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HomeMy WebLinkAbout1994 06-13 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 13, 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, Finance Director Charlie Hansen, City Engineer Mark Maloney, Captain Scott Kline, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. OPENING CEREMONIES Jim McCluskey offered the invocation. OPEN FORUM Mayor Paulson inquired if there was anyone present who wished to address the Council. Mary Ziskovsky, 1308 69th Avenue North, a volunteer at the Humboldt Avenue substation, presented a petition with signatures of 700 citizens. She said the petition asks for reinstatement of the officers in the COP (Community Oriented Policing) Program. Changing the program to a system of officer rotation will be heading the program in the wrong direction and negate the efforts of the past two years. The program has had a positive effect on teens; business people have seen a change, but there is concern the situation will regress if the program is suspended. She mentioned funds were allocated for two new police officers but they have not been hired. She said the program is working well so it should not be changed. She also gave credit to the three COP officers. Dominic Thomas, a teen, also spoke in favor of the COP program. He mentioned he trusts the three COP officers, Frank Roth, Keith Carlson and Scott Nadeau, and if the program is dropped the change will result in a rise in crime. Councilmember Rosene commented that Dominic Thomas was part of a recent forum on crime and youth. Beth Kunz, manager of The Ponds and represents the Managers' Coalition Group, also 6/13/94 - 1 - voiced support for the COP program. She said residents of The Ponds had been fearful of the youth situation in the area. In 1992, the COP officers helped clean up the townhome area; however, in 1993 the COP program was not active there and the problem began again. Mayor Paulson asked the City Manager to comment on these statements by citizens. The City Manager said Sergeant Roth is in charge of the COP program, and it is the hope there will be a change in the philosophy of the program resulting in the involvement of all police officers rather than just a few, as the program was initially implemented. Captain Scott Kline stated the program has been in the Humboldt area for five years and originally included officers from the police chief on; that level of involvement is sought. Captain Kline explained the current complement of police officers. He said adjustments need to be made to cover the street shifts during the upcoming vacation period: out of 42 authorized police officers, one has been terminated; two are in Injured On Duty status; three are the chief and captains; seven are sergeants; six are investigators; and two are in the process of being hired. Therefore, there are only 21 working patrol officers at the present time and three people are necessary for a result of two on duty. He added one of the COP officers has requested five weeks of vacation in June and July. Councilmember Rosene asked to what extent the sergeants work out on patrol. Captain. Kline said the sergeants are out on patrol but must be counted as supervisors rather than officers because they must respond to administrative matters. Councilmember Kalligher asked whether there will still be officers at the substation. Captain Kline said there will be officers at the substation; Sergeant Roth will still be handling requests for speakers and making assignments with the officers on duty. The change will allow more flexibility in scheduling. Councilmember Kalligher asked how long it will be until the program resumes to the usual status. She questioned whether the problem will be solved with the hiring of the two police officers for which funds have been allocated. Captain Kline said he hopes hiring will be completed soon and the new officers ready to take their places by fall. Also, one of the injured police officers may be back to work by fall. Mayor Paulson asked the City Manager why it has taken six months to fill the two positions which were authorized in the budget on January 1. The City Manager said one reason is that the City had requested federal grant money for more officers and the chief did not want to jeopardize it. Two officers were added but there were retirements and resignations. He also said the testing process was under challenge by the court. A modification is needed in the selection process to obtain suitable applicants. Councilmember Scott commented two police officers were hired, but two retired, so the count stayed even. The City Manager agreed. 6/13/94 -2- Councilmember Scott asked Captain Kline whether the two officers in the hiring process currently are experienced officers or will be new to police work. Captain Kline said they are inexperienced. Mayor Paulson said he was concerned two more officers were authorized and not hired. He feels the City Council should have been advised of this matter. He said the City Council should also have been advised of changes in the COP program. These are policymaking decisions which the Council should have been involved in or, at least, aware of, and policymaking decisions should be carried out. The City Manager said the officers change because according to union contract the shifts are bid by seniority and therefore, it is not possible to estimate who will be on what shift. He added the COP program should not be a program but a philosophy in which all officers are involved. This change is simply a more effective use of personnel. Mayor Paulson asked what is being done to implement the philosophy among the police officers. Captain Kline said the police officers will be assigned duties in the COP program. Councilmember Scott suggested a copy