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HomeMy WebLinkAbout1994 12-19 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 DECEMBER 19, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, Director of Community Development Brad Hoffman, City Attorney Charlie LeFevere, Acting Chief Scott Kline, Assistant City Manager Nancy Gohman, and Council Secretary Barb Collman. OPENING CEREMONIES Cub Scout Webelos Troop 401 presented a flag ceremony. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Councilmember Mann inquired as to the status of the City Manager evaluation process. The City Manager stated all but one councilmember has submitted the required reports. Councilmember Rosene asked consideration of a special evaluation session be added to the agenda as item 12G. PRESENTATION BY RIVERWOOD NEIGHBORHOOD ASSOCIATION Mayor Paulson recognized the steering committee of the Riverwood Neighborhood Association. Rod Snyder, Tom Curry, and Jerry Blamey expressed appreciation to the members of the Council for their dedicated service to the community. Mr. Snyder explained the h' Y P 12/19/94 _ 1 _ neighborhood feels a kinship with this Council as there has been a great deal of work and communication between the two regarding neighborhood issues. The neighborhood is experiencing renewed optimism and a change in attitude which the committee believes is representative of the entire community of Brooklyn Center. The members of the Council were presented certificates of appreciation for fostering compatible redevelopment in the neighborhood area. The efforts of the Council were called tough and courageous. The latest edition of the neighborhood's quarterly newsletter was also distributed. Mr. Snyder indicated other members of the Riverwood Neighborhood Association were present in the audience to express support. Mayor Paulson recognized the kindness of the association. Councilmember Scott noted the Riverwood Neighborhood Association is an example of the cooperation necessary in order for a city to become a vibrant community. She expressed thanks to Mr. Snyder for his part. Councilmember Rosene thanked the steering committee for its words and noted he was pleased the association felt the Council had accomplished something of value. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. No requests were made. Councilmember Kalligher requested items 12A and 12B be moved to a position following Item 9A on the agenda. Councilmember Rosene explained he will be suggesting a motion to establish an annual review of the City Manager. He noted an annual review would be prudent and equivalent to other City employees. Mayor Paulson suggested Item 8, Approval of Minutes, be added to the consent agenda with the stipulation that, for each meeting, councilmembers absent from that meeting be noted as abstaining from the approval of the minutes. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the December 19, 1994, agenda and consent agenda as printed plus Item 8, Approval of Minutes. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -258 Member Barb Kalligher introduced the following resolution and moved its adoption: 12/19/94 -2- RESOLUTION AMENDING THE 1994 AND 1995 GENERAL FUND BUDGET TO CARRY FORWARD APPROVED APPROPRIATIONS IN THE AMOUNT OF $500 FOR INITIAL COSTS ASSOCIATED WITH POLICE MOBILE DIGITAL TERMINALS (MDT'S) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -259 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 AND 1995 GENERAL FUND BUDGET TO CARRY FORWARD APPROVED APPROPRIATIONS IN THE AMOUNT OF $62,000 FOR THE HENNEPIN COUNTY PHOTO IMAGING SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -260 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO RESCIND APPROVED APPROPRIATION FROM THE DRUG FORFEITURE FUND IN THE AMOUNT OF $1,500 FOR STATE OF MINNESOTA TRAFFIC ACCIDENT REPORT COMPUTER SOFTWARE THAT IS UNAVAILABLE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -261 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF INVESTIGATOR DONALD SPEHN The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -262 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR PROFESSIONAL SERVICES, 1994 -03 AND 04, 57TH AVENUE STREET IMPROVEMENT 12/19/94 -3- The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -263 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING ADMINISTRATIVE FEE SCHEDULE FOR WATERSHED COMMISSION FEES FOR PROJECT REVIEWS AND VARIANCE REQUESTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -264 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 13132 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -265 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX - EXEMPT BONDS AND AUTHORIZING APPLICATION FOR ALLOCATION OF BONDING AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -266 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 94 -257 ACCEPTING BID AND AWARDING CONTRACTS FOR IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1994 -Q, RESIDENTIAL STRUCTURE REMOVAL (PARK & RIDE /STORM POND SITE) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. ' 12/19/94 -4- LICENSES There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the following list of licenses: COURTESY BENCH U.S. Bench Corporation 3300 Snelling Avenue GASOLINE SERVICE STATION Brookdale Unocal 76 5710 Xerxes Ave. N. Brooklyn Center Municipal Garage 6844 Shingle Creek Pkwy. Humboldt Unocal 76 6840 Humboldt Ave. N. Metropolitan Transit Commission 6845 Shingle Creek Pkwy. Mobil 6849 Brooklyn Blvd. U.S. West 6540 Shingle Creek Pkwy. United States Post Office 6848 Lee Ave. N. PUBLIC DANCE Holiday Inn 2200 Freeway Blvd. RENTAL DWELLINGS Earle Brown Commons 6100 Summit Drive N. Terry L. Hartmann 6804 Fremont Ave. N. Terry L. Hartmann 6809 Fremont Ave. N. Swanson Investments 7230 West River Road Swanson Investments 7250 West River Road Edward Sass 5103 Xerxes Ave. N. Terry L. Hartmann 1323 67th Lane N. Leo Vogel 2841 67th Lane N. TOBACCO RELATED PRODUCT Applebee's 1347 Brookdale Center Brookdale Unocal 76 5710 Xerxes Ave. N. Brooklyn Center Municipal #1 1500 69th Ave. N. Brooklyn Center Municipal #2 6250 Brooklyn Blvd. Brooklyn Center Municipal #3 1966 57th Ave. N. Brooks Food Market 6804 Humboldt Ave. N. Centerbrook Golf Course 5500 N. Lilac Drive Duoos Bros. American Legion 4307 70th Ave. N. Holiday Inn 2200 Freeway Blvd. Jerry's New Market 5801 Xerxes Ave. N. K -Mart 5930 Earle Brown Drive Mobil 6849 Brooklyn Blvd. The motion passed unanimously. 