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HomeMy WebLinkAbout1993 12-20 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 20, 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 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. 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, and Council Secretary Kathy Stratton. Councilmember Barb Kalligher had called the Mayor to indicate she would be late and she arrived at 7:10 p.m. OPENING CEREMONIES The invocation was observed with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Councilmember Rosene said he and Mayor Paulson had been invited to judge a decorating contest at Garden City Court Apartments. He indicated it was an enjoyable experience and encouraged other apartments to become similarly involved. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. There were no such requests. 12/20/93 - 1 - APPROVAL OF MINUTES NOVEMBER 22, 1993 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the minutes of November 22, 1993, regular session as printed. The motion passed unanimously. NOVEMBER 29, 1993 - WORK SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the minutes of the November 29, 1993, work session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 93 -216 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF ONE (1) COPIER/DUPLICATOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -217 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KATE WINDSOR FOR HER DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -218 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE INVESTMENT TRUST FUND TO ISSUE A TEMPORARY IMPROVEMENT NOTE TO LOAN FUNDS TO THE EARLE BROWN HERITAGE CENTER FUND The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 12/20/93 -2- RESOLUTION NO. 93 -219 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PURCHASE OF EIGHT (8) H.T. 1000 MOTOROLA PORTABLE RADIOS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -220 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -E, BROOKLYN BOULEVARD SIDEWALK REPAIRS, IMPROVEMENT PROJECT NO. 1993 -08; ADA TRAIL IMPROVEMENTS, IMPROVEMENT PROJECT NO. 1993 -09; REPLACEMENT OF DEFECTIVE SIDEWALKS IN MISCELLANEOUS LOCATIONS, IMPROVEMENT PROJECT NO. 1993 -10; EXPANSION OF PARKING LOT IN SOUTH PALMER LAKE PARK, IMPROVEMENT PROJECT NO. 1993 -11; REPAIR OF FREEWAY BOULEVARD, IMPROVEMENT PROJECT NO. 1993-12; AND RECONSTRUCTION OF APPARATUS AREA IN NORTHPORT PARK, IMPROVEMENT PROJECT NO. 1993 -13 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -221 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1993 -24, WELL NO. 6 MAINTENANCE, AND IMPROVEMENT PROJECT NO. 1993-26, WELL NO.8 MAINTENANCE, CONTRACT 1993 -J The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -222 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 12/20/93 -3- RESOLUTION NO. 93 -223 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -224 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF FIXED ASSETS AND CASH AND INVESTMENTS FROM VARIOUS OTHER FUNDS TO THE CENTRAL GARAGE INTERNAL SERVICE FUND TO BEGIN OPERATIONS AND COVER UNFUNDED PAST DEPRECIATION AS OF JANUARY 1, 1994 AND APPROVING A CENTRAL GARAGE MISSION STATEMENT AND OPERATING PRINCIPLES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -225 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOUGLAS M. ROSSI, SUPERINTENDENT OF BROOKLYN CENTER SCHOOL DISTRICT NO. 286 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. PERFORMANCE BOND REDUCTION There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve a performance bond reduction for Twin View Meadows - 51st and France Avenues North. The motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the following list of licenses: GASOLINE SERVICE STATION Brookdale Unocal 5710 Xerxes Ave N Howe Company 4821 Xerxes Ave N Metropolitan Transit Commission 6845 Shingle Creek Pkwy 12/20/93 -4- GASOLINE SERVICE STATION - CONTINUED Mobil #504 6849 Brooklyn Blvd Osseo - Brooklyn Bus Company 4435 68th Ave N Total Petroleum, Inc. 6830 Brooklyn Blvd U.S. Post Office 6848 Lee Ave N U.S. West 6540 Shingle Creek Pkwy Bill West's Service Center 2000 57th Ave N MECHANICAL SYSTEMS Air Corp, Inc. 4088 83rd Ave N Pierce Refrigeration 1920 2nd Ave S PUBLIC DANCE Holiday Inn 2200 Freeway Blvd RENTAL DWELLINGS Renewal: Egons Podnieks Garden City Court Bruce Kruger /Jagdish Trivedi 5500 Bryant Ave N Dr. Akbar Sajady 4207 Lakeside Ave N #131 Dr. Akbar Sajady 4207 Lakeside Ave N #326 SIGN HANGER American Installers 9154 Parkington Circle Electric Sign and Lighting 11328 Zane Ave N Topline Outdoor Advertising, Inc. 12652 Hastings St. NE TOBACCO RELATED PRODUCT Brookdale Unocal 76 5710 Xerxes Ave N Brooks Superette #21 6804 Humboldt Ave N Duoos Bros. American Legion #630 4307 70th Ave N F & M Distributors 5951 Earle Brown Drive Holiday Inn 2200 Freeway Blvd K -Mart 5930 Earle Brown Drive Mobil #504 6849 Brooklyn Blvd Total Petroleum 6830 Brooklyn Blvd The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Paulson explained this agenda item would be covered later in the meeting so