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HomeMy WebLinkAbout1992 05-11 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 MAY 11, 1992 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson aulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also resent p 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, and Council Secretary Carla Wirth. OPENING CEREMONIES The invocation was observed with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received two requests to use the open forum session this evening. Dean Nyquist, 5701 June Avenue, explained he had wanted to discuss volunteerism during Volunteer Week, but requested it be delayed since the Council meeting was not held in the Council Chambers. He stated Brooklyn Center has a rich resource of volunteers, and he is proud to be a resident of Brooklyn Center. Mr. Nyquist expressed concern with the Mayor's recent State of the City address which he felt was actually a great disservice to residents and did not reflect the unanimous opinion of the Council. He reviewed the many service organizations and volunteers who dedicate their time to Brooklyn Center including the Mayor's wife who is involved with Peacemakers. Mr. Nyquist explained volunteers approach him daily indicating they were offended by the Mayor's speech, and he felt they should receive an apology. He stated he wanted to salute the City's volunteers for the valuable contribution they make to the community. Mayor Paulson urged Mr. Nyquist to review his speech since it addresses the need for empowerment, how to get more residents involved, and the need to decentralize decision making. Mayor Paulson indicated he did not intend to offend any member of the community and has talked with several residents who expressed the same concerns addressed 5/11/92 _ 1 _ in his speech. He suggested the issues be determined and addressed to make Brooklyn Center a better community. He felt these were the true patriots, those who look for what is in the best interest of the community. Mayor Paulson stated he continually receives encouragement from letters and support from residents. He pointed out it is difficult to argue against the things addressed in his State of the City speech so criticism has become personal. Mayor Paulson stated he will continue to step forward to seek ways for the Council to address issues and move forward rather than isolate and discredit those who speak up about their feelings. Dorothy Loomis, 3813 -61st Avenue, stated she has lived at this address since 1955 and feels the traffic from Brooklyn Boulevard to June Avenue is traveling too fast. She expressed concern for the safety of neighborhood children and requested a stop sign be considered at 61st and France Avenues, and also at Halifax and 61st Avenues. Ms. Loomis also expressed concern with the number of times, and method, the City is using in mowing Kyle Park and the playground. She reported the playground was mowed two times last week. The City Manager indicated he will research these items for the Council's consideration at the May 26, 1992, meeting. Mayor Paulson inquired if there was anyone else present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Councilmember Pedlar reported he attended the Tri City Airport Commission meeting where discussion took lace relating to the operation of the helicopter school at the airport P o g P P P f as well as noise concerns expressed b several communities. i seve a Also d discussion about revoking xP Y � g the pilot training program was held. The conclusion reached was to allow the program to continue through the summer months with a re- evaluation in the fall. Councilmember Pedlar indicated he was unaware of any helicopter noise complaints from Brooklyn Center residents. Councilmember Pedlar also reported the first Annual Crystal Airport Open House will be held on June 7, 1992, from 7 a.m. to 7 p.m. He reviewed the activities that will be taking place and encouraged all, including families, to attend. Councilmember Rosene stated he had the opportunity to attend the Mother's Day Brunch at the Earle Brown Heritage Center and was very impressed. Mayor Paulson concurred and added he was impressed with the food, service, and facility. 5/11/92 -2- APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Couneilmembers requested any items be removed from the consent agenda. Councilmember Cohen requested items 7b and 8a be removed from the consent agenda and considered as item 12e, and item 9c be added, "Consider Resolutions of Appreciation for Senators and Legislators. APPROVAL OF MINUTES APRIL 20, 1992 - BOARD OF EQUALIZATION There was a motion by Councilmember Pedlar and seconded by Councilmember Celia Scott to approve the minutes of April 20, 1992, board of equalization as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -100 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR COMPLETION OF WATER DISTRIBUTION SYSTEM, IMPROVEMENT PROJECT NO. 1990-03A AND REPLACEMENT OF ENTRANCE DRIVE TO LIFT STATION NO. 1, IMPROVEMENT PROJECT NO. 1992 -11, CONTRACT 1992 -H The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RESOLUTION NO. 92 -101 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BROOKDALE SANITARY SEWER REPLACEMENT, IMPROVEMENT PROJECT NO. 1992 -04, CONTRACT 1992 -C. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RESOLUTION NO. 92 -102 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR 69TH AVENUE SOIL CORRECTIONS PHASE I, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1991 -I. