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HomeMy WebLinkAbout1995 06-12 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 12, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Barb Kalligher, Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Al present w Assistant i Manager N h n y Also t ere Ass s City g Na Go ma , Director of Public Services Diane Spector, Director of Community Development Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. OPENING CEREMONIES Blaine Fluth offered the invocation. COUNCIL REPORTS Councilmember Carmody noted an announcement in the community newsletter of the first annual Landscape and Garden Contest. She mentioned locations at which citizens might get copies of the rules and encouraged them to get involved in the contest. Councilmember Hilstrom commented a few councilmembers will be attending the League of Minnesota Cities conference coming up in Duluth and will bring back information to share with the other councilmembers. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness inquired if any Councilmember requested any items be added to or removed from the consent agenda. Councilmember Mann requested the addition of No. 8(1) regarding the appointment of an Acting City Manager. Councilmember Hilstrom asked that No. 6(e) and No. 6(a)(4) be removed. Councilmember Carmody requested the addition of No. 8(m) regarding General Litho Services, Inc. She also requested the removal of No. 6(a)(3) and No. 6(a)(5), as well as No. 6(b) and No. 6(d). Councilmember Carmody mentioned the Council, in January, had approved procedures for process of City Council meetings. She stated these procedures should be enforced 6/12/95 - 1 - uniformly. She stated she had requested the minutes of two meetings be removed from the Consent Agenda for the purpose of obtaining clarification on the definition of an excused absence for councilmembers. She said accountability is needed. If the City Charter is ambiguous, the Charter Commission should review the policy on absences. She suggested that, in the meantime, absences should be determined excused or unexcused by Mayor Kragness. Councilmember Hilstrom suggested the issue be brought before the Council at a Work Session. Councilmember Carmody agreed. Councilmember Carmody commented the Council had previously, at a Work Session, decided individuals would be asked whether they were interested in holding the position of Acting City Manager. She stated she assumed there was a consensus that if a councilmember wished a certain individual to be asked, she would provide the person's name to Mayor Kragness, who would then ask the person officially. She said she had discovered councilmembers asked individuals personally, rather than having Mayor Kragness ask them. She indicated the council, to establish trust, should follow the procedural rules established. Councilmember Kalligher stated a Council meeting is not the correct forum for Councilmember Carmody's comment. She stated if the Council "picks on' each other it will never get anything done. Councilmember Carmody stated she is just interested in honesty. Mayor Kragness noted the issue should be addressed at a Council Work Session. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the June 12, 1995, agenda and consent agenda with the requested changes. The motion passed unanimously. APPROVAL OF MINUTES MAY 2-1995 - SPECIAL SESSION There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the minutes of the May 2, 1995, special session as printed. The motion passed unanimously. MAY 15-1995 - SPECIAL WORK SESSION There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the minutes of the May 15, 1995, special work session as printed. The motion passed unanimously. PROCLAMATION Member Kathleen Carmody introduced the following proclamation and moved its adoption: 6/12/95 -2- PROCLAMATION DECLARING JUNE 14, 1995, AS "PAUSE FOR THE PLEDGE OF ALLEGIANCE" IN HONOR OF FLAG DAY The motion for the adoption of the foregoing roclamation was duly seconded b member bP Y Kristen Mann, and the motion passed unanimously RESOLUTIONS RESOLUTION NO. 95 -133 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING REQUEST FOR PROPOSAL AND AUTHORIZING SOLICITATION OF PROPOSALS FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1995 -04, REPLACEMENT OF LIFT STATION NO. 1 AND ASSOCIATED FORCE MAIN The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -134 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 06/12/95) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -135 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Earle Brown Bowl 6445 James Circle 6/12/95 -3 - i Lynbrook Bowl 6357 North Lilac Drive AMUSEMENT DEVICES - VENDOR American Amusement Arcades 850 Decatur Avenue North D.V.M. Inc. DBA Dahlco 296 North Pascal GARBAGE AND REFUSE COLLECTION VEHICLES The Mengelkoch Co. 119 N.E. 14th Street MECHANICAL SYSTEMS Crown Heating Indiana Kraemer Heating 7441 Dallas Court MOTOR VEHICLE DEALERSHIP CLASS A Bob Ryan Oldsmobile 6700 Brooklyn Blvd. RENTAL DWELLINGS Renewal: Irvin and Ruth Schloff 4819 Azelia Ave. N. Howard and Harriet Oien 5809 Brooklyn Blvd. Tom and Dorothy Storie 5607 Camden Ave. N. Amos Levang 4100 Lakebreeze Ave. N. Richard M. Schurman 4204 Lakebreeze Ave. N. James and Bobbie Simons 4210 Lakebreeze Ave. N. David Theisen 5601 Lyndale Ave. N. Tracy Rice 6907 Morgan Ave. N. Douglas Finch 6637 Xerxes Ave. N. SIGN HANGER Crosstown Sign, Inc. 10166 Central