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HomeMy WebLinkAbout1980 01-07 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 JANUARY 7, 1980 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present was City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Councilmember Gene Lhotka. APPROVAL OF MINUTES - DECEMBER 17, 1979 The City Manager explained that the December 17, 1979 City Council minutes had not yet been typed in their final form since they were being reviewed by the City Attorney. Mayor Nyquist noted that the approval of the December 17, 1979 City Council minutes would have to be tabled until the next regular City Council meeting. OPEN FORUM Mayor Nyquist opened the meeting for the purpose of the Open Forum session. Mayor Nyquist recognized Mr. Tom Howard, 2800 64th Avenue North, who wished to address the City Council on the upcoming Brooklyn Center Jaycees' Govern- mental Affairs Seminar. Mr. Howard stated that the Brooklyn Center Jaycees will host a Governmental Affairs Seminar on Saturday, January 12, 1980 at the North Hennepin Community College. He noted that the seminar will feature a number of political figures speaking on various topics and invited the members of the Council-and all others present at the meeting to the seminar on Saturday. Mayor Nyquist inquired of the audience if anyone was present who wished to address the Council. There being none, the Mayor proceeded with the regular agenda items. ADJOURNMENT - 1979 COUNCIL There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to adjourn the 1979 City Council. Voting in favor: Mayor Nyquist, Council members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The 1979 City Council adjourned at 7:07 p.m. ADMINISTER OATH OF OFFICE The City Manager administered the oath of office to Councilmember Gene Lhotka and Mayor Dean Nyquist. CALL TO ORDER - 1980 COUNCIL The 1960 City Council was called to order by Mayor Dean Nyquist at 7:13 p.m. Mayor Nyquist took the opportunity to note that a financial reporting award had been given to Finance Director Paul Holmlund by the Municipal Finance Officers Association. On behalf of the City Council, Mayor Nyquist congratulated Mr. 1 -7 -80 -1- Holmlund for the excellent work he has been doing for the City. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present was City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Richard Schieffe.r, and Administrative Assistant Tom Bublitz. SELECTION OF MAYOR PRO TEM The City Manager introduced the first item of business for the 1980 City Council, that of selecting a Mayor Pro Tem to hold the office in the absence of the Mayor. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to nominate Councilmember Celia Scott for Mayor Pro Tem. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE PLANNING COMMISSION Mayor Nyquist introduced an application from Mary Simmons of 5530 Camden Avenue North, for membership on the Planning Commission. He noted that Ms. Simmons was from the southwest part of the City and recommended her for appointment to the Planning Commission. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to confirm Mayor Nyquist's appointment of Mary Simmons to the Planning Commission to fill out Commissioner Pierce's term expiring December 31, 1980. Voting in favor: mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to confirm Mayor Nyquist's reappointment of William Hawes, Molly Malecki, and Richard Theis to the Planning Commission each for a two year term effective January 1, 1980 to expire December 31, 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE CONSERVATION COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to confirm Mayor Nyquist's reappointment of Barbara Jensen and Fred Albright to the Conservation Commission each for a three year term effective January 1, 1980 to expire December 31, 1982. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION Councilmember Lhotka stated that Commissioner Joyce Tolve is not interested in serving another term on the Human Rights Commission and that her letter of resignation from the Commission, was forthcoming. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to confirm Mayor Nyquist's reappointment of Al Weyrauch and Jayne Kuhar to the Human Rights Commission each for a three year term effective January 1, 1980 to expire December 31, 1982. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 1 -7 -80 -2- Councilmember Lhotka stated that because of the time constraints placed on Mr. Weyrauch by his job duties, he has requested to step down from the Chairmanship of the Human Rights Commission. Councilmember Lhotka stated that he would recommend the appointment of Jayne Kuhar as the new Chairperson to replace Al Weyrauch. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to confirm mayor Nyquist's appointment of Jayne Kuhar as Chairperson to the Human Rights Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE PARK AND RECREATION COMMISSION There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to confirm Mayor Nyquist's reappointment of Dawn Kiefer to the Park and Recrea- tion Commission representing Park Service Area IV for a three year term effective January 1, 1980 to expire December 31, 1932. Votina in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE HOUSING COMMISSION There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to confirm Mayor Nyquist's reappointment of Ray Haroldson and Ronald Turner to the Housing Commission for -a "three year term effective January 1, 1980 to expire December 31, 1982. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to confirm Mayor Nyquist's appointment of Phil Cohen to the Housing Commission to fill out the term of Patricia Weitzel expiring on December 31, 1981. Voting in favor: mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENT OF THE WEED INSPECTOR There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to confirm _Mayor Nyquist's reappointment of Allen Lindman as Weed Inspector for the year 1980. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ' DESIGNATING OFFICIAL CITY NE There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to designate the Brooklyn Center Bost as the official City newspaper of the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist recognized State Representative Bob Ellingson who expressed his congratulations to Mayor Nyquist and Councilmem —ber Lhotka on their re- election and stated . that the residents of Brooklyn Center must think they are doing a very good job to re -elect them. He noted the beginning of the 1980 legislative session and indicated that an increase in the levy limit is unlikely this session. Representative Ellingson stated he would welcome any corrarents or questions from the Council and offered his assisL.ance in any way possible. Mayor Nyquist inquired if there were any comments or questions to be directed to Representative Ellingson. Councilmember Fignar expressed a desire to see local representatives and senators appear at a Council meeting perhaps two or three months into the legislative session. Councilmember Kuefler requested Representative Ellingson's support for the Association of Metropolitan Municipalities 1 -7 =$0 -3- legislative platforms and goals. Mayor Nyquist took the opportunity to thank Representative Ellingson for taking the time to come to this evening's meeting. PERFORMANCE BOND REDUCTION The City Manager referred the Council to a memo from the City's Building Official to the Director of Planning and Inspection which recommended the reduction of a performance bond for the Speculative Industrial Building #9. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the performance bond reduction for the Speculative Industrial Building #9, located at 6801 Shingle Creek Parkway from $60,000 to $25,000. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar; Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPROVAL OF ANIMAL CONTROL CONTRACT FOR 1980 The City Manager referred the Council to a memorandum from the City Clerk recom- mending approval of the contract with Municipal and Private Services, Inc. (MAPSI). There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the contract with Municipal and Private Services, Inc. (MAPSI) for the calendar year 1980. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against : none. The motion passed unanimously. APPLICATION TO PLACE COURTESY BENCHES The City Manager referred the Council to a memorandum from the Director of Public Works regarding the application for a license to place courtesy benches. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the application for courtesy benches. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Lhotka questioned whether the benches have small billboard signs and what the difference might be between these small signs and a billboard as defined in the Sign Ordinance. The City Manager suggested that the size and the fact that the benches provide a service may be what distinguishes them from a billboard. -Councilmember Kuefler indicated that the benches were a trade - off, providing a service to the City for some advertising placed on the benches. Councilmember Lhotka stated that he still has some problem justifying the advertising on the benches. Councilmember Fignar inquired who will perform maintenance on the benches should they require any. The Director of Public Works explained it is the company's responsibility to provide maintenance for the benches. Councilmember Lhotka requested the City staff to research the relation that the advertising on the courtesy benches might have to any requirements of the Sign Ordinance and specifically how it relates to the ordinance with regard to billboards. RESOLUTION NO. 80 -1 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION DESIGNATING THE CAMDEN NORTHWESTERN STATE BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and 1 -7 -80 -4- Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -2 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIDELITY BANK AND TRUST COMPANY A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -3 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST BROOKDALE STATE BANK A DEPOSITORY OF CITY FUNDS The motion "for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.' RESOLUTION NO. 80 -4 Member Tony Kuefler introduced the following resolution and moved its adoption: .RESOLUTION DESIGNATING THE FIRST NATIONAL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -5 