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. 5/11/92 -3- RESOLUTION NO. 92 -103 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENT TO AGREEMENT WITH SEH, INC. TO PROVIDE ADDITIONAL SERVICES RELATING TO 69TH AVENUE SOIL CORRECTIONS, IMPROVEMENT PROJECT NO. 1990 -10. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RESOLUTION NO. 92 -104 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING PURCHASE OF ONE (1) GREEN MOWER FOR THE GOLF COURSE. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RESOLUTION NO. 92 -105 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND APPROVING PURCHASE OF VEHICLE RETARDER FOR ENGINE 6. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RESOLUTION NO. 92 -106 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DALE ACKMANN, HENNEPIN COUNTY ADMINISTRATOR. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RESOLUTION NO. 92 -107 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF EQUIPMENT AND AUTHORIZING THE TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. 5/11/92 -4- i LICENSES There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Brooklyn enter Community Center 6301 Shingle Creek Parkway Yn tY g Y MECHANICAL SYSTEMS Aer, Inc. Box 1146 Air Conditioning Assoc., Inc. 689 Pierce Butler Route Brooklyn Air Heating & A/C 5801 Lyndale Avenue North C.O. Carlson Air Cond. Co. 1203 Bryant Avenue North Construction Mechanical Services, Inc. 1307 Sylvan Street LSV Metals, Inc. 6800 Shingle Creek Parkway McQuillan Brothers Plumbing & Htg. Co. 452 Selby Avenue Rapid Heating & A/C 5514 34th Avenue North Realistic Heating & Cooling, Inc. 9077 Van Buren Street NE Sharp Heating & A/C, Inc. 4854 Central Avenue NE MOTOR VEHICLE DEALERSHIP Bob Ryan Oldsmobile 6700 Brooklyn Boulevard RENTAL DWELLINGS Renewal: Randy McGovern 5830 Admiral Lane Duane Orn MD 5407 Brooklyn Boulevard Maurice & Barbara Moriarty 2825 67th Lane North Diane & Eugene Wright 4408 69th Avenue North SIGN HANGER Nordquist Sign Company, Inc. 312 West Lake Street SWIMMING POOL Brooklyn Center Community Center 6301 Shingle Creek Parkway TAXICAB Blue and White Taxi, #525 7720 36th Avenue North The motion passed unanimously. PRESENTATIONS - SENATOR BILL LUTHER AND REPRESENTATIVE PHIL CARRUTHERS Mayor Paulson indicated the Council wants to give credit to their representatives who assisted Brooklyn Center this Legislative session. 5/11/92 -5- Representative Carruthers presented a brief overview of activity that took place during the 1992 Legislative Session. He emphasized the positive results created by elimination of bipartisan bickering to address the State's current problems. Representative Carruthers welcomed the Council's input on areas he can work with. Mayor Paulson and the Council extended their appreciation to Representative Carruthers. Mike Rothman, Administrative Aid to Senator Luther, reported the Senator is recovering from the serious burn he sustained. He then reviewed highlights of bills acted on and explained Minnesota is leading the country with health care insurance coverage to those without insurance, small companies, farmers, etc. He felt this program would be extended in the future. Mayor Paulson and the Council thanked Mr. Rothman and asked him to extend their appreciation to Senator Luther. CONSIDER RESOLUTIONS OF APPRECIATION FOR SENATORS AND LEGISLATORS Councilmember Cohen commented he has found both Representative Carruthers and Senator Luther always willing to make themselves accessible and willing to work on legislation benefitting Brooklyn Center. He added they were also instrumental in blocking the Metropolitan Council's redistricting action which would have been devastating to Brooklyn Center. Councilmember Cohen reviewed several more bills they were involved with and commented they are doing a very good job of representing Brooklyn Center. Councilmember Cohen then presented staff with a list of legislators who were instrumental in providing support for legislation that benefitted Brooklyn Center and suggested resolutions of commendation be provided for these individuals. There was a motion by y ember Rosene and seconded by Councilmember Pedlar to direct staff to prepare resolutions of appreciation for senators and legislators as recommended by Councilmember Cohen. The motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 92007 SUBMITTED BY BUDGETEL The City Manager introduced Planning Commission Application No. 92007 which is a request for approval of a variance from Section 35 -400 of the Zoning Ordinance to allow a storage accessory building 3' from the right -of -way of Shingle Creek Parkway. This application was recommended for approval by the Planning Commission at its meeting on April 16, 1992. The application was scheduled for consideration at the City Council's April 27, 1992, meeting and tabled at the applicant's request until the May 11, 1992, meeting. 5/11/92 -6- I The Director of Planning and Inspection presented the staff report by reviewing the location, entrances and exit points to the hotel property, neighboring property and proposed location for the storage building within the green space. He explained the Ordinance requires a 25 foot setback, however, the storage shed would be constructed of materials complimentary to the hotel and will be less visible in the proposed location. The Planning Commission unanimously recommends approval subject to five conditions. Councilmember Rosene indicated support of the request since the storage shed will be tucked into the hillside and less visible than if setbacks are met. Ken Garvin, district representative for Budgetel, indicated he had nothing to add to staff's presentation. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission application No. 92007 at 8:46 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 8:46 p.m. The motion passed unanimously. Councilmember Scott stated she felt this request represents a unique situation, and she could not think of another place in Brooklyn Center with a similar layout. She concurred with Councilmember Rosene this request meets the criteria for a variance, and is a more desirable location than with the required setbacks. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission application No. 92007, Budgetel, 6415 James Circle, for a variance to construct a 12'x20' storage building three feet from Shingle Creek right -of -way subject to the following findings and conditions: 1. The extra right -of -way adjacent to the Budgetel site and the slope within the right -of- way (of Shingle Creek Parkway) obviate the need for the proposed storage shed to meet setback requirements. The proposed building location actually reduces its impact on the visual corridor of Shingle Creek Parkway. To require compliance with the required setback would, therefore, constitute an unnecessary hardship in this case. 2. The circumstance of the steep slope within the right -of -way adjacent to the Budgetel site is fairly unique. Similar situations may be entitled to similar treatment if it can be shown that the variance standards are met. 3. The circumstances of extra right -of -way containing a steep slope has been caused by the public agencies which have created the Shingle Creek Parkway interchange and has not been caused by anyone presently or formerly having an interest in the Budgetel site. 5/11/92 -7- 4. The proposed storage shed, in the location proposed by the applicant, will not have an adverse impact on other property or improvements in the neighborhood. 5. Exterior of the storage shed shall be consistent in material and appearance with the exterior treatment of the hotel building The motion passed unanimously. ORDINANCES AN ORDINANCE ESTABLISHING A FINAL PLAT FEE The City Manager presented An Ordinance Establishing a Final Plat Fee. He indicated this item was discussed at the April 27, 1992, Council meeting and is offered for a first reading tonight. Councilmember Scott pointed out in times of tight budgets like the City is facing today, it is a reality the City needs to increase and establish fees to cover costs applied to the City. She suggested the Council review this matter to make sure the application process is covering the City's costs. Mayor Paulson concurred and indicated he does not want to use tax dollars to subsidize applications. In response to Councilmember Cohen's question, the City Manager reported the Financial Task Force will be submitting their recommendations suggesting fees be reviewed on an annual basis rather than the current trend of every two to three years. With regard to assessment searches, the City does not charge for a verbal search, but has a fee for supplying a certified one in writing. It was noted fees use to be included in the ordinance, but due to expenses involved for changing them, they are now established by resolution, eliminating the need to amend the ordinance. Graydon Boeck, 5601 Indiana Avenue North, questioned fee payment. The City Manager explained the applicant pays the fee. In the event the City is the applicant, the fee can either be paid or waived, depending on the purpose. In response to Mr. Boeck's question regarding vacations, the City Manager pointed out it will be discussed under the next agenda item. Councilmember Rosene concurred with the need for the City to recoup their costs. He encouraged staff to itemize costs involved so applicants are aware of what they are being charged for. It was noted establishing new fees requires Council authorization. Existing fees will be reviewed by the Financial Task Force as part of their prioritization process with recommendations submitted for the 1993 budget. 5/11/92 8 - i Councilmember Cohen suggested the Financial Task Force also evaluate permits the City issues where the fees are forwarded to State agencies. The City Manager agreed and added the City's auditor will also be making recommendations along those lines. There was a motion by Cohen and seconded by Rosene to approve first reading of An Ordinance Establishing a Final Plat Fee and setting a public hearing date of June 8, 1992, at 7:15 p.m. The motion passed unanimously. Mayor Paulson thanked staff and complimented them on addressing this issue in an entrepreneurial manner to cover costs for services provided. AN ORDINANCE ESTABLISHING A FEE FOR VACATING A STREET, ALLEY OR EASEMENT The City Manager presented An Ordinance Establishing a Fee For Vacating a Street, Alley, or Easement which was offered for first reading. He suggested the Council address the issue of fee payment in situations where the sewer utility initiates a vacation. Easement vacation requests have also been received from the school district or other governmental bodies. In those cases, sometimes the Council charges the fees and other times waives them. The City Manager reviewed the fee survey results of other municipalities, which was compiled from material