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HomeMy WebLinkAbout1994 05-23 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 MAY 23, 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 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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Director of Community Development Brad Hoffman, and Council Secretary Barbara Collman. OPENING CEREMONIES Mr. Dunberg offered the invocation. OPEN FORUM Joshua Filson, a member of Boy Scout Troop 529, explained a project he had recently completed. A requirement of the Eagle Scout rank is to plan and complete a project which is beneficial to the school, church, or community. He chose to plant a garden in Evergreen Park. His plan was submitted and approved by the City, then he began to solicit donations of money, plants, and materials. He organized a garage sale to raise the money to buy a fence. Twenty volunteers helped Joshua plant the garden on May 21. There was also a donation of refreshments for the volunteers. Joshua presented the flower garden to the City. He asked for permission to place a plaque at the garden site to explain the project. Mayor Paulson complimented Joshua on the accomplishment of his project. He told Joshua the experience of organizing the people was just as valuable as the experience of planting the garden. He said consideration will be given to erecting a sign. Councilmember Kalligher thanked Joshua for contributing to the community. Diane Lerbes, 5107 East Twin Lake Boulevard, also addressed the Council. She referred to recent articles in the press concerning the Chief of Police. She said she hopes the allegations are unfounded. She said she supports the City and is willing to listen. She asked 5/23/94 - 1 - i the Council to treat the allegations seriously, to move quickly in investigating the allegations, and to avoid conflicts of interest. Bob Peppe, 6713 Toledo Avenue North, mentioned the same issue. He said the Council should take action to have an independent investigation. He said the Council has an opportunity to set an example for other government bodies by acting quickly and fairly. COUNCIL REPORTS Councilmember Mann, acting as liaison to the park and recreation commission, read a thank you letter from Mrs. Jody Nelson concernin g commun the communi center. Councilmember Mann commended the staff at the community center. Councilmember Mann, again acting as liaison to the park and recreation commission, said neighborhoods are concerned about the playground equipment. She said the park and recreation commission believes a bond issue is needed to update all park equipment and park buildings. The City Attorney said this project could be in process by 1995. He said a bond issue requires an election, but it is feasible to have a bond sale in early 1995 and also construction in 1995. Councilmember Mann requested discussion on a bond issue for this matter be on the next City Council worksession agenda. Councilmember Mann, as a representative for the Tri -City Airport Commission, issued an invitation to an open house at the Crystal Airport on Sunday, June 5, from 9 a.m. to 4 p.m. Councilmember Mann remarked some citizens want an investigation done in regard to the controversy mentioned earlier. She asked how long it would take to find out about procedures for having an outside investigation. The City Attorney said options could be ready by the next Council worksession. Councilmember Mann asked whether a special meeting could be an open meeting. The City Attorney said all meetings are required to be open unless an exception is made. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to hold a special council session before June 1 to discuss options and procedures for an outside independent investigation into the allegations and review and expedite resolution. Mayor Paulson said he had looked into internal and external options for an investigation and agrees with the call for speed which has been expressed by citizens. He said two other issues - personnel reviews and a bond issue - should also be scheduled for a Council worksession. The motion passed unanimously. 5/23/94 -2- Councilmember Rosene said the Council should get started on making personnel evaluations which have been put off. Mayor Paulson said the procedure of going through the City Manager should be followed rather than going around the City Manager. There was a motion by Councilmember Kalligher to begin a discussion of a park bond issue and to locate a document for evaluation of the City Manager which should be a discussion item at the next meeting. Mayor Paulson said he thought the Council should actually do the evaluation since speed is called for. It has been put off and now a meeting should be scheduled to perform it. Councilmember Kalligher asked what evaluation form would be used. Mayor Paulson said the Council members each use their own form. Councilmember Kalligher asked whether the evaluation of the City Manager should be handled in a separate meeting or as part of the investigation. She wondered if this subject would be added to the meeting already scheduled before June 1. Mayor Paulson said