Ave. N.E. The motion passed unanimously. OPEN FORUM Mayor Kragness noted the Council had received no requests to use the open forum session this evening. She inquired if there was anyone present who wished to address the Council. There being none, she continued with the regular agenda items. Councilmember Kalligher left the meeting at 7:11 p.m. COUNCIL CONSIDERATION ITEMS PLANNING COMMISSION APPLICATION NO. 95007 6/12/95 -4- The Assistant City Manager introduced the Planning and Zoning Specialist to bring the Staff report. The Planning and Zoning Specialist explained he would be discussing two applications relating to the same business, Cass Screw Machine Products Company, concurrently. He then reviewed the Planning Commission's report on Application No. 95007. Councilmember Kalligher returned to the Council table at 7:16 p.m. The Planning and Zoning Specialist noted the Planning Commission recommended approval of this application subject to three conditions found on page six of the Commission's May 25, 1995, minutes. PLANNING COMMISSION APPLICATION NO 95008 The Planning and Zoning Specialist presented the Staff report on Planning Application No. 95008 for Cass Screw Machine Products Company. He noted the Planning Commission recommended approval of the application subject to 15 conditions found on pages six and seven of the Commission's May 25, 1995, minutes. The Planning and Zoning Specialist discussed the conditions. He stated notices were sent and a public hearing was held on May 25, 1995, with no parties stating objections. The applicant is available to answer questions during tonight's meeting. Mayor Kragness asked whether there is a time schedule which would indicate when City storm sewer would become available in the area. The Planning and Zoning Specialist stated storm sewer in that area is not in the current Capital Improvements Plan; however, it could be requested. He noted the language for Condition No. 13 is to acknowledge the company will have a responsibility to hook up with the service when it does become available. Mayor Kragness noted when the connection to storm sewer is made it will result in an additional charge to the company. The Planning and Zoning Specialist agreed. He commented perhaps a storm sewer project should precede the Cass Screw Machine Products Company project. Mayor Kragness commented the company would not want to wait that long to do the project. Councilmember Mann asked the applicant whether he is satisfied with the recommended conditions of approval. The applicant indicated he was satisfied. There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to approve Planning Commission Application No. 95007 subject to the following conditions: L The final plat is subject to review and approval by the City Engineer. 6/12/95 -5 - I The final lat is subject to the provisions of Chapter 15 of the City Ordinances. P J P P tY 3. A driveway and access easement of 24 foot in width shall be filed with the title to the properties in question. The easement width shall be 13 feet for the proposed Tract A and shall be 11 feet in width along the easterly property line of Tract B, RIS 952. The motion passed unanimously. There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to approve Planning Commission Application No. 95008 subject to the following conditions: 1. The final building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee shall be submitted to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. The plans shall be modified to indicate B -612 curb and gutter around the entrance to this site and to the neighboring site which forms a shared or common access between the two properties. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 6/12/95 - 6 - 11. The applicant shall sign the truck access drive located off 48th Avenue North to prohibit parking of any vehicles in the driveway in front of the building. 12. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering department. 13. The property owner shall enter into restrictive covenants to be filed with the title to the properties addressed as 3615 and 3625 48th Avenue North, requiring that on site storm sewer be installed and connected to city storm sewer in 48th Avenue North and 47th Avenue North within one year of when it becomes available. 14. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 15. Site lighting shall comply with the provisions of Section 35 -712 of the City Ordinance prohibiting glare onto neighboring properties. The motion passed unanimously. RESOLUTIONS Councilmember Carmody explained her neighbor had suggested Mr. Thurs be honored for many years of work in the American Little League program. RESOLUTION NO. 95 -136 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING THURSDAY, JUNE 22, 1995, AS LES THURS DAY The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. Councilmember Carmody mentioned the Lions Club has sponsored the Earle Brown Days parade for many years and is an integral part of the community. Mayor Kragness added the City of Brooklyn Center appreciates all the work the Lions Club has done. RESOLUTION NO. 95 -137 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING 40TH ANNIVERSARY OF THE BROOKLYN CENTER LIONS CLUB 6/12/95 -7- The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. Councilmember Mann indicated this item first came before the Council in 1993 and she recognized it as valuable at that time. The firefighters have excellent