12/19/94 -5- APPROVAL OF MINUTES NOVEMBER 14, 1994 - EXECUTIVE SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of November 14, 1994, executive session as printed. The motion passed unanimously. Councilmember Kalligher abstained. NOVEMBER 14, 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of November 14, 1994, regular session as printed. The motion passed unanimously. Councilmember Kalligher abstained. NOVEMBER 21 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of November 21, 1994, special work session as printed. The motion passed unanimously. Councilmembers Kalligher and Scott abstained. NOVEMBER 28, 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of November 28, 1994, regular session as printed. The motion passed unanimously. Councilmember Kalligher abstained. DECEMBER 5 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of December 5, 1994, special work session as printed. The motion passed unanimously. Councilmembers Kalligher, Rosene, and Scott abstained. DECEMBER 7 1994 - BUDGET HEARING There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of December 7, 1994, budget hearing as printed. The motion passed unanimously. Councilmembers Rosene and Kalligher abstained. ORDINANCES The City Manager presented An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. This item was first read on September 12, 1994, and tabled by the City Council to October 24, 1994; approved for first reading on October 24, 1994; published in the City's official newspaper on November 2, 1994; tabled by the City Council on November 14 and 28, 1994; and is offered this evening for a public hearing and second reading. Eileen Oslund, chair of the Charter Commission, noted only minor changes are proposed to the City Charter. The City Manager reviewed the substance of the changes and explained the language had been drafted by the City Attorney. 12/19/94 -6- Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter at 7:16 p.m. He inquired if there was anyone present who wished to address the Council. There were no responses from those present. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 7:17 p.m. The motion passed unanimously. ORDINANCE NO. 94 -13 Member Barb Kalligher introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER j The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. Councilmember Rosene offered congratulations to the Charter Commission for commendable completion of the amendment project. Mayor Paulson also expressed appreciation to the Charter Commission. DISCUSSION ITEMS APPOINTMENT OF CHIEF OF POLICE The City Manager introduced a Resolution Finalizing the City Manager's Appointment of a Chief of Police. The City Manager announced his recommendation of Captain Scott Kline, Jr. for the position of Chief of Police. RESOLUTION NO. 94 -267 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION FINALIZING THE CITY MANAGER'S APPOINTMENT OF A CHIEF OF POLICE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. l i Councilmember Mann commented she is looking orward to Chief Kline's work in the position. g j 12/19/94 -7- Mayor Paulson offered congratulations to Chief Kline. Councilmember Rosene suggested Chief Mine's biographical information be read. The City Manager read a biographical summary of Chief Mine's career in law enforcement. He has been a member of the Brooklyn Center Police Department since 1966. He has filled various appointments in all aspects of the department and has served as acting police chief on several occasions. Mayor Paulson told Chief Kline the community and the police department itself are supportive of his appointment. He urged Chief Kline to draw from that support in the future. ADOPTION OF BUDGETS FOR THE YEAR 1995 AND 1995 CAPITAL IMPROVEMENTS PLAN The City Manager explained public comment on the 1995 budget cannot be heard at this meeting. The budget has been adjusted on the basis of comment received prior to tonight. Councilmember Mann addressed the issue of the budget item for data processing equipment. She expressed concern with the increased amount. She would like the MIS coordinator to justify her recommendation of an obsolete processor (Pentium 60). She noted parts for the equipment will be very difficult to obtain. She stated she would support approval of the budget contingent on investigation into this matter. The City Manager stated the issue would be reviewed and a report offered to the City Council. Councilmember Scott expressed appreciation to the City Staff and Financial Commission for their work on the budget. Mayor Paulson commented the preparation of the budget materials to include a program budget was very helpful in controlling budget expenditure, and in setting policies and objectives. The program budget and the mission statement will be valuable tools to future councils, and he thanked the Staff for the work put into their preparation. The City Manager presented a Resolution to Adopt the 1995 Proposed Budget for the Central Garage Internal Service Fund. RESOLUTION NO. 94 -268 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1995 PROPOSED BUDGET FOR THE CENTRAL GARAGE INTERNAL SERVICE FUND 12/19/94 -8 - The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution to Adopt the 1995 Proposed Budgets for the Special Revenue Funds and the Enterprise Funds. RESOLUTION NO. 94 -269 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1995 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS AND THE ENTERPRISE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. ADJOURNMENT The City Council adjourned for the purpose of convening as a separate body. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council was adjourned at 7:26 p.m. RECONVENE The Brooklyn Center City Council was reconvened at 7:33 p.m. by Mayor Todd Paulson. DISCUSSION ITEMS The City Manager presented a Resolution to Authorize a Final Tax Levy for 1995 Appropriations for the General Fund, the Street Improvement Debt Service Fund, the E.D.A. Fund, and the H.R.A. Fund Budgets. RESOLUTION NO. 94 -270 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1995 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUND, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. The City Manager presented a Resolution Approving a Final Tax Capacity Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Service, and Relocation Assistance Pursuant to the Provisions of MSA 469.001 Through 469.047 of the Housing and Redevelopment Authority of the City of Brooklyn Center for the Year 1995. 12/19/94 -9- i RESOLUTION NO. 94 -271 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1995 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented a Resolution to Adopt the 1995 Proposed Budget for the General Fund, the Street Improvement Debt Service Fund, the E.D.A. Fund, and the H.R.A. Fund and the 1995 Capital Improvements Program. RESOLUTION NO. 94 -272 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1995 PROPOSED BUDGET FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUND, THE E.D.A. FUND, THE H.R.A. FUND AND THE 1995 CAPITAL IMPROVEMENTS PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. EVALUATION OF CITY MANAGER Councilmember Rosene noted the evaluation of the City Manager has been in progress for some time. The next step is for the Councilmembers to meet in private session with the City Manager to discuss their reports and complete the evaluation. Councilmember Rosene also noted an annual review of the City Manager would be prudent. In fact, perhaps there should be an annual review of Councilmembers. Councilmember Mann commented the reports were due in August and hers was finished then. She questioned the delay in the reports being prepared. Councilmember Rosene answered that not all Councilmembers submitted their reports in time. The City Manager mentioned there are dates available for such a meeting this week, next week or after January 1. Councilmember Scott expressed frustration that most Councilmembers fulfilled their obligations weeks or months ago and have been waiting to hold the evaluation meeting. Holiday time is a busy time and it is unfair to have the meeting now. 12/19/94 - 10 - Councilmember Mann asked whether the outcome of the review might cause the current Council to meet again or if the matter might be forwarded to the new Council. The City Manager said that would be a decision of the Council, but the issue of data privacy would be involved. There also might be difficulty with the sequencing. 'j The City Attorney said the evaluation meeting would be closed. There would then be a summary of the meeting at the next regular City Council meeting, which would be in 1995. Mayor Paulson suggested Tuesday, December 20, 1994, 7 p.m. for the City Manager evaluation meeting. Councilmember Scott commented copies of all reports were supposed to be available for review prior to such a meeting. Councilmember Mann agreed and expressed concern there would not be time to review them before a meeting on Tuesday. Mayor Paulson said the reports could be reviewed at the meeting. Councilmember Scott said she does not like pushing the matter through in this manner. The process was handled incorrectly, but she said she would go along with the meeting. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to hold an evaluation meeting of the City Manager on Tuesday, December 20, 1994, at 7 p.m. Roll call vote: Councilmember Kalligher, aye; Councilmember Rosene, aye; Mayor Paulson, aye; Councilmember Mann, aye; Councilmember Scott, nay. The motion passed. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to execute yearly reviews of the City Manager. The motion passed unanimously. Councilmember Barb Kalligher left the meeting at 7:40 p.m. ORDINANCES The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Lutheran Church of the Master). This ordinance was first read on November 14, 1994, published in the City's official newspaper on November 23, 1994, and is offered this evening for a public hearing and second reading. The City Manager commented this action is the final action on the rezoning. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Lutheran Church of the Master) at 7:44 p.m. He inquired if there was anyone present who wished to address the Council. No one came forward. 12/19/94 i There was a motion by Councilmember Rosene and seconded by Councilmember Mann to close the public hearing at 7:44 p.m. The motion passed unanimously. ORDINANCE NO. 94 -14 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (LUTHERAN CHURCH OF THE MASTER) The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Country Harvest Buffet). This ordinance was first read on November 28, 1994, published in the official newspaper on December 7, 1994, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Country Harvest Buffet) at 7:45 p.m. He inquired if there was anyone present who wished to address the Council. No one came forward. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 7:45 p.m. The motion passed unanimously. ORDINANCE NO. 94 -15 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (COUNTRY HARVEST BUFFET) The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. PLANNING COMMISSION The City Manager presented Planning Commission Application No. 94015 submitted by State Farm Mutual Automobile Insurance Company, which has requested site and building plan approval to construct a 1,456 square foot addition to the inspection area and remodeling of general office area located at 5930 Shingle Creek Parkway. This application was recommended by the Planning Commission at its December 8, 1994, meeting. 