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HomeMy WebLinkAbout1993 11-08 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 NOVEMBER 8, 1993 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, and Barb Kalligher. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Director of Community Development Brad Hoffman, Public Works Coordinator Diane Spector, Financial Commission Chairman Donn Escher, and Council Secretary Kathy Stratton. Councilmember Kristen Mann was excused from the meeting. OPENING CEREMONIES The invocation was observed with a moment of silence. OPEN FORUM There were two requests to use the open forum session this evening. First, Mr. Charles Lenthe of 7007 Irving Avenue North addressed the Council with his concerns regarding improvements to Humboldt Avenue. He said constructing a cul -de -sac is not a viable solution to the traffic problem and asked a larger number of people be included in meetings than those who actually live on Humboldt, as many in the entire area will be affected by any changes. Councilmember Kalligher asked staff if the whole neighborhood could be notified and involved in future proceedings, and the City Manager responded they could. In response to Councilmember Rosene's question about what would be a viable solution, Mr. Lenthe said he thought the burden of the high traffic load should be shared by other streets and other communities. The second open forum request was from Lynn Sherohman, 4400 65th Avenue North regarding the temperature of the pool. She explained the pool is too hot for lap swimmers 11/8/93 - 1 - at 86 degrees and suggested a temperature of 83 degrees. She also asked that she be notified if there is any action taken regarding her request. COUNCIL REPORTS Councilmember Kalligher explained she would like to propose a work session for November 29, 1993, to review the information for the crime forum and the documentary being prepared by Dan Reiva, as well as reviewing information regarding the budget. Councilmember Rosene concurred it is important to review the documentary so the Councilmembers know what is in it before November 18. Councilmember Scott said she also thought a work session would be a good idea, but she is unable to attend on November 29. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to establish a work session for November 29, 1993, to discuss issues regarding the crime forum and the budget and cancel the meeting currently scheduled for November 18, 1993. The motion passed unanimously. Councilmember Rosene commented he had attended a forum last Saturday with Representative Phil Carruthers regarding Community Action for Suburban Hennepin. He said at that forum a gentleman from Brooklyn Park said CASH works against adequate screening and the ability of landowners to evict tenants. He said he would like to set up a time to discuss and debate the issue of fairness for landlords and tenants before the Housing Commission since this is an area that needs a delicate balance. Councilmember Kalligher noted the next Housing Commission meeting is Tuesday, November 23. The Director of Community Development said it could be put on the agenda for that meeting if necessary. Councilmember Rosene replied there was no hurry as long as it could be addressed at a Housing Commission meeting in the near future. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to refer a discussion on the issue of fairness to landlords and tenants in regard to screening of tenants and eviction rights to the Housing Commission for discussion at a meeting within the next four months. The motion passed unanimously. Councilmember Kalligher commented after having spoken to a 9th grade civics class along with Mayor Paulson and Councilmember Mann, she would like to see a report compiling comments of area high school students regarding what type of activities they would like to see made available for young people in the City. The City Manager added the staff could work in conjunction with school student councils. 11/8/93 -2- Councilmember Scott said she would hope the report would come to the Council in some condensed version rather than 2000 letters from students to be read individually. Mayor Paulson said he would ask staff to prepare a report, compile responses from the two area high schools in districts 279 and 286, and meet with the new director, Tim Ross, about what kind of activities should be made available to the City's youth. Councilmember Rosene requested an explanation as to why there had been no cross - country ski trails made in Brooklyn Center and stated he would like the City to make an effort to provide some trails for its residents. The City Manager explained the Park and Recreation staff had considered cross country ski trails, but the area most likely for them, Shingle Creek, has black -top trails that are difficult to make into cross - country trails. He said there is also a liability issue, and whenever trails are groomed the purchase of a license is necessary. He gave those as the reasons the City had not created trails in the past. Councilmember Rosene responded there are several other parks that might work well, and if it could be accomplished without any major expenses to the City, he would like to see the issue looked into. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to request the Park and Recreation Commission to look into the possibility of trails in spite of the reasons for not installing them in the past. The motion passed unanimously. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Kalligher requested that agenda item 14i be removed. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the November 8, 1993, agenda and consent agenda as printed. The motion passed unanimously. APPROVAL OF MINUTES OCTOBER_ 18, 1993 - SPECIAL WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of October 18, 1993, special work session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 93 -191 Member Celia Scott introduced the following resolution and moved its adoption: 11/8/93 -3 - RESOLUTION AMENDING RESOLUTION NO. 91 -153 REGARDING THE COMMUNICATIONS TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -192 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF NICHOLAS EOLOFF FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING 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 -193 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PAMELA FRANTUM FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING 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 -194 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CHARLES RICKART FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION 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 -195 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO IMPROVEMENTS TO CENTRAL GARAGE, IMPROVEMENT PROJECT NO. 1993 -19 11/8/93 -4- The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -196 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -C, REPLACEMENT OF WATER MAINS ON LAWRENCE ROAD AND ALDRICH COURT, IMPROVEMENT PROJECT NO. 1993- 07, AND SANITARY SEWER REPAIR (5 LOCATIONS), IMPROVEMENT PROJECT NO. 1993 -16 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -197 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -24, WELL NO. 6 MAINTENANCE AND IMPROVEMENT PROJECT NO. 1993 -26, WELL NO. 8 MAINTENANCE, CONTRACT 1993 -J, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -198 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED ISSUANCE OF REVENUE BONDS TO FINANCE A PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C FOR THE ACQUISITION AND REHABILITATION OF A MULTIFAMILY HOUSING DEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -199 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. 11/08/93) 11/8/93 -5 - The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. CONSIDERATION OF SPECIFIED LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve issuance of Class F and Sunday On -Sale Intoxicating Liquor License to D'Amico Catering, Inc., DBA D'Amico Catering at Earle Brown Heritage Center. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the following list of licenses: MECHANICAL SYSTEMS Jim Sweeney Services 23117 Durant Street RENTAL DWELLINGS Initial: Scot and Michal Frenzel 5256 E. Twin Lake Blvd. Renewal: James Lupient Basswood Apartments George Lucht 5105 Brooklyn Blvd. Patti Zoerb 5900 Camden Ave. N. Robert Lerum 4207 Lakeside Ave. N. #332 Robert Johnson 7218 -24 West River Road Sherry Ronallo 819 -21 55th Ave. N. Jerry Harrington/Eugene Berg 1200 67th Ave. N. TAXICAB Blue & White, Cab #518 1304 E. Lake Street The motion passed unanimously. APPROVAL OF MINUTES - CONTINUED OCTOBER 25, 1993 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the minutes of October 25, 1993, regular session as printed. The motion passed unanimously with Councilmember Scott abstaining from the vote. PRESENTATION 11/8/93 -6- The City Manager introduced the League of Minnesota Human Rights Commissions' Certificate of Appreciation Presented by Brooklyn Center Human Rights and Resources Commission. Donna Stoderl thanked the City of Brooklyn Center and the City Council for continued support on Human Rights issues and presented a plaque showing such appreciation. The plaque was accepted by Mayor Paulson. MAYORAL APPOINTMENT Mayor Paulson explained there had been three applicants for the position of Park and Recreation Commissioner, all of which were very qualified. He asked the Council to accept his appointment of Margaret Knutson, whom he said seemed to be best qualified. Councilmember Rosene explained he also thought all three applicants were very well qualified, but Margaret Knutson's resume was outstanding. There was a motion made by Councilmember Rosene and seconded by Councilmember Scott to approve the appointment of Margaret Knutson to the Park and Recreation Commission. The motion passed unanimously. PROCLAMATION The City Manager explained the preparation of a draft ordinance proposing licensed establishments selling tobacco related products and liquor establishments to post warning signs to pregnant women of the effects of both alcohol consumption and tobacco use and encouraged the City Council to pass a proclamation of November 12 -19 as Minnesota Chemical Health Week. Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING THE WEEK OF NOVEMBER 12 -19, 1993, AS MINNESOTA CHEMICAL HEALTH WEEK The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 93011 - BROOKDALE CHRYSLER PLYMOUTH The City Manager introduced Planning Commission Application No. 93011 submitted by Brookdale Chrysler Plymouth. Request to rezone the Brookdale Chrysler Plymouth property at 6121 Brooklyn Boulevard and the property immediately to the south at 6107 Brooklyn Boulevard to PUD /C2 and to approve a planned unit development proposal for an expansion of the car dealership. This application was recommended for approval by the Planning Commission at its October 28, 1993, meeting. 