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HomeMy WebLinkAbout1992 03-23 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 23, 1992 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:01 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, and Dave Rosene. Councilmember Philip Cohen arrived at 7:05 p.m. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, Assistant EDA Coordinator Tom Bublitz, and Council Secretary Carla Wirth. OPENING CEREMONIES The invocation was observed with a moment of silence. Councilmember Cohen arrived at 7:05 p.m. Mayor Paulson introduced Louis Larson, Don Emery and Sid Fredrickson who entertained the Council with two musical numbers, one written by Mr. Larson entitled "Take Me Back to Minnesota ". Mr. Larson thanked the Council for the opportunity to appear before them. Mayor Paulson extended the Council's appreciation. OPEN FORUM Mayor Paulson noted the Council had received several requests to use the open forum session this evening. However, several were interested in addressing agenda item 11g, Communications Coordinator Position. Mayor Paulson indicated the Financial Task Force Chair had requested this item be removed from the Council's agenda so they could consider it as part of their prioritization process. Because of this, he intended to honor this request when the Council considered adoption of the agenda. With regard to the Communications Coordinator Position, Dan Morrissette, 1500 72nd Avenue N., indicated opposition to a new position since the Council was making budget cuts. Also, he did not see the need for a position of this type. 3/23/92 _ 1 i Kristen Mann, 5415 East Twin Lake Boulevard, stated she was also opposed to the Communications Coordinator Position due to budget and State Aid cutbacks. She suggested communications be improved through existing resources such as revitalization of community groups, use of cable tv, town meetings, and increased press releases in the City's two newspapers. Ms. Mann felt the money would be better spent in areas of consulting, domestic abuse prevention, and police protection. Don Poss stated he would like to address the Council but preferred, in consideration of residents in the audience, to delay it until the end of the meeting. Council agreed to continue the Open Forum to the end of the agenda. COUNCIL REPORTS Mayor Paulson mentioned the new lighting in the Council Chambers to facilitate cable tv broadcasting. Councilmember Rosene suggested recess periods held during the meeting be somewhat brief so the home audience remains tuned into the meeting. He added staff was working on an informative film about the City which could be broadcast during these time - periods. Councilmember Rosene pointed out the Earle Brown Heritage Center had directional signs posted in several areas and asked staff to research the possibility of installing directional signs for the Community Center, Pool and Water Slide. Councilmember Cohen suggested staff review the Sign Ordinance regarding restrictions on amount of signage that is allowed. With regard to the Outreach worker, Councilmember Rosene requested a breakdown on the City's contributions, i.e., supplies, activities, etc. Councilmember Rosene reported he attended the Prayer Breakfast and spoke with School Board member Jody Brandvold, who indicated they had a volunteer coordinator position at the Earle Brown School who was coordinating a car pool. He commended Ms. Brandvold for taking the initiative with this innovative program. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Rosene requested the removal of agenda item 7a. Mayor Paulson requested removal of agenda item 11g in consideration of the request received from the Financial Task Force. 3/23/92 -2- RESOLUTIONS RESOLUTION NO. 92 -51 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1992 -04, TRUNK SEWER REPLACEMENT BROOKDALE AREA, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. RESOLUTION NO. 92 -52 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORKPERFORMED UNDER CONTRACT 1991 -G (19.91 DISEASED TREE REMOVAL PROGRAM) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. RESOLUTION NO. 92 -53 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1992 DISEASED TREE REMOVAL PROGRAM APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1992 -10, CONTRACT 1992 -E The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. I RESOLUTION NO. 92 -54 Member Dave Rosene 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 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. 3/23/92 -3- RESOLUTION NO. 92 -55 Member Dave Rosene 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. The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. RESOLUTION NO. .92 -56 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE EXTENDED BODY COMPACT MINI PASSENGER VAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. RESOLUTION NO. 92 -57 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF A LASERJET PRINTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the following list of licenses: BULK VENDOR Brooklyn Center Lions 5324 Oliver Avenue N. K -Mart 5930 Earle Brown Dr. FOOD ESTABLISHMENT ' Bakers Square Restaurant 5601 Xerxes Avenue N. Blevins Concession Supply Co. 6800 Shingle Creek Parkway Brookdale Cinema 5801 John Martin Drive B.C. Church of the Nazarene 501 73rd Avenue N. Brooklyn Center High School 6500 Humboldt Avenue N. Brooks Food Market #21 6804 Humboldt Avenue N. 3/23/92 -4- FOOD ESTABLISHMENT (CONTINUED) Burger King 6110 Brooklyn Blvd. Centerbrook Golf Course 5500 N. Lilac Drive Children's World Learning Center 6020 Earle Brown Drive Country Store 3600 63rd Avenue N. Days Inn 1501 Freeway Blvd. Denny's Restaurant #1284 3901 Lakebreeze Avenue N. Duke's Amoco 6501 Humboldt Avenue N. Earle Brown Bowl 6440 James Circle Earle Brown Commons 6100 Summit Drive Earle Brown Elementary School 5900 Humboldt Avenue N. Fanny Farmer Candy Shops 1236 Brookdale Center 50's Grill 5524 Brooklyn Blvd. Ground Round 2545 County Road 10 Hardee's 1601 Freeway Blvd. Jerry's New Market 5801 Xerxes Avenue N. K -Mart 5930 Earle Brown Drive Kids Play 5611 Xerxes Avenue N. Leeann Chin 6800 Shingle Creek Parkway Little Brooklyn 6219 Brooklyn Blvd. Maranatha Place 5415 69th Avenue N. Minnesota Vikings Food Services 5200 West 74th Street U.S. West 5910 Shingle Creek Parkway Num Num. Foods, Inc. Brookdale Snack Bar Nutrition World 1271 Brookdale Center The Olive Garden Italian Restaurant 1601 James Circle N. Perkins Family Restaurant 5915 John Martin Drive Price Candy Company 1200 Brookdale Center Que Viet 6100 Brooklyn Blvd. Red Lobster Restaurant 7235 Brooklyn Blvd. Super 8 Motel 6445 James Circle T. Wright's 5800 Shingle Creek Parkway Taco Bell #3378 5532 Brooklyn Blvd. Taystee Bread 4215 69th Avenue N. Willow Lane School 7020 Perry Avenue N. ITINERANT FOOD ESTABLISHMENT James M. Witt . 