12/19/94 - 12 - The Planning and Zoning Specialist presented the report of the Planning Commission on the matter. He noted the zoning district is C2. The size of the current inspection area will be doubled and offices will be added and others brought up to codes, such as Americans With Disabilities Act. The modifications will begin in Spring 1995. The Planning and Zoning Specialist stated the ninth requirement of the Planning Commission should be stricken as it is no longer applicable since a new landscape plan has been submitted. The State Farm service center will remain operational during construction. Phase One will involve the use of a temporary tent, and Phase Two will involve the use of a trailer mobile office. Each of the temporary structures are expected to be used two months, with a possible one -week overlap. Councilmember Scott asked how the tent will be anchored. The Planning and Zoning Specialist answered the building official has reviewed and would know the answer to that question. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve Planning Commission Application No. 94015 submitted by State Farm Mutual Automobile Insurance Company to construct a 1,456 square foot addition to the inspection area and remodeling of general office area located at 5930 Shingle Creek Parkway subject to the following conditions: 1. 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 final review and approval by the Engineering Department, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition 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. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City ordinances. 12/19/94 -13- 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Site lighting shall comply with Section 35 -712 of the City ordinances and shall not cause glare beyond the boundaries of the property. The motion passed unanimously. Mayor Todd Paulson left the meeting at 7:50 p.m. PUBLIC HEARINGS PUBLIC HEARING RELATING TO THE MODIFICATION OF HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND THE CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 3. The Director of Community Development reviewed the process and the project under consideration. The objectives of the project are enhancement of the tax base through new development and redevelopment, better utilization of vacant and undeveloped property, attraction for businesses, clearance of blighted properties, and provision of housing opportunities. The implications of the tax increment finance district are that base value will be frozen at approximately 20 percent of the tax base and that a 15 percent housing fund will need to be established. He stated there will be no fiscal impact on school districts. In summary, the Director of Community Development said the implementation of this district would create a financial tool by which the City could accomplish the redevelopment projects it has been planning. Acting Mayor Protem Scott opened the meeting for the purpose of a public hearing relating to the modification of Housing Development and Redevelopment Project No. 1 and the Creation of Tax Increment Financing District No. 3 at 7:56 p.m. She inquired if there was anyone present who wished to address the Council. Rod Snyder, 6408 Willow Lane, spoke as a representative of the Riverwood Neighborhood Association. He was pleased with the recommendation, noting the work behind it is commendable and the project will have a tremendous impact on the community. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to close the public hearing at 8:05 p.m. The motion passed unanimously. The City Manager presented a Resolution Modifying the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, Establishing Tax Increment Financing District No. 03, and Approving and Adopting the Tax Increment Financing Plan Related Thereto, Located within Housing Development and Redevelopment Project No. 1 12/19/94 -14- RESOLUTION NO. 94 -273 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1, ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 03, AND APPROVING AND ADOPTING THE TAX INCREMENT FINANCING PLAN RELATED THERETO, LOCATED WITHIN HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Mayor Todd Paulson returned to the meeting at 8:05 p.m. PUBLIC HEARING REGARDING CERTAIN TABLED PROPOSED SPECIAL ASSESSMENTS IMPROVEMENT PROJECT NO 1990 -10 69TH AVENUE RECONSTRUCTION The Director of Public Services explained this matter involves five properties which are zoned R3 but are currently used as single - family homes (R1). The property owners have objected to the assessments because other single - family homes had been removed as part of the project. The assessments represent less than one percent of the cost of the project. City policy is to assess on the zoned, rather than current, use of the property. The Director of Public Services reviewed the rates and calculations. In past similar situations, the City has assessed as zoned rather than at single - family rates. Councilmember Rosene stated he does not like to see residents assessed large amounts but also does not want to set a precedent of assessing on the basis of use rather than zoning. He noted he would need to be convinced to change his mind. Councilmember Mann noted if the zoning were lowered to R1 the City would be liable. Councilmember Rosene repeated that he would need to be convinced to not assess according to zone. Mayor Paulson reopened the meeting for the purpose of a public hearing regarding certain tabled proposed special assessments, improvement project No. 1990 -10, 69th Avenue Reconstruction at 8:19 p.m. He inquired if there was anyone present who wished to address the Council. Denton Dawson, on behalf of his mother, 4011 69th Avenue North, noted the project had no benefit to the current property owners. The owners didn't request the project and see no increase in property value. In addition, problems were created in terms of access to and egress from the properties and lack of on- street parking. 