provided by the Association of Municipalities. There was a motion by Cohen and seconded by Rosene to approve first reading of An Ordinance Establishing a Fee for Vacating a Street, Alley, or Easement, and setting a public hearing date of June 8, 1992, at 7:15 p.m. The motion passed unanimously. DISCUSSION ITEMS ADMINISTRATIVE TRAFFIC COMMITTEE REPORT REGARDING PETITIONS FOR SIDEWALK ON 59TH AVENUE NORTH BROOKLYN BOULEVARD TO XERXES AVENUE NORTH The City Manager indicated the Council approved installation of various two and four -way stop signs along 59th and 60th Avenues North, Brooklyn Boulevard to Xerxes Avenue North. Staff was also directed to send individual petitions to property owners on the north side of 59th Avenue to determine interest in installation of a sidewalk. The Director of Public Works reported nine property owners on the north side were sent individual petitions, and eight of the nine property owners have responded to the petition - six voting against and two voting for the sidewalk. In response to Councilmember Rosene's question, the City Manager explained only residents on the north side were surveyed because it was determined this would be the best location since pedestrians would not have to cross 59th Avenue, which is a very busy street. The Director of Public Works indicated the survey did indicate the sidewalks would be installed, if approved, at no cost to the residents, and the City would be responsible for maintenance 5/11/92 -9- i and snow removal. Councilmember Rosene stated this request first came before the Council as a safety issue, and he hoped the survey response reflected the opinion of the entire neighborhood. Councilmember Pedlar pointed out stop signs were recently installed in this neighborhood, and he felt the Council needed to look at their effectiveness. He added there appears to be a level of satisfaction in the neighborhood with existing conditions, and he would support tabling this matter until the neighborhood indicates they are interested in a sidewalk. Since the proposed sidewalk would provide a connection between the existing sidewalk on Xerxes Avenue and Brooklyn Boulevard, Councilmember Cohen felt it made sense to consider it. The City Manager explained the Council's policy has been to place sidewalks in thoroughfare areas such as paths to school, etc., or as links to the existing system. He suggested the Council re- evaluate this neighborhood in one year after a report on stop sign effectiveness is completed. In response to Mr. Boeck's question, the City Manager and Councilmember Cohen reviewed the City's policy for payment of assessments. There was a motion b Councilmember Rosene and seconded b Councilmember r to Y seco Pedlar Y table consideration of sidewalks on 59th Avenue North, Brooklyn Boulevard to Xerxes Avenue North for one year until the stop signs can be reviewed for effectiveness. At that time the sidewalk issue will be reconsidered. The motion passed unanimously. With regard to holdin g a public hearing, Cohen suggested it be considered P g, gg if residents in the area indicate a desire for sidewalks. RECESS The Brooklyn Center City Council recessed at 8:12 p.m. and reconvened at 8:28 p.m. RECOMMENDATIONS FROM HUMAN RIGHTS AND RESOURCES COMMISSION The City Manager reported the Human Rights and Resources Commission recommends the Council consider becoming a member of the Minnesota League of Human Rights Commissions ( MLHRC). The Personnel Coordinator explained the MLHRC is comprised of human rights commissions from throughout the state and provides many resources including training and support with the no -fault grievance process. Currently, Brooklyn Center Human Rights and Resources Commissioner Julie Eoloff serves on the MLHRC Board and provides the City's Commission with updates on activities of the MLHRC. Councilmember Pedlar did not feel the $123 expenditure would be an issue for the Financial Task Force to prioritize. He pointed out MLHRC membership will benefit the City's HR &RC and the City as a whole. 5/11/92 _10- There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the City's membership of the Minnesota League of Human Rights Commissions and direct to determine a funding source for the $123 membership fee. The motion passed unanimously. SCHEDULE A JOINT MEETING OF THE CITY COUNCIL AND CITY ADVISORY COMMISSIONS The Personnel Coordinator informed the Council that the Human Rights and Resources Commission is interested in becoming better acquainted with Council members, City staff and other advisory commissioners. To accomplish this, they recommend a joint meeting be scheduled, perhaps on an annual basis, to discuss activities of each commission. Councilmember Rosene reported he met with various department heads recently and found it very helpful to be updated on what each is involved with. He added a commission member had indicated he found the Council and some of the Directors somewhat distant and unapproachable. Councilmember Rosene stated this comment surprised him, and he supported scheduling a joint meeting to "break the ice" and provide department heads the opportunity to present an overview of what they are involved with. Councilmember Cohen indicated he has also heard comments about Council members being difficult to approach. He felt lowering the Council's dias and re- configuring the room would make everyone a part of the meeting. Councilmember Cohen pointed out new commission members are not always