Councilmember Kalligher could be involved in the discussion and moved on to the next agenda item. 12/20/93 -5- PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 93016 submitted by Independent School District No. 279. Request for site and building plan and special use permit approval for a 4,400 square foot addition to Garden City Elementary located at 3501 65th Avenue North. This application was recommended for approval by the Planning Commission at is December 9, 1993, meeting. The Planning and Zoning Specialist gave details of the application and explained a revised landscaping plan which met and eliminated condition #12 posed by the Planning Commission. He pointed out the School District had requested to be excused from providing curb and gutter improvements immediately because of budget constraints. He stated the Planning Commission recommended approval of this application and explained Mr. Dale Hamilton and Mr. Mark Hayes were present at the meeting to represent School District No. 279 and answer any questions. Councilmember Scott asked if there were plans to improve the Garden City Elementary playground area since it has become very unattractive and mostly filled with cockleburrs. Councilmember Kalligher arrived at the meeting at 7:10 p.m. Mr. Hamilton explained it is his understanding the School District has plans to update numerous playground areas which have recently become a problem due to new ADA and safety requirements which prohibit weed killer and herbicides. Mayor Paulson suggested a gate should be put in the fence in the southwest corner of the school property since children are currently jumping over it there, and Mr. Hamilton said the School District would comply with that request if the City asks them to do so. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission Application No. 93016 submitted by Independent School District No. 279 subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A Site Performance Agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. The trash enclosure shall contain an opaque wood gate attached to a metal frame rather than a chain link gate with slats. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 12/20/93 -6- 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter around all parking and driving areas shall be deferred until the parking lot facilities at the school are upgraded based upon the school district's plan for scheduled improvements, which shall be accomplished within the next ten years. 8. The applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Agreement. 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by and be in compliance with conditions set by the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project. 11. The ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County prior to the issuance of permits. The motion passed unanimously. PLANNING COMMISSION ITEMS - CONTINUED The City Manager introduced Planning Commission Application No. 93017 submitted by Independent School District No. 279. Request for site and building plan and special use permit approval for a 2,800 square foot addition to Orchard Lane Elementary School located at 6201 Noble Avenue North. The Planning and Zoning Specialist reported on details of the application including an explanation of a revised landscaping plan and explained the Planning Commission had recommended approval of this application. He explained Mr. Dale Hamilton and Mr. Mark Hayes were present at the meeting to answer any questions. Councilmember Kalligher asked about the 10 years referred to in the conditions for updating of the curb and gutter and commented that seems a little too long of a time frame. The Planning and Zoning specialist responded the school has been there 25 years without curb and gutter and the School District is in the process of considering when these improvements should be made. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve Planning Commission Application No. 93017 submitted by Independent School District No. 279 subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 12/20/93 -7- 3. A Site Performance Agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. The trash enclosure shall contain an opaque wood gate attached to a metal frame rather than a chain link gate with slats. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 f p o the City ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter around all parking and driving areas shall be deferred until the parking lot facilities at the school are upgraded based upon the school district's plan for scheduled improvements, which shall be accomplished within the next ten years. 8. The applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Agreement. 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by and be in compliance with conditions set by the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project. 11. The ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County prior to the issuance of permits. 