3601 48th Avenue N. MECHANICAL SYSTEMS Climate Engineering 4336 B Shady Oak Road E.A.H. Schmidt and Associates 3245 Winpark Drive 3/23/92 -5- i NONPERISHABLE VENDING MACHINES A & J Enterprises 6842 Washington Avenue S. Hoffman Engineering 6530 James Avenue N. J. C. Penney 1265 Brookdale Center Principal Financial 6160 Shingle Creek Parkway Ryan Management 6160/6200 Shingle Creek Parkway Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Compact Vending 13196 Foliage Avenue Firestone Master Care 5445 Xerxes Avenue N. K -Mart 5930 Earle Brown Dr. Woodside Vending, Inc. 6317 Welcome Avenue N. City of Brooklyn Center 6301 Shingle Creek Parkway PERISHABLE VENDING MACHINES A & J Enterprises 6842 Washington Avenue S. Hoffman Engineering 6530 James Avenue N. J. C. Penney 1265 Brookdale Center Ryan Management 6160/6200 Shingle Creek Parkway Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Five Star Vending 15034 Fillmore Street NE Hiawatha Rubber 1700 67th Avenue N. Mikros Engineering 3715 50th Avenue N. Jimmy Jingle 1304 East Lake Street Fingerhut Telemarketing 6860 Shingle Creek Parkway North Star Dodge 6800 Brooklyn Blvd. Palmer Lake Plaza 6860 Shingle Creek Parkway TCR Corporation 1600 67th Avenue N. RENTAL DWELLINGS Initial: Torosa Schwartz 6114 Bryant Avenue N. Helen Nelson - Chapman 1341 63rd Lane N. Tom Green - PDI 2812 67th Lane N. Renewal: Egons Podnieks Garden City Court Arthur and Dolores Kvamme 5529 Aldrich Drive Jagdish TrivediBruce Kruger 5500 Bryant Avenue N. Robert and Bonnie Healy 5517 Bryant Avenue N. Duane and Jessie Erickson 7019 Dallas Road Timothy Gramling 5245 Drew Avenue N. Melvin and Mildred Jampsa 5619 Hillsview Road Gregory J. Collins 1600 Irving Lane Richard Arntson 4220 Lakeside Avenue N. 3/23/92 -6- RENTAL DWELLINGS (CONTINUED Renewal: David Zemke 6183 Noble Avenue N. Robert Berglund 6835 Noble Avenue N. Curtis Erickson 4809 Twin Lake Avenue Swanson Investments 7240 West River. Road Gary and Carol Meinke 3601 47th Avenue N. Dr. John Lescault 3507 62nd Avenue N. Gregory Olson 4006 65th Avenue N. Patricia and Richard Sandeen 1706 71st Avenue N. SIGN HANGER Attracta Sign 7420 West Lake Street SPECIAL FOOD HANDLING ESTABLISHMENT Adventures in Video 6914 Brooklyn Blvd. Mr. Movies 1964 57th Avenue N. SWIMMING POOL Beach Condominiums 4201 Lakeside Avenue N. Four Court Apartment 2836 Northway Drive Garden City Court Apartments 3407 65th Avenue N. Marvin Garden Townhouses 68th and Orchard North Lyn Apartments 6511 Humboldt Avenue N. Northbrook Apartments 1302 69th Avenue N. River Glen 4539 58th Avenue N. Twin Lake North Apartments TAXICAB Town Taxi 2500 Washington Avenue N. #97 The motion passed unanimously. APPROVAL OF MINUTES MARCH 9 1992 - REGULAR SESSION Councilmember Rosene requested the following corrections: Page 9, fourth paragraph, "Councilmember Cohen suggested municipalities act as a group to protest these cuts which would wreak devastation for communities." Page 12, fifth paragraph, "Councilmember Rosene suggested the Council add item 6, Transportation - Zane Avenue and 694." There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the minutes of March 9, 1992, regular session as corrected. The motion passed unanimously. 3/23/92 -7- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NOS. 92005 AND 92006 SUBMITTED BY MULARONI AND ASSOCIATES/TOMORROW FOODS The City Manager introduced Planning Commission application No. 92005 which is a request for site and building plan approval to construct a 7,754 square foot office /industrial building at the southeast uadrant of Shingle Creek Parkway and 69th Avenue North and q g Y , Application No. 92006 which is a request for a variance from Section 35 -413 of the Zoning Ordinance to allow, on a temporary basis, a buffer strip of less than 50 feet across Shingle Creek Parkway from R -3 zoned property. He explained the two applications were reviewed and recommended for approval by the Planning Commission at their March 12, 1992, meeting. The Director of Planning and Inspection presented details of the applications and explained a special use permit was not required since a retail operation was not being requested. The site plan, proposed landscaping and parking area as well as the variance request were then reviewed. The Director of Planning and Inspection pointed out the existing and future Shingle Creek Parkway alignment and the area which would be vacated in the future. Councilmember Cohen asked if a bond would be required. The Director of Planning and Inspection explained previously a similar variance was approved along Highway 252 but a financial guarantee was not required, only an agreement. Councilmember Cohen indicated he would prefer a bond was required in case the property changed hands or development does not occur. The City Attorney pointed out the variance would be limited in term until Shingle Creek Parkway was vacated. He explained a title opinion on the fee interest was needed, but the vacated property would most likely revert to the abutting property. The City Manager suggested Council consider a condition to require the vacated portion be attached to the property and irrigation and landscaping extended into that area. I In response to Council's questions, the Director of Planning and Inspection reviewed weight road restrictions and indicated the petitioner had indicated not many semitrucks would access this site. Councilmember Scott stated she was also concerned about truck access. Mike Mularoni, applicant, stated only small panel trucks were used for shipping. They had calculated the turning radius and then redesigned the layout to provide for an easier turning movement. Also, they were interested in the vacated portion of Shingle Creek Parkway, especially for signage purposes. Mr. Mularoni reviewed the proposed building plan and pointed out the would incorporate a future expansion into the footing foundation design. Y s rP xP g g In response to Councilmember Pedlar's question, Mr. Mularoni explained they had been in this business since 1958 but this would be their first company owned plant. He added they sell frozen food products and would also be handling dry goods. They also sell freezers and offer the frozen food at a reduced rate if a freezer was purchased. 