11/8/93 -7- The Planning and Zoning Specialist reported on the two resolutions passed by the Planning Commission and its recommendation to the Council to allow the two parcels of land to be considered for general commerce use. He explained because of the conflict between this application and the Comprehensive Plan, the Comprehensive Plan would have to be amended for the application to proceed. He listed the four types of action recommended to the Council for this evening and explained why the order they were taken in is important. The Planning and Zoning Specialist also reviewed the site plan and explained efforts made by the applicant to provide screening for adjoining properties. The City Manager presented a Resolution Amending City Council Resolution No. 82 -255 (Comprehensive Plan) Relative to Certain Land Located Along Brooklyn Boulevard. There was discussion about screening and landscaping. Councilmember Rosene commented the Planning Commission had done a thorough job of reviewing the application and adding extra points to be considered. Mr. Dave Phillips, the architect for the proposed addition to Brookdale Chrysler Plymouth, asked if it was necessary to receive an approved application for vacation of the drainage easement. Mayor Paulson replied it was not necessary at this time. RESOLUTION NO. 93 -200 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO CERTAIN LAND LOCATED ALONG BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented a Resolution Regarding the Disposition of Planning Commission Application No. 93011 submitted by Brookdale Chrysler Plymouth. RESOLUTION NO. 93 -201 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 93011 SUBMITTED BY BROOKDALE CHRYSLER PLYMOUTH The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 11/8/93 -8 - i The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 93014 - BROOKDALE CHRYSLER PLYMOUTH The City Manager introduced Planning Commission Application No. 93014 submitted by Brookdale Chrysler Plymouth. Request for preliminary plat approval to combine the Brookdale Chrysler Plymouth property immediately to the south at 6107 Brooklyn Boulevard into a single parcel. This application was recommended for approval by the Planning Commission at its October 28, 1993, meeting. The Planning and Zoning Specialist explained the details of this application with assistance of the overhead projector. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve Planning Commission Application No. 93014 submitted by Brookdale Chrysler Plymouth subject to the following conditions: L The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City ordinances which may include the need for subdivision agreement regarding additional costs for utility service lines and hook ups. 3. The applicant shall apply for and receive the necessary approvals from the Shingle Creek Watershed Management Commission prior to final plat approval by the City Council. 4. The applicant shall receive approval of Planning Commission Application No. 93011 and shall have entered into any necessary development agreements prior to final plat approval and the filing of this plat with Hennepin County. The motion passed unanimously. ORDINANCE The City Manager introduced An Ordinance Vacating a Drainage and Utility Easement in Tract E, Registered Land Survey No. 546. He indicated the vacation of this easement is in conjunction with the relocation of public utilities near Omni Tool, 3500 - 48th Avenue North. He added this ordinance is recommended for first reading tonight. 11/8/93 -9- Councilmember Rosene asked if it would make more sense to have the new easement ready before vacating the old one. The City Manager explained that the new one is ready and that is the plan. The Director of Public Works explained the owners are in the process of relocating the utilities, and all will be completed by the time of the second hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve for first reading An Ordinance Vacating a Drainage and Utility Easement in Tract E, Registered Land Survey No. 546. The motion passed unanimously. DISCUSSION ITEMS FOLLOW -UP REPORT RE: CLEAR VIEW TRIANGLE AT 5120 EAST TWIN LAKE BOULEVARD The City Manager explained he had received a request to table the Clear View Triangle complaint until the November 22, 1993, Council meeting since Mr. Middlestedt could not appear at this evening's meeting. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to table the follow -up- report regarding the Clear View Triangle at 5120 East Twin Lake Boulevard until the November 22, 1993, Council meeting. The motion passed unanimously. TREE CITY USA APPLICATION The City Manager introduced the topic of Tree City USA designation for discussion. The Public Works Coordinator explained the application renewal process for the City to be designated a Tree City again for 1993 and gave a brief update of forestry activities and future needs. She explained at the Council's request a Tree Advisory Board could be set up to provide Brooklyn Center residents with a way to get more information about tree planting and other forestry issues and gave a brief report on diseased tree removal. Councilmember Rosene said he favored the idea of a Tree Advisory Board, and explained on his street every tree is too short a distance to the street to conform with the established standards for tree planting. i The Public Works Coordinator said there were several neighborhoods that planted trees that way in the 60's. Councilmember Scott commented if the City is going to give information about where people should not plant trees, she would like emphasis placed on not planting under power lines. She continued residents should be encouraged to be careful before planting, they should find out where phone and gas lines are before digging, and should look to the future as to what size the tree will become when it grows. 