12. Within one year the applicant shall provide an updated landscaping plan consistent with the landscaping enhancements recommended by the Brooklyn Boulevard Task Force. The motion passed unanimously. MAYORAL APPOINTMENTS - CONTINUED FINANCIAL COMMISSION Mayor Paulson explained he had tried to contact the appointees as suggested at the last Council meeting. He explained both Ulyssess Boyd and Ron Christensen are on the Charter Commission, and Ulyssess Boyd declined his request to be on the Financial Commission so he could focus on the Charter Commission, while Ron Christensen requested to remain on the Financial Commission. The Mayor requested confirmation of his appointments of Ron Christensen and Lee Anderson for the Financial Commission. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve these appointments. The motion passed unanimously. 12/20/93 -8- PARK AND RECREATION COMMISSION Mayor Paulson explained he had tried to reach John Russell but was unsuccessful, and he recommended Kay Lasman for appointment to the Park and Recreation Commission. Mr. John Russell was present in the audience and told the Council he had been on the Park and Recreation Commission for four years and would very much like to be reappointed. He said he did not think his part-time employment with the City is a conflict. Mayor Paulson explained his decision is not made on the basis of personality but in an attempt to get as many people involved in the process of the City's government as possible. He asked again for approval of the appointment of Kay Lasman because of her qualifications and the gender and geographic balance she would add. Councilmember Mann said Mr. Russell had done an excellent job and would be missed. Councilmember Kalligher said she thought Kay Lasman would do a good job, but since John Russell has spoken to be reappointed she would like to see him continue to serve on the Commission. She added she would vote against the Mayor's appointment of Kay Lasman. Councilmember Mann said she too would vote in support of John Russell. There was no motion made; therefore, the appointment will not be made at this evening's meeting. PLANNING COMMISSION Mayor Paulson explained he had talked with both Mark Holmes and Bertil Johnson but still wanted to appoint Richard Campbell and Donald Booth to serve on the Planning Commission. Councilmember Mann explained Mark Holmes is very interested in continuing to serve on the Planning Commission and he wants to see his neighborhood represented. Councilmember Rosene said Mark Holmes had also called him. He sympathized with the Mayor on the difficulty of making this decision. Councilmember Kalligher said when she was on the Planning Commission Mark Holmes did a good job. She explained his excellent attendance record. Councilmember Scott explained Mark Holmes had taken the time to call her as well. She said she then checked his attendance record and found it to be outstanding. She said he had served well and since the Planning Commission needs continuity she could not vote to confirm the Mayor's appointment of Kay Lasman. 12/20/93 -9- Councilmember Rosene stated it seems the Council is asking for Mark Holmes to be one appointee and asked the Mayor to choose one other appointee between Donald Booth and Richard Campbell Mayor Paulson said he could not make that choice at this evening's meeting. ORDINANCES The City Manager introduced an Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation and explained this ordinance was first read on November 22, 1993, published in the City's official newspaper on December 1, 1993, and is offered this evening for a public hearing and second reading. He explained this ordinance increases the insurance requirements for taxicabs. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation at 7:40 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 7:40 p.m. The motion passed unanimously. ORDINANCE NO. 93 -13 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY ORDINANCES REGARDING PUBLIC TRANSPORTATION The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. ORDINANCES - CONTINUED The City Manager introduced An Ordinance Vacating a Drainage and Utility Easement in Lot 1, Block 6, Wangstad's Brooklyn Terrace and explained the vacation of this easement is in conjunction with redevelopment of the Brookdale Chrysler Plymouth site on Brooklyn Boulevard. He said this ordinance is recommended for first reading this evening. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve first reading of An Ordinance Vacating a Drainage and Utility Easement in Lot 1, Block 6, Wangstad's Brooklyn Terrace. The motion passed unanimously. DISCUSSION ITEMS The City Manager introduced the staff recommendation regarding determination of benefits and establishment of special rates for northwest area Street Improvement Project No. 1994- 11. 