3/23/92 -8- Mayor Paulson indicated there was a need in the northwest suburbs to provide food assistance to low income people. He felt there may be some potential to carry on the Brooklyn Center tradition with corporate citizenship and helping with donations to area food shelves. Mayor Paulson stated he was reluctant to make this a condition, but suggested it be addressed. Mr. Mularoni explained they do not currently have a company policy regarding contributions to food shelves, but would be willing to look into it. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 92006 at 7:57 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 7:57 p.m. The motion passed unanimously. In response to Mayor Paulson's question, the Director of Planning and Inspection indicated the formal application is signed by the applicant. If approved, the official minutes of the Council action with conditions for approval were the official record and forwarded to the applicant. Council consensus was reached that copies of the formal application need not be submitted separately to the Council as long as they were available for review at the meeting. With regard to the USDA room indicated on the building plan, Mr. Mularoni explained it was for the USDA inspector's use. Councilmember Rosene expressed concern that residents may be tempted to over - extend themselves financially by purchasing a freezer they don't really need to get the frozen food at a reduced rate. Mr. Mularoni responded clients do not have to purchase a freezer and could just purchase the food. They offer the food at a reduced cost if a freezer was purchased in order to off -set the cost somewhat. Mr. Mularoni emphasized they were in the food business. He added they provide a high quality product and service so their program was designed for middle to upper middle income people. Mr. Mularoni explained the cost difference was slight whether a freezer was purchased or not, but the length of time was longer. Mayor Paulson stated the City was always looking for innovative ways to address problems and asked the Council if they want to consider a condition requesting the petitioner to submit a policy on community or food shelf contributions. Councilmember Pedlar stated he understood the need but would be uncomfortable with placing a condition of this type. Councilmember Scott concurred and felt it would be inappropriate to attach a condition on a new business to require something that was not required of an existing business. Mayor Paulson stated he was also uncomfortable with making it a requirement but felt the option should be discussed. He added he was concerned that the business, after being in business since 1958, did not have an established contribution policy in place. 3/23/92 -9- i There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve Planning Commission Application No. 92005 submitted by Mularoni and Associates/Tomorrow Foods for site and building plan approval subject to the following conditions: 1. 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) 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 form view. 5. The building was 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval was exclusive of all signery which was subject to Chapter 34 of the City Ordinances and was subject to City Council resolutions regarding signery for industrial buildings along 69th Avenue North. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as- built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. 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. 11. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12. Approval of site and building plans was subject to approval of variance application No. 92006. 13. The owner of the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U.S. Department of Agriculture prior to issuance of the certificate of occupancy. 14. The outside storage of trailers, equipment or products was strictly prohibited. 15. There shall be no retail sales of products on the use site. The motion passed unanimously. There was a brief discussion regarding the variance proposal. The City Manager pointed out the petitioner had expressed interest in obtaining and expanding into the vacated property. He suggested the Council may want to consider a condition requiring an extension of the landscaping and sprinkling system into this vacated portion. 3/23/92 -10- There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 92006 submitted by Mularoni and Associates/Tomorrow Foods for a temporary variance from Section 35 -413 of the Zoning Ordinance to allow a buffer strip of less than 50 feet across Shingle Creek Parkway from R- 3 zoned property conditioned on submission of a performance bond to guarantee the extension of landscaping and the sprinkler system into the vacated portion of property. Mr. Mularoni stated he had no objection to extending landscaping and the sprinkling system but was opposed to having to provide a bond since they do not have control of the Shingle Creek Parkway road project. He added the property in question was the "front door" to their property and they would want to assure it appears well kept. Councilmember Cohen offered an amendment to his original motion and Councilmember Scott (who seconded the original motion) agreed to the amendment to approve Planning Commission Application No. 92006 subject to the following findings and conditions: 1. The circumstance of unstable soil on a portion of the site and the relationship of the parcel to public streets makes orientation of the building toward the western portion of the site the most rational location for the building. Imposing the required 50' buffer from the existing right -of -way line will unnecessarily burden the development of the property and constitutes a hardship. 