of the petition be sent to the Police Chief since adjusting the program was his decision. Mayor Paulson reiterated policy decisions of the Council should be enacted, and the Council should be involved in the decision - making process. He would like to see those issues addressed in the future. In response, Ms. Ziskovsky said the fact is that the COP program works and is being removed at the peak of its effectiveness. The program resolves a problem through personal contact. There is not a scheduling problem; if necessary, the City should offer overtime to policemen. She emphasized money is not the answer to the future of Brooklyn Center. The three individual officers are vital and it is a big mistake to remove them. Councilmember Scott asked Ms. Ziskovsky whether she understood Captain Kline to say one of those three officers had requested five weeks vacation and wouldn't be available regardless. Ms. Ziskovsky said she understood. Mayor Paulson asked when the change would go into effect. Captain Kline said the present schedule is still in effect until the bidding is done. Mayor Paulson commented if a policy decision were made there would be time before the change is effected. He wondered if the issue could be addressed on the council agenda in time to stop the change in the program. Captain Kline said it takes three weeks to make changes, and he is concerned about the vacations the police officers have earned. 6/13/94 -3- Mayor Paulson commented volunteers run the program with the involvement of two police officers for 15 minutes eve night. All that is needed is 15 minutes each night and a every g g sergeant administering the program. Captain Kline said the summer plans are frozen because of the union bidding. If there is going to be further action taken, it needs to be immediate. Councilmember Scott mentioned the officers who work at the substation may even be bumped from that police shift due to seniority. She said Captain Kline is saying nothing is sure. If those officers are assigned middle shift, they can still go to the substation. Captain Kline requested any action be immediate because of the effect on plans of the officers. Mayor Paulson said that would really be a separate decision from whether or not there is going to be an officer assigned. He said he is not advocating an upset in the schedule, just consistency in the program. Captain Kline said the program will not be run with just two or three officers who are set aside. Councilmember Rosene said he didn't feel the citizens were saying that. Captain Kline said the officers can still stop in at the substation. Councilmember Rosene said if the schedule is set the officers are still going now. Captain Kline agreed. Councilmember Rosene said the residents have the impression the officers have been removed as of this week. Captain Kline said if that action had been taken it was by order of Sergeant Roth. Councilmember Kalligher asked whether officers will still go to the substation but there is just no guarantee of a slot on the middle shift. Captain Kline said there will be no COP slot; all officers will participate. The intention is in the fall there will be enough officers, new bidding will be done, then officers will be sent to the substation. Councilmember Kalligher asked whether overtime is being used to cover the shifts. Captain Kline responded affirmatively. Councilmember Mann asked whether the officers will be rotated. Captain Kline said after the vacation period there will be permanent COP officers but the whole department will be involved. Rhonda Manderfeld, manager of Four Courts, said the COP program has helped her area's reputation be turned around. She said even 15 minutes per day of police walking the property is vital. This summer the officers are not coming around very often and there are teens around. She added the Council is being told from all sides this issue is crucial; it is 6/13/94 -4- asked for some attention and communication. Mary Nelson, 5302 Morgan Avenue, said an important point is it takes time for officers to build a trust with kids. A rotation of officers is a show of force rather than a relationship of trust with individual officers. Councilmember Scott requested a meeting be scheduled with the Police Chief and Sergeant Roth to address the concerns. She agreed the Council should have been made aware of this situation before this point. She agreed with Captain Kline the officers need to be out of their cars walking patrols. The Police Chief needs to be made aware of this issue. The City Council has sponsored the COP program and doesn't want to see it "down the drain." The City Manager said he and the Police Chief became aware of this the previous Thursday or Friday. The original rumor was the substation was being closed. The Staff is willing to work with volunteers, the police department, and the Police Chief. Councilmember Scott asked whether a report could be given at the next Council meeting. The City Manager replied affirmatively. Mayor Paulson asked whether the officers would still be going to the substation. The City Manager said they will still go but multiple officers will cover the hours. That doesn't . necessarily mean a different officer every night, as an officer may be on duty seven days and off three. More flexibility is necessary for the summer. There cannot be an assumption the officer will be the same. Councilmember Rosene commented if there was a matter of policy or of closing the substation or ending the program the City Council would have been involved. Since it is a management decision the Council is reluctant to take control, but it is making opinions known. He said he agrees consistency within the COP program is important; therefore, perhaps those three particular officers should be rotated and another officer who is a good fit worked into the rotation. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to direct the Police Chief, Sergeants, Police Officers, and Humboldt Substation volunteers to meet to discuss what is going on and what can be done with the Humboldt Substation; to keep the COP program at the Humboldt Substation; keep a sense of regularity as far as officers assigned at the Humboldt Substation; specify philsophical implementation of the COP program and be specific on manpower; and to hire two police officers as adopted and approved in the 1994 budget. The motion passed unanimously. The City Manager was asked by a citizen when the meeting will take place. The City Manager said a date for the meeting would be set the next day. 6/13/94 -5 - Councilmember Scott asked for a minimum timeline for the meeting. She suggested one week; the City Manager agreed. Councilmember Kalligher asked for an update on Friday. Jill Schendel, 7242 Willow Lane North, spoke about the renovation of neighborhood parks. She said the Park and Recreation Commission advised her to come to the City Council. The parks in Brooklyn Center are functional but not "truly great" and don't satisfy the needs of today's families. The Park and Recreation Commission has a plan for updating the parks, but there are five to seven years to go on the plan. Some progressive people lose interest and move from Brooklyn Center. The parks need to be changed in these areas: they need to offer lifetime sports opportunities; they need landscaping; they need a variety of safe equipment which is age - appropriate; they need to be inviting. She mentioned a project in Baltimore in which teens and adults were involved in building parks and crime in the area dropped. She talked specifically about her neighborhood park. It is last on the schedule to receive new equipment (1997). Because of the Capital Improvement Projects fund, the completion date could be delayed two years and by then the parks will be a "wreck." The park system is not a priority and citizens are tired of waiting for improvement to the parks. She asked the Council to find a way to push improvements forward by increasing the balance in the Capital Fund, a bond issue, matching funds, or neighborhood fund- raising drives. Councilmember Kalligher suggested this topic be considered at the work session on June 21. The City Manager said Council is looking into capital bond issues, including parks. Councilmember Scott suggested Ms. Schendel contact the commissioner from her area and offer to work on this issue. Councilmember Mann suggested Ms. Schendel call the Director of Recreation. Councilmember Scott said there has been a Neighborhood Advisory Committee for over twenty years. The City Manager said the Neighborhood Advisory Committee was merged with the Planning Advisory Committee. The City Manager mentioned improvements are being made at Willow Lane in conjunction with the PTO, and Evergreen was done the same way. Mayor Paulson said re- prioritizing was discussed but not completed. The City Manager said Council will be looking at the Capital Improvements Fund at the same time as the budget, so there will be discussion on it. The Park and Recreation Commission had shuffled due to a greater need. Mayor Paulson asked whether parks could be shuffled with something else in the Capital 6/13/94 -6- Improvements budget. The City Manager said it will be considered at the end of August. Mayor Paulson said perhaps it should be considered separately from the budget. The City Manager said the two go together. Mayor Paulson said he likes the other options such as matching funds. Councilmember Rosene mentioned one resolution on the agenda concerns flowers from the Rotary Club and this is a good example for other organizations. He likes the ideas for citizen involvement. Rod Snyder, 6408 Willow Lane, chairman of Willow Lane Association, said he has spoken to Ms. Schendel. He said putting money into a project doesn't necessarily provide the best result as some areas where money as s then had Y spent t t e a vandalism. He commented this issue relates to the COP program issue; the mix of volunteers and officers have had an effect. In regard to the parks, how can kids be enlisted so they take ownership and will care for the parks. Creative partnerships are needed. Not all parks are paired with schools. Dave Olsen, 1501 73rd Avenue North, suggested Eagle Scout projects could be a source of help in this area. Boy Scouts are looking for these projects, which use 500 -600 hours of time. Playgrounds could be built, not just cleaned up. If adults and kids in an area are involved (and materials provided), vandalism is not likely. Councilmember Rosene commented the Council recently heard about such a project from a Boy Scout. Mr. Olsen said he could furnish names of scoutmasters in the Viking Council. David Mckenzie, Lake City, Minnesota, said he holds bonds and represents other bond- holders who hold bonds in the Earle Brown Commons. The complex is in Chapter 11 and bankruptcy due to the tax structure. The planned senior citizen center was never completed, but the complex is in the Tax Increment Financing (TIF) district so it is now Chapter 11. A second bond issue for $6 million was added to the TIF district; taxes are difficult. There are 135 families who are concerned about the viability of the project. It is a handicap that the senior center was not completed. Tax is 26% to 28% currently; similar properties are 14% to 15 %. This is because it is in the TIF district and the project was not completed as proposed. He asked the Council to put someone on the agenda to give details on taxes. Mayor Paulson said this is a complicated issue and it is a good idea to have it presented at an EDA work session. He added the