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HomeMy WebLinkAbout1994 01-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 10, 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, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Public Works Coordinator Diane Spector, and Council Secretary Kathy Stratton. OPENING CEREMONIES The invocation was observed with a moment of silence. EMPLOYEE SERVICE RECOGNITION PROGRAM The City Manager explained this is the 15th annual presentation by the Council of service awards to City employees to recognize years of service to the City. The City Manager named three employees with twenty years of service: Robert Dirks, John Ptak, and Ronald Warren II. Mr. Dirks and Mr. Ptak were unable to attend the meeting, but Mr. Warren appeared to receive his award. The Finance Director gave a short presentation about Mr. Warren's history with the City, and Mayor Paulson and the Council congratulated him on his service as he was presented with a plaque. The City Manager explained of two people to receive awards for 30 years of service, Gary Giving and Donald Sollars, only Mr. Sollars was present. The Finance Director told of Mr. Sollars' starting date with the City along with a history of his service. Mr. Sollars received a plaque and accepted the congratulations of the Council and the audience. The Finance Director gave a short explanation of the 25 years of service accomplished by Greg Weeks, and the City Manager presented him with a plaque also. There were congratulations and applause. 1/10/94 - 1 - The Mayor explained the tradition of the Council to recess for the purpose of a short reception in honor of the dedicated service of these City employees. The Council recessed at 7:07 p.m. The Council reconvened at 7:24 p.m. OPEN FORUM Mayor Paulson noted the Council had received two requests to use the open forum session this evening. Mr. Thomas Briant came forward and explained he represents the Minnesota Coalition of Responsible Retailers and wanted to address the issue of the tobacco ordinance. He said constitutional issues can be complex and provided an outline of his comments as well as several articles and a summary of his research to the Councilmembers. Mr. Briant explained in regards to the Constitution, commercial speech is afforded certain protection. He said the general rule by the Supreme Court is that government cannot limit free speech simply because it disagrees with the advertising message. He said although the tobacco ordinance may be popular, it is illegal, and suggested options that are less restrictive be considered so as not to violate the First Amendment. Mr. Briant said he would be available for questions and would be appearing at the next Council meeting as well. Mr. Bob Peppe approached the Council to speak about Establishing Standards of Conduct at Public Meetings, but because it was already an agenda item, it was recommended that he should wait. COUNCIL REPORTS Mayor Paulson reminded the Councilmembers of two upcoming breakfast meetings and the grand opening of Wendy's, as well as a meeting scheduled for Wednesday, January 12, 1994, at the Holiday Inn. Mayor Paulson named the winners of the Recycling Awards and expressed his congratulations to them, while encouraging citizens of Brooklyn Center to keep recycling. Councilmember Kalligher requested two discussion items be added to the agenda for this evening's meeting. Item 13e regarding the Crime Forum and Of regarding the Director of Public Works Sy Knapp's retirement. Councilmember Rosene expressed congratulations to Geralyn Barone and her husband on the birth of their baby, Marcus James. 1/10/94 -2- Mayor Paulson asked the Council to review the request for proposals on legal services to the City and recommended it be put on a future agenda. Councilmember Mann asked to add item 13g to the Agenda regarding City Council liaisons to citizen commissions. SELECT PRESIDING OFFICERS MAYOR PRO TEM There was a motion by Councilmember Mann and seconded by Councilmember Rosene to nominate Councilmember Barb Kalligher for Mayor Pro Tem. Councilmember Kalligher abstained from voting and the motion passed unanimously. ACTING MAYOR PRO TEM Councilmember Rosene commented the Council Resolution dictates the Acting Mayor Pro Tem would be Councilmember Scott or the most senior member. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Mann requested the minutes of December 6, 1993, be removed from the Consent Agenda. Councilmember Kalligher requested Item 14f be removed from the Consent Agenda. Mayor Paulson requested item 14k be removed from the Consent Agenda. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the January 10, 1994, agenda and consent agenda minus the items listed above. The motion passed unanimously. APPROVAL OF MINUTES DECEMBER 6, 1993 - REGULAR SESSION Councilmember Mann explained her request for a change on page 10 of the December 6, 1993, minutes and asked that they be pulled, corrected, and then brought back at the next Council meeting. DECEMBER 20. 1993 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of December 20, 1993, regular session as printed. The motion passed unanimously. PROCLAMATIONS There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to adopt a Proclamation Declaring January 17, 1994, as Martin Luther King Jr. Day. The motion passed unanimously. 