2. The circumstance of impending right -of -way vacation is relatively unique. Similarly situated properties have, in the past, been granted variances from the literal provisions of the Zoning Ordinance. 3. The soil conditions and the future right -of -way vacation work to create a hardship in the development of this property and these circumstances have not been created by anyone presently or formerly having an interest in the parcel of land. 4. The granting of the variance will not be detrimental to other property or improvements in the neighborhood because the property will be in compliance once the realignment of Shingle Creek Parkway has been completed. 5. Variance approval is granted on an interim basis until the realignment of Shingle Creek Parkway is completed. Once the realignment is completed, the property shall comply with the requirement for a 50' buffer strip across from R -1 and R -3 property. No further variance is granted or implied. 6. Tomorrow Foods shall enter into an agreement with the City to acquire and to extend landscaping and the underground irrigation system into the vacated Shingle Creek Parkway right -of -way area. The amended motion passed unanimously. Mayor Paulson extended the Council's welcome to Mr. Mularoni. 3/23/92 r ORDINANCES AN ORDINANCE AMENDING SECTION 2.05 OF THE BROOKLYN CENTER CITY CHARTER REGARDING COUNCIL VACANCIES The City Manager presented An Ordinance Amending Section 2.05 of the Brooklyn Center City Charter Regarding Council Vacancies which was offered for first reading. He noted this amendment was recommended by the Charter Commission. Mayor Paulson stated he attended several Charter Commission meetings where the issue of filling Council vacancies received a lot of attention. Also, Charter Commission members met individually with Councilmembers to gain their input. Mayor Paulson stated he felt the proposed ordinance addresses the issues and moves in the right direction by shortening the term for appointed positions. He added he would prefer an even shorter term. Councilmember Rosene complimented the Charter Commission for their work in addressing concerns. He then suggested several minor wording changes to clarify the intent of the ordinance. Councilmember Cohen stated he had indicated to the Charter Commission that he would oppose the proposed Ordinance. He pointed out that the election schedule was first changed on the basis that holding elections every year was a waste of money and resulted in a low voter turnout; however, the ordinance contains no statement regarding the cost of special elections. Due to the high cost of holding special elections, Councilmember Cohen suggested this matter be referred to the Financial Task Force for their recommendation. The City Manager estimated the cost for a special election could be from $5,000 to $8,000 depending on staffing needs. Councilmember Cohen stated he opposed the proposed ordinance and felt it should be voted on by the residents of Brooklyn Center. Councilmember Pedlar, liaison to the Financial Task Force, felt it would be difficult and inappropriate to . burden them with this type of consideration. Councilmember Cohen withdrew the suggestion. Councilmember Pedlar pointed out the ordinance was only addressing appointment of a councilmember in an off year election, which would probably not happen very often. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve first reading of An Ordinance Amending Section 2.05 of the Brooklyn Center City Charter Regarding Council Vacancies. With regard to the last paragraph of Section 1, Mayor Paulson stated he does not feel "special consideration" should be given to former councilmembers beyond an examination of their qualifications. Councilmember Rosene pointed out this only applies when the membership of the Council was fewer than three members. In that case, the Council may want to consider someone who was familiar with all aspects of City government. Councilmember Rosene indicated he shared Councilmember Cohen's concern regarding the 3/23/92 -12- high cost to hold a special election and small voter turnout. Councilmember Scott concurred. The City Attorney reviewed this section of the ordinance as well as Section 3.01. Ron Christensen, Charter Commission, explained they wanted to limit the appointment time to one year and agreed there may be some areas that require clarification. He reported the Charter Commission was concerned about whether the voters should make this decision or not but members spoke with Councilmembers and felt they agreed with the proposed amendment. Mr. Christensen stated he was aware that Councilmember Cohen did object and wanted it to go to the voters. Councilmember Pedlar suggested the matter be tabled so the ordinance could be referred to the Charter Commission for further clarification. Mr. Christensen agreed this would be appropriate and suggested the Council submit comments so they have a full understanding of where the Council stands. Councilmember Pedlar withdrew his motion and Councilmember Scott agreed to withdraw the second to the motion. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to table consideration of this item and refer it to the Charter Commission for clarification and to make recommendations on concerns addressed tonight. The City Manager estimated there was 13,000 to 15,000 registered voters and the last election had an 86% voter turnout. Councilmember Cohen stated this would be around 10,000 voters. He indicated he would submit a memorandum to the Charter Commission outlining his position. Councilmember Cohen stated he felt work of the Charter Commission was very important. He added an overwhelming majority of voters indicated they wanted to eliminate each year elections, and he felt that also included special elections. The City Attorney indicated he would research and provide Council with information on the procedure for referring the matter to the electorate. The motion to table passed unanimously. Councilmember Rosene stated he appreciated the time spent by the Charter Commission and their extra effort in talking to each of the Councilmembers. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN CENTAUR ADDITION The City Manager presented An Ordinance Vacating Drainage and Utility Easement in Centaur Addition. This ordinance was first read on February 24, 1992, published in the City's official newspaper on March 4, 1992, and was offered tonight for second reading. 3/23/92 -13- I Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Vacating Drainage and Utility Easement in Centaur Addition at 8:45 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8:45 p.m. The motion passed unanimously. ORDINANCE NO. 92 -06 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN CENTAUR ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:45 p.m. and reconvened at 8:55 p.m. PUBLIC HEARINGS YEAR XVIII 1992 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City Manager indicated the City's allocation for Year XVIII (1992) Urban Hennepin County Community Development Block Grant Program was $217,491, which was somewhat lower than the initial estimated allocation. Tom Bublitz, Assistant EDA Coordinator, presented the Brooklyn Center Community Development Block Grant Citizens Participation Committee recommendation by providing a brief explanation of each program being considered. Mayor Paulson requested a list of Committee members for himself and the Councilmembers. In response to Councilmember Scott's question, Mr. Bublitz explained the Neighborhood Public Service Project would provide minor home maintenance and repair services to elderly or disabled persons and would be restricted to repair items and not include homemaking services or seasonal work services. He added Brooklyn Center would be the first community in the northern suburbs to take advantage of this program, if approved. Councilmember Scott expressed support of this program as a way of assisting the elderly in being able to better maintain their homes. Mayor Paulson opened the meeting for the purpose of a public hearing on Year XVIII Urban Hennepin County Community Development Block Grant Program at 9:07 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. 3/23/92 -14- I There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to close the public hearing at 9:07 p.m. The motion passed unanimously. RESOLUTION NO. 92 -58 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene the motion passed unanimously. AMENDMENT OF YEAR XVII STATEMENT OF PROJECTED USE OF FUNDS FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City Manager indicated the proposed resolution would authorize the reallocation of $25,000 for the Brooklyn Boulevard Redevelopment Study from the City's Community Development Block Grant Home Rehabilitation Grant Program for Year XVII. Mayor Paulson opened the meeting for the purpose of a public hearing on the amendment to Year XVII Statement of Projected Use of Funds for Urban Hennepin County Community Development Block Grant Program at 9:09 p.m. He inquired if there was anyone resent q Y P who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 9:09 p.m. The motion passed unanimously. Mayor Paulson indicated he hoped this proposal would provide the opportunity to look at the entire community. RESOLUTION NO. 92 -59 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE URBAN HENNEPIN COUNTY STATEMENT OF PROJECTED USE OF FUNDS FOR YEAR XVIII BY REALLOCATING $25,000 FROM THE REHABILITATION OF PRIVATE PROPERTY (PROJECT 52001) TO A NEW ACTIVITY, BROOKLYN BOULEVARD REDEVELOPMENT STUDY (PROJECT 52095) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. 3/23/92 -15- i DISCUSSION ITEMS ADMINISTRATIVE TRAFFIC COMMITTEE REPORT RE: TRAFFIC CONTROL ON 59TH AND 60TH AVENUES NORTH BETWEEN BROOKLYN BOULEVARD AND XERXES AVENUE The Director of Public Works reported the Administrative Traffic Committee (ATC) met with Tom Slupske regarding the installation of four -way stop signs at every intersection on 59th and 60 Avenues between Brooklyn Boulevard and Xerxes Avenue North as a means to reduce cut - through traffic. Staff also met with Mr. Slupske to research alternatives that would be acceptable to all parries. As a result of these meetings, the ATC recommended, for a one year trial basis, the installation of four -way stop signs at Beard and at Zenith on both 59th and 60th Avenues. They also recommend the installation of two -way stop signs at the other north/south streets to improve overall traffic safety. If the situation had not improved at the end of the one year trial period, staff would evaluate traffic barrier options. Also, the ATC was willing to consider the installation of a sidewalk on the north side of 59th Avenue. Councilmember Cohen brought up the issue of diverting traffic to other streets to the north. The Director of Public Works agreed this was a concern and was discussed previously when barriers were being considered. He added a detailed review of the conditions for each of these intersections indicated none of them meet MNDOT warrants for installation of stop signs. Councilmember Cohen questioned the City's liability with installing stop signs that do not meet State warrants. Councilmember Pedlar commended the residents and staff for working out this situation. He pointed out these streets are located in an internal neighborhood that should not be encumbered by high traffic volumes moving at excessive speeds. He indicated support of the recommendation and felt it would be a "step forward" for this neighborhood. Tom Slupske, 5918 Abbott Avenue North, stated the purpose was to reduce traffic levels and speeds. Councilmember Scott pointed out this neighborhood had a large number of children and she encouraged parents to impress on them that all cars may not stop at the stop signs, especially when the signs were first installed. Councilmember Rosene pointed out