purpose of the Open Forum is to present issues so they can be scheduled for hearing at a later date. The City Manager said it would be put on the agenda for the next EDA work session. He mentioned there are issues other than taxes involved in the bankruptcy. The senior facility was to be in the building. The City did its part by contributing to the kitchen and a room within the building. The idea of a separate center was dropped early in the plan. 6/13/94 -7- Mike Schwartz, 7100 Humboldt Avenue, stated reconstruction on Humboldt Avenue is now off the schedule for this year. He said certain parts of the plan (stop signs, No Right Turn sign, noise nuisance ordinance) could be implemented regardless. He said the neighbors want to know whether any improvements will be made. He added money and efforts have been spent on this issue. Councilmember Rosene agreed with putting a stop sign on 67th, putting a No Right Turn (at certain times) sign up, restriping pedestrian walks, enforcing the traffic laws, and making a Left Turn Only lane. He said he would be willing to make a motion to that effect. Councilmember Kalligher asked if he meant the stop sign on Woodbine. Councilmember Rosene said he meant 67th. Councilmember Kalligher asked about the problem of buses. Councilmember Rosene said the buses can stop or cuttings could be constructed. Mayor Paulson asked the status of the items mentioned. The City Manager said those items were considered part of the whole project so there had been no further action. He described items of concern with the projects mentioned, such as specific times to be used for the No Right Turn sign, and a conflict with too many signs. The City Manager said he would like the City Engineer to review the issues and give a response if action is desired. He added the Council should reconsider the rationale on the stop signs. Councilmember Scott inquired about crosswalk restriping and No Right Turn sign installation while the project is on hold. Councilmember Mann asked what hours are the peak traffic problems. Mr. Olsen said posting six to eight would be fine. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to install a No Right Turn from 6 a.m. to 8 p.m. sign, restripe crosswalks on Humboldt Avenue, and receive a report on other issues at the next meeting, including consideration of a stop sign at 67th Avenue. The motion passed unanimously. COUNCIL REPORTS There were no Council Reports. 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 Scott and seconded by Councilmember Mann to 6/13/94 -8 - approve the June 13, 1994, agenda and consent agenda as printed. The motion passed unanimously. APPROVAL OF MINUTES MAY 16, 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of May 16, 1994, special work session as printed. The motion passed unanimously. MAY 23, 1994 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of May 23, 1994, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -107 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE OF JON PERKINS FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION AND WATER MANAGEMENT PLAN TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -108 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF RICHARD GENETTI FOR HIS ACHIEVEMENT IN SWIMMING 500 MILES IN THE BROOKLYN CENTER POOL The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -109 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FOR CERTAIN ADA COMPLIANCE EXPENDITURES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 6/13/94 -9- RESOLUTION NO. 94 -110 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -111 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) TRUCK COMPLETE WITH SEWER VAC CATCH BASIN CLEANER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -112 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) SANITARY SEWER MOBILE PUMP The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994-20,24" WATER MAIN REPAIR, I -94 AND DUPONT AVENUE NORTH, APPROPRIATING FUNDS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -114 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -25, PEDESTRIAN BRIDGE REPAIR IN GARDEN CITY PARK AND AT COUNTY ROAD 10, APPROPRIATING FUNDS, APPROVING PLANS AND SPECIFICATIONS, 6/13/94 -10- AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -115 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 PAY PLAN, AUTHORIZING PERSONNEL CHANGES AT THE GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -116 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 06/13/94) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -117 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1993 -25, CONTRACT 1993 -I, STORM SEWER REPAIRS AT 69TH AVENUE NORTH AND JAMES AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -118 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING SPECIAL LEGISLATION BY GOVERNING BODY PURSUANT TO MINNESOTA STATUTES 645.02 AND 645.021 (TIF DISTRICT LEGISLATION) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 6/13/94 - 11 - RESOLUTION NO. 94 -119 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER FOR CENTRAL PARK FLOWERS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER FOR "MUSIC IN THE PARK" 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 Scott and seconded by Councilmember Mann to approve the following list of licenses: AMUSEMENT DEVICE - VENDOR Carousel International Corp. P.O. Box 307 D.V.M. Inc. 296 North Pascal MECHANICAL SYSTEMS Air and Furnace Care 8733 Humboldt Ave. N. Air Corp., Inc. 4088 83rd Ave. N. Custom Mechanical 5973 3rd Street NE O'Brien Sheetmetal 144 Glenwood Ave. RENTAL DWELLINGS Renewal: Lloyd J. Waldusky Georgetown Park Townhomes Michael and Barbara Nelson 6206 Brooklyn Blvd. Michael W. Haase 5328 -30 Queen Ave. N. ACR Homes, Inc. 7110 Riverdale Road Lyle Miller 3513 47th Ave. N. Esam