1/10/94 -3 - RESOLUTIONS RESOLUTION NO. 94 -01 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -02 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -03 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ULYSSESS BOYD FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -04 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT MINIVAN FOR FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 1/10/94 -4- RESOLUTION NO. 93 -05 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT FOR MEDIATION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion . assed unanimously. Y RESOLUTION NO. 94 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING LIQUOR LIABILITY INSURANCE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -07 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -08 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -09 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD -PARTY AGREEMENTS FOR YEAR XIX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 1/10/94 -5- RESOLUTION NO. 94 -10 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF FIVE (5) POLICE SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -11 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) COPIER/DUPLICATOR The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the following list of licenses: BOWLING ALLEY Earl Brown Bowl 6440 James Circle COURTESY BENCH U.S. Bench Corporation 3300 Snelling Avenue GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Avenue North Davies Water Equipment Co. 4010 Lakebreeze Avenue North MacMillan Bloedel 4810 North Lilac Drive Neil's Superette 1505 69th Avenue North SuperAmerica #4058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road Wes' Amoco 6044 Brooklyn Blvd. MECHANICAL SYSTEMS Rouse Mechanical, Inc. 11348 K -Tel Drive Sharp Heating and A/C 4854 Central Avenue NE POOL AND BILLIARD TABLES C.D.L. 1317 Jefferson Highway Brooklyn Center Community Center 6301 Shingle Creek Parkway Duds 'n Suds 6824 Humboldt Avenue North Lynbrook Bowl 6357 North Lilac Drive 1/10/94 -6- PUBLIC DANCE Earle Brown Bowl 6440 James Circle RENTAL DWELLINGS Renewal: Bjorn/Barbara Carson 6331 -25 Beard Avenue North Sharon Fratzke 4201 Lakeside Avenue North #208 Dakota's Children 5449 Lyndale Avenue North Alan/Laurie Knudson 5547 Lyndale Avenue North Gary/Danae Morrison 5104 East Twin Lake Blvd Dan Whipp/Karen Barton 5127 East Twin Lake Blvd T.L. Hartmann 1300 68th Lane North TOBACCO RELATED PRODUCT Applebee's 1347 Brookdale Center Country Store 3600 63rd Avenue North Drug Emporium 5900 Shingle Creek Parkway Earle Brown Bowl 6440 James Circle Jerry's New Market 5801 Xerxes Avenue North Neil's Superette 1505 69th Avenue North SuperAmerica #4058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road Target 6100 Shingle Creek Parkway Wes' Amoco 6044 Brooklyn Blvd The motion passed unanimously. APPROVAL OF MINUTES - CONTINUED DECEMBER $ 1993 - TRUTH -IN- TAXATION BUDGET HEARING There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of December 8, 1993, Truth -In- Taxation Budget Hearing as printed. Councilmember Rosene abstained from voting, and the motion passed unanimously. DECEMBER 15 1993 - TRUTH -IN- TAXATION BUDGET HEARING There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of December 15, 1993, Truth -In- Taxation Budget Hearing as printed. Councilmember Kalligher abstained from voting and the motion passed unanimously. MAYORAL APPOINTMENTS PLANNING COMMISSION Mayor Paulson named his appointments for the Planning Commission as Donald Booth and Richard Campbell and asked the Council to put the issue of reappointments into perspective. He said the way the Charter reads is appointments are made by the Mayor and 1/10/94 -7- confirmed by the Council. He said there is no reason not to confirm the people he has appointed, and he reviewed their qualifications for the Council. He said both appointees are in the audience and could address the Council if they desired. Mr. Donald Booth thanked the Council for the opportunity to speak to them. He said he lives in Brooklyn Center because he likes the small -town attitude and wants to be on the Planning Commission to help it stay that way. He said he sees zoning issues as an important way to form a community and keep crime at a standstill. He said he is a legal assistant with a wife, three children, and one on the way. He offered to answer any questions for the Council. Mr. Richard Campbell explained he has lived in Brooklyn Center several years and wants to get involved in City government. He said he works for a contractor in the Chanhassen area as a foreman. He said he is a rookie as far as serving on a Commission but willing to learn. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to appoint Donald Booth and Richard Campbell to the Planning Commission. Voting Aye: Mayor Paulson and Councilmember Rosene. Voting Nay: Councilmembers Kalligher, Scott, and Mann. The motion failed. Councilmember Scott said she was not trying to pre -empt the Mayor's right to appoint commissioners, but she does have a distinct problem with not re- appointing applicants who have done a good job. She continued Brooklyn Center is a "Something More" city. She said she considers not re- appointing someone who has done a good job a slap in the face and contradictory to what Brooklyn Center stands for. She said she did talk to both former members of the Commission who have re- applied, and in the case of Bertil Johnson she understands he might not be re- appointed because he is gone three months of the year. But she said in the case of Mark Holmes, who has not even missed a meeting, it is just not right to appoint someone else. Councilmember Mann concurred and added our citizens who serve on Commissions want to make a difference. She said Mark Holmes has done an excellent job and she would like to see him continue on the Planning Commission. Councilmember Rosene said he would take a different opinion. He said it is important to allow others who have energy and enthusiasm to serve our City. He explained his seconding of the motion was not a slap in the face to Mr. Holmes or Mr. Johnson, but he thought because the City elected Mayor Paulson and gave him the chance to make his imprint on the City, appointing is part of his right. Councilmember Kalligher said she did not want Mr. Booth or Mr. Campbell to think she had anything against them, but she had served on the Planning Commission with both Mr. Johnson and Mr. Holmes. She said Mr. Johnson was gone a lot, but Mr. Holmes served well and she would like to see him continue. 1/10/94 -8 - Councilmember Scott added continuity is important on the Planning Commission. She said the first two years can be a learning experience since things can come up that are hard to understand, and she would like to see Mr. Holmes continue since many on the commission are new members. Mayor Paulson said there needs to be a reason to turn down any of his appointed applicants. Councilmember Scott said the reason is they are new and don't know City Ordinances. Mayor Paulson quoted from the application of Mr. Holmes that he had missed an average of one meeting per year. He said appointments are not lifetime appointments, and according to the Charter that evaluation is to be made by the Mayor. He said both applicants have experience and asked the Council to find a deficiency. He said he had only met the new applicants today and did not know them, but thought it best to appoint people like them who are interested in serving the community. Councilmember Scott said she had read the applications over several rimes and added the Charter also gives the Council the right to accept or reject appointments. There was a motion by Mayor Paulson and seconded by Councilmember Kalligher to approve appointment of Donald Booth to the Planning Commission. The motion passed unanimously. PARK AND RECREATION COMMISSION There was a motion by Mayor Paulson and seconded by Councilmember Rosene to approve the appointment of Kay Lasman to the Park and Recreation Commission. Councilmember Rosene said his second was for the same reason as his second on the Planning Commission appointments. The motion passed unanimously. PROCLAMATIONS - CONTINUED There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to adopt a Proclamation Declaring January 23, 1994, as POW/MIA National Day of Prayer. The motion passed unanimously. Ms. Renee Sheet appeared on behalf of the POWIMIA organization and explained there are 43 people still unaccounted for from Minnesota and 2,200 in the nation. She presented a flag to the City of Brooklyn Center which was donated by the Golden Valley VFW. Ms. Sheet introduced the chairmen of the Golden Valley VFW who appeared to present the flag. Mayor Paulson accepted the flag on behalf of the City of Brooklyn Center and the City Council. Councilmember Rosene commented he had wondered why there had not already been such a flag displayed. 1/10/94 -9- ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Atkins property). He explained this Ordinance was first read on December 6, 1993, published in the City's official newspaper on December 15, 1993, and is offered this evening for a public hearing and second reading. He added this Ordinance relates to the rezoning of three parcels of land located at the Southeast Quadrant of T.H. 252 and 66th Avenue North from their current C2 (Commerce) and R5 (Multiple Family Residence) to Cl (Service /Office) as approved under Planning Commission Application No. 93015 submitted by the City of Brooklyn Center. 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 (Atkins property) at 8:05 p.m. He inquired if there was anyone present who wished to address the Council. Mr. Bob Peppe said the Council should be careful about rezoning before making a change. He warned of litigation and also the loss in taxes. Mayor Paulson assured Mr. Peppe the Council had carefully considered the matter. Councilmember Rosene thanked Mr. Peppe for the warning and pointed out the cost to the City in the case of litigation would hopefully be less than the long -range cost of degeneration of neighborhoods. He said the City must be willing to bear the cost of an ordinance that protects its citizens. He also said typically businesses are less productive for the City's revenue base than residences. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 8:06 p.m. The motion passed unanimously. ORDINANCE NO. 94 -01 Member Dave Rosene introduced the following ordinance and moved' its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (ATKINS PROPERTY) The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented An Ordinance Vacating a Drainage and Utility Easement in Tract E, Registered Land Survey No. 546. He explained the vacation of this easement is in conjunction with the relocation of public utilities at Omni Tool, 3500 -48th Avenue North. He added the public hearing and second reading of this ordinance were conducted on December 6, 1993, and the public hearing was closed. However, consideration of this Ordinance was tabled pending completion of all necessary documentation. He explained this 1/10/94 _10- documentation has now been completed and the Ordinance is recommended for adoption at this time. ORDINANCE NO. 94 -02 Member Barb Kalligher introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN TRACT E, REGISTERED LAND SURVEY NO. 546 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 a Drainage and Utility Easement in Lot 1, Block 6, Wangstad's Brooklyn Terrace. He explained the vacation of this easement is in conjunction with redevelopment in the Brookdale Chrysler Plymouth site on Brooklyn Boulevard. He added this Ordinance was first read on December 20, 1993, published in the City's official newspaper on December, 29, 1993, and is offered this evening for a second reading and public hearing. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Vacating a Drainage and Utility Easement in Lot 1, Block 6, Wangstad's Brooklyn Terrace at 8:07 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 8:07 p.m. The motion passed unanimously. ORDINANCE NO. 93 -03 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN LOT 1, BLOCK 6, WANGSTAD'S BROOKLYN TERRACE The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Alarm Systems. He explained this Ordinance was first read on December 20, 1993, published in the City's official newspaper on December 20, 1993, 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 23 of the City Ordinances Regarding Alarm Systems at 8:08 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. 1/10/94 - 11 - Councilmember Scott asked the City Manager if there had been any comments from members of the community. The City Manager said there had not been any comments. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 8:08 p.m. The motion passed unanimously. ORDINANCE NO. 93 -04 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING ALARM SYSTEMS The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. He stated this item is offered this evening for a first reading. He explained it amends the sick leave provision regarding accrual to become consistent with language approved by the City Council in the 1994 labor agreements with the City's bargaining units. Councilmember Rosene commented this would be appropriate since it is consistent with what other employees have. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve first reading of An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. The motion passed unanimously. DISCUSSION ITEMS 1994 PAY PLAN Councilmember Mann commented the former Police Chief received only $2,000 per year less than the current Police Chief, and that was after twenty some years of service. She said she is concerned the City is rewarding employees without incentive. There was a motion by Councilmember Mann and seconded by Councilmember Scott to keep the Police Chief at the same pay level as he received in 1993. Councilmember Rosene said he has not heard an official review of the Police Chief s performance but would feel more comfortable voting on this issue if he had. Still, he said he would vote with Councilmembers Mann and Scott. Mayor Paulson said he was concerned when the level is this high that decisions are made on the basis of some sort of consistent policy rather than picking one position out and making a determination that way. 1/10/94 -12- Councilmember Rosene asked how often reviews currently occur and asked if the Councilmembers were privy to that information. The City Manager explained reviews are conducted annually and an oral report of a review could be given to a Councilmember on request but not in writing due to privacy issues. The motion passed unanimously. Mayor Paulson addressed the topic of the City Manager's salary and said his recommendation is to extend the current contract for three months and then make a decision based on a performance review. Councilmember Kalligher said the City Manager has not had a raise since 1992 and she thinks he is entitled to one. Councilmember Scott said the policy of the Council conducting performance reviews has not gotten off the ground. She said the City Manager voluntarily did not take a pay raise last year. She said any raise he does get should occur at the same time the rest of City employees receive their raises, as it would not be fair to put him off. She said she feels he is justified to receive a raise and she can't think of any other employees who have voluntarily gone without a pay raise before. The City Manager explained in the past there have been several alternatives proposed to the Council regarding his salary but no agreement was reached on any one of them. Councilmember Rosene said regardless of what has happened in the past it would be good for this to proceed. He recommended the Council go to Executive Session to discuss the City Manager's performance. He said it is admirable that the City Manager went without a pay raise, and he did not see why he couldn't have the same 2.8% raise as other City employees. He said he would like opinions of others regarding going to Executive Session for the review and would like to set a date. Councilmember Scott asked who would do the evaluating and mentioned that is where the Council got stuck before. She said she would like it to be an Executive Session of the Council where all five members are present. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve Mr. Splinter's pay increase. The motion passed unanimously. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to set a date for Executive Session for the purpose of conducting a review by the date of February 28, 1994. The motion passed unanimously. 1/10/94 - 13 - ANNUAL REPORT FROM ADMINISTRATIVE TRAFFIC COMMITTEE The City manager explained this report is compiled and distributed annually regarding traffic projects for the year. The Public Works Coordinator explained one of the most conspicuous items in 1993 was the clarification of the Clear View Triangle. She said there were 25 notices of violation sent out and compliance was received in 23 cases with two pending. 20 more notices are ready for spring and the procedure is still conducted on a complaint basis. She said speed humps have been installed on Unity Avenue that are now functioning well. The Public Works Coordinator continued load limits imposed in 1993 have been working as well. Councilmember Kalligher asked the Public Works Coordinator if she has heard complaints or requests for a stop sign because of traffic from little league games because some residents had mentioned it to her. The Public Works Coordinator said that case would re -open in the spring season. Councilmember Rosene asked if any radar results have been obtained regarding 69th Avenue North and the speed of traffic, and the Public Works Coordinator explained she had not yet seen results, but knew that at least a dozen citations have been written recently when police have been in the area enforcing speed. Councilmember Rosene said he thought 30 miles per hour was pretty slow for the road now that it is widened to four lanes. The City Manager explained the speed limit there was set because of residences on the street. Councilmember Scott commented the appearance of the road makes it seem like a road you could go faster on, and the Public Works Coordinator said the project still has some landscaping to be done. She said landscaping will help. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the Annual Report from the Administrative Traffic Committee. The motion passed unanimously. CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY The City Manager introduced the Capital Improvements Fund Expenditure Policy compiled by the Financial Commission and asked the Commission chairperson Donn Escher to address the Council Mr. Donn Escher explained the idea of a policy started in 1992 and the current version represents considerable input and massaging of the procedure. He said this latest version has received unanimous consent by the Financial Commission. Councilmember Rosene P ointed out items of concern when this was last discussed were the definition of emergency and the amendment of the policy needing four -fifths majority. He said since this is in resolution form it can be changed by another resolution if necessary. 1/10/94 -14- CORRECTION Councilmember Scott said the purpose of this policy is to set guidelines to evaluate requests for expenditures so each time a request comes up it can be judged equitably. Councilmember Kalligher pointed out this was tabled because Councilmember Mann was absent. Councilmember Mann said she thinks it is a good policy and she has no problem with any part of it. She said it is good to have guidelines to keep the Council in check on such decisions. There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the Capital Improvements Fund Expenditure Policy as written. The motion passed unanimously. POLICY AND PROCEDURE ON MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION The Financial Commission Chairperson Donn Escher explained this policy predates the present Council and was completed in February of 1993 but wasn't presented until now. He said the Financial Commission revisited and re- endorsed it in November of 1993 for submittal to the Council. He said it is important for the public to know the law provides for the City Council to set its own salaries, however the pay in Brooklyn Center is low when compared to other communities. He recommends a policy that service on the City Council is a service obligation and an honor rather than a way to make money, but compensation should be fair and equitable. This policy calls for the City Manager to conduct a survey of other metropolitan communities with similar tax bases and budgets biennially. In conclusion he said he recommends approval of the policy. Councilmember Mann commented it is difficult to set one's own pay. Councilmember Rosene said the policy is fair and added citizens ought to know the pay for Councilmembers in Brooklyn Center is below average. He said the compensation is not to him for what he is doing but rather to his family for the time he is gone. He suggested compensation should be at an accurate level when compared with other cities. Mayor Paulson said it is good to involve the Financial Commission in this issue which makes the issue of pay fair for people who serve the City and for citizens. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the Policy and Procedure on Mayor and Council Member Total Compensation. The motion passed unanimously. 