the Council had received similar complaints from residents in other areas of Brooklyn Center regarding cut - through traffic and high speeds, such as the area of 72nd and France Avenues. He expressed concern about a proliferation of stop signs throughout the City and indicated support of developing a plan which designated high, medium and low volume roads. Councilmember Rosene stated he would support looking at sidewalks in this area and questioned the assessment. The City Manager responded that traditionally, the City only installs sidewalks on thoroughfares or major routes to schools or shopping centers. In those cases, the City pays for the cost of sidewalk installation and winter plowing. I 3/23/92 -16- Councilmember Cohen questioned speeds in excess of 60 miles per hour as mentioned by Mr. Slupske. Mr. Slupske indicated this was hearsay, and not shown on a Police Department radar study. Councilmember Cohen shared Councilmember Rosene's concern with possible proliferation of stop signs which may not actually address the concern, especially if they don't meet traffic warrants. Mr. Slupske explained residents feel this compromise position would decrease traffic and increase safety. Mayor Paulson supported the installation of stop signs as a way of increasing traffic safety and home safety as well since he felt it may reduce crime by restricting access into a community. He felt the ATC recommendation was a good first step and results could be studied to determine effectiveness. Councilmember Rosene complimented staff and residents for being able to reach this compromise. RESOLUTION NO. 92 -60 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING TRAFFIC CONTROL ON 59TH AND 60TH AVENUES NORTH BETWEEN BROOKLYN BOULEVARD AND XERXES AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene the motion passed unanimously. STATUS REPORT REGARDING 69TH AVENUE IMPROVEMENT PROJECT NO. 1990 -10 The Director of Public Works explained a partial failure had occurred in the surcharge area through Palmer Lake. He then reviewed the recommended alternates submitted by the City's consultants, SEH, Inc. and STS. They recommend the installation of a "wick drain" system into the subgrade which would hasten the drainage process and achieve stability to allow the completion of the roadway in 1993. Staff reviewed the alternates presented and concur with the consultant's recommendation to install a wick drain system. The estimated cost was $190,000 making the total contract approximately $774,597, which was still well below the June 24, 1991, estimate. Councilmember Pedlar questioned the future integrity of this road in ten to fifteen years if the recommendation was followed. The Director of Public Works indicated records have shown the road would stay in good condition once it was stabilized. Richard Moore, SEH, explained the process used to install a wick drain system as well as using sand /stone columns. The Director of Public Works indicated staff does not feel the construction of a bridge was a financially feasible option. The City Manager added if this section of roadway were to fail, it could be repaired and eventually when it stabilizes the permanent section of roadway with curb and gutter could be completed. 3/23/92 -17- In response to Councilmember Pedlar's question, Mr. Moore explained that while they were unable to guarantee this system they were very optimistic. The Director of Public Works reviewed MSA standards as well as the existing and future roadway alignment. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to authorize SEH to proceed with acquisition of required permit extensions; develop final plans and specifications for installation of a wick drain system; conduct negotiations with Ames Construction for a change order to contract No. 1991 -I to provide for installation of a wick drain system; request MNDOT approval of such change order and use of Municipal State Aid funds to cover such costs; and to present such change order, along with an amendment to the City's professional services agreement with SEH covering the additional engineering costs, for Council consideration. The motion passed unanimously. RECOMMENDATION FOR PARK & RECREATION COMMISSION IMPLEMENTATION OF AN ADOPT -A -PAR /TRAIL/STREET PROGRAM The Director of Public Works reviewed the proposed adopt- a- park/trail /street program designed to solicit volunteer efforts from community groups to help maintain these areas. He explained it was modeled after other successful programs conducted by MNDOT and other cities, and was being recommended for adoption by the Park and Recreation Commission. Councilmember Scott stated she supported this type of program as a way to instill community pride. She encouraged residents to note license plate numbers of anyone they see dumping trash on City property. Councilmember Rosene concurred and pointed out that twelve years of age was the limit for the MNDOT Adopt -A- Highway program so he felt the City's program would fill the need for younger participants. Mayor Paulson agreed and reviewed the MTC program. Councilmember Cohen questioned the administrative cost for this program. The Director of Public Works indicated staff does not feel it would be significant and would be absorbed into existing staffing. With regard to insurance liability, the City Manager explained the City's insurance would extend to the volunteer if it was formally adopted as a City Program. Councilmember Cohen suggested staff draft a resolution to include these matters as well as a method for assuring performance. Councilmember Rosene expressed support of the program. Due to budget constraints, he suggested staff contact community service groups or businesses to see if they would be interested in helping fund a special recognition night for those involved in this program. Councilmember Cohen stated he would not support directing staff to approach businesses for contributions. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to support the recommended Adopt- A- Park/Trail /Street Program and direct staff to draft a detailed policy for Council's consideration. The motion passed unanimously. 