there should be a meeting concerning the process and then, one or two weeks later, a meeting for the evaluation. Councilmember Mann suggested June 6 as a work session to discuss information obtained in the special session and the review of facts. Mayor Paulson asked if she meant a discussion on the bond issue and the evaluation process. Councilmember Mann agreed. Councilmember Kalligher added a separate meeting could then be scheduled to use the determined process to do the evaluation. Mayor Paulson said the bond issue should be considered during June, maybe with people addressing the Council on the matter. The City Manager said Mr. Morris could be scheduled to talk about the bond issue on June 20. Councilmember Rosene commented the Council only has the authority to evaluate the City Manager. However, it does approve or disapprove merit for other personnel and therefore needs information on their performance. It is premature to evaluate the City Manager's performance until we get information from the investigation (if there is one). Councilmember Scott asked whether personnel evaluation sessions are required to be closed. The City Attorney he believes if the Council is evaluating someone subject to its direction and control it is closed unless that person asks for it to be opened. A condition is that the 5/23/94 -3- purpose for closing it must be announced before the meeting and a summary of the conclusions must be made public at the next open meeting of the Council. Councilmember Scott said the Council has been busy meeting deadlines and has not intentionally avoided performing this evaluation. She said she agrees the evaluation needs to be done. Councilmember Rosene said the bond issue discussion is important, but the investigation is more pressing timewise. Councilmember Mann said a date should be set for the special session on options for doing an independent investigation. She suggested May 26 or May 31. The Council agreed on Tuesday, May 31 at 8 p.m. for this meeting. The City Manager said he would arrange a place and notify the Council of a location for the meeting. Mayor Paulson said the schedule would then be May 31, a meeting to consider investigation options; June 6, a session to review a personnel evaluation process; and June 20, a session to consider the bond issue. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to hold a work session on June 6, 1994, for a personnel evaluation process. The motion passed unanimously. Councilmember Scott asked if it would be closed. The City Attorney said it would be open if it were for discussing a process and closed if it is an actual evaluation. Mayor Paulson announced the recent DARE Relays and bike rodeo were both successful, well- attended events. 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. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to add an Executive Session following the meeting of the EDA May 23, 1994, to discuss a pending lawsuit. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the May 23, 1994, agenda and consent agenda as printed. The motion passed unanimously. 5/23/94 -4- APPROVAL OF MINUTES APRIL 25, 1994 - REGULAR SESSION I There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of April 25, 1994, regular session as printed. The motion passed unanimously. MAY 9, 1994 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of May 9, 1994, regular session as printed. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MAY 23 THROUGH MAY 30,1994, AS BUCKLE UP AMERICA! WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -100 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID HILDEBRANDT The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -101 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EVERETT C. LINDH The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 5/23/94 -5- RESOLUTION NO. 94 -102 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SUSAN G. WARNER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -103 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR NORTHWEST AREA IMPROVEMENTS, IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12, CONTRACT 1994 -F The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -104 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR JAMES/KNOX/54THAVENUES IMPROVEMENTS, IMPROVEMENT PROJECT NOS. 1994 -01 AND 1994 -02, CONTRACT 1994 -E The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -105 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CENTRAL GARAGE IMPROVEMENTS, IMPROVEMENT PROJECT NO. 1993 -19, CONTRACT 1994 -A The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 5/23/94 -6- RESOLUTION NO. 94 -106 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 69TH AVENUE LANDSCAPING, PHASE II, IMPROVEMENT PROJECT NO. 1994 -30, CONTRACT 1994 -G The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the final plat of Evangelical Lutheran Church of the Master 2nd Addition. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the following list of licenses: AMUSEMENT DEVICE - VENDOR B & K Music and Sales 133 Spring Valley Circle MECHANICAL SYSTEMS Burnsville Heating and A/C, Inc. 12481 Rhode Island Ave. S. C.O. Carlson Air Conditioning Co. 1203 Bryant Avenue N. Constrom's Heating and A/C 7201 W. Lake Street Del -Air, Inc. 9834 James Circle Harris Air Systems 230 Territorial Road Marsh Heating and A/C Co., Inc. 6248 Lakeland Avenue N. #110 P & D Mechanical Contracting Co. 4629 41st Avenue N. RENTAL DWELLINGS Initial: Franklin C. Jesse, Jr. 4207 Lakeside Avenue N. #238 Renewal: Earle Brown Farm Apartments Earle Brown Farm Apartments Jay Showalter 6742 -44 France Avenue N. Roland Scherber 7212 Newton Avenue N. Harshad Bhatt 7206 -12 West River Road Sharon Krawiecki 5209 Xerxes Avenue N. Anna Gullord 2309 54th Avenue N. The motion passed unanimously. 5/23/94 -7- PRESENTATION 1994 PARTNERSHIP MINNESOTA COOPERATIVE PUBLIC SERVICE AWARD FOR CO -OP NORTHWEST PROJECT The City Manager displayed a plaque which the City has recently received from the Board of Directors of Partnership Minnesota in .recognition of its efforts to improve services to citizens. He added this is a significant accomplishment, and he hopes the program will continue to be productive. Mayor Paulson accepted the award on behalf of the City. CHARTER COMMISSION CERTIFICATES OF APPRECIATION The City Manager introduced the chairman of the Charter Commission, who called on David Hildebrandt and Everett Lindh to come forward. Mayor Paulson presented a Certificate of Appreciation plaque to Mr. Hildebrandt for his service on the Commission. Mayor Paulson presented a Certificate of Appreciation plaque to Mr. Lindh for his service on the Commission. Mayor Paulson asked the chairman to present a Certification of Appreciation plaque to Susan Warner for her service on the Commission. MAYORAL APPOINTMENTS HOUSING COMMISSION Mayor Paulson said he had received one application for the vacancy on the Housing Commission, from Maria Olek, 6612 Ewing Avenue North. He appointed Ms. Olek to the Housing Commission and asked the Council for confirmation. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to appoint Maria Olek to the Housing Commission. Councilmember Mann commented she believes Ms. Olek will bring a new perspective to the Housing Commission as she is involved in property management. The motion passed unanimously. SHINGLE CREEK WATERSHED AND WEST MISSISSIPPI WATERSHED COMMISSION The City Manager stated the only application received for the West Mississippi Watershed Commission was from City Engineer Mark Maloney. He said it was appropriate to appoint 5/23/94 -8- City Engineer Mark Maloney as the commissioner and Director of Public Services Diane Spector as the alternate. Mayor Paulson recommended the appointment of City Engineer Mark Maloney as the commissioner of the watershed districts and Director of Public Services Diane Spector as the alternate. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to appoint City Engineer Mark Maloney as commissioner of the watershed districts and Director of Public Services Diane Spector as the alternate. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 6 Regarding the Administrative Code. This ordinance was first read on April 25, 1994, published in the City's official newspaper on May 4, 1994, and is offered this evening for a public hearing and second reading. This ordinance approves the new administrative structure. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 6 Regarding the Administrative Code at 7:37 p.m. He inquired if there was anyone present who wished to address the Council. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 7:38 p.m. The motion passed unanimously. ORDINANCE NO. 94 -09 Member Barb Kalligher introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 REGARDING THE ADMINISTRATIVE CODE The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Vacating Part of a Sanitary Sewer Easement, Tract A, RLS No. 1377, 2700 Freeway Boulevard. This ordinance was first read on April 25, 1994, published in the City's official newspaper on May 4, 1994, and is offered this evening for a public hearing and second reading. The City Manager reminded the Council this is a piece of easement which was inadvertently missed, is of no use, and should be vacated. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Vacating Part of a Sanitary Sewer Easement, Tract A, RLS No. 1377, 2700 Freeway 5/23/94 -9- Boulevard at 7:39 p.m. He inquired if there was anyone present who wished to address the Council. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to close the public hearing at 7:40 p.m. The motion passed unanimously. ORDINANCE NO. 94 -10 Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT, TRACT A, RLS NO. 1377, 2700 FREEWAY BOULEVARD The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. PUBLIC HEARING INITIAL APPLICATION FOR PRIVATE KENNEL LICENSE AT 6421 BRYANT AVENUE NORTH The City Manager called the Council's attention to a staff report regarding the application for a private kennel license. The issue is four cats are present on the property and the ordinance allows only three cats. He recommended the Council issue the license to allow four cats until December 31, 1994, after which only three cats would be allowed. Councilmember Rosene noted a sanitation inspection had not been done, and he would have