skills due to their training. She expressed support for the resolution. RESOLUTION NO. 95 -138 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING $25,000 FROM THE CAPITAL IMPROVEMENTS FUND FOR THE CITY OF BROOKLYN CENTER'S ADDITIONAL SHARE IN BUILDING THE FIRE TRAINING FACILITY AT 71ST AVENUE IN FRIDLEY The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. Councilmember Hilstrom asked for an estimated cost for the study. The Assistant City Manager stated Marilyn Corcoran, a Brooklyn Park employee who staffs the HRG, said there should be no cost at this point as it is a study by a citizens committee. If any cost is ascertained later, it will be brought before the Council for approval. Councilmember Hilstrom asked where complaints would be fielded if an organized system was approved and put into effect. She asked who would be the direct contact if complaints were made to City Hall. The Assistant City Manager stated complaints would be received by Jim Glasoe in the Public Services Department and forwarded to Marilyn Corcoran. Councilmember Carmody noted Brooklyn Center currently licenses eight companies. She asked who was the impetus behind studying an organized system. The Assistant City Manager replied she is unsure how many companies are licensed. Councilmember Carmody stated the only benefit to an organized program would be to reduce wear and tear on streets by reducing the number of trucks using them. The Assistant City Manager affirmed that would be an advantage. Mayor Kragness noted the proposed resolution would only allow study of the program. She stated citizens will have input and, in fact, volunteers are being sought for a committee to do the study. Councilmember Carmody asked whether the Council would have the chance to approve any costs. The Assistant City Manager affirmed it would. 6/12/95 -8- Councilmember Mann commented the approval of the resolution would not obligate the City to the program in any way. Mayor Kragness agreed and mentioned Brooklyn Center would retain the right to act independently of the other two cities if it chose to do so. RESOLUTION NO. 95 -139 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION RELATING TO SOLID WASTE DISPOSAL DECLARING AN INTENT TO STUDY AND ANALYZE ESTABLISHING A SYSTEM OF ORGANIZED COLLECTION OF REFUSE, RECYCLABLES, YARD WASTE, AND OTHER SOLID WASTE WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hiistrom, and the motion passed unanimously. Councilmember Mann commented the summer bowling program is an excellent program which serves many youth well. Councilmember Kalligher noted such programs are needed in the community. The Assistant City Manager stated the $1,200 for the program was not part of the City budget and we also received over $3,000 donated through the Crime Prevention Fund. Mayor Kragness discussed the details of the request for funding and noted the benefits are well worth the cost. RESOLUTION NO. 95 -140 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR SUMMER YOUTH LEADERS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. STAFF REPORT - WOODBINE NEIGHBORHOOD IMPROVEMENT PROJECT The Assistant City Manager asked the Director of Public Services to give the Staff report. The Director of Public Services stated Staff had been requested to respond to the property owner at 4413 71st Avenue. She noted the proposal was to straighten the "V" in the road by using a traffic kidney bean. In addition, the "stub" of roadway was only serving one home, so it was proposed to replace the stub of roadway with a driveway. The property owner had expressed concern that the snow removal would be a burden to him. 6/12/95 -9 - Following a meeting with the owner, the Director of Public Services said he continues to have concerns but better understands the reasoning. The City has suggested an agreement with the property owner which outlines the responsibilities of each party and which provides an amount of money to the property owner which would be sufficient for him to purchase a snowblower adequate for the maintenance of the driveway. She noted other property owners are still concerned. The Director of Public Services explained the reasoning behind the original proposal for street improvements. Traffic often cuts across lanes and across properties. She detailed several options for solving the problem. She also stated the other options were rejected because they did not seem to be good engineering solutions. The option chosen was the traffic kidney bean. It changes conditions and causes some inconvenience but it is believed the larger benefit of safety outweighs the inconvenience. There are some who say the "V" slowed traffic down and a change would allow the speed to increase. It is not a certainty either way. The plan proposed was believed to be the best grouping of benefits for the neighborhood as a whole. An attempt was made to minimize any negative impact on residents of the area. The Director of Public Services went on to say the property owner at 4407 71st Avenue is also concerned about the slope and configuration of his driveway. The City could consider constructing a tum- around. She commented the owner may not like the situation but he informed a staff member several weeks ago that he does understand and accept it. The property owner is present to address the Council. Councilmember Kalligher stated she would like to know how many complaints were received regarding traffic issues with the "V" in the roadway. She asked how much it would cost to add a turn- around. She asked why the street cannot be reconstructed as it is. The Director of Public Services said there have been a handful of complaints over the past five years, but they do not relate to the stub of roadway. The costs for a turnaround would be minimal, probably a few hundred dollars. However, it would cost the City $5,000 to replace the stub of roadway as a street rather than as a driveway. Councilmember Kalligher indicated she would like to see the figures on the issue. She said she is not comfortable extending driveways on the basis of only five complaints. The Director of Public Services said the figures can be provided. The impetus for the street reconfiguration was not savings or cost but safety. There is a time issue as the contractors have begun work in the opposite corner of the project and will be ready to work on this part in a couple of weeks. Councilmember Carmody noted Councilmember Kalligher's question has already been addressed in the Council packet. She stated she is not in favor of paying for a road when paying for a driveway would be cheaper. She asked to hear comments from the two property owners present at the meeting. 6/12/95 - 10- Councilmember Mann asked what the majority of complaints had to do with. The Director of Public Services said the complaints were traffic safety - related. Since there is no channelization, traffic is encouraged to cut across lanes. Councilmember Mann asked what the traffic count is on the street. The Director of Public Services estimated the traffic count at 800 or 900 cars per day. Councilmember Mann noted her residential street has the same situation. She asked whether all Brooklyn Center roadways with the same conditions will be addressed. The Director of Public Services stated any known problems will be addressed as street improvement projects are planned. Councilmember Mann commented the property owner in this case will be getting more land and more work. The Director of Public Services agreed, and said the owner knows that. Councilmember Mann asked the City Attorney whether the City's abandonment of previously maintained land would open it up for litigation. The City Attorney stated the purpose for the change would be downsizing rather than abandonment. It is a larger distance than is typical, but all property owners carry their driveways across public right -of- way to get to the roadway. There is no legal issue. There is only the question of how much burden the City is willing to impose on the property owner. The land cannot be sold but could be held in trust. In terms of ownership, it could be left as a dedicated roadway or vacated to someone else's ownership. Councilmember Mann noted she would like to hear the comments from residents. Councilmember i Hilstr m asked how often he will continue to use the driveway land o s o o to t City Y for City purposes as mentioned. The Director of Public Services said how often would depend on how well the storm drainage pond will serve its purpose and how often it will need to be cleaned. It is possible the driveway would be used once every four or five years. Mayor Kragness asked the owners to address the Council. Marcell Gagnon, 4407 71st Avenue, stated he has lived on his property for 28 years. The City has always plowed the street but is now suddenly saying it is a nuisance to plow it. The plan is to split the dead -end street and make his neighbor's driveway 200 feet long. Currently, he backs out of his driveway onto the dead end and then can drive in either direction. After the street improvement, there will be an island in the middle so he will have to back out blind into the street and have no choice of which way to go. He said the island is stupid and unnecessary. One comer of property does jut out into the street, but it isn't necessary to cut it to such an extent to correct the problem. Traffic could be slowed with the use of stop signs. The snowplow only plows the stub area four or five times each winter so it is not a nuisance. 6/12/95 Mayor Kragness asked Mr. Gagnon whether he attended the two open meetings held for the neighborhood residents. Mr. Gagnon said he did not attend. The Assistant City Manager noted the project timeline is an issue but Staff can present figures on the alternatives at the next Council meeting. Mr. Gagnon added when the streets are icy drivers will be cutting in on his driveway. Dan McFarren, 4413 71st Avenue, said the traffic kidney bean is a bad idea. If, as the Director of Public Services stated, the snowplow cannot come to the stub because of the kidney bean in the road, then eliminate the kidney bean. It would be easier to drive in and out of his property without the kidney beam and it is a bad design. The Director of Public Services said if the traffic kidney bean was not constructed, but the street was changed to a driveway, Staff would still recommend the street not be plowed, which would be consistent with similar circumstances in other parts of the City. Mr. McFarren stated when two cars meet on the roadway they do slow down. Mayor Kragness asked for additional information from Staff. The Assistant City Manager reviewed the four roadway designs which had been mentioned. There was a consensus on the list she described, and information would be given to Council at their next meeting. Mr. Gagnon asked who will cut the grass on the added land on his property. He