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HomeMy WebLinkAbout1980 03-10 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 MARCH 10, 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 7:03 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 Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Richard Schieffer, Park and Recreation Director Gene Hagel, Civil Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Glad of the Harron United Methodist Church. APPROVAL OF MINUTES - FEBRUARY 25, 1980 There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of February 25, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. 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. FINAL PLAT 'APPROVAL The City Manager introduced the next item on the agenda which was a request for final plat approval of Tract N of RLS 1325 located on the southerly side of John Martin Drive between Perkins and State Farm. He explained that final plat approval is requested for the subdivision of Tract N of RLS 1325 into two lots with one of the lots being developed by Burger Brothers. The Director of Public Works noted that the plat had received preliminary approval from the City Council in July, 1977. He explained that the staff is recommending final approval of the ,plat subject to certain conditions which include review by the City Engineer, compliance with the requirements of Chapter 15 of the City ordinances, joint access agreements, and a utility easement along the southeast property line. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the final plat of Tract N of RLS 1325 located on the southerly side of John Martin Drive between Perkins and State Farm subject to the following conditions: 1. The final RLS is subject to review by the City Engineer. 2. The final RLS is subject to the requirements of Chapter 15 of the City Ordinances. 3 - 10 -80 -1- 3. Joint access, common driving and maintenance agreements between the owners of Tracts A and B as approved by the . City Engineer shall be filed with the title to the property. 4. A fifteen foot drainage and utility easement along the southeast property line for use by the property at 5901 John Martin Drive shall be filed with the title to the property. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. SUBDIVISION BOND REDUCTION The City Manager introduced the next agenda item which was a request for a sub - division bond reduction for RLS 1409 located on 73rd Avenue North between Logan Avenue and east of Knox. He explained the bond reduction request is to reduce the financial performance guarantee from $3,000 to $1,000. The Director of Public Works stated that the subdivision has been developed over the last two years and that.the staff believes the remaining $1,000 of financial performance guarantee is adequate to cover the remaining work to be completed on the subdivision. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the subdivsion bond reduction from $3,000 to $1,000 for RLS 1409 located on 73rd Avenue North between Logan Avenue and east of Knox. Voting in Z avor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. - Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution accepting bids and approving contract form for Contract 1980 -A (53rd Avenue reconstruction). He explained that bids for this project were opened on March 4, 1980. He stated it is recommended by the City staff that the bid of Thomas & Sons Construction in the amount of $843,436 be accepted. He explained the City of Minneapolis and the Minnesota Department of Transportation have both approved the project plans and specifica- tions. The Director of Public Works noted that the City of Minneapolis has appointed, by agreement, the City of Brooklyn Center to be the agent for the contract. Councilmember Kuefler inquired whether the City had received any feedback on the roadway width planned for the project. The Director of Public Works indicated that he had received one letter from a resident in the project area asking that the street in front of his residence be narrowed from 22 feet to 16 feet. He added that a report will be submitted to the City Council at the next Council meeting regarding feedback received from residents in the project area. Councilmember Fignar inquired whether a performance bond would be required of the contractor. The Director of Public Works stated that a performance bond, in the amount of the contract, will be required of the contractor. He explained that Thomas & Sons Construction is a three year old company but that the principal in the company has considerable work experience with PCI. He added that Thomas & Sons have had several contracts with other municipalities and also the State of Minnesota and that reports received on their work indicated that they are responsible bidders. 