appreciated having that information even if it couldn't be done within the timeframe needed for the staff recommendation. The City Manager said he had been told there is not a sanitation concern. Mayor Paulson opened the meeting for the purpose of a public hearing on the Initial Application for Private Kennel License at 6421 Bryant Avenue North at 7:41 p.m. He inquired if there was anyone present who wished to address the Council. Jim Roberts, 6421 Bryant Avenue North, said he was present to appeal the denial of the kennel license. He said the application was denied on the basis of one negative letter from a neighbor. In response to the letter from a neighbor, Mr. Roberts said the four cats are kept inside for safety reasons and are not allowed outside. He pledged to continue to keep them inside. He said he and his wife enjoy birds also and have, in fact, put up a birdbath and birdfeeder. Mr. Roberts said he and his wife are conscientious pet owners who consider their pets their family. He said three of the four cats have been neutered or spayed and the other will be 5/23/94 -10- in July 1994. He said he has records to show the animals' shots are up to date. Mr. Roberts said there are two cats aged eight years and two cats aged four years. Mr. Roberts said the cats are healthy, neutered or spayed, are kept in the house, and are not terrorizing humans or birds. He said he can do nothing about the neighbor's cat phobia except assure her she will not encounter his cats. He went on to say the application stated it was a private license, not a business opportunity. Mr. Roberts also said he did contact the City to reschedule the sanitation inspection. He was told the office would coordinate it but he was never contacted again. He said the license was denied because the inspection did not take place. The City Manager said the lack of an inspection was not the reason the license was denied. Mr. Roberts also said he is upset the one person who was concerned about the cats, who had his name and address, had not even contacted him for information about his plans. Mr. Roberts added he understands he and his wife are the first Brooklyn Center citizens to ever apply for a private cat kennel license and surely many people have four or more cats. He felt he was following the law, but if he had kept quiet no one would have known. He said he has been "ribbed'; he shouldn't have even applied for the license. He asked the Council to reverse the denial and send the message honesty is the right way. He said this is an issue which should not have come to this point of Council involvement. Mr. Roberts added he and his wife would go so far as to promise to not replace the first cat which lives out its natural life. Councilmember Scott thanked Mr. Roberts for coming to the Council with this and asked whether, now that winter is over, he has gotten to know his neighbors. Mr. Roberts said he knows the next -door neighbors and many neighborhood children play basketball in his driveway. Councilmember Scott said cat phobia is very real and scary. She noted there are apparently cats loose in the neighborhood and the Roberts' cats may be bearing responsibility in error. Mr. Roberts said he has heard there is a house in the area with 20 cats. Councilmember Scott suggested he try to meet neighbors; he will probably find the neighbor who objected and he can get to know her and understand her fears and she can get to know him. Mr. Roberts said he had been disappointed the neighbor did not contact him since she knew his address. Councilmember Scott commended Mr. Roberts for applying for the license. 5/23/94 Councilmember Rosene thanked Mr. Roberts for bringing the issue to the City Council. He asked what the life expectancy is of the cats. Mr. Roberts said the life expectancy is 11 to 12 years. The kennel license is for three years. Councilmember Rosene stated he believes the neighborhood needs animal control. Councilmember Rosene said he appreciated Mr. Roberts' offer to not replace one of the cats when it dies. He commended Mr. Roberts for his honesty. Councilmember Rosene told the City Manager he would like to see this ordinance revised. He suggested the Council could allow the Roberts to keep the four cats until there was a documented case of a cat getting out, then be given a warning of six months to comply with the ordinance. He said if the Council does not have the ability to do something like that he would like to see the ordinance revised so it did. He also asked the City Attorney about this procedure. The City Attorney said it is questionable whether such ordinances would be enforceable. He said the ordinance could be amended to provide the Council with the authority to impose specific conditions. The City Manager said this ordinance is seven or eight years old; before that, there was no license procedure. Modification can be considered. Mr. Roberts asked whether the ordinance stipulates three cats or two dogs are allowed, or if states three cats and two dogs. Councilmember Scott noted the Roberts' case is different because they had the cats before moving to Brooklyn Center. She said a case of four dogs would be different. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to overturn the City Manager's denial of the private kennel license and allow the Roberts to keep their four cats with the specification when one of the cats dies it not be replaced. The motion passed unanimously. DISCUSSION ITEMS LEGISLATIVE UPDATE The City Manager stated the session has ended. The data privacy issue has been cleared up, which is important to the City Assessor. There was a change in the tax increment financing law so the City can now establish a TIF district. The governor vetoed the entire Health and Human Services bill, as well as funding to the Northwest Law Enforcement Project which is part of the Northwest CO -OP. It was possible for the governor to veto other bills through last Friday, but he is unsure whether he did. A recap of the session will be coming from the League of Minnesota Cities. 5/23/94 -12- HUMBOLDT AVENUE IMPROVEMENT PROJECT UPDATE The Director of Public Services said the Council had directed Staff to report back on plans concerning the Humboldt Avenue Improvement Project. She said Staff had met with the consultant and the neighborhood representatives. She said Staff has received the level -of- service reports, which Mn/DOT uses to evaluate proposed non - standard improvements. She said a rating of A is the best and F is the worst. The report showed a 32 -foot roadway with parking on one side would be an E or F rating, depending on the time of day. The City has submitted the report and street layout to Mn/DOT but Staff thinks the chances of Mn/DOT approving this plan are very slim. The Director of Public Services outlined procedures from the Level of Service study to the review of the special assessment policy. She said if the 32- foot roadway is not approved, there are other options. Other options are 1 direct Staff to submit a variance request in September) P ) q ( P ) and demonstrate the proposed non - standard roadway would work; or 2) direct Staff to plan a 30 -foot roadway. Another alternative would be to find a different design or different funding sources (not State Aid). The Director of Public Services said the neighborhood representatives seem to prefer the curvilinear alignment and are divided on the preferred construction schedule. Councilmember Mann asked the Director of Public Services whether a proof -of- function report would be needed if the 30 -foot roadway plan was instituted. The Director of Public Services said it would not be necessary. She said there would need to be a resolution directing no parking, and the project could possibly be completed in 1994. The Director of Public Services said the deadline for a variance request is June 1, and the City cannot apply for variance unless it has a denial from Mn/DOT and a detailed plan. Due to time constraints, the variance application cannot be done now. There was a discussion between Mayor Paulson and the City Manager concerning the course of events and riming, as well as the expected results of the level -of- service study. Councilmember Rosene asked about the position of the neighborhood representatives. The Director of Public Services said she believes they, in general, favor the 32 -foot curvilinear alignment. There was a discussion concerning other details of the planned improvements. Councilmember Rosene commented the Council had said if Plan A didn't work it would go on to Plan B. He said the Council should now go ahead and institute Plan B. There was more discussion concerning details of the plan. Councilmember Rosene said he favors not having an assessment since people should not have to pay for something they didn't want. 5/23/94 -13- Councilmember Kalligher asked whether the improvements can be made this year. The Director of Public Services said it is unlikely he project could be completed since it is late Y P J P to award a contract. The City Manager said if there is good weather the roadway could be put in, but detail work would be left until next year. Councilmember Rosene said it should be done right away so the people could have immediate traffic reduction. Councilmember Scott said sometimes when a road is closed people find alternate routes; maybe when it is re- opened some people will continue to use the new routes they found. There was a discussion concerning an intersection, buses, and lane usage. Councilmember Rosene said he is in favor of the 30 -foot plan now because waiting a year will not make any difference. Councilmember Mann asked who will pay for the utilities and lighting if there are no assessments. The City Manager said the storm drainage is paid through State Aid. Larry Cuskey, 7024 Humboldt Avenue, said the hope was to reduce the traffic but a 30 -foot roadway will increase the traffic. He urged the Council to use the task force to create a better option. Mike Schwartz, 7100 Humboldt Avenue, said the plan being considered is not an improvement, so the expenditure of money cannot be justified. Councilmember Rosene told Mr. Schwartz the improvements would be in the form of the power lines being buried, the sewers improved, new curb and gutter, and landscaping. He said adding two stop signs and a No Right Turn are steps in the right direction. Mr. Schwartz asked how much money has been spent at this point. The City Manager said the amount spent in staff time has been extensive. The Director of Public Services said about $15,000 to $20,000 has been spent in studies and consulting fees. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to delay any action for this year and if the 32 -foot roadway plan is not accepted to apply for a variance in September. Mayor Paulson said he agrees with the sense of frustration on this project, as in almost a year no progress has been made. He said the objectives were to build in 1994 and improve the neighborhood. The motion does not help meet the objectives. Councilmember Mann said a 30 -foot roadway is inadequate; it does not meet the overall community needs. 5/23/94 - 14- Councilmember Rosene said he would vote against the motion because he would prefer to see something happen this year•, then the task force could consider more areas than just Humboldt. Roll call vote: Councilmember Kalligher, aye; Councilmember Scott, aye; Councilmember Mann, aye; Councilmember Rosene, nay; Mayor Paulson, nay. The motion passed. The Council recessed at 8:48 p.m. The Brooklyn Center City Council reconvened at 9:04 p.m. SHINGLE CREEK DROWNING INCIDENT The City Manager pointed out the materials given to the Council on this issue, including a citizen petition. He said the drowning incident involves mostly private property issues. Therefore, he recommended the Council await action by the Ponds ownership and residents' group. Councilmember Mann said the Council should wait to see what level of involvement by the City is needed. There was a motion by Councilmember Mann and seconded by Councilmember Scott to direct Staff to work with the Ponds ownership and residents' group. Mayor Paulson said the City can help in some areas, such as a Neighborhood Watch. Councilmember Scott suggested an organization called Tree Trust could be involved. It is an organization which supplies summer employment for young people of clean-up work. She said if the area were cleaned up it would be less attractive to small children for play; also, the residents could get involved. She asked Councilmember Mann whether the motion could be amended to include involvement with Tree Trust. Councilmember Kalligher commented the Council should wait to see how much the Ponds management is willing to do. The City Manager said the City has already extended Crime Watch. Councilmember Mann said the Council cannot force a Crime Watch program. Councilmember Kalligher asked for the Council to be updated on the results of the meeting of the Ponds management and residents' group. Councilmember Rosene asked for the motion to be re -read. Councilmember Mann said she had made a motion the Council be informed of the actions of the Ponds management and residents' group, the Staff would work with the groups, and Tree Trust be recommended. 5/23/94 -15 - Councilmember Mann commented the groups should be encouraged, not forced, to start a Crime Watch program. Councilmember Scott said the Council needs facts from the groups first then it can coordinate programs. She said the drowning incident illustrates young children in the area need activities. Mayor Paulson said that is why he favors the written resolution as opposed to this motion. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING NONCOMMERCIAL OPINION OR EXPRESSION SIGNS The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances Regarding Noncommercial Opinion or Expression Signs. This item is presented tonight for first reading. The Planning and Zoning Specialist said the Planning Commission recommended this action, which would distinguish between campaign signs and others. He recommended the language be approved. Councilmember Mann said she is comfortable with the wording and would like to see the ordinance come back. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to approve first reading of An Ordinance Amending Chapter 34 of the City Ordinances Regarding Noncommercial Opinion or Expression Signs. Mayor Paulson asked whether other cities have this ordinance. The City Attorney said most cities allow certain signs but prohibit free expression of ideas. Because of the Goward case, such an ordinance is now deemed unconstitutional. Most cities are waiting for guidance from the courts, which is expected soon, but it appears this wording change is enough to withstand argument. He added absolute prohibition as Brooklyn Center has currently is unconstitutional. It is safe to allow one sign (more during campaign seasons). He also stated he has advised the City Staff not to enforce the existing ordinance. He said this amendment is a start in the right direction. Councilmember Scott commented this action would at least show the City is attempting to deal with the issue. The City Attorney agreed and added this amendment would make the ordinance enforceable. The motion passed unanimously. 5/23/94 -16 - ADJOURNMENT 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 adjourned at 9:26 p.m. c- Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial 5/23/94 -17-