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST PLYMOUTH NATIONAL BANK A DEPOSITORY OF CITY FUNDS 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -6 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE HENNEPIN FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and 1 --7 -80 -5- Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -7 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE HOME FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none,'whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -8 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE MARQUETTE NATIONAL BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka and i Fignar, G ist on Kuefler, Bill Yqu Tony K r, gn Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -9 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNA'T'ING THE MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION A i DEPOSITORY OF CITY FUNDS 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -10 Member Tony. Kuefler introduced the following resolution and moved its adoptions RESOLUTION DESIGNATING THE TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon., the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution designating a representative and alternate representative to the Association of Metropolitan Municipalities. Councilmember Kuefler stated that he is now serving as the representative and he would volunteer to continue. Councilmember Fignar stated that he feels Councilmember Kuefler is doing an excellent job representing the City with the Association of Metropolitan Municipalities. 1 -7 -80 -6- RESOLUTION NO. 80 -11 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN 14UNICIPALITIES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist,'Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -12 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager stated that the next resolution on the agenda designating the director of the Suburban Sanitary Disposal Authority would be deleted since the organization was abolished approximately a year ago. The City Manager introduced a resolution establishing Street Surfacing Improve- ment Project No. 1980 -1 and ordering preparation of plans and specifications. He noted that in conjunction with the I -94 reconstruction, MN /DOT has proposed to,detour southbound T.H. 100 traffic via Freeway Boulevard, Shingle Creek Parkway and Summit Drive. He stated that because Summit Drive is inadequate to carry the increased volume ,'MN/DOT has agreed to pay the costs for widening and upgrading the bituminous surface on this street. He stated it is recommended by City staff that the City design and construct this road under a cooperative agreement with`MN /DOT providing full reimbursement for bituminous surfacing costs Councilmember Kuefler left the table at 7:40 p.m. The Director of Public Works proceeded to show a series of overhead projections showing the proposed reconstruction of I -94. Councilmember Kuefler returned to the table at 7:44 p.m. The Director of Public Works explained that in stage one of the construction project, Humboldt Avenue traffic flow will remain about the same as it is now and that stage one will start in 1980 but no definite time frame has been received from - the State for the project. He explained that in stage two, the old Humboldt Avenue bridge will be taken out of service. He indicated that during stage two, the ramps on Shingle Creek Parkway will be open to traffic: He explained that the issue before the Council is the improvement of Summit Drive and that Summit Drive will become the permanent exit off 694. The Director of Public Works stated that stage three of the construction project will emphasize the building of ramps and the Humboldt Avenue bridges. He noted that stage three will begin sometime in 1982. He explained that stage four 1 -7 -80 -7- of the project will begin in 1983 and will essentially be comprised of finishing the service roads and completing the detail work. He explained that the end result will be a full diamond interchange at Shingle Creek Parkway. He also noted the reconstruction of the entrance to the Civic Center and that the new entrance would be directly opposite to the ramps on the freeway interchange. He explained that this intersection will be signalized. ' The City Manager explained that the construction of the interchange necessitated the design change in the entrance to the Civic Center and that a full interchange was not anticipated at the time of the original construction of the Civic Center entrance. Councilmember Kuefler inquired whether the east /west- traffic flow on 694 will be undisturbed during the construction. The City Manager explained that the east /west traffic flow on 694 will likely be improved during the construction period. RESOLUTION NO. 80 -13 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING STREET IMPROVEMENT PROJECT NO. 1980 -1 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -14 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CURB AND GUTTER IMPROVEMENT PROJECT NO. 1980 -2 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken 'thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -15 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECT NO. 1980 -3 