12/19/94 - 15 - Mr. Dawson noted a meeting with City officials in 1992 resulting in a promise the City would pay for the movement of electrical meters. Since only two meters needed to be moved, money which had been allocated must still be available. City Staff has not yet explained the whereabouts of that money. Approximately $4,800 could remain from the allocation and could be used to offset the assessments. Mr. Dawson noted that in a 1993 meeting the Mound Cemetery issue was tabled. He questioned the resolution of that matter. The City Manager stated the Mound Cemetery matter is still under consideration and is a complex question. - In response to the comments concerning funds allocated for the movement of electrical meters, the City Manager said the money had been offered on a preliminary estimate basis. The monies are unexpended and remain in a State Aid fund. He added the assessment is a procedure of assigning benefit to a property. Outside appraisers supported the City's contention that there was benefit to the properties. Mr. Dawson questioned whether the money estimated was spent. The City Manager said the money was put into a State Aid account and used on other streets in the community. Mr. Dawson went on to say two of the property owners in question are elderly, on fixed incomes, and would find it difficult to handle the assessments. He asked about the rates at which bonds were sold in light of a nine percent charge on unpaid assessments. The Finance Director said the rate was between five and six percent. The interest rate on special assessments has never been set by the City's cost of borrowing, but instead set to be near the homeowner's cost of borrowing. New home mortgages are now being issued with interest rates around 9 %. The Director of Public Services mentioned the Assessment Stabilization Program was not in place at the time of this project but the State deferment for senior citizens program would be available. She suggested these homeowners might be eligible for the program, which would defer some of the assessment costs until the property is sold. Mr. Dawson asked whether the assessments to the homeowners could be postponed until the Mound Cemetery issue is decided. Councilmember Rosene asked for an explanation of the advantages from that course of action. Mr. Dawson said the matter should be postponed in fairness to the homeowners. It looks as though there might be an adjustment for the cemetery, but all properties should be treated equally. The City Manager noted the reason this matter has been brought up now is that one property owner has sold the property. Since this assessment is pending, the seller has asked 12/19/94 - 16- CORRECTION for a determination on the matter so the escrow money can be handled. It is not a case of the City initiating action on the matter. Mr. Dawson noted the cemetery's assessment is pending and may be reduced. The City Manager agreed the matter is pending and could possibly be reduced by action of the Council. Mr. Dawson stated the "leftover" money could be applied to the assessments. No precedent would be set as projects usually go over budget rather than under budget. Councilmember Scott asked whether it is legal for the City to use State Aid funds to pay assessments. The City Attorney stated it is permissible but would take away money from other projects. David Joelson, a former property owner in the area under discussion, noted nothing has been done for two years. He felt his money should not be tied up by this situation. He asked for expediency and fairness. The residents are having this matter held over their heads. The monies should be released one way or the other. Jean Hanson, 4007 69th Avenue North, said the zoning and assessments for townhouses is unfair. When a property sells, there will be new assessments for a changeover to townhouses. Also, the road is a handicap rather than a benefit. Joyce Groenke, 410169th Avenue North, said the situation is unfair because there has been no enhancement, the road is "terrible," and the properties are not saleable. Chris Joelson, 4001 69th Avenue North, stated the limited access on the street causes problems and creates a hazard due to drivers making U- turns. He asked whether there are future plans to buy the homes to free up the property for redevelopment. The City Manager said there is the potential of development by a developer, but the City would not be seeking to buy the properties at the time. A 1997 project involving Brooklyn Boulevard might include this area but no commitments can be made at this time. Mr. Joelson said he would like to see the assessments re- allocated through the City and again noted the street is dangerous and difficult to maneuver. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8:44 p.m. The motion passed unanimously. Councilmember Rosene commented he does not like to have to assess property owners. However, the property was benefitted at the R3 zoning class. 