3 -10 -80 -2- RESOLUTION NO. 80 -62 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM 53RD AVENUE NORTH RECONSTRUCTION - CONTRACT 1980 -A 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 accepting bids and approving contract form for Contract 1980 -B (diseased shade tree removal project). He explained that bids for this project were opened on March 4, 1980 and it is recommended by the City staff that the bid of Clark Landscaping in the amount of $24,851 be accepted. He added that Clark Landscaping was found to be a responsible bidder and that there are approximately 200 trees to be removed this season. Councilmember Lhotka inquired what size crew Clark Landscaping works with. The Park and Recreation Director stated that Clark Landscaping's crew will consist of `10 to 12 men. Councilmember Lhotka questioned whether the owner of the company is required to be part of the crew or can they function without him. He explained that he is concerned with the completion of the tree removal in the most expeditious manner possible. The Park and Recreation Director explained that the owner is not a working member of the crew and that they normally function without his direction. The City Manager noted that the Cities of Columbia Heights and Maplewood have had experience with Clark Landscaping and they both reported that their work was very good. Councilmember Lhotka stated that if the penalty clause is broken by the contractor, he believes the City should go to the second contractor on the list immediately to prevent any delay in the removal of the diseased trees. Councilmember Kuefler questioned whether he was correct in assuming that the bid of $24,851 is an estimate. The Director of Public Works explained that the bid was an estimate and that the final bill will depend on the actual number of trees removed. RESOLUTION NO. 80 -63 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM DISEASED SHADE TREE REMOVAL CONTRACT 1980 -B 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 explained that the next item on the agenda was a resolution authorizing the purchase of a maintenance contract for six cash registers and should be deleted from the agenda. He noted that a separate resolution for th.e maintenance contract is not required since it was approved as part of the original equipment purchase agreement. 3 -10 -80 -3- The City Manager introduced a resolution authorizing the purchase of 1,400 . feet of Fire Department supply hose. Councilmember Fignar inquired as to the life expectancy of this type of hose. The City Manager explained that the life expectancy is approximately ten years unless the hose is damaged in a fire. RESOLUTION NO. 80 -64 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCAHSE OF 1,400 FEET OF 5" FIRE SUPPLY HOSE 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 authorizing the City of Brooklyn Center to participate in the Justice System Improvement Act of 1979. He noted that this Act reauthorizes and restructures the LEAA Federal Grant -in -Aid Program to state and local units of government. He added that the Act would allow the City to join with other Hennepin County communities in order to secure a better chance of project funding. Councilmember Fignar inquired whether there would be a budget required for participation in the Justice System Improvement Act. The City Manager explained there would be no expense to the City to join the other communities. Councilmember Scott questioned whether the organization required for the member communities to participate in the Act had already been established. The City Manager stated that it was and that there are projects now being submitted by other cities but that the City of Brooklyn Center does not currently have any projects submitted. He added that joining this group would give the City a better chance of funding if projects are submitted in the future. RESOLUTION NO. 80 -65 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO PARTICIPATE IN THE JUSTICE SYSTEM IMPROVEMENT ACT OF 1979 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 regarding the disposition of Planning Commission Application No. 80004 submitted by Mr. William Norenberg. RESOLUTION NO. 80 -66 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 80004 SUBMITTED BY MR. WILLIAM NORENBERG 3 -10 -80 -4- 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. ACCEPTANCE OF FIRE DEPARTMENT RELIEF ASSOC FINANCIAL STATEMENT The City Manager introduced the next agenda item and recommended that a motion be made by the City Council accepting the Fire Department Relief Association Financial Statement as of December 31, 1979 in accordance with the State Statutes establishing the Firemen's Relief Association Pension Fund. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to accept the Fire Department Relief Association Financial Statement as of December 31, 1979 in accordance with the State Statutes establishing the Fire- men's Relief Association Pension Fund. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPROVAL OF THE PURCHASE OF A WASHING MACHINE FOR THE WEST FIRE STATION The City <Manager ' explained it is recommended that a motion be made by the City Council approving the purchase of a washing machine for the West Fire Station to be paid from the existing 1980 Fire Department capital outlay budget appro- priations. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the purchase of a washing machine for the West Fire Station. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPROVAL OF THE PURCHASE OF A BELT SANDER FOR THE PARK AND RECREATION DEPARTMENT The City Manager recommended that a motion be made by the City Council approving the purchase of a belt sander for the Park and Recreation Department to be paid from the Park and Recreation Department capital outlay budget appropriations. He added that it is recommended the quotation of Crystal Electric in the amount of $225 be accepted. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the purchase of a belt sander for the Park and Recreation Department and to accept the quotation of Crystal Electric in the amount of $225. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. REVIEW OF STATE LAWS REGULATING GAMBLING Mayor Nyquist noted that since it was not yet time for the scheduled public hearing on the park bond issue, the Council should move to the first discussion item. Councilmember Fignar` informed the Council that he had received phone calls from the Northport PTA regarding their application for a gambling license indicating to him that they believe the application and reporting process requires them to maintain too many records and monthly reports. He added that the PTA is concerned that, because of the complicated application and reporting procedure, they will not be able to.get volunteers to organize and run a fund raising event. They Chief of Police, James Lindsay, arrived at 7 :35 p.m. 3 -10 -80 -5- Councilmember Fignar noted that last year, the PTA sold gambling tickets for 10� a piece and they raised a total of $2,500 from which they purchased cross ° country skis and equipment for school children. He added that the gambling law may be depriving young people of funds for such activities in the future. He stated that the PTA has indicated their efforts for fund raising will be abandoned, if the law remains as it is. Councilmember Fignar suggested that the Council request legislators to repeal at least part of the laws on gambling. Councilmember Kuefler stated that he concurs with Councilmember Fignar and that if the intent of the legislation was to prevent racketeering in gambling, the legislature has certainly over - legislated in this instance, Councilmember Scott added that many cities are not enforcing the law, unlike Brooklyn Center, where a great deal of staff time is spent in administering the State law on gambling, The City Manager pointed out that, to his knowledge, not many municipalities are enforcing the State regulations on gambling. He added that the City staff believes it is enforcing the State law properly. He suggested that the staff could forward copies of the memorandum on State licensing regulations on gambling dated March 7, 1980 to local legislators and the League of Cities, along with a Council motion to support the changes in the State law suggested in the memorandum. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to support the recommended changes in State laws governing the regulation of gambling as outlined in the staff memorandum on State licensing regulations on gambling dated March 7, 1980. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimouslv. PUBLIC HEARING ON PARK BOND ISSUE Mayor Nyquist noted that it was time for the scheduled public hearing on the park bond issue. Councilmember Kuefler suggested that the City staff present slides showing an overview of the park bond issue for the _benefit of anyone in the audience who was not completely familiar with the proposed bond issue. The City Manager proceeded to make a slide presentation showing the current development of parks and the development proposed for the bond issue. The slide presentation also noted the development of the Shingle Creek trailway system and the development proposed for Central Park, including activities for the elderly, handicapped, young adults, and youth. Mayor Nyquist opened the meeting for the purpose of a public hearing on the park bond issue. Mayor Nyquist recognized Mr. Dave Skeels, Chairman of the Citizens Committee working on the park bond issue. Mr. Skeels stated that the Committee, along with the Park and Recreation Commission, has approved a development and financial plan for the park bond issue and that the Citizens Committee has prepared numerous questions and answers related to the park bond issue to help inform residents` about the park bond issue. He added that the Citizens Committee is pleased to serve as an additional resource to the City Council regarding the park bond issue. Mayor Nyquist recognized a resident from 62nd and Major who stated that she feels a fence around the arboretum would be beneficial to'prevent illicit use of the park. She added that she would also like assurances that the turnaround at the end of Major would be made a hardtop surface. She also stated that in visits to 3 -10 -80 -6- , Kylawn Park, she has noted broken glass in the parking lots and that perhaps more funds should be budgeted for park maintenance. The City Manager noted that the turnaround at the end of Major is essentially a makeshift cul -de -sac and was not planned in the original street construction. He added that at the present time, no entrance to the arboretum is being planned at the end of Major. Mayor Nyquist recognized a member of the Citizens Committee who wished to address the Council who inquired how the City can assure that the additional $50,000 proposed for park maintenance will in fact be used for park maintenance work only. He also questioned whav a 20 year bond issue is necessary rather than a shorter time period. The City Manager explained that the proposed 20 year issue may turn out to be only 15 or 17 years. He added that the bond consultants for the City have indicated that a 15 to 20 year issue, given the current debt of the City, looked to be the best financial proposition at this point. He added that the City is quite some distance from its legal debt limit. He pointed out that the $50,000 proposed for park maintenance would not be part of the debt levy but that it would be part of the general levy. He explained that the City's accounting procedures would give the exact number of hours that employees spend on park maintenance and that this information is available to the public. Mayor Nyquist recognized Mr. Henry Bogucki who wished to address the Council. Mr. Bogucki pointed out that he is concerned with the parking lots proposed in the park bond issue. He stated that Willow Lane School has a rather large parking lot and believes that a parking lot for the City park would