was told he would be responsible. Mr. Gagnon said he would not cut it. Mayor Kragness urged Mr. Gagnon to attend the next Council meeting. Mayor Kragness asked that the matter be tabled until the next City Council meeting. DISCUSSION - RECRUITMENT PROCESS FOR SELECTING NEW CITY MANAGER The Assistant City Manager provided materials regarding consultants who specialize in this area. She noted the information was being provided for the councilmembers' information in the case they were interested in hiring a consultant. She stated the Council needs to decide on a recruitment process or decide to use a consultant. She wrote to nine consulting firms and received seven responses. The material she provided consists of outlines of basic information on services and costs for assistance in selection of City Manager. The proposals from the consultants range in complexity. She encouraged the Council to consider the proposals on the basis of what is needed. She was not prepared to make a recommendation of a consultant but did urge the Council to consider using a facilitator for the process. Councilmember Mann stated she would like time to review the proposals from the search firms. Councilmember Kalligher asked whether two weeks would be enough time. 6/12/9 - 12- Councilmember Mann said two weeks would be fine. Councilmember Kalligher asked that the item be added to the agenda for the meeting in two weeks. The Assistant City Manager said the item will be put on the agenda and, in fact, will remain on the agenda until Council determines a process for hiring a new City Manager. She asked the councilmembers to contact her with the names of any additional firms to consider or with any questions. DISCUSSION - SELECTION OF REPRESENTATIVE FOR LABOR NEGOTIATIONS The Assistant City Manager asked the City Attorney to report on this matter. The City Attorney stated letters have been sent to a couple of consultants. Proposals from those consultants should be received before the next City Council meeting and it would be possible to either interview the consultants or review the proposals at that time. Mayor Kragness indicated she would want to see the information. Councilmember Mann stated she did not agree with the union and did not think they should bargain with them and asked the attorney whether the City is required to bargain with the management union. The City Attorney said it will be necessary because a contract is needed. Councilmember Mann stated she had asked the League of Minnesota Cities for names of specialists in labor negotiations and she would like the entire list to receive the proposal information which the City Attorney has been issuing. She read a list of names. The City Attorney said he had already sent a letter to one on the list Councilmember Mann read. The others on the list are law firms, which are more expensive to use. Also, if law firms are to be considered, there are others which should be considered in addition to those on Councilmember Mann's list. Councilmember Mann commented since it is a new contract everything is open to negotiation. The City Attorney agreed. Councilmember Mann said she would be more comfortable using a specialist. She asked if the union will be represented by the Bureau of Mediation Services. The City Attorney said he does not know at this time who will represent the Teamsters in negotiations. Councilmember Mann expressed concern about whether the same party could represent both sides in negotiations. The City Attorney stated that would not happen. The City Attorney asked whether the Council wished to have the search for a representative opened up to law firms. Councilmember Kalligher stated a Request For Proposals (RFP) should be sent out to law firms. Mayor Kragness agreed and stated an effort should be made to ensure the City hires the best person for the job. 6/12/95 - 13 - Councilmember Hilstrom asked for the benefits or differences of using a law firm as opposed to a consultant. Councilmember Mann stated the City would need to have a law firm involved at some point anyway. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to send out an RFP to law firms for a representative for labor negotiations. The motion passed unanimously. DISCUSSION ITEMS REMOVED FROM THE CONSENT AGENDA RESOLUTION NO. 95 -141 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 14 THROUGH JULY 1, 1995 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -142 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING A GIFT FROM PROJECT BC FOR YOUTH SCHOLARSHIPS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. APPROVAL OF MINUTES MAY 22. 1995 - REGULAR SESSION Councilmember Hilstrom stated the exact times of people entering and leaving the meeting should be noted in the minutes. There was a consensus of opinion to table the minutes of the May 22, 1995, regular session until the June 26, 1995, meeting for the purpose of correction. Councilmember Carmody stated she had asked for removal of the May 18, 1995, Special Goal Setting Session minutes and of the May 24, 1995, Special Joint Session with the Cities of Crystal and New Hope minutes in order to bring up the issue of having a policy on absences being excused or unexcused. She said she has been asked by residents what determines an excused absence. 