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -16 ember Gene Lhotka introduced the following resolution and moved its adoption: M RESOLUTION ESTABLISHING CIVIC CENTER ACCESS IMPROVEMENT PROJECT NO. 1980 -4 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 1 -7 -80 -8- The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City, Manager introduced a resolution authorizing the City Manager to execute an agreement for soil testing services for the athletic field lighting in Central Park. Councilmember Lhotka questioned what will be tested. The City Manager explained that the testing will be done to find out where the lighting poles can be placed in an effort to save money on the project. RESOLUTION NO. 80 -17 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR SOILS INVESTIGATION IN CONJUNCTION WITH ATHLETIC FIELD LIGHTING IN CENTRAL PARK (CENTRAL PARK IMPROVEMENT PROJECT 1978 -41) 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the City Clerk to take bids for a street sweeper for the Street Division of the Public Works Department. He explained this item is authorized in the 1980 budget and specifications have been prepared by the Street Department. Councilmember Fignar questioned whether the purchase of the street sweeper was an addition to the present equipment. The City Manager explained that it was an additional item of equipment. Councilmember Kuefler inquired who is responsible for cleaning and who pays for the dirt spills by the construction companies working in the area. The City Manager explained that the construction company cleans up and in cases where the City has to supply the equipment to clean the spill, the cost is charged to the construction company. RESOLUTION NO. 80 -18 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE FURNISHING AND DELIVERY OF ONE (1) THREE -WHEEL TYPE STREET SWEEPER WITH ELEVATING HOPPER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution amending the 1980 General Fund Budget to provide for wage and salary adjustments. He also recommended that the pay range for the vacant position of Civil Engineer I in the Engineering Department be adjusted in the 1980 employee position and classification plan. He noted it is the staff's recommendation that the pay range for the Civil Engineer I position be set at $1,540 per month to $1,830 per month which is grade range S21A to S24C in the supervisory and professional schedule. 1 -7 -80 -9- RESOLUTION NO. 80 -19 ; Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1980 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon_, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to adjust the salary range of the Civil Engineer I position in the 1980 employee position and classification plan to $1,540 per month to $1,830 per month. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.. Voting against: none. The motion passed unanimously. The City Manager introduced "a resolution authorizing the City Manager to write -off uncollectible checks. The Director of Finance explained that registered letters were sent to individuals with uncollectible checks and that they were subsequently turned over to the courts. He explained that the resolution embodies an accumula- tion of uncollectible checks since 1975. Councilmember Lhotka questioned what the City's policy was on bad checks. The Director of Finance explained that each liquor store has a file of bad checks and that employees are instructed to compare each check against the file. Councilmember Fignar questioned whether most of the uncollectible checks were from residents of Brooklyn Center. The Director of Finance explained that most were residents but that they maintained their residency in Brooklyn Center for only a short period. RESOLUTION NO. 80 -20 Member Gene Lhotka introduced the following resolution and moved its adoption; RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -21 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION REGARDING MAYOR NYOUIST'S 1980 SALARY The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Nyquist abstained. The City Manager introdQced a resolution authorizing the purchase of a step van for the Fire Department. He recommended that the bid from Iten Chevrolet in the 1 -7 -80 -10- amount of $14,500 be accepted. He also explained that two vehicles will be removed from service when the step van is added. RESOLUTION NO. 80 -22 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR 14,000 GVW STEP VAN WITH 14.6 FEET ALUMINUM BODY The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; 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 8:29 p.m. and reconvened at 8:50 p.m. RESOLUTION NO. 80 -23 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING JANUARY AS CHAMBER OF COMMERCE MONTH The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof:- Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing a joint powers agreement nor the Suburban Police Recruitment System. Councilmember Scott commented on the high turnover rate recently experienced in the Police Department and requested that the City Manager introduced the new officers to the City Council at an upcoming meeting. The Council briefly discussed a letter from Bruce Nawrocki, Mayor of Columbia Heights, to suburban Mayors and City Managers. Councilmember Kuefler commented on a specific section of Mr. Nawrocki's letter which questioned a section of the joint powers agreement which limited the directors and alternate directors to the Suburban Police Recruitment System to the chief administrative officer, assistant chief administrative officer, chief of police, or the chief's first assistant. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to delete the last sentence in section 2 under "IV Board of Directors" on page 2 of the joint and cooperative agreement for the Suburban Police Recruitment System. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Fignar asked for clarification of Mr. Nawrocki's second point in his letter stating that the agreement gives the Board the authority to establish and collect dues and various service charges without any apparent restrictions, since withdrawl from the organization is allowable only 30 days after written notice through the Board. The City Manager stated that he feels Mr. Nawrocki's statement is not completely accurate and that any community can drop out of the organization at any time. RESOLUTION NO. 80 -24 Member Tony Kuefler introduced the following resolution and moved its adoption: 1 -7-80 -11- RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT FOR SUBURBAN POLICE RECRUITMENT SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager inquired of the Council whether they desired to appoint a director and alternate director to the Suburban Police Recruitment System. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to appoint Gerald Splinter, City Manager, as director and James Lindsay, Chief of Police, as alternate director to the Suburban Police Recruitment System. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION NO_ 80 -25 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -26 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF THREE ALUMINUM OUTDOOR LIGHTING UNITS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -27 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 50,000 GVW TANDEM AXLE DUMP TRUCK WITH DIESEL ENGINE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted, in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Nyquist suggested that commendatory resolutions be prepared for outgoing commission members including: Lea Hickman, of the Park and Recreation Commission, Joyce Tolve, of the Human Rights Commission, Patricia Weitzel, of the Housing Commission, and Harold Pierce, of the Planning Commission. .There' was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to direct City staff to prepare resolutions expressing recognition and apprecia- 1 -7 -30 -12- Lion for the public service of Lea Hickman, Joyce Tolve, Patricia Weitzel, and Harold Pierce. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ORDINANCES The City Manager introduced an ordinance amending Chapter 35 regarding setbacks from major thoroughfares. He stated that the ordinance is recommended for an amended first reading, and that the ordinance was first read at the October 22, 1979 City Council meeting. He explained the staff is requesting that the discretion originally granted to the staff by the Council in relation to this ordinance be rescinded and that the language in the amended ordinance be substituted. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to offer for first reading an ordinance amending Chapter 35 regarding setbacks from major thoroughfares. - Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. OFFER TO PURCHASE 7100 BROOKLYN BOULEVARD PROPERTY The City Manager explained that an agreement for the sale of the old City Hall property had been received from David H. Rotter and Roy J. Lund., a general partnership, and that it is being presented to the Council for review. Fie added that the City staff is not making a recommendation on the purchase agree- ment, but is simply presenting it for review. The City Attorney stated that he believes the parties wishing to purchase the property want to secure the property without a great deal of risk. He indicated he would recommend that deadlines should not be extended for this offer since he believes that certain forms of federally guaranteed mortgage money will become more plentiful during the election year. Councilmember Kuefler questioned how the proposal would fit with the Comprehensive Plan. The Director of Planning and Inspection stated that the current zoning in the area is R -5 and that service /office type uses are permitted in the R -5 zone " with a special use permit. He noted the Comprehensive Plan recommends an R -3 use for this area. He also noted that neighbors in the area have expressed an interest in seeing a service /office type use as opposed to residential use for this area. Councilmember Kuefler questioned what the current cost of the type of building proposed in the purchase agreement might be. Mayor Nyquist stated that he estimated the cost of an office type building to be approximately $45 per square foot. The City Manager stated that he feels the City can get a better offer for the property in the future when mortgage money becomes more available. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to reject the agreement for the sale of the old City Hall property received from David H. Rotter' and Roy J. Lund, a general partnership. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. REVIEW OF PROPOSALS FOR A CITY PROSECUTOR The City Manager introduced the next item on the aaenda which was a review of proposals for the City Prosecutor position. Councilmember Kuefler inquired whether special cases like the Howe case were part of the prosecutor's role. 1 -7 -80 -13- The City Manager explained that if the case involves a tag issued by the Police Department, then the prosecutor is involved. He explained that the prosecutor normally handles ordinance violations and misdemeanor violations. Councilmember Kuefler expressed a concern over whether or not a flat fee would cover all services provided by a prosecutor. Mr. William Clelland, who was 'present in the audience, requested that he might address the Council regarding his offer and explained that a flat fee would cover all prosecution for the City. He explained that attorneys' fees would not exceed the flat rate and that associated fees, involving printing, transcripts, etc. would be billed separately. Councilmember Fignar questioned City Attorney, Richard Schieffer, regarding an item in his proposal concerning the split in the work between the prosecutor and the City Attorney. The City Attorney noted that in zoning, fire code, and other code violations, the case can go into civil or criminal courts or both. He recommended that decisions on how this type of work should be divided between the City Attorney and the City Prosecutor should be made by a single office in the City. Councilmember Fignar inquired of the City Attorney whether in areas of civil jurisdiction, whether his office would also prosecute. The City Attorney explained that in this instance his firm would prosecute if it would be essential to the civil case. Councilmember Lhotka requested information relating to the number of trials over the past several months. The City Attorney explained that the law clerk for his law firm does not breakout the number of trials for each municipality handled by the firm since there are numerous cities handled by his law firm. Councilmember Fignar inquired how the success ratio is measured for jury trials. The City Attorney explained it is difficult to measure and that the biggest cost is negotiated pleas. He noted the Chief of Police is generally a barometer of how a firm is doing on negotiated pleas. He also stated that there may be a reverse problem where the firm may be going to trial too often and that a balance is needed between trials and negotiated pleas-. Mayor Nyquist inquired whether there would be any problems administratively with the separation of the City Attorney's and City Prosecutor's office. The City Manager responded noting that there would be problems but they would not be insurmountable. He noted that some cities do have the offices split and others do not and that it is not considered unusual to operate either way. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to appoint the firm of LeFevere, Lefler, Pearson, O'Brien & Drawz for all City legal work. In discussion of the motion, Councilmember Fignar noted that he had talked with past Council members who indicated they would tend to support individuals who have done the best job for them in the past. He noted that Bill Clelland had done an outstanding job as City Prosecutor in the past and he would prefer to see the positions split between the two firms." He added that Mr. Schieffer's firm represents some of our neighboring cities and that he questioned whether there could be a potential conflict of interest related to this unique position although he added that this would not appear to be likely. 1 -7 -80 -14- Councilmember Kuefler noted that both firms have worked well for the City and that he sees continuity as a value in this situation and that the past five to six months have indicated that there are certain efficiencies related to a larger firm. Councilmember Kuefler stated that he would make an addition to the motion on the floor stipulating that the firm LeFevere, Lefler, Pearson, O'Brien & Drawz be required to maintain an office in Brooklyn Center if this was acceptable to Councilmember Lhotka who seconded the motion. Councilmember Lhotka stated that he would accept this addition to the motion on the floor. Mayor Nyquist stated that the Police Department is concerned with the maintenance of continuity in the prosecutor's office and inquired what would happen if the current prosecutor would leave the firma The City Attorney stated that he would expect that the firm would retain the prosecutor position. He stated that Jim Larson, the current City Prosecutor, has committed himself to at least two years to the City of Brooklyn Center and feels that a larger orgnization lends itself to continuity in his 'office, Mr. William Clelland requested to address the Council and stated that he feels he can offer the continuity the Council is seeking. Mayor Nyquist inquired what the 1980 total projected cost would be for the City Prosecutor. The City Attorney stated that the information from the law clerk in his firm is that the court will handle more cases in the future and that