be a waste of money and that this was also the situation at the Evergreen School. He added that he hopes the same standards will be applied to City parks as are applied to commercial property in the City, such as the requirement for berms which would add to the aesthetics of the park and also to noise control in the park. _ Mayor Nyquist recognized a member of the audience who stated that he does not believe parking lots should be a high priority and that perhaps smaller parking lots could be designed for City parks. The City Manager explained that berming was contemplated for City parks but that berms provide secluded areas which invite mayhem and illicit uses of the park and as a result were deleted from the park plans. He added that the elimination of the berms was in response to input from the neighborhoods surround - ing,local parks. Addressing the size of parking lots, the City Manager stated that many residents do not want persons using the parks to park on local streets. He added that some residents.may not mind park users parking on the streets but that a balance is necessary between the desires of these two groups. Counclmember Lhotka inquired whether there would be any agreements necessary to allow the use of the school parking lots by park users. The City Manager indicated that agreements could be made but that a complete substitution of the school arkin P g lots for the lots in the parks may not be possible. He stated that the staff will investigate this matter further. Mayor Nyquist recognized Jackie Albright, a member of the .Park and Recreation Com- mission, who inquired whether the City would have the right to use the school lots. The City Attorney noted that the schools can give the City the right to use their lots by agreement. 3 -10 -80 -7- Mayor Nyquist recognized Mr. Henry Bogucki who suggested that the City Council contact the schools for agreements to use the lots rather than City staff. Mayor Nyquist recognized a member of the Citizens Committee who expressed a concern with the ceiling on the interest rate for municipal bonds'. The City Manager explained that the interest rate on municipal bonds is not now reasonable. He added that if there is an increase allowed in the interest rate, there would not be much cost difference to households if the limit were increased from 7% to 90. He added that the State Legislature is now looking at 'a bill to change the bond ceiling. Mayor Nyquist recognized a member of the Citizens Committee who stated that he felt a great deal of money was being spent on parking lots and questioned the development of the survey that lead to recommending the paving of the lots. He noted that there is sand in the apparatus areas which will also create dust and that he believes it is cheaper to maintain a gravel lot as opposed to asphalt. He also indicated that Central Park is intended to reduce the use of neighborhood parks, thereby reducing the amount of traffic in the parking lots. The City Manager explained that the apparatus areas do not produce as much dust as the parking lots. He noted that there would be additional maintenance involved with paved parking lots but that because of the favorable soil conditions in Brooklyn Center, the asphalt lots stand up very well. He added that the major reason for sand under the playground apparatus equipment is to prevent injuries. The Park and Recreation Director added that the Park Area Service Committees gave the highest priority to paving the parking lots. _ Mayor Nyquist recognized Mr. Ron Christensen, a member of the Citizens Committee, who indicated that in his neighborhood the residents prefer the blacktopping of the lots. He also inquired whether the City would be publishing an informational brochure regarding the park bond issue. Councilmember Kuefler' responded that the City has a responsibility to explain the bond issue to the residents but that the City may not promote the issue. Mr. Christensen also asked whether drawings of neighborhood parks would be made available to residents. The City Manager stated that drawings are available and that the City will be arranging meetings with the residents of the various park areas. Mayor Nyquist recognized Dawn Kiefer, a member of the Park and Recreation Commission, who inquired how residents might arrange a neighborhood meeting with the City. The City Manager stated that residents could 'contact either himself or the Park and Recreation Director, Gene Hagel. Mr. Ron Christensen questioned whether similar meetings in the neighborhoods would be set up to discuss the enforcement problems in neighborhood parks. The City Manager indicated that they would be and that residents could contact him regarding arrangements for these meetings. Mr. Christensen referred to question number 7 on the list of prepared questions and answers developed by the Citizens Committee. Referring to question number 7 regarding the level of maintenance in parks, he inquired how closely the mainte- nance schedule is being followed and also how residents can get more response in the maintenance area. The City Manager explained that if maintenance problems are brought to the attention of City staff, they will address those concerns. He added that maintenance concerns are also addressed at budget time and that the City then examines its maintenance priorities with regard to the budget. 