12/19/94 _ 17- Councilmember Scott agreed the limited access to the properties is inconvenient. The road was dangerous before the improvements. There were not enough funds available for the City to purchase the homes on both sides of the street. It was a difficult decision which properties to purchase. Two factors considered were the conservation of trees and which residents wanted to stay. Also, an independent appraisal supported the decision. She suggested the senior citizens investigate the assessment stabilization program. The precedent of assessing by zoning should not be changed. Councilmember Rosene agreed the senior citizens should investigate the deferment program. He questioned whether the residents of the neighborhood had asked the City to re -zone the area to an R1 rating. Mr. Dawson asked why the zone was rated R3 in the first place. He wondered if it may have been because there is a housing project behind the neighborhood. The property has limited access whether or not there was a benefit to homeowners. Councilmember Rosene asked whether the City has considered buying the remaining properties. The City Manager said one small property has been considered. Generally, the City does not approach a homeowner unless the home is dilapidated. The City is currently focusing on the redevelopment of Brooklyn Boulevard and has limited resources. Councilmember Rosene asked whether the widening of Brooklyn Boulevard might result in reconfiguration causing a ripple effect which could be an answer in this situation. The City Manager said there is a possibility of such an occurrence but there can be no commitments to that end. Councilmember Rosene questioned whether purchase of the properties by the City would be considered if the City were approached by the homeowners. The City Manager said Staff would investigate and present the facts to the Council. The Director of Public Services noted any acquisitions related to the Brooklyn Boulevard project would be properties which abut Brooklyn Boulevard. The funding available is reserved for properties meeting that criteria. Therefore, purchase of other properties would be reliant on the allocation of other funding. Mr. David Joelson commented he is on record as having asked the City to buy his property previously. The City Attorney pointed out a series of problems which could result from a purchase by the City. RESOLUTION NO. 94 -278 Member Kristen Mann introduced the following resolution and moved its adoption: 12/19/94 -18 - I__ RESOLUTION CERTIFYING SPECIAL ASSESSMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PUBLIC HEARING REGARDING INITIAL APPLICATION FOR PRIVATE KENNEL j LICENSE AT 6312 FRANCE AVENUE NORTH The City Manager explained the applicant owns three dogs and the ordinance allows only two. City Staff followed procedures then decided to reject the application. Some comments from neighbors were negative and some were positive. There were no police records concerning the animals. The health inspector found no problems. The owner has appealed the decision, which means the City Council must decide the appeal. Proper notices have been sent in connection with the public hearing. Mayor Paulson called a recess of the City Council at 8:59 p.m. The City Council was reconvened at 9:15 p.m. Councilmember Scott asked the City Manager to explain the basis for the denial of the application. The City Manager answered he followed a prescribed process. Each application is checked in three ways or areas. If those three checks result in one objection his personal policy is to reject the application. This application had an objection in one of the three areas. Councilmember Rosene said he is tempted to vote to reverse the denial but would like some assurances there would not be problems in the future. He asked the applicant to comment. Bradley Shogren, 6312 France Avenue North, the applicant, distributed copies of a petition signed by all but two neighbors in support of his application. He noted all neighbors have been given his phone number for expression of their concerns. He said the dogs have been raised well. Two neighbors are present at this meeting in support of the applicant. Even the letter in opposition to the license carries an admission that the dogs are not outside when the owners are not home. Only one neighbor has ever mentioned the dogs' barking and it was a positive comment that the neighbor felt more secure knowing the dogs were present. He added the issue was not brought as a result of a complaint but due to his voluntary attempt to comply with the ordinance. He expressed dismay that an anonymous letter can be used as public record. Pat Shogren, 6312 France Avenue North, the applicant's mother, also spoke in support of the application. Mr. Shogren mentioned if the dogs were to become a nuisance he and his mother would be the first people to want to get rid of them. He would appreciate the opportunity to keep 12/19/94 - 19- i r l i the animals unless and until there is a problem in the future. Giving him a chance would be more fair than judging on the basis of an anonymous letter. The City Manager noted the issuance of a kennel license does not relieve the owner of continuing compliance with ordinances. Mr. Shogren noted when the City Manager made the decision to deny the application he did not have possession of the positive letters. The supporters did not write because it was not felt supportive letters were needed unless there was a complaint. He added he would be happy to take the dogs into the house if asked by neighbors. Councilmember Rosene noted the applicant is making an attempt to comply with the ordinance and there have been no complaints concerning his dogs. The petition lists several offers, including an offer to not replace one in the future. Councilmember Rosene expressed gratitude for the assurances by Mr. Shogren. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the private kennel license at 6312 France Avenue North subject to the conditions listed on the petition. Councilmember Rosene commented the petition demonstrates a cooperative owner. Mayor Paulson stated the burden of proof was on the applicant, who showed there was lack of a nuisance factor. He asked whether the Council could limit the license to three dogs and then revoke it if the number drops to two. The City Attorney confirmed this was possible. Mayor Paulson asked that the motion be amended to stipulate a limit of three dogs with the conditions and a reduction to two if one animal is removed from the household. Councilmember Rosene said that condition was already part of the motion. The City Manager noted a letter will be provided. The motion passed unanimously. DISCUSSION ITEMS - CONTINUED STAFF REPORT RE: SPECIAL ASSESSMENTS FOR STORM DRAINAGE IMPROVEMENTS AND THE ASSESSMENT