Brooklyn Center has been stable on costs in the past and he doesn't see a big °increase in the area of checks, thefts, DWI's, etc., which is the bulk of prosecution. The City Attorney stated that he doesn't feel the last six months of service would be any higher than the first s months. Mayor Nyquist questioned whether a maximum figure could be given. The City Attorney explained that if the firm did this for Brooklyn Center, it would have to do it for the other cities it handles and that it is not possible to predict where a large or special case may come along. He stated that he feels his firm cannot run the risk of offering a flat fee and feels that the firm is currently as economi- cal as any in the area. Councilmember Scott questioned the City Attorney whether he would be agreeable to the Council being able to approve both the City Prosecutor and the City Attorney. The City Manager stated that he feels the City should have that ability to approve persons for both positions. The City Attorney indicated that this procedure would be acceptable to his firm.' Mr. William Clelland.requested to address the Council and stated that he can assure a cost of $21,000 per year in 1980 at $40 per hour without diminution of services and that he will personally engage in the prosecution. Mayor Nyquist called for a vote on the motion on the floor. Voting,in favor: Councilmembers Kuefler, Lhotka, and Scott. Voting against: Councilmember Fignar. The motion passed. Mayor Nyquist abstained. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the following list of licenses: 1 -7 -80 -15- BENCH LICENSE U. S. Bench Corporation 3300 Snelling Ave. CIGARETTE LICENSE Big -Bi Service Station 5710 Xerxes Ave. No. Brookdale Cinema 5801 John Martin Dr. Dahlco Music & Vending Co. 119 State Street Ground Round Restaurant 2545 County Road 10 Happy Dragon Restaurant 5532 Brooklyn Blvd. Ideal Drug 6800 Humboldt Ave. No. Interstate United Corp. 1091 Pierce Butler Rt.. State Farm Ins. 5930 Shingle Creek Pkwy. K-Mart 5930 Earle Brown Dr. Lemon Tree Restaurant 5540 Brooklyn Blvd. Midwest Vending Company 8645 5th Avenue So. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Rog & Jim's Superette 6912 Brooklyn Blvd. Servomation 7490 Central Ave. N.E. Brooklyn? Center Post Office 6848 Lee Ave.'No. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Earle Brown Office Bldg. 6040 Earle Brown Dr. Iten Chevrolet 6701 Brooklyn Blvd. J. C. Penney's Brookdale Shopping Ctr. 7- Eleven Food Stores 7841 62nd Ave. No. 7- Eleven 1500 69th Ave. No. COMMERCIAL KENNEL LICENSE K -Mart 5930 Earle Brown Dr. FOOD ESTABLISHMENT LICENSE 7- Eleven Food Stores 7841 62nd Ave. No. 7- Eleven 1500 69th Ave. No. Smoke Hause Wood Pit Barbecue 5001 Drew Ave. No. GASOLINE SERVICE STATION LICEN Big -Bi Service Station i 5710 Xerxes Ave. No. Plum Company 6840 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT LICENSE Gulfstream Seafood Co. 4017 -48 Cottage Hill Rd. (Northbrook Shopping Center) MECHANICAL SYSTEM'S LICENSE Consolidated Plumbing & Heating 1530 E. Cliff Rd. 1 -7 -80 -16- OFF -SALE NONINTOXICATING LIQUOR LICENSE Rog & Jim's Superette 6912 Brooklyn Blvd. 7- Eleven Food Stores 7841 62nd Ave. No. 7- Eleven 1500 69th Ave. No. RENTAL DWELLING LICENSE Renewal: Walter & Rebecca Kocemba 2401,03 54th Ave. No. Transfer: _James & Constance Fandrich 1215,17 54th Ave. No. Ralph Anderson, Leroy Tauer, & Robert Wamhoff 5401 63rd Ave. No. SIGN HANGER'S LICENSE Ivy Sign Company 9029 18th Ave. So. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Lhotka introduced an item from the Human Rights Commission, which was not on the agenda. He explained that the item involved a Commission member who had provided excellent service to the Human Rights Commission in the past but due to a lack of attendance in recent months, the Chairman of the Human Rights Commission recommended that Commission member Jerome Campion be removed from his office on the Human Rights Commission. Councilmember Lhotka explained that Commissioner Campion had an extremely poor record of attendance in past months and that it included three consecutive unexcused absences from Commission .meetings. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to declare Commissioner Campion's position on the Human Rights Commission vacant. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Kuefler introduced an item which was not on the agenda relating to the problem at the intersection of Lyndale and 57th Avenue and proposed that a resolution be drafted by City staff regarding this problem. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to request City staff to draft a resolution requesting the Minnesota Department of Transportation to provide a solution to the safety problem at the intersection of Lyndale Avenue and 57th Avenue. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Scott introduced an item which was not on the agenda and noted that on Wednesday, January 9 at 7 :30 p.m. there would be a meeting of the industrial revenue bond committee at City Hall. 1 -7 -80 -17- ADJOURNMENT Motion by Councilmember Scott and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhctka, and Scott_ Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:05 p.m. � Clerk May 1 -7 -80 -18-