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HomeMy WebLinkAbout1980 10-20 CCM Special Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNE5OTA SPECIAL SESSION OCTOBER 20, 1980 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a special closed session called by the City Attorney and was called to order by Mayor Dean Nyquist at 9:37 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. CITY ATTORNEY'S REPORT REGARDING CURRENT COURT CASES The City Attorney reviewed for Council members the Jogodka vs. the City of Brooklyn Center case. He stated that the case involves an incident where the Jogodkas were arrested by Brooklyn Center officers and their vehicle was confiscated. He stated that the Jogodkas have claimed that the officers stole money from the confiscated vehicle. He pointed out that one of the problems in this situation is that the City Attorney could not represent the officers involved since it would be a conflict of interest. He explained that the City is required to provide legal defense for the officers. He explained that the issues before the Council involve authorization for the officers to seek counsel and to have the City pay the attorney's fees. He explained the case will likely be continued_ since it will take time for the Jogodkas' attorney to prepare his case. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize payment of legal defense for the two officers involved in the Jogodka' case for attorney's fees contingent on the reporting of the fees to the City, Manager and Police Chief and their acceptance of the fees. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. HOWE FERTILIZER CASE The City Attorney explained to Council members that he is proposing to contract to hire a consultant for the Minnesota Pollution Control Agency hearing re- garding Howe Fertilizer's MPCA permit. He explained he would like to hire a consultant with knowledge of chemical engineering to review the available standards and other data related to ammonia production at the Howe plant. He explained the estimated cost would be approximately $2,500. The City Manager stated the approach the City is taking is to attempt to tie the Howe operation to the MPCA permit. He stated the City is contesting the State's permit to operate issued to Howe. He noted the contention is that Howe cannot meet the requirements of the permit related to violation of the odor unit standard in the permit. He added that the staff believes that Howe should pay for the monitoring of its operation with regard to the standards of the permit. 10 -20 -80 -1- There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to authorize the City staff to hire a consultant for the Minnesota Pollution Control Agency hearing for Howe Fertilizer. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. Regarding the Howe case, the City Attorney stated he would require the consultant to be someone who is familiar with the processing in the Howe operation. He stated that he is seeking authority from the Council to expend $55 per hour for approximately five to six hours of work to have the consultant prepare a proposal regarding the Howe operation but that he would also like authorization for the Manager to spend more than the five to six hours at $55 per hour cost if the project necessitated it. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to authorize the City Manager to expend $55 per hour for the consultant to work on the Howe case with the understanding that the project is estimated to be five to six hours work but that the City Manager is authorized to exceed the five to six hours limit if the project requires more time. The funds are to be appropriated from the Council's contingency fund. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. In discussion of the phase -out ordinance of Howe Fertilizer, the City Attorney explained the real issue in the trial will likely be a determination of a definition of manufacturing. He stated he will concentrate on only the ammonia creating processes with regard to the manufacturing definition. ADJOURNMENT There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned the special session at 10 :10 p.m. f r` C X Clerk Mayor t 10 -20 -80 -2-