El- Fakahany 1215 -17 54th Ave. N. 6/13/94 -12- The motion passed unanimously. APPROVAL OF MINUTES: MAY 31 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes from the May 31, 1994, special work session. The motion carried, with an abstention by Councilmember Kalligher. ORDINANCE The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances Regarding Noncommercial Opinion or Expression Signs. This ordinance was first read on May 23, 1994, published in the City's official newspaper on June 1, 1994, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the public hearing at 8:45 p.m. Mr. Schwartz asked the purpose of the ordinance. He stated signs are citizens' only forms of expression. Debra Hilstrom, a member of the Planning Commission, said she has talked to Mr. Schwartz about his sign. She said the regulation applies to all citizens and should be enforced consistently. She said a standard is needed to protect the citizens. Mayor Paulson asked Commissioner Hilstrom to thank the Planning Commission for its work in this area. Mr. Olsen asked the dimensions of a non - political sign. Councilmember Scott answered six feet square. Mr. Olsen asked if that is only non - political. The City Attorney said this amendment provides more freedom of expression than the current code. It is an expansion of rights and an attempt to comply with the law. It is an improvement regardless of whether it goes far enough. The amendment provides that during campaign season there can be a certain number of signs with any content. Also, the one sign of six feet is in addition to other signs and can be up year 'round. Mr. Olsen asked when is campaign season is. Councilmember Scott said campaign season is 60 days before an election and 10 days after the election. Mr. Olsen asked whether, other than pornography, there are sentiments the citizens are not willing to be exposed. The City Attorney said the Constitution does not allow a City to regulate signs based on content; the exceptions are to the extent that State Law prohibits pornographic material. Mr. Olsen said that seemed logical. He asked whether a sign directed at a politician would 6/13/94 - 13 - be slander, and whether a citizen could use negative campaign signs. The City Attorney said they would be subject to Fair Campaign Practices laws. Mr. Olsen inquired about decorative or Garage Sale signs. The City Attorney said Garage Sale signs are permitted as another kind under the ordinance. Religious signs fall under this non - political category. Mr. Olsen asked if that included private property. The City Attorney said he thought so. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to close the public hearing at 8:55 p.m. The motion passed unanimously. ORDINANCE NO. 94 -11 Member Barb Kalligher introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING NONCOMMERCIAL OPINION OR EXPRESSION SIGNS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. RECESS Mayor Paulson recessed the meeting at 8:55 p.m. The City Council was reconvened at 9:10 p.m. PUBLIC HEARING The City Manager indicated the Council, on May 9, 1994, established the Shingle Creek Parkway Improvement Project No. 1994 -19 and called for a public hearing. The notice of public hearing was published the City's official newspaper on June 1 and 8, 1994. The Director of Public Services said this project does include special assessments. She said notices were sent out to property owners about proposed assessments and about the public hearing. The City Engineer presented a short overview of the project. He said the total estimated cost is approximately $500,000. He said he would answer questions following the public hearing. Councilmember Kalligher, filling in for Mayor Paulson, opened the meeting for the purpose of a public hearing on proposed improvements on Shingle Creek Parkway, Improvement Project No. 1994 -19 at 9:15 p.m. She inquired if there was anyone present who wished to address the Council. There were no participants in the public hearing. 6/13/94 - 14 - There was a motion by Councilmember Rosene and seconded by Councilmember Scott to close the public hearing at 9:15 p.m. The motion passed unanimously. Councilmember Rosene asked what the special assessments will be per property. The City Engineer said all the properties are commercial or City - owned. The assessment philosophy is the same as used in 1990 for similar projects. Councilmember Scott asked whether the roadway will need to be a thicker bituminous since it will have truck traffic. The City Engineer said it was originally constructed with that in mind. The proposed overlay would be thicker than in a residential area, perhaps two inches thick. Councilmember Rosene said the stretch of roadway doesn't seem too bad to him, but speeding is a problem there. He wondered if paving the road would encourage speeding. The City Engineer said a related issue will be brought to an upcoming work session. He said it is more cost - effective to grind and overlay now rather than wait until later when it will be necessary to completely reconstruct the roadway. Councilmember Scott commented some driveways into the warehouses are in need of repair due to bad potholes. She wondered if owners could be encouraged to have improvements made to the driveways. The City Engineer said the City will be replacing the worst driveway aprons which have damage due to poor drainage. He added it would be cost - effective for the property owners to use the contractors for driveway improvements while they are on the site. Councilmember Kalligher asked when the project will start and end. The City Engineer said it must be submitted for State Aida approval and will probably be back in August. Once PP P Y � construction starts, it will be a three- to four -week process. Councilmember Rosene