3 -10 -80 -8- Mr. Ron Christensen commended the City staff, Council, and the Park and Recrea- tion Commission for pursuing the state and federal grants to develop City parks. He inquired how much of the grant money has already been committed by the funding agencies. The City Manager explained that the City has $700,000 committed and under contract currently in Central Park. He added that the City has a 90a chance of receiving the additional $600,000 grant amount for the remainder of Central Park and that the City has an 80o chance of receiving the remainder of the total grant request for the development of Palmer Lake. Mayor Nyquist recognized Jackie Albright who noted that the blacktopping of the parking lots is an important consideration for handicapped accessibility to the parks. Mayor Nyquist recognized Mr. Henry Bogucki who stated that he is concerned with the watering of the trees planted at Willow Lane Park. Mayor Nyquist recognized a member of the audience who indicated that she was from the Grandview area and questioned when the bond vote would be on the ballot indicating that she feels more meetings should be held regarding the bond issue. Mayor Nyquist recognized a member of the Citizens Committee who questioned what would happen if the bond fails or what would be the outcome if only the maintenance portion of the bond issue fails. Councilmember Kuefler explained that, in the past, the primary concern has been for the acquisition of park land for the City. He explained that the proposed bond issue is an all or nothing proposition which includes the improvements along with the park maintenance. He noted that the City is now within $6,000 of its levy limit and that with the addition of the $50,000 required for park maintenance, a vote will be necessary to increase the levy limit. Mayor Nyquist recognized Dawn Kiefer who stated that as a member of the Park and Recreation Commission; she would invite everyone present to view the drawings of the parks and also requested that any members of the audience who are interested could assist the Citizens Committee to inform residents of the park bond issue. Mayor Nyquist thanked everyone who had contributed to the work on the park develop- ment plan and bond issue and closed the public hearing on the park bond issue. Councilmember Fignar stated that the President of the Senior Babe Ruth League in Brooklyn Center had 'asked him to relay their concerns that when Grandview Park is not available, the League is required to rent fields from the High School. He indicated that the President of the League requested that one diamond in Central Park be scaled to Babe Ruth League size. Councilmember Kuefler stated that he would like to hold the next two weeks open for more public input on the park bond issue but also feels that the City should move toward setting a date for the bond issue. The City Manager explained that a series of resolutions will be necessary to facilitate the bond issue. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to direct the City staff to prepare resolutions required for the park bond issue and to hold another public hearing on the park bond issue. voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:40 p.m. and reconvened at 9:02 p.m. 3 -10 -80 -9- APPEARANCE BY STATE LEGISLAl'ORS Mayor Nyquist noted that Representative Lyndon Carlson was present at this evening's meeting. Representative Carlson noted that there are numerous hearings at this point in the legislative session and that is the reason why the other representatives are not present at this evening's meeting. The City Manager referred the Council to a staff memorandum regarding items for discussion with the State Legislators. The City Manager reviewed the eight discussion items prepared by the City staff. Representative Carlson stated that there is a great deal of interest by State Legislators on changing the 7% cap on bond rates. He indicated that, at this point, nothing has come out on the House floor. Councilmembers Lhotka and Kuefler returned to the table at 9:07 p.m. In discussion of enabling legislation allowing income consideration in setting sewer rates, Councilmember Fignar stated this is a concern with senior citizens where more than two persons reside in the same house. Representative Carlson noted that he and Representative Ellingson had met with the City Manager and Administrative Assistant Brad Hoffman to discuss the sewer rate bill and that both the sewer rate bill and the land conveyance bill have been introduced in the House. The City Manager stated that the records show that two person senior citizen households use less water but that perhaps income would be a better measure than the size of households for adjusting the sewer rates since some two person senior citizen households are able to pay the full rate. Councilmember Kuefler inquired how many of the eight items in the memorandum had legislation pending. The City Manager indicated that item #1 had pending legislation, item #2 had met with some difficulty, item #3 was in the Senate, item #4 was in Committee, items #5 and #6 had pending legislation, item #7 had a 50 -50 chance of passage, and for item #8 there was no bill introduced. Councilmember Lhotka inquired what the problem was with the speed limit bill. Representative Carlson stated that the Highway Department was concerned that municipalities would change the speed limits back and forth too frequently. Councilmember Fignar commented that he had seen 25 mph limits in outstate Minnesota. The City Manager explained that the 25 mph limits are illegal unless the City has declared all City streets to be a'bike path as the City of Minnetonka has done. The Director of Finance stated that he would like the Council to be aware of the legislation pending on self - insurance for municipalities. The City