12/20/93 -10- The Director of Public Works reported staff is in the process of holding meetings with the residents north f v 0 69th Avenue and west of Brooklyn oulevard regarding improvements. yn g g r v poem . s He explained staff would like to know the assessment rate for the area and gave two options. He said one option is to assess $1,550 per household, which is estimated to be 30% of the cost of the improvements based on current appraisals. He explained the other option is to adjust that rate in some way and conduct new appraisals. Mayor Paulson asked what the cost of appraisal would be, and the Director of Public Works explained it would be approximately $2,900, the cost to choose two parcels of land out of the 113 that will be affected for a sample appraisal. Mayor Paulson stated he would feel comfortable having the parcels appraised. Councilmember Rosene asked what would happen if the appraisal came in at a lower amount and it did not look like the cost of improvements would be covered. The Director of Public Works responded unless at least 20% of the cost is covered with assessments the project cannot be undertaken. He said it is staff opinion that $1,550 is reasonable especially when other cities require residents to cover higher than 30% of the cost of improvements. He added people in Brooklyn Center should consider themselves lucky, and he believes having new appraisals would show that benefits would exceed the $1,550 amount of the assessment. The Public Works Coordinator concurred a new appraisal would only drive the assessment rate higher than $1,550 because of the appraisals done on six similar properties in the southeast section of Brooklyn Center which were even smaller than the lots in the Northwest area that would be assessed at $1,800 to $2,400. Councilmember Scott added she also felt an appraisal would only indicate the assessment should be higher and since other cities assess at 70% to 100 %, $1,550 is a fair assessment and even a bargain. She suggested the City save the $2,900 by not conducting appraisals. Councilmember Mann also suggested the City accept the $1,550 rate and save the money. The City Attorney clarified the City Council can assess any percentage of the cost for improvements, and the stipulation of covering at least 20% of the cost with assessments is only if bonds are being sold. Mayor Paulson asked if the City would be able to stick with 30% for other neighborhoods and cautioned this decision will set the precedent for other improvements. The Director of Public Works explained the policy has been to assess at 30% for seven or eight years. He said to leave the assessment rate for the Northwest Area project at $1,550 is to remain within the bounds of existing policy, and conducting an appraisal and changing 12/20/93 - 11 - the rate would set a new precedent. He also explained the City Council can adjust the policy at any time. Councilmember Rosene said if an appraisal were to indicate a higher assessment he would still want to stick with the $1,550 rate and save the $2,900. RESOLUTION NO. 93 -226 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1994 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 1994 ANNUAL BUDGET The City Manager explained the City Council has been working on the 1994 Annual Budget for several months and had conducted two Truth -in- Taxation hearings to accept public input. He indicated there has been no budget increase this year and over $160,000 had been cut from the proposed budget to accommodate requests of the Council. The Mayor asked the Councilmembers for questions or comments. Councilmember Mann said she thinks the Council has done a good job in keeping the general operating budget growth to zero, adding two new police officers, and keeping the dispatch service local. She said she would move approval of the budget. RESOLUTION NO. 93 -227 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1994 APPROPRIATIONS FOR THE GENERAL FUND AND THE E.D.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -228 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO CANCEL PART OF A TAX LEVY PREVIOUSLY CERTIFIED FOR THE REDEMPTION OF THE CERTIFICATES OF INDEBTEDNESS SOLD IN 1992 AND 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 12/20/93 -12- RESOLUTION NO. 93 -229 Councilmember Rosene reminded the Council this resolution had been revised and the final version was received at the Council table this evening. The City Manager explained the only change is to separate the E.D.A. and H.R.A. into two sections as per the City Attorney's recommendation. Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1994 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -230 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1994 PROPOSED BUDGET FOR THE GENERAL FUND, THE E.D.A FUND AND THE H.R.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -231 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1994 PROPOSED BUDGET FOR THE CENTRAL GARAGE INTERNAL SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 1994 PAY PLAN AND 1994 COLLECTIVE BARGAINING AGREEMENTS The City Manager introduced the 1994 Pay Plan and 1994 Collective Bargaining Agreements and explained an agreement had been reached just this afternoon. He recommended approval of the agreement which adjusted wages and salaries of several employees in a similar way. Councilmember Rosene expressed his support for this proposal. 