STABILIZATION PROGRAM The Director of Public Services reviewed the policy, noting it was written in 1964 and has been updated many times. The bulk of the policy is based on existing policies, so changes are now being incorporated. No policy can anticipate every contingency; therefore, amendments and deviations are expected relative to different projects. In regard to the 12/19/94 -20- CORRECTION special assessment policy, there have been concerns. Two options have been developed and would have the same impact. Staff recommends the option which is the easier to implement. Councilmember Mann said she is fairly comfortable with the changes but is still concerned there are some who will get by without paying anything at all. Perhaps a person should not be a homeowner if he or she cannot afford to be. Home ownership is a privilege rather than a right. She said she cannot support the program since she believes every resident should pay at least a 10 percent assessment. There was a discussion regarding the November 28, 1994, City Council minutes which quoted Councilmember Mann as saying home ownership is a "right, not a privilege" when it should have read "privilege, not a right." Councilmember Mann concurred she said "privilege, not a right." Councilmember Rosene disagreed with Councilmember Mann's position. He said if a citizen is residing in a home he or she is contributing to the image of the City. If someone makes under $9,000 annually he wished them well if they could stay in a home and would not ask them to pay. Councilmember Scott commended Staff for its work on checking on this policy. She stated she is concerned for the senior citizens. The City is often too liberal; it cannot be all things to all people. Residents must pay their fair share. This program is fair and equitable. The citizens will agree it is a fair policy. The policy will make implementation simpler. As a person's income goes up, the assessment goes up, but vulnerable people are still protected. She preferred the first option. Councilmember Rosene said he supports the first option, as well. He questioned the increase in the slope of the line from $9,000; he felt the line should stay level rather than the slope increasing. The Director of Public Services stated the generosity of the program is related to those in the middle. The high end of the scale is the best place to scale back to conserve funds. Councilmember Rosene noted he has a different viewpoint. The City Manager presented a Resolution Adopting the Brooklyn Center Special Assessment Policy. RESOLUTION NO. 94 -274 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE BROOKLYN CENTER SPECIAL ASSESSMENT POLICY 12/19/94 -21- i The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Roll call vote: Councilmember Rosene, aye; Mayor Paulson, aye; Councilmember Scott, aye; Councilmember Mann, nay. The motion passed. STAFF REPORT RE: HENNEPIN COUNTY BROOKLYN BOULEVARD STREET IMPROVEMENT PROJECT COOPERATIVE AGREEMENT AND ENHANCEMENT PROJECT The Director of Public Services noted the tasks actually go beyond the preliminary design. The BRW, Inc. tasks are critical to keep the project going. Since construction is anticipated in 1997, it seems early; however, the paperwork associated with federal funding takes quite some time. The major work tasks include obtaining federal environmental clearance, preparing the roadway layout, preparing a drainage plan for the corridor, approving the right -of -way plan ( "official map" preparation), and preparing plating features. With this design, BRW is actually handling two projects the street project and the environment project. The proposal from BRW is over $230,000 but Hennepin County will pay just under half of that amount. The balance is associated with enhancements and redevelopments. Funding would be appropriated via an ISTEA grant, State Aid, a Tax Increment Financing (TIF) district, and storm drainage utility funds. The Director of Public Services continued, noting there are minor language details to be changed in the agreement, but it should be prepared within the next month. The cost estimate includes $250,000 for road improvement, $600,000 for right -of -way and underground NSP involvement. The worst -case scenario is $800,000, which may be reduced. Overall, the total project would be $8 million. The City's share would be $4 million. If developers were introduced into the project, the amount would be reduced. There is much work to be done. It is believed the funds are available. Councilmember Scott commented on the detailed, easy -to -read report. She questioned the meaning of "SHPO letter" under the environmental assessment section. The Director of Public Services was unsure the meaning of the acron = but said :.� -, „ '! research it. The City Manager said it must refer to a Federal letter. v Councilmember Mann questioned whether the Park and Ride pond was in Phase II of the water management plan. The Director of Public Services said that task for BRW is only if necessary. The City Manager said it has to do with environmental impact. Some calculations may be needed to satisfy federal requirements. The City Manager presented a Resolution Accepting Proposal and Awarding Contract for Professional Services for Preliminary Design, Improvement Project No. 1994 -14, Brooklyn Boulevard Street Improvement, 65th Avenue to 71st Avenue. 