aware of what the Council does or the open meeting law requirements, but he supports a joint meeting so various commissions can gain input from the Council on different viewpoints. Councilmember Scott concurred and added she had come up through the voluntary ranks and always looked forward to meeting with other commissioners to find out what they were working on. She pointed out all commissions receive meeting minutes from other commissions, but a joint meeting would add a "human touch" and provide a valuable experience. Councilmember Scott suggested an informal gathering with limited refreshments be considered rather than a formal meeting or sit -down dinner. Councilmember Pedlar and Mayor Paulson expressed their agreement. Mayor Paulson felt volunteer commissioners provided a lot of valuable resources, and a joint meeting would be a good way to increase communications and make them part of the decision making process. The Council discussed the timing of the meeting with it being pointed out February may be a good month to consider for the annual meeting since it would allow newly appointed commissioners the opportunity to attend several committee meetings before the joint meeting. 5/11/92 There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to direct staff to schedule a joint meeting with the Council and advisory commissions from mid - August to the end of September, 1992, and an annual joint meeting in February thereafter. The motion passed unanimously. AWARD OF CONSULTING CONTRACT FOR BROOKLYN BOULEVARD STUDY The City Manager reported the members of the selection and review committee interviewed five consulting firms who submitted proposals for the Brooklyn Boulevard Study which ranged in cost from $22,000 to $38,000. After review of the proposals, the selection committee recommends award of the consulting contract to Dahlgren, Shardlow, Uban Inc. (DSU) for $25,500. They also recommend the Council consider allocating an additional $4,000 to conduct an optional vision workshop to bring members of the community together to view visualizations of opportunities on Brooklyn Boulevard. This would also get everyone working from a common set of terms and offer an opportunity for brainstorming. He pointed out while several firms were very close in capabilities, DSU stood out because they have done similar studies for other communities and also had experience working with the Maxfield Group and other consultants Brooklyn Center has used on a regular basis. In response to Council's questions, the City Manager indicated DSU suggest a Task Force be appointed by the Council (comprised of commission members, business people, residents, etc.) who can meet five to six times during this process. Councilmember Cohen pointed out it has worked well to pull together advisory committees for neighborhood meetings with other projects. In the past, the advisory committees have held neighborhood meetings to discuss planning issues that affect the community. Since some of these committees are still structured, he suggested this be considered as the base resource to start with. Tim Griffen, DSU, suggested the Task Force also involve representatives from Maxfield and the City's other consultants. He explained the one -day vision workshop would include experts in these areas. The City Manager suggested Mr. Griffen provide additional information regarding the workshop for Council consideration. Mayor Paulson expressed support for this proposal. He added it is exciting to see this plan coming forward where resident involvement is considered a key element. Councilmember Scott agreed and complimented DSU on their proposal. She supported community involvement in the early stages of the project and also agreed with Councilmember Cohen's comments about forming an advisory commission to provide input. In response to Councilmember Pedlar's questions, the City Manager explained DSU can start immediately if Council approves their proposal. He pointed out DSU also recognizes the fact they have to look at existing ordinances and understands the difference between development and redevelopment. DSU is also very strong in the area of working with buffers. He added CDBG funding will be used, with an amendment needed if the vision workshop is approved. 5/11/92 -12- I Councilmember Cohen pointed out there may be pending development that needs to be considered. He asked if a change order would be necessary for this type of consideration. Mr. Griffen explained a component of the study would be a procedure for reviewing and negotiating development, and if something came up they would look at it. Karl Gaardsmoe, President of the Chamber of Commerce, indicated he is encouraged that they can become part of this process and gather views from the business community. Janis Blumentals, Chair of the Economic Development Commission, stated he is looking forward to this study and encouraged the Council to approve the study as well as the vision workshop. He added the study will provide a good prototype for other areas as well. RESOLUTION NO. 92 -108 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AWARDING CONTRACT FOR CONSULTING SERVICES TO DAHLGREN, SHARDLOW, AND URBAN, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 50'S GRILL EXPANSION The City Manager explained the City's planning staff has had discussions over the past year with Jack Shubert, owner of the 50's Grill, regarding a possible expansion to his building. Mr. Schubert