances. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared 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 An Ordinance Amending Chapter 19 of the City Ordinances Regarding Public Nuisances. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 82 -8 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING PUBLIC NUISANCES The motion for the adoption:of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the Following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES REGARDING ANIMALS Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animals. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes, and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animals. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Lhotka commented that.with regard to the portion of the ordinance amendment dealing with private kennel licenses, he would request a shorter period for the license. He explained he sees the situation as an emergency situation and would want to see the license limited to a specific period of time. Councilmember Scott stated that she looks at the ordinance as a control measure, in that the ordinance provides control over situations where persons have larger numbers of dogs and cats. She added that the ordinance provides a means of controlling and that she would not like to see a time limit placed on the ordinance. Councilmember Lhotka stated that the ordinance, as it stands now, provides control with regard to limiting the total number of animals. Councilmember Theis commented that he would like to see a time frame in the ordinance limiting the license to the dogs existing at the time of the license approval and to extend the license for no more than the period of the life of the dogs.- He added that he agrees with Council- _ member Lhotka regarding the emergency situation and that he views the private kennel license as "a humane means of control over dogs for a definite period of time. He stated, that.he would approve of an ordinance which would allow the keeping of more than two dogs for a period of time but one that would not allow the replacement of the dogs existing at the time of the license. Councilmember Scott stated that she has no problem with limiting the time of the license to the life of the dogs but that she would not like to see it limited to a specific time period. The City Attorney recommended that the Council not amend the ordinance at the Council table, but if the Council can identify the time limit they would like to see placed on the kennel license, he would recommend the ordinance be returned to staff for. revision.' There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to send the ordinance back to staff for revisions with regard to the time limit on the keeping of animals in a private kennel. In discussion of the motion, the City Attorney commented that limiting the time period to the life of the dogs would be difficult to enforce, and that he would recommend the Council be given authority to grant a license for a specific number of years. He pointed out that each private kennel license would be reviewed and approved by the Council. Councilmember Theis commented that he would not want to have more than two dogs in a home, but that because certain situations have arisen, would view the ordinance as a vehicle to phase out the existing situations. Mayor Nyquist called for a vote on. -the motion on the floor. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING SUNDAY SALES OF INTOXICATING LIQUORS Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Sunday Sales of Intoxicating Liquors. He inquired if there was anyone present who wished to speak at the public hearing. He recognized Ms. Lonnie McCauley, Executive Vice President of the Brooklyn Center Chamber of Commerce, who stated that the management of T. Wrights and The Green Mill also support the ordinance amendment in addition to the establishments previously indicating their support. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing, No one appeared to speak and he entertained a motion to close the public hearing. 9 -13 -82 -14- 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 Regarding Sunday Sales of Intoxicating Liquors. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 82 -9 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING SUNDAY SALES OF INTOXICATING LIQUORS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE'A CHAPTER 35 RELATING TO REZONING CERTAIN LAND FROM C2 TO R3 Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 Relative to Rezoning Certain Land From C2 to R3. He inquired . if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on An.Ordinance Amending Chapter 35 Relating to Rezoning Certain Land From C2 to R3. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis-. Voting against: none. The motion passed unanimously. ORDINANCE NO. 82 -10 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO REZONING CERTAIN LAND FROM C2 TO R3 The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. DISCUSSION ITEMS PARK & RECREATION COMMISSION REPORT ON INSTALLATION OF PLAYGROUND EQUIPMENT IN MARLIN PARK The City Manager explained that the Park & Recreation Commission had previously recommended installation of playground equipment in Marlin Park, and that at the last Park & Recreation Commission meeting the Commission reaffirmed their original recommendation. Councilmember Hawes noted that a petition was received by the Park & Recreation Commission from a number of people in the Marlin Park area expressing a desire to see the playground equipment installed. 9 -13 -82 -15- Mayor Nyquist recognized Mr. Kirscht, 6325 Halifax Drive, who stated that he is not objecting to the installation of the park equipment but only to its location. Mayor Nyquist recognized Mrs. Sharon Salonek, 6431 Marlin Drive, who stated that she has lived in the area for five years and that many.families with young children, bot pre= school and elementary age, live in the area and are in favor of the playground equipment. She noted that at the Park & Recreation meeting, at which the installation of the equipment was discussed, only two families opposed the installation and ten families were in favor. She noted that the petition circulated in the neighborhood represented 25 families and 36 children. She added that moving of the play equipment would not really be acceptable since the goal is to leave an open area for free play. She stated that, since the Council had budgeted to improve Marlin Park and the installation of the equipment was stopped by only one objection, and since the Park & Recreation Commission recommended the installation she added she would hope to