12/19/94 -22- RESOLUTION NO. 94 -275 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR PROFESSIONAL SERVICES FOR PRELIMINARY DESIGN, IMPROVEMENT PROJECT NO. 1994-14, BROOKLYN BOULEVARD STREET IMPROVEMENT, 65TH AVENUE TO 71ST AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. COPS F.A.S.T. FEDERAL GRANT PROPOSAL The City Manager stated this program is in flux. The first part is funded but portions are not. Applying for grants is not too time - consuming now but would be in the later stages. The police department recommends against applying for the program as the implications of the program are not clear and because additional officers will strain the operation of the department. The Police Chief explained a possible problem with the Union if this program were used. There are too many unanswered variables to jump into the program, although it could prove worthwhile in the future. Mayor Paulson mentioned if officers were hired under the program and then funding was not appropriated the City would want to fire those officers. The Police Chief said the Union would not accept that if it occurred. Councilmember Rosene recommended the new Council be allowed to evaluate the status of the department after the addition of the five new officers. An application for the program could be made in the future. Councilmember Mann expressed concern there are too many strings attached to the program. The Police Chief concurred there are too many unknowns. Councilmember Scott noted some communities have received funding through the program but are unsure how to use it since the money will not be available in the future. The program is difficult to implement. She thanked the Police Chief for his input. Mayor Paulson commented if the Council knew officers would not be needed it could refuse the program with a clear conscience. However, since officers will be needed, it appears irresponsible to overlook funding even though there are strings attached. Perhaps money could be found in the budget to maintain the officers when the time comes. The program is worth pursuing. Councilmember Scott asked whether there are other aspects to be considered besides adding officers. The Police Chief confirmed there are. 12/19/94 -23- Mayor Paulson asked whether the department expects to add an officer in 1996, the time when this program would be in force. The Police Chief said it would be in effect in 1995. Mayor Paulson stated officers will be needed. The Police Chief noted funding starts February 1, 1995, but no parameters have been given. Mayor Paulson said the program could be passed over if the addition of officers were not a high priority, but it is. Councilmember Rosene noted senior citizens are frustrated when their homes are burglarized but there are not enough officers to investigate. Citizens want the streets to be more closely monitored. Those are two ways of gauging if more police staff is needed. Councilmember Scott stated officers will be needed in the future but the program requires writing a new program application and using the officer there. The program does not just provide another officer on the street or funding for an existing program. She agreed with the Police Chief. The F.A.S.T. program itself needs to be rewritten in order to be usable. The City could use a grant to enhance existing programs, but this program cannot be used that way. Mayor Paulson noted he is not totally familiar with the requirements of the program but it appears the funding can be used to fund police on the streets. The City needs to be creative and find money wherever possible. The Polic.- Chief noted if the City applies for the grant, the 1995 budget would need to be amended. The City Manager commented the grant program is for creating new programs, not for expanding existing programs such as Copps and DARE. Also, the requirements aren't documented. He noted Mayor Paulson does have all the information available. There is not enough information provided by the Federal Government to go on and the Police Department is reluctant to get involved. Mayor Paulson stated it would be worthwhile to turn in the one -page application and withdraw it later if necessary. The Police Chief said once the application is submitted the City would be committed to the program. Councilmember Rosene questioned whether a congressman could be enlisted to investigate the program for the future. Councilmember Mann stated the incoming Council should have the opportunity to discuss the matter at a work session. 12/19/94 -24- There was a motion by Councilmember Scott and seconded by Councilmember Mann to withhold application for the F.A.S.T. Program but investigate applying when it is economically feasible and advisable. Roll call vote: Councilmember Rosene, aye; Mayor Paulson, nay; Councilmember Scott, aye; Councilmember Mann, aye. The motion passed. 1995 PAY PLAN AND 1995 COLLECTIVE BARGAINING AGREEMENT FOR LOCAL 49 MAINTENANCE_) The City Manager reviewed the amount of increases and term of the agreement. He noted the probation period changed from six months to twelve months, a point the City sought. He also noted the police contract is hung up on economic issues. Councilmember Mann noted a three percent increase is consistent with the private sector. It is reasonable if it is the best deal the City could bargain. She noted, however, she did not like the health insurance amounts. The City Manager noted the health insurance involves a 70 percent employer contribution. The City Manager presented a Resolution Setting Wages and Salaries for the Calendar Years 1995 -1996 Collective Bargaining Agreement for Local No. 49. RESOLUTION NO. 94 -276 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEARS 1995 -1996 COLLECTIVE BARGAINING AGREEMENT FOR LOCAL NO. 49 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The Assistant City Manager noted the amount includes salary plus insurance costs for 1995- 1996. The motion passed unanimously. Mayor Paulson requested the compensation for City Manager be removed from the local, organized agreement until the evaluation is completed. RESOLUTION NO. 94 -277 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1995 EXCLUDING CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 12/19/94 -25- i CONSIDERATION OF 1995 LIQUOR LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Mann to renew the liquor licenses as listed. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Mann and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:28 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial 12/19/94 -26-