6/12/95 - 14 - Councilmember Kalligher asked the City Attorney what constitutes an excused absence. Councilmember Carmody noted she had already spoken to the City Attorney. Councilmember Kalligher stated she is now asking the City Attorney because she believes she is the one who Councilmember Carmody is attacking. Councilmember Carmody said that was incorrect as she had meant the other two councilmembers who were absent from the May 8, 1995, meeting. They said they were absent because they feared a mob scene and there was none. Mayor Kragness noted the City Manager had stated the interpretation of excused and unexcused he used was that a councilmember was excused if he or she called in the absence prior to the meeting. She noted perhaps the Charter Commission should consider changes to the procedure. Councilmember Carmody stated the City Manager should not be required to decide when an absence is excused. The Charter Commission should give an adequate definition. Mayor Kragness stated the Council could ask the Charter Commission if it would be interested in considering the issue. The policy should be enforced consistently regardless of interpretation. Perhaps a four -hour or a six -hour leeway should be required for an absence to be excused. Councilmember Kalligher asked the City Attorney what policies exist on the matter in other municipalities. The City Attorney stated he did not know. He explained the situation is unique to a chartered, as opposed to statutory, city system. He discussed the reasons for removal of a councilmember. He discussed the legal issues. Councilmember Kalligher asked whether the City would be opening itself to a lawsuit if it attempted to remove a councilmember without a valid reason. She added if letters were sent out to councilmembers the open meeting law would be violated. She said there was no valid reason according to the listing the City Attorney just presented as reasons for removal. She went on to state a councilmember cannot solicit other councilmembers by letter to ask for review of a councilmember's attendance without a substantial reason. The City Attorney said the open meeting law has nothing to do with the reason. Councilmember Kalligher said she meant a letter asking for a resignation. The City Attorney said such a, letter does not violate the open meeting law if it doesn't ask for a vote. Councilmember Mann said she interprets such a letter as someone trying to influence her, which could be a violation of the open meeting law. MAY 18. 1995 - SPECIAL GOAL SETTING SESSION 6/12/95 - 15- There was a motion by Councilmember Carmody and seconded by Councilmember ivfann to approve the minutes of the 1yfay 18, 1995, special goal setting session as printed. The motion passed unanimously. Councilmember Kalligher abstained. MAY 24. 1995 - SPECIAL JOINT SESSION WITH THE CITIES OF CRYSTAL AND NEW HOPE There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the minutes of the May 24, 1995, special joint session with the cities of Crystal and New Hope as printed. The motion passed unanimously. Councilmembers Kalligher and Carmody abstained. IMPROVEMENT PROJECT NO. 1993 -18 Councilmember Hilstrom commented Council has not seen the final design and she would like to see it. The Director of Public Services apologized that the final design has not been available. There has been a hold -up at the county level regarding a right -of -way issue. There is a meeting on Thursday which should settle the matter. In addition, the turnaround designs are incomplete because the consultant was unable to meet with property owners. Those meetings should take place at the end of this week. Those two issues are the only differences between the design the Council has and the final design. Councilmember Kalligher asked whether the changes could be substantial. The Director of Public Services said they are minor changes. She added the project is on a tight schedule and asked the Council to consider allowing Staff to submit an advertisement for bids and then present the final version of the design at the meeting in one week. Councilmember Kalligher noted it could be presented as soon as possible. The Assistant City Manager urged the Council to allow Staff to move on with this project. The project is complex due to involvement of other agencies and sometimes it is outside of the StafCs power because of the arrangement. There was a consensus agreement to approve the resolution with an amendment indicating the project could be advertised but plans are not yet approved. RESOLUTION NO 95 -143 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1995 -G, PARK A1ND RIDE, POND, PARK, AND REALIGNMENT OF 65TH AVENUE 6/12/95 - 16- The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. DISCUSSION ITEMS ADDED TO THE CONSENT AGENDA APPOINTMENT OF ASSISTANT CITY MANAGER AS ACTING CITY MANAGER The Assistant City Manager commented she would like to clarify it is part of her job to fill ger, and that Council will be discussing the appointment of an in as Acting City Mana Interim City Manager at the next regular Council meeting. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to appoint the Assistant City Manager as Acting City Manager. The motion passed unanimously. PUBLIC HEARING FOR GENERAL LITHO SERVICES INC. RESOLUTION NO. 95 -144 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING WITH RESPECT TO THE PROPOSED FINANCING OF FACILITIES FOR GENERAL LITHO SERVICES, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:54 p.m. i -.0L/7A'K /&A,,.— J" — Deputy City Clerk Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial 6/12/95 - 17 -