asked whether State Aid funds earmarked for Humboldt Avenue might end up on this project. The City Engineer said the City can spend its construction allocation on any part of the State Aid System; whatever isn't spent carries over. Councilmember Rosene stated he had thought maybe it could be said the City used the money. RESOLUTION NO. 94 -121 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1994 -19, SHINGLE CREEK PARKWAY OVERLAY, FREEWAY BOULEVARD TO 69TH AVENUE NORTH, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS 6/13/94 -15- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PRESENTATIONS The Finance Director stated the City Charter calls for this annual report. He thanked Tim Johnson for writing the report, and the Council and Staff for its cooperation. He introduced Cliff Hoffman of Deloitte and Touche, who performed the audit. Mr. Hoffman presented the Annual Financial Report. He said the City's financial condition has significantly improved over the past year; it was the best year the City has ever had. He said the practice of charging for services is very helpful. He said public safety is the biggest expenditure. He mentioned the CORE report results. The volunteer fire department saves the City over $1 million per year. Councilmember Rosene asked whether that means the taxpayer only pays one - fourth of the bill. Mr. Hoffman said that is true on a $100,000 home. Mr. Hoffman said the fund balance is adequate but not excessive. He said the City's debt is very little; it is debt -free to the average citizen. He referred specifically to some items in the Annual Report. Mr. Hoffman reviewed the recommendations in the Management Letter. Councilmember Rosene expressed happiness with the report. He asked why Moody's doesn't give the City an AA rating. Mr. Hoffman said it is a "snob factor" rating, based on home values and community properties. He said it is not fair but "the way it is." Mayor Paulson thanked Mr. Hoffman and the Director of Finance for their efforts. Councilmember Rosene said the Council had discussed using an RFP for this audit but he is impressed with these recommendations. Councilmember Kalligher asked the Director of Finance whether the recommendations would be discussed at a work session. The Director of Finance affirmed they would. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to accept the Annual Financial Report. The motion passed unanimously. DISCUSSION ITEMS REPORT ON STATUS OF DEVELOPMENT OF RFP FOR CONSULTING SERVICES The City Manager said he is aware of three firms which could do this sort of report and has been in contact with two. He has received samples and estimates of the cost are from 6/13/94 - 16 - $45,000 to $70,000 ($1,000 per day plus expenses). Councilmember Rosene read from the minutes of the May 31 work session. He said actions have been in response to a series of incidents. He is in favor of hiring a firm to evaluate the department since 1992. He said he would not like it to be a general review of function but an analysis of what went wrong and how to resolve the problems. He said this seems like a different focus. The City Manager said the price lists are examples and some elements can be eliminated for this situation. He tried to find a scope of available services for the Council to choose from. Councilmember Kalligher asked if some elements were pulled, would the price would be less than $40,000. The City Manager said if would be less than $70,000. Councilmember Kalligher asked if it is a duplication; how much of the investigation will be done by the attorney already working on this. The City Attorney said the attorney's efforts will be directed only toward matters directly related to the litigation. There may be a certain amount of duplication but specification narrows it down; the attorney will be focusing on winning the lawsuit. Councilmember Kalligher k . asked whether the investigation will interfere with the attorney. g Y The City Attorney said he was not sure. The lawsuit investigation could take a year; if there is a concern about management problems, it is better not to wait. Councilmember Mann said the citizens are calling for action. Steps must be taken to regain the public trust. The City Manager suggested the City Attorney work with him and the Staff to prepare a draft of issues requiring investigation; Mr. Greene should review it in regard to conflict of effort. Councilmember Scott said she agreed but each member of the Council should make a list to offer some direction of what is needed in the RFP. It is better to narrow it down now and enlarge it later. Also, some issues are urgent and some can wait. She added there was another example of lack of communication with the COP program issue. Mayor Paulson said he shares the concern and desire for answers. He said it is frustrating to spend money for a management study when money is already being spent on the lawsuit. The RFP components need to be designed. There needs to be a loop of accountability from the residents to the officers. Costs should be kept at a minimum. Councilmember Kalligher asked the City Manager when the list would be needed to create an RFP. The City Manager said two to three days. Councilmember Kalligher suggested bringing it to the work session. 6/13/94 -17- i The City Manager said the elements should be chosen then an RFP structured. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott for each member to prepare a list by Tuesday, then the City Manager prepare an RFP by the next Council meeting. The motion passed unanimously. Councilmember Scott added Council packets should not be delivered to homes after 10 p.m. CITY MANAGER EVALUATION AND SCHEDULE PROCESS The City Manager said the City Attorney had been asked to prepare a schedule; it is in the Council packet. Councilmember Mann said the process seems drawn out. She asked whether the last step could be at the beginning of August. The City Manager said it is possible; Step No. 4 is the longest. Councilmember Rosene reviewed the fact the Council had hoped to beat the schedule but wanted it planned conservatively. Mayor Paulson said the process is under his duties in the City Charter but is asking the Council to share the duty with him. He wants the process to move quickly but accurately as well as fairly and thoroughly. The City Manager commented he had received one more sample evaluation form after the prior work session; it is now in the packet. PRESENTATION AND APPROVAL OF PHASE I OF THE CITY'S LOCAL STORM WATER MANAGEMENT PLAN The Director of Public Services commented this is a major report with substantial recommendations. She outlined the presentation. The City Engineer said a firm hired red in November 1991 to conduct Phase I. gave a He ty g g background of requirements for the water management plan. He said this plan has nothing to do with drinking water; it is surface water. In May of 1992, a task force was formed. Bob Schunicht, a representative of Bonestroo Rosene Anderlik and Associates, which conducted the study, did an overview. He said the consideration is quantity and quality of run -off. This is a diagnostic study. The information will help the City to make wise financial decisions as opportunities arise. He said he is not recommending to complete Phase II now, but rather that the work be done as projects arise. The Director of Public Services reviewed the recommendations of the task force. Mayor Paulson agreed the plan exceeds the ability to pay; it should also be determined how funding will be done. 6/13/94 - 18 - The Director of Public Services said she does expect to discuss this concern with the City Council along with street improvements. It must be considered how much to charge a property owner and how much the City should contribute. The City Attorney said the question is not whether to do projects but how to collect funding. The City Council needs to decide long -term how it is best to collect. The problem can occur if the methods are changed mid - stream. At the outset, a policy for collecting funds should be established. Councilmember Scott asked the Director of Public Services about whether Crystal will address the problem with Upper Twin Lake. The Director of Public Services said the Commission's charge is to ensure that the two cities work together; the Watershed Commission will mediate. The City Engineer said all cities are under the same guidelines to develop plans. Councilmember Mann asked what other cities, if any, have submitted plans. The City Engineer stated Maple Grove, Crystal, and Champlin. Councilmember Mann commented Brooklyn Center should be a leader. The City Engineer agreed and said Brooklyn Center was first, then got behind. Councilmember Mann said the Council cannot approve a project without knowing from where the funding will come. Mayor Paulson agreed with Councilmember Mann. He said it is taxpayer money. Councilmember Kalligher asked whether the topic should be put on a work session agenda. Councilmember Mann stated it should be handled as soon as possible because of opportunities in regard to this issue coming up. The City Attorney noted the plan does not commit the City Council to do anything; it is just a long -range planning step. Mayor Paulson said it is important to receive the report, but he favored taking out the word "approving" in the resolution. The City Manager said the City is required to have an overall plan. The City Engineer said passing this resolution does not involve a commitment to a funding philosophy or a timeline. It merely receives and approves Phase I. It is necessary to receive and approve the plan so it can be forwarded to the Watershed Commission. Councilmember Kalligher asked whether, after it is forwarded, Staff will report back. The 6/13/94 - 19 - City Engineer said Staff will report; this is just a housekeeping item. Councilmember Scott said there was no reason to table the report; it is just an inventory, not a proposal of construction. A work session would be needed before Phase II. RESOLUTION NO. 94 -122 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING AND APPROVING PHASE I OF THE CITY'S LOCAL STORM WATER MANAGEMENT PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher. Councilmember Mann stated there is no plan for where the money will come from; the storm damage fund does not have it. She said she was against the motion. The Director of Public Services stated that in the next six to eight weeks there will be a need to plan street improvements; then it will be time for utility rate studies. The Council needs to have issues and philosophies in place before September; it can't be put off much longer. Mayor Paulson noted he could not agree to approving the resolution. Councilmember Scott called the question. Roll call vote: Councilmember Kalligher, aye; Councilmember Rosene, aye; Councilmember Scott, aye; Mayor Paulson, nay; Councilmember Mann, nay. The motion passed. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to direct staff to evaluate existing and develop or amend, as necessary, Floodplain and Shoreland Ordinances. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct Staff to report to the Council regarding available and potential fund sources for future storm drainage related improvements before n p is a y projects are considered. The motion passed unanimously. Grady Boeck, 5601 Indiana Avenue North, said he agrees with Mayor Paulson and the City Attorney. He recommended the Council know what it is funding before funding is considered. He said the $600,000 annual revenue from the storm drainage utility cannot go as far as allocated. Staff should be given the tools to project costs. There should be equality in funding projects. RECESS Mayor Paulson recessed at 11:13 p.m. The City Council reconvened at 11:29 p.m. 6/13/94 -20- CITIZEN REQUEST FOR DISCUSSION REGARDING NOXIOUS WEED DESTRUCTION The City Manager explained Mike Schwartz was given a notice of weed violation as part of the review of his neighborhood. Mr. Schwartz said he has measured his lawn and has found a small area in excess of 12 inches which is going to seed. However, other lawns are also in violation of the code and did not get notices. He said he sees a reason for the ordinance but thinks the enforcement of it may be selective at times. He said he cannot do anything about the boulevard. Councilmember Mann said eleven properties were tagged; she questioned if they were all on Humboldt. The City Manager said they were not all on Humboldt; they were in the Northwest area. The City Manager said some observation is done but usually there is a complaint from a neighbor. Often, the person cited will go out and look for others to complain about. He added there are "regular" offenders. Councilmember Mann asked whether the problem is with boulevards. The City Manager said the problem is usually with the whole lawn. Mr. Schwartz said if the criteria for enforcing an ordinance is a complaint it is then open to be used as a retaliation. The City Manager said usually the people checked are people who have been a problem; there is not a full -time staff person working on this. The Director of Public Services said the tree inspector often notes it. Usually it is a routine violator or else someone has gone on a long vacation and forgotten about the lawn. So far this year there have been 56 notices (not including today's list). There are usually 150 to 200 notices per year. Mayor Paulson asked Mr. Schwartz if he has mowed his lawn. He said he has. He said the enforcement of a code violation should not be selective and inconsistent. The Director of Public Services said no records of the complaint are kept. If there were records, they would be confidential. WILLOW LANE PARK PLAYGROUND EQUIPMENT The City Manager explained there was a cooperative effort with the P &A for a park on school property. The Director of Public Services said there is no final version of the agreement; there is a hang -up between attorneys on the language of mutual indemnification. RESOLUTION NO. 94 -123 Member Celia Scott introduced the following resolution and moved its adoption: 6/13/94 -21- RESOLUTION AUTHORIZING EXECUTION OF WILLOW LANE PARK PLAYGROUND EQUIPMENT CONSTRUCTION AND MAINTENANCE AGREEMENT, AMENDING IMPROVEMENT PROJECT NO. 1994 -31 AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. Councilmember Rosene said he is uncomfortable with the resolution because of the removal of tennis and basketball courts. He asked how many people were involved in the survey to take down the tennis courts. The Director of Public Services said there was an estimate of $50,000 to rehabilitate the courts. The Park and Recreation Commission recommended the removal based on usage observations and the fact there are three more sets of courts within a reasonable distance. Councilmember Rosene asked whether it would be difficult to survey the people in the area, or if it would impede progress. The Director of Public Services said the removal of the courts doesn't really affect the resolution about playground equipment. She said a survey form could be sent out. She said at neighborhood meetings citizens seemed more concerned about the basketball courts, but wanted more parking. The City Manager said there are two basketball courts by the school. Councilmember Rosene said it would be a courtesy to present the facts and ask the opinions of the neighbors. The Director of Public Services said there was still time for a survey to be done, with results available for consideration with the playground project. She hopes to have plans and specs for equipment at the next meeting. She mentioned other work which needs to be done, such as trail work. Mayor Paulson said he would like to wait. Councilmember Kalligher suggested amending the motion to authorize the mayor to execute an agreement for $30,000 for the City's share, pending the attorneys approval. The motion passed unanimously. The Director of Public Services mentioned three other parks which need action the Park and Recreation Commission recommends moving Firehouse Park to 1994, and West Palmer to 1995. Councilmember Scott asked about the cost difference. The Director of Public Services said it is a "wash." 6/13/94 -22- There was a motion by Councilmember Scott and seconded by Councilmember Rosene to transfer Firehouse Park to 1994. Councilmember Rosene asked how many employees there are in the Park Maintenance Division; he also discussed mowing. The City Manager said the mowing equipment is more efficient and the City does not receive many complaints regarding park maintenance. CONSIDERATION OF LIQUOR LICENSES CONSIDERATION OF AMENDMENT TO CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE FOR LARKEN, INC. DBA, HOLIDAY INN, BROOKLYN CENTER The City Manager stated the Police Department recommends approval of this license. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the license. The motion passed unanimously. CONSIDERATION OF APPROVAL OF CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE FOR ITHACA RESTAURANT INC. DBA PAVILION RESTAURANT & ROOKIES BAR & GRILL WITHIN THE DAYS INN HOTEL The City Manager explained the issue. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the license. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:54 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barbara Collman Timesaver Off Site Secretarial 6/13/94 -23-