feels he needs to expand the kitchen area and would like to add some additional seating. Expansion of the seating area is prohibited because additional parking cannot be added to the site. Several options for expanding the kitchen have been discussed, but Mr. Schubert wants to add about ten feet and the existing wall is approximately fifteen feet from the south property line. The Zoning Ordinance requires a , ten foot building setback, which would allow a maximum addition of only five feet. The City Manager commented the City's Zoning Ordinance is somewhat rigid regarding expansions. Councilmember Scott noted the need to maintain side yard setbacks to provide adequate emergency vehicle access between buildings. The City Manager agreed this is a difficult issue. He pointed out the Fire Code does require fire wall provision, and other technical considerations are available today that would provide some added opportunities. It was also mentioned that having minimum distances between buildings could result in useless space which ends up collecting trash. The City Manager suggested this is one of the situations that could be addressed in the Brooklyn Boulevard Study. Councilmember Pedlar agreed and asked if it could be evaluated early in the study to avoid too long of a delay. He indicated he would like to hear the Fire Chief's opinion regarding fire wall separation and what other alternatives exist to achieve a satisfactory alternative. Councilmember Pedlar suggested the City Attorney contact Dean Nyquist, Mr. Schubert's 5/11/92 - 13- attorney, to discuss the issues. He added finances has not been considered a hardship in the past, however, he felt it may need to be considered in the future to avoid the loss of good businesses. To avoid setting an adverse precedence, the City Manager felt the study would avoid touching the City's variance policy and address other ways to adjust side yard setbacks. Councilmember Pedlar explained he is not advocating changing the ordinance or variance procedure, but felt there are a lot of questions that need to be addressed. He suggested the City Attorney and staff address questions raised by Mr. Nyquist regarding redevelopment issues. The City Manager agreed the Brooklyn Boulevard Study may recommend some ordinance changes. He pointed out including too many additional issues will slow progress of the study and suggested the consultant advise the City when they reach that point. Councilmember Cohen emphasized the Council is interested in rejuvenating the community, protecting the health, safety, and welfare of the residents as well as the tax base. He indicated he does not want to stand on old rigidity that came out of planning from the 1960's. Councilmember Cohen suggested the consultant make recommendations regarding these issues for Council's consideration in policy development. He added the City needs to remain competitive for commercial businesses without throwing away the principles of health, safety, welfare and solid planning practices. The City Attorney reminded the Council that State Statute authorizes cities to grant variances that follow closely to the City's ordinances, and variances cannot be used to solve other types of problems. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to accept staffs recommendation to consider this issue in the early stages of the Brooklyn Boulevard Study. The motion passed unanimously. APPOINTMENT PROCESS Councilmember Cohen indicated he requested the April 27, 1992, regular session meeting minutes and Planning Commission appointment be removed from the consent agenda so he could address the appointment process. He explained at the April 27 meeting the Mayor recommended the appointment pp t of Barb Kalligher as Chair of the Planning Commission. During he discussion he had the impression there was only one Planning Commissioner � � I' Y g interested in the appointment. The Council unanimously supported the Mayor's recommendation. Councilmember Cohen stated since the April 27 meeting he has received negative comments from other Planning Commissioners regarding this appointment. He stated the Mayor has the right to make this appointment, but he voted to support the appointment based on information that flowed from the meeting and did not know of these concerns until after the meeting. Councilmember Cohen indicated the Planning Commission has statutory authority and is a premier commission, not a training ground. Also, over the years some Commissioners have 5/11/92 - 14 - I I moved up to the Council. He felt appointments to the Planning Commission should be considered from the point of their expertise and knowledge relating to planning issues. Councilmember Cohen pointed out Graydon Boeck and Bill Siems were also appointed at the April 27, 1992, meeting without Council reviewing additional information. Councilmember Cohen suggested a policy be established regarding Mayoral appointments which are confirmed by the Council so background information is provided for Council's review. The policy should also include a process to provide philosophical and geographic balance and a method to deal with time limits. Mayor Paulson agreed with the need to establish a policy and indicated he has been attempting to add some uniformity to commission's by -laws, how chairs are selected, membership, etc. He also agreed with the need to establish a process to fill vacancies. Mayor Paulson indicated he did not state that Barb Kalligher