12/20/93 -13- Celia Scott expressed her concern with employees accumulating sick leave that could be taken in conjunction with vacation time and cause a scheduling problem for the City. The City Manager explained a maximum of three days of accumulated sick leave can be taken per year, and that must be done with supervisor's approval. Mayor Paulson said he is also comfortable with the pay plan proposal but would like time to further negotiate the pay for the City Manager and would like that position taken out of the agreement. Councilmember Kalligher indicated she would like to further negotiate the Police Chief's pay plan and asked that his position be taken out of the agreement as well. RESOLUTION NO. 93 -232 Member Celia Scott introduced the following resolution and moved its adoption, minus the positions of Police Chief and City Manager: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1994 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. FALSE POLICE AND FIRE ALARMS The City Manager introduced An Ordinance Amending Chapter 23 of the City Ordinances Regarding Alarm Systems and offered it for first reading this evening. Councilmember Celia Scott commented this ordinance has not been updated since 19 82. She said the Council had discussed the issue last year but no action was taken, and she thinks it's time to do something about it. She continued the ordinance is not so much to fine people for repeat false alarms, but to make personnel more accountable for the cost to the City. She said people are not charged if the alarm was a result of mechanical failure and charges may be contested. She added people need to realize it puts a strain on public facilities and if equipment is out on a false alarm call when a real call comes in it can be a matter of life and death. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve first reading of An Ordinance Amending Chapter 23 of the City Ordinances Regarding Alarm Systems. The motion passed unanimously. 12/20/93 -14- RESOLUTIONS - CONTINUED RESOLUTION NO. 93 -233 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE FALSE ALARM FEE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. REVIEW OF DETAILS RE: PROCESS AND PROCEDURES FOR MEETINGS RELATING TO HUMBOLDT AVENUE The City Manager explained as a result of the motion made at the November 22, 1993, City Council Meeting regarding Humboldt Avenue there were some areas of uncertainty and staff wanted to make sure to proceed in accordance with the intentions of the Council. The Director of Public Works showed an overhead with a series of six question$_,he and staff needed answers for in order to proceed: Question 1: Which procedure is intended by the City Council? OPTION A: Step 1: A 'Step 5" meeting with citizens (see copy of the Building Block Process) prior to the City Council's 1/31/94 worksession. Step 2: Staff prepares and submits concrete proposal(s) to City Council. Step 3: City Council considers the issues at its 1/31/94 worksession. OPTION B: Staff prepares concrete proposal(s) to City Council, without conducting the "Step 5" meeting(s), and presents those proposals directly to the City Council for discussion and action at the City Council's 1/31/94 worksession. Councilmember Rosene said as maker of the motion he should be the one to answer this question. He said Option A is the intended option and he was hoping the concrete proposals could be considered at a regular session of the Council. He commented he had not intended for the Council to meet on Valentine's Day, but did not receive a consensus from other Councilmembers to change the date of the next regular session, which is scheduled for February 14, 1994, after the concrete proposals are presented. Question 2• Regarding the Council's earlier direction to coordinate consideration of proceedings regarding Humboldt Avenue and 73rd Avenue, what direction should now be taken regarding 73rd Avenue? 12/20/93 -15- Councilmember Scott said this is a staff decision and asked if staff could handle both groups at one meeting, or if two meetings were necessary. Councilmember Rosene concurred with Councilmember Scott and said prodence and logic would indicate both groups could attend one meeting. The Director of Public Works said there i n problem r condu n meeting with e e s o for staff to conduct one e g h both groups present, but he said it should be a decision of the Council which is why he needed clarification. Councilmember Kalligher agreed both groups should meet together and said people living on 73rd Avenue need to know that the people on Humboldt Avenue want to block the road. Question 3: To whom should notices of the meeting be sent? Councilmember Rosene asked what the comparative cost is between mailing notices and advertising in the paper. The Director of Public Works responded the newspaper is less expensive, and from a standpoint of special assessments and public hearings the City is required by law to do both a mailing and run advertisements. He