4 11/8/93 - 10- There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to authorize staff to research the function of a volunteer Tree Advisory Board and to submit an application for renewal of the City's Tree City USA designation. The motion passed unanimously. 65TH AVENUETAIR OAKS SCHOOL TRAFFIC The City Manager explained there had been concern expressed at a public hearing on the Park and Ride facility at 65th Avenue regarding the amount of traffic using the grounds of Fair Oaks School as a cut - through to and from Brooklyn Park. Councilmember Rosene stated he would like to add options 4 and 5 to the 3 options listed in the Council packet as follows: Option 4, to hire a city resident at a nominal fee to open and close the gates at the school. Option 5, to buy the homes that would be obstructions and run 65th Avenue straight through. He said he is not in favor of Option 5, but thought it should be mentioned. Mayor Paulson asked if there were any residents of the area who wished to address the Council. Mrs. Gene Hammerlund of 6437 Unity Avenue North gave a history of what has happened with the traffic problem over the years. She explained how a petition of 30 households to have the gate closed when school was not in process was denied by the Principal of Fair Oaks School. She explained now that the gate is installed, it is not being closed at the proper times. She said she would like to see the area permanently closed to vehicles. Mr. Gene Hammerlund of 6437 Unity Avenue North stated he had filed a traffic complaint in May of 1992. He gave figures from a Brooklyn Center traffic count giving an average number of cars per day of 750. He explained a survey he had personally taken of 110 houses on Unity Avenue, Winchester Lane, and 65th Avenue in which only four persons polled desired the gates be left open. He told of visiting the school earlier this evening to find the gates closed but being unlocked by the janitor for a Girl Scout meeting. Councilmember Rosene commented Mr. Hammerlund has seen semi trucks drive through the school on school days. F Ms. Lynn Sherohman, 4400 65th Avenue North, said she had been wondering why so much more traffic had been in the area, and when she found out the gates had been left open she knew why. Mr. Travis Brown of 5230 65th Avenue North pointed out if drivers in the area ignore the signs saying NO THROUGH TRAFFIC, think of the other traffic laws they are violating. He also said if the school keeps denying there is a problem, then why are there four speed bumps in the area. 11/8/93 Councilmember Rosene responded to the point made earlier by Mr. Lenthe during the open forum. He agreed that it's not good for Brooklyn Center to become a place you only go through to get to or from where you want to be. Councilmember Kalligher inquired whether the City can make the school district comply with shutting the gates. The City Manager explained anything that takes place on school property is beyond the jurisdiction of the City. Councilmember Rosene suggested if there is adjoining City -owned property a gate could be constructed on that and be closed at all times. He also asked if the school district had been notified the Council is considering any action and added they should be notified as soon as possible. The City Manager said Option 3, as detailed in the Council packet, is the option recommended by staff. Councilmember Kalligher stated her opinion the school district should be notified before any action is taken to see if they may have their own solution. Councilmember Scott agreed with her, while she stressed the importance of finding a permanent solution. Councilmember Rosene questioned what could be done as far as law enforcement in the area, and there was some discussion about the border between the two cities being an area where both could be tempted to say it's in the jurisdiction of the other. Councilmember Scott commented there are mutual aid pacts with all neighboring cities, and suggested Brooklyn Park be contacted with regard to what's been happening at Fair Oaks School. There was a motion made by Councilmember Rosene and seconded by Councilmember Scott to direct staff to draft and design a report regarding vacation of the right -of -way stub at Winchester Lane, retaining the sidewalk easement, designing and installing a permanent barrier which allows emergency vehicle and pedestrian and bike access, start the public hearing process, review the report with the school district, Brooklyn Park, and the neighbors, monitor law enforcement on border of the two cities, and provide rationale to the School Board and the Principal of Fair Oaks School. The motion passed unanimously. A brief recess was taken for the purpose of changing the videotape, and the Council reconvened at 9:10 p.m. RFP FOR CIVIL LAW SERVICES The City Manager introduced the discussion item regarding the Council's involvement in the selection process of city attorney. 