was the only person available for Planning Commission Chair. He said she was the only person who expressed interest to him. Mayor Paulson stated he has always listened to Council's input when making an appointment and will continue to do so. He agreed with the need to provide geographic and gender balance, but was unsure how to provide philosophical balance since different views should be considered. Mayor Paulson stated he had requested help in this area and continues to do so. He requested help from staff to get ads out, applications in, gather information on who would make the best appointee, and help from the Council to bring in the best qualified candidates. Mayor Paulson stated he has also asked for a volunteer coordinator to facilitate and coordinate appointments. He suggested more information be requested on the application form. Mayor Paulson stated he wants to protect the Mayor's right to make appointments but would support amending by -laws so all commissions elect their own leadership from among their ranks which would also decentralize decision making. Mayor Paulson stated he stands behind the appointment of Barb Kalligher as Chair of the Planning Commission. He pointed out the Chair's responsibility is to lead the meetings and does not contain more power than other Planning Commissioners. He felt the Council should welcome people who are willing to step forward and volunteer their time to become involved, learn the process, and approach it with the best interest of the community in mind. Councilmember Pedlar recalled a previous discussion that Molly Malecki was going to resign as Planning Commission Chair and an interim Chair would be appointed. At that time Wallace Bernards indicated he would act as Chair on a temporary basis, but would not accept it as a permanent position. He felt it was inferred at the April 27 meeting that Barb Kalligher was the only candidate. Councilmember Pedlar stated he seconded the motion based on that impression and has now received negative feedback from other Planning Commissioners who disagree with the appointment. He agreed the Planning Commission 5/11/92 - 15 - is a premier position and carries a degree of status since it drives future development of the community. Councilmember Pedlar felt seniority should have been a consideration in the appointment of the Chair, and the Commissioners should have been polled to determine if there was other interest. He added he is concerned and upset, felt the Council had "screwed up" in making this appointment without checking with others who have served on this Commission and overlooking them in making the appointment to this premier position. He explained even though it may not have been said, he thought there was only one person interested in the appointment. Councilmember Pedlar felt it would be in the best interest of the Planning Commission and appointment process if the appointment is reconsidered since other Commissioners have been schooled and "walked the walk" and are entitled to the appointment. Mayor Paulson stated he was not aware of anyone with an interest in this appointment. He pointed out he has appointed people as Chairs the first time out so this is nothing new. He felt i e t t depended on the situation and in this case, Barb Kalligher is not politically motivated and has the best interest of the community and Planning Commission in mind - and was not going after a "political plum ". Mayor Paulson stated this is not a proper characterization. Barb Kalligher stated the Planning Commission is a volunteer committee and she did not realize she had to "take a test ". She felt she had been personally attacked along with her ability to Chair the meeting. Ms. Kalligher stated if her appointment will cause a controversy, it should be reviewed since she does not want to be involved in a controversy, but she would like a chance to try. Councilmember Pedlar stated his comments are not a personal attack, but if it has been misconstrued he felt it rested with the Mayor since Ms. Kalligher should not have been put in this P osition and it should have been handled at the Council table. He felt this discussion would not be taking place if other Planning Commissioners had been given proper consideration. Councilmember Pedlar apologized to Ms. Kalligher for any misconception and emphasized his comments were not intended as a personal attack. He suggested openings be posted so all are given an opportunity. Councilmember Rosene expressed his appreciation to Ms. Kalligher and indicated he felt she would do a good job as Chair; however, he concurred with Councilmember Pedlar's impression that all Commissioners had been polled and declined the appointment. He also felt seniority was a consideration in appointment of the Chair. Councilmember Rosene complimented Ms. Kalligher on her diplomacy and tact in allowing the issue to be reopened. Mayor Paulson stated he stands by his statements as indicated in the minutes, that Barb Kalligher was the only one expressing an interest to him. He pointed out the position of Chair has been open since the first of the year, and Ms. Kalligher was the first one expressing an interest. Mayor Paulson stated he will leave it up to the Council. 