1/10/94 - 15 - CRIME FORUM Councilmember Kalligher explained she had received a fax from Peg Snesrud explaining a Crime Forum to be held Saturday, February 5, 1994, from 10 a.m. to 4 p.m. at Village North mall. She said there has been some confusion as to whether the Police Department could support this action without Council approval. The City Manager commented the Council had formerly made a motion regarding this forum but could make one this evening in support of the recent developments. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to support the organization and conducting of a Crime Forum in conjunction with the City of Brooklyn Park. The motion passed unanimously. RESIGNATION OF THE DIRECTOR OF PUBLIC WORKS The City Manager explained he had received oral notice of the forthcoming resignation of the Director of Public Works, Sy Knapp. He said Mr. Knapp's resignation letter would be sent out shortly, he is to work out an arrangement in which Mr Kna Y �$ . FP continues to serve the City in February and March for his input on several projects that are not completed. He said such projects include 1994 Street Improvements, Storm Water Pond project, City Garage, Water Management Plan, City Water Plan, Brookdale project, and the 1995 Budget. The City Manager continued Mr. Knapp's new employer has allowed him to start at a later date, and City staff requests authorization from the Council to proceed in an arrangement for the transition between Mr. Knapp's leaving and the time a replacement is found. Councilmember Kalligher wondered if a whole month and a half was necessary for the transition, and the City Manager explained it would take a tremendous amount of time to brief remaining staff members on several projects that are 90% completed now. She suggested a cap be put on the transition time. Councilmember Mann commented on the amount of money it would cost for each month of this arrangement and the City Manager pointed out the cost is less to the City than the current arrangement. Councilmember Rosene said he is comfortable with a two month cap as one month is too short a time. Mayor Paulson stated he is equally concerned that a number of important projects proceed effectively rather than coming to a halt because of a change in personnel. He suggested the City be specific about what items should be completed during the transition time rather than setting a number of days or months. Councilmember Scott commented there are several major utility projects currently in process and training in new people adds to the work load considerably. She said she has no problem 1/10/94 -16- with a two month cap so there is time for training new people even if someone is promoted from within. Councilmember Kalligher stated she thought the remaining staff in the department are very capable and the transition could be accomplished in one month, and Councilmember Scott said she did not disagree but wants to make sure everything is covered. Councilmember Rosene suggested this be handled by a clause stating "not to exceed 60 days." Then, he said, if things go well the extra time is not needed. Councilmember Mann suggested the Council receive a 30 day update on how the transition is going, and the City Manager agreed to that procedure. The City Manager explained a lot of what Mr. Knapp was doing depends on the timing as he works with other agencies. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to authorize the Mayor and City Manager to negotiate an agreement for the transition time not to exceed 60 days as a result of retirement of the Director of Public Works. The motion passed unanimously. There was a recess for the purpose of changing the video tape at 8:58 p.m. The City Council reconvened at 9:12 p.m. COUNCIL LIAISON APPOINTMENTS Councilmember Mann said she wanted this item addressed to see if everyone is satisfied with current liaison designations to citizen commissions. Councilmember Kalligher stated she would like to continue serving on the Housing Commission as well as the Earle Brown Commission. Councilmember Rosene said he is very happy with his appointment to the Financial Commission and the Human Rights and Resources Commission. Councilmember Scott said she is comfortable where she is as well. Councilmember Mann said she is also comfortable but thought it was important to see how other Councilmembers felt. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Establishing Standards of Conduct at Public Meetings which had been drafted at the request of Councilmember Rosene. Councilmember Mann stated she realizes there should be standards of conduct at public meetings but asked Councilmember Rosene why he had initiated this action. 