11/8/93 - 12- Councilmember Kalligher stressed the importance of the selection process and said she would like to see the Council interview the candidates. Councilmember Rosene concurred. Councilmember Scott agreed it is important for the Council to be involved but did not think it would be expedient to interview all the candidates. She suggested staff review the RFPs and narrow them down to a workable number. Mayor Paulson suggested staff review RFPs, narrow them down, and pick five for the Council to interview so the Council stays involved in the process and there is a balance between staff recommendation and Council involvement. The City Manager suggested staff rank the candidates for the Council's benefit. All on the Council were in agreement with this procedure. CONSIDERATION OF BROOKLYN CENTER MEMBERSHIP IN FIVE CITY COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) The City Manager explained the Council is considering participation in the Community Housing Development Organization (CHDO). The Community Development Specialist gave a report on the activities and funding for the program, including a time line for when activities would begin. He pointed out CHDO is an independent nonprofit corporation and recommended the Council to authorize membership in the program. Councilmember Scott asked if it would be allowed to build a housing project designed for handicapped residents within the requirements of this program, and Councilmember Kalligher suggested staff be directed to make such a housing project a priority. The Community Development Specialist responded he would have to explore the program's flexibility, but he thought it would be a good fit and agreed housing specifically designed for handicapped residents would be a good type of project for the City. Mayor Paulson asked the Council their feelings on making the City Manager the representative for CHDO. The City Manager explained it would be "City Manager or designee," which probably meant the Community Development Specialist would be quite involved, and pointed out CHDO membership does not commit Council for any funding. The City Manager introduced a Resolution Authorizing the City of Brooklyn Center's Membership in the CO -OP Northwest Community Housing Development Organization (CHDO) Also Known as the CO -OP Northwest Community Revitalization Corporation, and directing City staff to pursue the possibility of donating land for a handicap housing unit, and naming the City Manager or designee as the representative. 11/8/93 -13 - RESOLUTION NO. 93 -202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER'S MEMBERSHIP IN THE CO -OP NORTHWEST COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) ALSO KNOW AS THE CO -OP NORTHWEST COMMUNITY REVITALIZATION CORPORATION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY The City Manager explained the Council had asked the Financial Commission to develop a policy to guide the approval of projects to be paid for by the Capital Improvements Fund. He said the Commission and staff had come up with a draft policy for that purpose and recommended the Council consider and adopt it. Councilmember Kalligher asked if there had been such a policy in the past, and the City Manager explained this is new and taken from a similar 1' g p o a policy in the City f Minnetonka. P Y ty The Finance Director explained not many cities have a Capital Improvements Fund with this much money in it and said there is usually 5 to 6 million dollars in the fund with a minimum balance of 3 million for emergency use. Mayor Paulson asked why the four - fifths majority necessary for expenditures had been put into the policy. The Finance Director explained that for such major expenditures the Finance Commission wanted a broad consensus of the City Council. Councilmember Scott expressed concern over the logistics of a four - fifths majority in the event of an emergency and needing quick access to the funds. Councilmember Kalligher said she would feel better if there was a clause allowing fund usage for emergencies. Donn Escher, Chairman of the Financial Commission, explained they had discussed that and could not satisfactorily define emergency for the policy so they Ieft it out. Mr. Escher continued the Council can change the policy at any time as needed by a majority vote, not an extraordinary majority vote. Councilmember Scott suggested the definition of emergency as anything that immediately impairs the health, welfare, and safety of the community. The City Attorney explained in an emergency action is taken first and then which fund it comes out of is decided later, so there would be no time delay in responding to a crisis. 11/8/93 - 14 - Councilmember Rosene and Councilmember Kalligher both expressed concern that sometimes not all Councilmembers are at meetings, which could make the four - fifths majority difficult. Councilmember Scott recommended the four - fifths majority is kept in the policy, and if not all Councilmembers are present at a meeting, the vote would wait until the next meeting when all members of the Council were present. Mayor Paulson noted an extraordinary majority could be detrimental as an extraordinary minority could block action by not showing up for meetings. Councilmember Kalligher said she was uncomfortable even deciding this issue with one Councilmember absent tonight and suggested tabling the item. The City Manager recommended using the policy as a guideline as budget considerations are made to see if it is a help or hindrance. The Financial Commission Chairman agreed with this idea, and added the four - fifths majority requirement is not because of lack of trust, but because decisions regarding such a large amount of money shouldn't be decided by too few people. Councilmember Scott complimented the Financial Commission on the policy. She said it is a good policy and not too wordy. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to table this agenda item until a meeting in January when all five Councilmembers are scheduled to be present. 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 10:10 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton Timesaver Off Site Secretarial i 4 11/8/93 -15 -