3/23/92 I ASSESSING DEPARTMENT STAFFING REQUESTS The City Manager explained the Assessment Technician resigned recently. A reorganization of staffing was being considered in response to the Financial and Service Prioritization process. Conducting this reorganization now would avoid downgrading an employee and result in minimal disruption. Mayor Paulson asked if the Financial Task Force should make a recommendation. Councilmember Pedlar indicated it was probably not necessary. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to replace one Assessment Technician position with one Assessing Secretary Position and to adopt the revised position description for the remaining Assessment Technician to reflect new responsibilities and requirements. The motion passed unanimously. RESOLUTION NO. 92 -61 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1992 PAY PLAN AND 1992 GENERAL BUDGET TO IMPLEMENT CHANGES IN THE ORGANIZATION OF THE ASSESSING DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott the motion passed unanimously. LEGISLATIVE UPDATE The City Manager reviewed LGA cuts being proposed by the Legislature and the affect this would have on the City's budget. Councilmember Cohen provided a brief update on Legislative action and recommended the Council not take a position until the Legislature had made a final decision. Councilmember Pedlar indicated he hoped there would be a way to identify funding other than staff cuts which he felt causes an erosion in morale. He suggested staff be informed about the possibility that the Legislature may be reconsidering large cuts to provide a glimmer of hope". The City Manager assured the Council this was being done through the employee newsletter but it was difficult to indicate specifics when it was unknown what level of service may be affected. The Council briefly discussed the need to streamline the budget, "do more with less ", and budget impact if the Legislature lifts the levy limitation. Councilmember Cohen suggested the Financial Task Force look at other sources of revenue including franchise fees. 3/23/92 -19- REVIEW OF CIVIC CENTER EXPANSION NEEDS In consideration of the late hour, Councilmember Cohen suggested this item be tabled to an upcoming agenda or to a special meeting so it could be adequately discussed. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to defer discussion of Civic Center expansion needs to a special meeting to be scheduled by staff. The motion passed unanimously. COMMUNICATIONS COORDINATOR POSITION - MAYOR'S PROPOSAL AND TABLED DISCUSSION ITEM FROM MARCH 9 1992 MEETING This item was tabled upon adoption of the agenda. RECOMMENDATION FROM HUMAN RIGHTS AND RESOURCES COMMISSION TO APPROVE THE REVISED APPLICATION AND EVALUATION FORMS FOR NONPROFIT HUMAN SERVICE PROGRAMS AGENCIES' CONTRIBUTION REQUESTS The Personnel Coordinator reviewed the proposed amendments and updates to the application and evaluation forms being recommended by the Human Rights and Resources Commission. These forms were used to review financial requests from nonprofit human service programs and agencies. Mayor Paulson commended the Human Rights and Resources Commission for this ground breaking work that would probably be duplicated by the Park and Recreation Commission and other areas as well. Councilmember Rosene concurred. The City Attorney pointed out the Council does not have the legal authority to make "contributions" and recommended the language be somewhat modified. The City Manager suggested the term "request for payment" be used to eliminate confusion. Council consensus was reached to revise the wording as recommended. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the revised application and evaluation forms for nonprofit human service programs /agencies' contribution requests. The motion passed unanimously. RESOLUTIONS (CONTINUED) AMENDING THE 1992 GENERAL FUND BUDGET FOR EXPENSES RELATED TO RECRUITMENT OF A POLICE CHIEF The City Manager indicated Police Chief Jim Lindsay had submitted a letter of retirement effective September 12, 1992. Staff recommended the Council consider initiation of the recruitment process for a new police chief with the aid of a professional consultant with expertise in this area. The City Manager suggested equal consideration be given to all applicants, both inside and outside of the organization. i 3/23/92 -20- In response to Council's questions, the Personnel Coordinator indicated several other communities were currently seeking a Police Chief; however, those communities were already well into the process and probably have a different qualification profile in mind. Because of this, she did not feel a combined effort would be beneficial to Brooklyn Center. Also, the Data Practices Act would limit the City somewhat in joining with another community in the process. Councilmember Cohen questioned the open meeting law and the need to include it. The Personnel Coordinator agreed it should be incorporated into recruitment step 23. RESOLUTION NO. 92 -62 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1992 GENERAL FUND BUDGET FOR EXPENSES RELATED TO RECRUITMENT OF A POLICE CHIEF The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. Mayor Paulson stated that he would support amending the budget to start the process, but would like to have the Council involved throughout the process including being part of the screening of applicants. He also felt it was important to include citizen input. The Personnel Coordinator indicated the professional interview panel would include members from the community. She added the interviews would be videotaped and made available for the Council to review. The City Manager pointed out the process being suggested was in conjunction with the City's Charter with the City Manager making the selection which would be subject to approval by the Council. Mayor Paulson expressed concern that the Council be involved early in the process to assure the City Manager was looking for the type of police chief that the Council wanted. Councilmember Cohen suggested the consultant meet with Councilmembers individually to get input on what the Council is looking for. The Personnel Coordinator indicated the consultant would help staff develop the position profile, which could include talking with Councilmembers. Councilmember Cohen expressed support for this suggestion since it would not be a high cost item. Mayor Paulson stated he would like to provide input in development of the questionnaire to assure questions asked during the interview reflect the Council's input with the profile. The Personnel Coordinator responded that questionnaire input could be provided to the consultant when they met with Councilmembers. The City Manager stated the final questions to be used must be kept secret so as to not invalidate the process. 