1/10/94 -17- Councilmember Rosene gave three reasons: First, to provide written rules for conduct at public meetings. Second, to provide a formal procedure for enforcement of those rules. And third, to prevent City officials from reacting in a way that is retaliatory toward a citizen. He added there have been such situations, and situations in which a citizen has gotten in trouble with an employer because of a statement made in good faith. Councilmember Mann said when someone mentions his or her place of employment a City official may respond to that; however, there is the danger of the misconception that person speaks for his or her agency or company. She asked if maintaining a level of conduct isn't the responsibility of people running the meeting. Councilmember Rosene said he thinks this resolution would be helpful to the chair of any public meeting in the event a member is out of order. Councilmember Mann said, "Isn't this censorship ?" Councilmember Rosene responded none of the things prohibited are censorship but rather the bounds of a civilized public meeting. Councilmember Mann said, "Wouldn't Roberts Rules of Order be enough ?" Councilmember Rosene commented chairs of various committees are not well versed in Roberts Rules of Order and he thinks they would find this helpful to have it in written form. Councilmember Mann called Mr. Peppe to the podium as he had expressed his desire to address the topic. Mr. Bob Peppe stated he can see the good intent of the resolution but does not see what good would come of it. He said the chair of a meeting already has the power to maintain order, and the negative side of passing this resolution is the potential to change its purpose later on when someone doesn't like what someone else says. He said this is an issue of First Amendment rights, and since the power to maintain conduct is already there the passage of the resolution is nothing but negative. Councilmember Rosene asked Mr. Peppe if he would defend any of the things the resolution prohibits and stated there should be no fear of changes in the future because they would be on record. Mr. Peppe said changes could slip through as a Consent Agenda item and nobody would notice. Councilmember Scott said she thinks what Councilmember Rosene is doing is trying to protect the First Amendment rights of citizens rather than violate them because at a meeting when applause or booing occur a person with a minority viewpoint might be afraid to speak. She said everyone should be heard, but speech should be within the bounds of good taste. 1/10/94 - 18- She stated she had been at a meeting that got so bad the police had to come, and she had seen many gavels broken. Mr. Peppe asked what is next if this passes? He said, "We all know how bureaucracies work," and you see the "what's next" syndrome in government a lot. Councilmember Rosene responded Mr. Peppe pointed out how Mr. Peppe's reaction to this innocuous resolution is a good example of how nothing does slip through without notice by the public. He said he tends to trust government rather than distrust it, and he felt confident this resolution would not be amended in the future in any negative way without public clamor. Mr. Peppe said it is not that he distrusts government but things do get by and the resolution could be changed. Councilmember Mann said she understands the intent of the resolution but would feel more comfortable reviewing Roberts Rules of Order and then bringing this resolution back and perhaps trimming it down. Councilmember Scott thanked Councilmember Rosene for the thought he had put into this and its intent. She asked if it would be possible to come up with specific guidelines to put on the table near the door of the Council Chambers to let the audience know what conduct is expected of them. She said they all know of times when an audience member refused to stop speaking and sit down. Councilmember Rosene agreed that would be a good idea and suggested a movable sign be placed by the door before meetings. He said he does not see what is long or involved about three rules for the public, three steps for enforcing those rules, and two instructions regarding prohibiting slurs against anyone. Mayor Paulson said the Council is getting an education on free speech issues in the continuum of political free speech to commercial free speech. The goal, he said, is to have the most free speech possible, but we cannot make decisions based on what might come next, rather we should do what's right at the time. He added there should be time to review Roberts Rules of Order before making a decision on this resolution. There was a motion by Mayor Paulson and seconded by Councilmember Mann to table the resolution until the next work session that has available time. The vote: Voting aye: Mayor Paulson, Councilmembers Scott, Kalligher, and Mann. Voting nay: Councilmember Rosene. The City Manager introduced a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement Between the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc. for Juvenile Diversion Services. 1/10/94 -19- Councilmember Kalligher explained she had requested it be removed from the Consent Agenda so she could excuse herself during the vote since she is on the Board for that organization. RESOLUTION NO. 94 -12 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN PEACEMAKER CENTER, INC. FOR JUVENILE DIVERSION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed. Councilmember Kalligher abstained. The City Manager introduced a Resolution Approving Amendments to the Fire ty g PP g Department P Relief Association Bylaws and explained the City Attorney had requested it be removed from the Consent Agenda for further review. There was a motion by Councilmember Scott and seconded by Councilmember Mann to table the Resolution Approving Amendments to the Fire Department Relief Association Bylaws for the purpose of further review by the City Attorney. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Mann and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:42 p.m. A nj �� Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 1/10/94 -20-