continued there is no law regarding informational meetings but the City Council's may make that choice. Councilmember Rosene recommended notices be given to property owners abutting Humboldt Avenue, 73rd Avenue, and between, as well as taking out small ads to notify others in the greater Humboldt area. Councilemember Mann concurred with Councilmember Rosene and stated she would like to see published notices of informational meetings as a policy. The Director of Public Works explained the cost of running small advertisements is not that great. Mayor Paulson asked if a Press Release should be considered, and the Director of Public Works stated a Press Release would be read more than an ad. The Director of Public Works said the City could do both small ads and a Press Release in this instance. Councilmember Kalligher pointed out when notices were sent to people on Willow Lane a youth organization volunteered to deliver them. 12/20/93 -16- The Director of Public Works said that would be an option in this case as well, but the Willow Lane notice was a more expensive one. He continued he would be comfortable with mailing the notice in this case. Question 4: The Director of Public Works asked if the same people should receive notices of the Council's special work session scheduled for January 31, 1994. Mayor Paulson asked if one notice could be used for the purpose of notifying the residents of both meetings, and the Director of Public Works explained in doing one notice for two meetings, people often forget the second one. Mayor Paulson suggested the first notice be sent to the same group of people and contain information regarding both meetings, and then a second notice be sent regarding the meeting January 31, 1994. Question 5: Is it the City Council's intent to take official action (i.e. - "adopting one concrete solution" and setting a Public Hearing for 3/14/94) at the 1/31/94 meeting? The Director of Public Works explained normally the City Council does not take such official action at a work session, but may do so as long as it is an official meeting. Councilmember Mann requested the concrete solution be brought back to a regular Council meeting so residents can have another chance to be involved. Councilmember Rosene agreed and said that is what he originally invisioned. Councilmember Scott said she would rather see a final decision made earlier so the impression the City might change the final solution is not given. Councilmember Kalligher commented some people might not be able to attend earlier meetings. It was decided the final action would be taken at the regular session of the City Council on February 14, 1994. Question 6: At which point in the process does the City Council wish to make a determination of benefit (for special assessment purposes) and what process should be used to determine benefits? Councilmember Rosene stated staff should proceed as the recommendation in the Council packet states: (1) no attempt be made to define benefits until a specific proposal is established and (2) a professional, independent appraiser be employed at that time, to conduct detailed appraisals of benefit. 12/20/93 -17- After discussing each question and arriving at satisfactory answers for the Council and staff, the Director of Public Works presented an overhead with the timeline for completion of each step of the Humboldt Avenue improvements process. He commented the schedule is very right, and made a copy available to audience members who wished to receive a copy. Mr. Mike Schwartz, a representative of the Humboldt Avenue Residents Association, said he is glad staff has set a schedule and he agrees people living on 73rd Avenue should be sent notices of meetings to be held regarding changes on Humboldt Avenue. CONSIDERATION OF LIQUOR LICENSES Councilmember Scott said she appreciates getting the Annual Liquor License Report once a year so the Council knows the number of calls made to licensed establishments. She continued since there were no calls our licensing system must be doing a good job and it seems to be a good idea to require licenses. Councilmember Rosene said it is a pleasure to see the number of police responses so low to liquor establishments. He said he is concerned about the tendency of these establishments to attract the kind of crime people fear and noted a correlation between the ratio of food sales to liquor sales and the number of police calls. OTHER BUSINESS The City Manager explained the Council had failed to pass a motion authorizing the Mayor to execute contracts regarding the pay plans for Public Works and the Police Departments. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to authorize the Mayor to execute contracts regarding the pay plans for the Police Department and the Public Works Department. The motion passed unanimously. Councilmember Scott thanked the Police department for its work in negotiating an agreeable 1994 pay plan. ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:40 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 12/20/93 -18-