Manager explained that two to three years ago there was a 70% increase in insurance premiums. He noted there is a lack of competition in the insurance industry and that rates have been reduced slightly over the past few years due to discussions of self - insurance primarily by the League of Minnesota Cities. He indicated it would -be useful legislation to have the ability to self - insure even if cities chose not to follow this track. Representative Carlson noted that hospitals began -self- insuring and that their increases in insurance rates were less than they were before hospitals were able to self- insure. Addressing Representative Carlson, Councilmember Scott requested that when cities are mandated to provide certain services by the State, it would be helpful if the legislators considered the cost to the cities of such legislative mandates. 3 -10 -80 -10- On behalf of the City Council, Mayor Nyquist thanked Representative Carlson for appearing at this evening's City Council meeting. MUNICIPAL CONTRACTS FOR REFUSE COLLECTION The City Manager introduced the next item on the agenda which was a discussion of municipal contracts for refuse collection. Referring to the staff memorandum on contracting for residential refuse collection, Councilmember Kuefler noted that it shows a considerable dollar savings and that he would be interested in pursuing this issue further in order for residents to get a lower rate on refuse collection. The City Manager noted that with alley service, a better bid could be obtained but that the City does not have a great number of alleys. He stated that the City staff will refine its investigation of municipal contracting for refuse pickup and present the information to the City Council. Councilmember Scott inquired whether the cities surveyed with regard to municipal contracting for refuse pickup had one hauler do all the contract work. Admini- strative Assistant Bublitz stated that each of the cities had contracted with a single hauler. Councilmember Fignar stated that he would like the staff to further pursue this concept. There was a general consensus by the Council to investigate contracting for residential refuse collection further. A member of the audience addressed the Council and requested that the City consider recycling efforts in its investigation of refuse collection. The City Manager stated that the City could put information on recycling in the next City Manager's newsletter. NEIGHBORHOOD POLICY RECOMMENDATIONS IN THE COMPREHENSIVE PLAN The City Manager explained that the Planning Commission has reviewed the neighborhood recommendations contained in the current Comprehensive Plan and is recommending that a chapter containing neighborhood recommendations be included in the new Comprehensive Plan. The Director of Planning and Inspection explained that the Planning Commission on February 28, 1980 unanimously recommended that the City Council include the neigh- borhood policy recommendations with the proposed Brooklyn Center 1980 Comprehensive Plan. He noted that the neighborhood policy recommendations are not a required part of the Comprehensive Plan mandated by the 1976 Land Planning Act, but it has been decided that policies such as these should be included in the City's Compre- hensive Plan. He added that one of the reasons for the neighborhood recommendations is to clearly define the officially established neighborhoods of the City and to continue with the practice of seeking neighborhood advisory group review and comment on proposed rezonings and Comprehensive Plan amendments. He indicated another purpose for the recommendations is to organize the City's planning efforts into areas which have somewhat separate identities, concerns and needs. The Director of Planning and Inspection pointed out that these recommendations are not necessarily new. He noted they are, for the most part, being retained with some revisions from the City's existing Comprehensive Plan, which was adopted in 1966, and have been used to evaluate development proposals for the past 14 years. He stated some of the original recommendations have not been included because they have either been accomplished or the City's stated policy definitely changed, making their continued inclusion contradictory. The Director of Planning and Inspection noted that most of the input and comment relating to the policy statements have been with respect to plan recommendation #8 for the northeast neighborhood which can be found on page 2 of the recommenda- 3 -10 -80 -11- tions. He explained this policy relates to the Anoka /Brooklyn Center School District common boundary. He indicated that the recommended statement has been revised from the one which appears in the 1966 Comprehensive Plan. He noted the recommended statement generally encourages either a revision of the district boundary line or some other type of agreement which would make better use of existing facilities and also conserve fuel. He added that the policy specifi- cally acknowledges that the responsibility for resolving the situation clearly rests with the respective school districts, with the City assisting in any way possible. The Director of Planning and Inspection explained that copies of the original and revised plan recommendations have been sent to both Douglas Rossi, Brooklyn Center School District Superintendent and Lewis Finch_, Anoka /Hennepin School District Superintendent for review and com*nent. He indicated a copy of the revised recommendations was also sent to the Metropolitan Council at the request of Ms. Barb Senness, who is reviewing school district