3/23/92 -21- There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to move forward with the recruitment process for a new police chief including the open meeting law into recruitment step 23, obtaining Council input in profile development, and including Council input in development of interview questions. Mayor Paulson stated he felt there was a need for more Council and resident input into the process. Vote: four ayes, one nay. The motion passed. Mayor Paulson voted nay. REGARDING MULTI - JURISDICTIONAL HOUSING AND HUMAN SERVICE COOPERATIVE The City Manager indicated the cities of Brooklyn Center, Brooklyn Park, Crystal, New Hope and Robbinsdale have cooperated over the past year to address a number of issues and to develop projects relative to housing and related issues. The proposed resolution would formalize this spirit of cooperation. The City Manager added a joint powers agreement or some other mechanism may be needed in the future. Councilmember Cohen indicated the Metropolitan Council had established a staff person to work on this process and if successful, he felt it could be used as a model. RESOLUTION NO. 92 -63 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION REGARDING MULTI - JURISDICTIONAL HOUSING AND HUMAN SERVICE COOPERATIVE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene the motion passed unanimously. OPEN FORUM (CONTINUED) Don Poss, 3212 65th Avenue N., complimented the Council on the Council Chamber's new lighting system to facilitate cablecasting meetings. He indicated he had been a resident of Brooklyn Center, by choice, for 32 years for several reasons including prompt public services, clean water system, park and trail system, safety, etc. He reviewed the process used when the City's Charter was developed in 1966 and indicated he felt the Council was always served by compassionate people who worked in a cooperative effort for the betterment of the City. Mr. Poss stated he was concerned about the tone of the Mayor's State of the City address which indicated the citizens had been "living under a form of dictatorship of bureaucracy government and the City should move away from concrete steel glass towers ". Mr. Poss stated he felt the City's industrial park had developed very well as it was planned to do in the 1960s and executed in the 1970s. He also felt the City's major shopping center did not detract from the community. With regard to the City's form of government, Mr. Poss stated the City's Charter was clear on who appoints the police chief. Mr. Poss reviewed past 3/23/92 -22- Mayors who had served the City in a competent compassionate manner and not as "career politicians" as was becoming the trend in government today. Mr. Poss stated he felt there had been a major shift in the past fifteen months under Mayor Paulson, and he objected to the Mayor's calling for a return to a township form of government. He felt the Mayor was unable to relate to the history of Brooklyn Center and that the City Charter had been established as the form of government that residents desire. Mr. Poss stated residents expect stewardship from elected representatives and do not want to participate in "revolution" if change was only being made for change sake. He suggested the Council build on the past, not condemn it. Mayor Paulson stated he has always respected Mr. Poss' opinion and welcomed comments and opinions regarding his State of the City address as a way to start discussion and receive input. He encouraged people to also read articles that accompanied his address which documents changes happening around the country. Mayor Paulson stated he does not feel his comments should have come as a surprise because they reflect the same position he has taken with his work on the Council. He added he was not proposing change for the sake of change, but sees a lot of potential and also has a lot of respect for his predecessors. Mayor Paulson suggested a workshop be scheduled to discuss the direction the community was taking and how to make it an even better place to live in the future. Councilmember Cohen stated he was concerned the Council was not part of the process in the State of the City address. He pointed out that the Mayor had indicated he would provide members with a draft of the speech so they could provide input, but this was not provided. He felt this would have provided an excellent opportunity to bring others into the process. Councilmember Cohen agreed with Mr. Poss that the Mayor's State of the City speech had a misdirected, mean spirited tone. He stated he did not want to discuss the matter at a worksession but wanted to take public exception to some of the Mayor's comments made since it does not serve the community to say the City was moving in the wrong direction. Mayor Paulson indicated being Mayor was not his full -time job, and he did not have time to prepare a speech, distribute it and then incorporate everyone's comments. He added he had tried several times to contact Councilmember Cohen but was unable to. Mayor Paulson stated he felt the issues he brought up had merit and should be considered. He encouraged r to contact him and provide input regarding the address. Councilmember Rosene supported the idea of having a philosophical debate at a Council retreat. Mayor Paulson asked members to inform him if they want to pursue this option. 3/23/92 -23- ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:41 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Services 3/23/92 -24-