see the project continue as planned. The City Manager explained that it is difficult to locate the equipment in such a' small park, and that the staff could come back with some suggestions for screening of the play apparatus. Mr. Kirscht stated that he did not want shrubbery to be used as screening rather than fencing, and would like to see fencing to avoid the overflow and traffic through his yard. Mrs.. Kirscht added that there was a problem with drinking parties in this area in the past, and that she believes it isn't fair that one family should have to deal with this type of problem. Councilmember Lhotka stated that he would suggest that the play equipment be installed and that the staff be directed to respond to the screening problem. The City Manager stated that the staff could come back with recommendations to the Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to install the playground equipment and to direct the staff to return with recommendati for screening of the play apparatus. Voting in favor: Mayor Nyquist, Councilmember Lhotka, Scott, Hawe2,, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUE The City Manager introduced a Resolution Establishing Sanitary Sewer Rate for the Elderly. The Director of Public Works stated that the staff is not prepared with a specific dollar recommendation for 1983 but rather they would recommend a percentage to be specified in the resolution. He stated the staff's recommendation is to establish the special sanitary sewer rate for elderly residents at 550 of the rate established for single family homes. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve a Resolution Establishing Sanitary Sewer Rate for the Elderly and to establish the rate at 55% of the rate established for single family homes. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. T he motion passed unanimously.. RESOLUTION NO. 82 -188 Member Celia Scott 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 Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof De Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following vo against the same: none, whereupon said resolution was declared duly passed and ado '. 9 -13 -82 -16- _x ORDINANCES (CONTINUE AN ORDINANCE AMENDING CHAPTERS 34 AND 35 OF THE CITY ORDINANCES REGARDING HOME OCCUPATIONS In discussion of the ordinance, Councilmember Theis inquired whether the ordinance reference to children meant the same as members. The Director of Planning & Inspection stated that the two terms in the ordinance were the same. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapters 34 and 35 of the City Ordinances Regarding Home occupations and to amend the terminology in the ordinance amendment by changing the term members to children. Voting in favor: Piayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES WITH RESPECT TO OUTSIDE STORAGE IN THE I -1 ZONING DISTRICT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances With Respect to Outside Storage in the I -1 Zoning District. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCE REQUIRING MINIMUM DISTRICT REQUIREMENTS AND SPECIAL REQUIREMENTS IN A C -2 ZONING DISTRICT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 o -9 the City Ordinances Requiring Minimum District Requirements and Special Requirements in a C -2 Zoning District. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING LICENSE FEES FOR KIDDIE RIDES Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding License Fees for Kiddie Rides. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared 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 An Ordinance Amending Chapter 23 of the City Ordinances Regarding License Fees for Kiddie Rides. Voting in favor: Mayor Nyquist, Council - members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 82 -11 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 REGARDING LICENSE FEES FOR KIDDIE RIDES The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. 9 -13 -82 -17- DECLARATION OF SURPLUS PROPERTY There was a- motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize the following items as surplus property and directing the staff to sell the vehicles at the Hennepin County Auction on October 9, 1982: 1. No. 29 -1969 Ford F100 pickup 2. No. 212 - 1968 Dodge A108 panel truck Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS (CONTINUED) The City Manager explained that ShowBiz Pizza has requested changes to Chapter 23 of the City Ordinances to allow tokens to be awarded for free games on their video game machines. He explained that some of the video machines are equipped to issue tokens or tickets to be used to play games in similar or other types of video games. The Director.of Planning &Inspection noted that this would not mean that the machines would allow payoffs but only tokens redeemable at other games in the same establish- ment. He added that no prizes would be given for winning games. Councilmember Hawes stated that he would be opposed to any payoff on tokens or tickets, and he would not like to see any change in the current ordinance. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to oppose any change in the amusement games licensing ordinance with regard to tokens or tickets issued for winning video games. Voting in favor: Mayor Nyquist, Council members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. UPDATE ON PARK BONDING PROGRAM The City Manager reviewed the improvements authorized under the bond issue for City parks. He proceeded to review the original projects and sources of revenues and pointed out that in Central Park the unfinished portions include the facilities building, plaza, baseball field lighting, and tennis courts. He added that the arboretum is complete and that the Palmer Lake Basin is being constructed as proposed. He then reviewed the neighborhood park improvement schedule and noted that the neighborhood parks are virtually completed with some items remaining, including benches, screens for the dumpsters, landscaping, and some signs. He then reviewed the Central Park project, including costs, and funding and noted that there has been a change in federal contribution through the grant system from 75% to 50% and added that the ability for municipalities to obtain grants has been diminished. He stated that by April 1983, the City should know what federal dollars will be available for the development of the remainder of Central Park PIZZA FACTORY The City Manager noted that the discussion item concerning the Pizza Factory had been withdrawn at the applicant's request. I� 9 -13 -82 -18- F ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:36 p.m. 10—e move A"'� Mayor 9 -13 -82 -19-