capital improvement programs for the Metropolitan Council. In summary, the Director of Planning and Inspection stated that another revision to the 1966 plan recommendations is plan recommendation #4 for the southwest neighborhood, dealing with Howe Fertilizer. He explained it is felt that this statement is consistent with the 1966 plan recommendations and also recent actions taken by the City Council. He noted that at the Council's request he has forwarded a copy of the plan recommendations to Mr. Thomas Howe and informed' him that this matter would be considered by the City Council on Monday evening, March 10, 1980. Mayor Nyquist noted that the records should indicate that the Council has received a response to item #4 on page 3 of the policy plan. The City Manager stated that the Metropolitan Council is interested in ascertaining whether the planning process that is outlined in the Land Planning Act is actually effective, which means determining whether results are actually achieved by the planning process. He explained that if the Council approves the policy plan, it will be added to the 1980 Comprehensive Plan. Councilmember Fignar questioned whether item #3 on page 2 of the policy plan contemplated a phase out for the existing greenhouse. The Director of Planning and Inspection stated that the greenhouse is now a nonconforming use but that there is no plan for its phase out. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to adopt the policy plan recommendations as submitted. In discussion of the motion, Councilmember Fignar inquired what the buffer is meant to be for item #7 on page 4 of the policy plan. The City Manager explained that the buffer would consist of plantings. In response to a question by Councilmember Lhotka, the City Manager stated that the staff is not now asking for final approval of the plan but that it is requesting only preliminary approval in order to send the Comprehensive Plan out to neighbor- ing cities for review and comment. Councilmember Fignar questioned what parcel was being referred to in item #4 on page 6 of the policy plan. The Director of Planning and Inspection indicated that it is the area where the Chrysler dealership is located. 3 -10 -80 -12- Mayor Nyquist asked for a vote on the motion on the table. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. CONSULTING ENGINEER FOR CITY HALL SOLAR HEATING SYSTEM The City Manager explained that there is the opportunity for a demonstration grant to develop a solar heating system for the City, Hall and Community Center. He stated that the staff is now seeking authorization to expend some funds to investigate the feasibility of such a project and whether or not it is practical to develop a grant application. He explained that the technical assistance required for the completion of the grant application will cost approximately $3,000 to $5,000 but that the staff is not requesting that amount now but is only requesting a small amount to investigate the feasibility of the project. Councilmember Fignar inquired approximately how much the staff was requesting. The City Manager explained that it may be necessary to expend approximately $200 to investigate the project's feasibility. Councilmember Lhotka questioned whether there was any match required for the demonstration grant. Administrative Assistant Bublitz indicated that there is no local match required for the grant but that the maximum dollar amount of the grant from the Department of Energy is $50,000. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to direct the City staff to pursue the investigation of the feasibility of the solar heating project for City Hall and to authorize the City staff to expend up to $200 to determine whether or not the project is feasible. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously.' LICENSES Motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the following list of licenses: BULK VENDING MACHINES LICENSE K -Mart 5930 Earle Brown Dr. FOOD ESTABLISHMENT LICENSE K -Mart 5930 Earle Brown Dr. Poppin Fresh Pie Shop 5601 Xerxes Ave. No. ITINERANT FOOD ESTABLISHMENT LICENSE Nikki Sevig 5646 Girard Ave. No. Brooklyn Center Jaycee Women Earle Brown School MECHANICAL SYSTEM'S LICENSE Nielsen Sheet Metal, Inc. 6324 Lakeland Ave. No. NONPERISHABLE VENDING MACHINE LICENSE Acorn Vending 8433 Center Dr. Maranatha Nursing Home 5401 69th Ave. No. Coca -Cola Bottling Co. 1189 Eagan Ind. Rd. .Arctic Metals 6530 James Ave. No. Ault Corp. 1600 Freeway Blvd. 3 -10 -80 -13- Bermel Smaby 6500 Brooklyn Blvd. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Earle Brown Apts. 1701 69th Ave. No. Holiday Inn 1501 Freeway Blvd. Sears Brookdale Shopping Ctr. Whirltronics 3401 48th Ave. No. Goodyear 5500 Xerxes Ave. No. K -Mart 5930 Earle Brown Dr. N.S.P. 4501 68th Ave. No. PERISHABLE VENDING MACHINE LICENSE Coca -Cola Bottling Co. 1189 Eagan Ind. Rd. Arctic Metals 6530 James Ave. No. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Scott inquired what the status of the Twin Lake study is. The City Manager stated that he would contact the Hennepin County Board to determine the status of the Twin Lake study and return with information for the Council. The City Manager noted that the Council had received the Brooklyn Center Policy For Review Of Municipal Industrial Development Bond Applications and that the City staff would like to return to the Council with that policy for its formal adoption by the Council. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kuefler 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 at 9:55 p.m. Clerk M 3 -10 -80 -14-