5/11/92 -16- Councilmember Pedlar stated three Council members share the impression there was only one candidate. He had assumed the process had been concluded and there was only one candidate. After the meeting he received a telephone call from a Planning Commissioner who indicated she was not asked about the position. Mayor Paulson clarified he did not ask anyone. Councilmember Pedlar felt the Mayor should have determined if there were any other candidates and made a recommendation for the position based on seniority, fairness, etc. He felt the Council had an obligation to the residents and should not circumvent a process that has been embraced by the community. Councilmember Pedlar pointed out Ms. Kalligher has only been on the Planning Commission for two months, and while he was sure she would put time into the position, he felt experience was also a consideration. Mayor Paulson agreed experience is a factor, but not the only factor. He felt philosophy was another factor, and he was not going to appoint someone who thinks 180 degrees differently than he does. Mayor Paulson explained he wanted someone with a sense of community, the direction to take, vision, opinions of their own, background and backbone to do the job. He felt Ms. Kalligher had these qualities, and he disagrees with simply appointing the most senior member as Chair. The City Attorney explained under the current resolution of the Council that establishes procedures for making appointments, both appointments and removals are made by the Mayor with consent of the Council. Councilmember Scott felt all of the Council members were remiss about not inquiring more into the appointment, but it was an unusual meeting since it was not held in the Council Chambers. She felt the Planning Commission was a very important commission and the Chair takes the leadership of someone who understands the City's ordinances, zoning, etc. Councilmember Scott commented the Planning Commission Chair is a large and thankless job since many issues are "hammered out" at that level before the issue is discussed by the Council. She felt Ms. Kalligher had the desire, insight and ability to be a good leader and she has no problem with her appointment, but she was concerned about others who may have been interested and did not have the opportunity to be considered. Councilmember Scott stated she also made the wrong assumption that no one else wanted the appointment. Mayor Paulson stated he appreciates these comments and shares some of the blame. He suggested discussion be held about how to avoid this in the future by having commissions elect their own Chairs, which he felt may be a better gauge of the person's capabilities and would not rely solely on seniority. Councilmember Cohen stated he appreciates the opportunity to get this issue aired out but had no intention of hurting anyone and apologized for that, including those who felt hurt and overlooked. He pointed out this is the Mayor's appointment and he accepts that. He suggested staff be directed to prepare a report indicating all commissions, map of appointees, present appointment process for each commission and chair, etc. Councilmember Cohen explained the Planning Commission used to elect their own Chair, 5/11/92 -17- but this was changed in conjunction with the Year 2000 Plan. He indicated it is his desire to continue to protect the Mayor's right to appointment, but to establish policy that addresses the Council's and resident's concerns. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct staff to research commissions, geographic location of appointees, appointment process for various commissions, commission membership, gender, age etc. and to prepare a report for the Council's consideration at a future meeting, and unless an emergency, all appointments will be proposed at one meeting and confirmed at the next. Dennis Kelly, Chair of the Financial Task Force, expressed support of having commissions elect their own chair and suggested the Planning Commission be allowed to do so. Councilmember Rosene explained this is not possible unless Ms. Kalligher resigns or the Mayor reconsiders the appointment. The City Attorney clarified the procedure for selection of chair is by Council resolution. A new resolution would be needed if the Council decides commissions should select their own chair. The motion passed unanimously. Mayor Paulson thanked all for their input since sometimes lively discussions result in better decision making. APRIL 27, 1992 - REGULAR SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to approve the minutes of April 27, 1992, regular session as printed. The motion passed unanimously. MAYORAL APPOINTMENT: PLANNING COMMISSION Councilmember Cohen requested more information regarding Tim Wilson. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to table consideration of an appointment to the Planning Commission to the May 26, 1992, meeting to allow time for further research and posting the opening. The motion passed unanimously. APPOINTMENT OF PLANNING COMMISSION CHAIR Councilmember Pedlar felt a problem still exists with other members of the Planning Commission who were not considered for the position. He supported Mr. Kelly's suggestion to send the appointment issue to the Planning Commission for their selection of a Chair. The City Attorney explained the Charter and ordinances do not provide for this type of selection process. Since it is established by Council resolution, it can be changed by resolution. The commissions set their own by -laws by resolution which may also have to be changed to remain consistent. 5/11/92 -18 - There was a motion by Councilmember Pedlar that all Commission Chair positions be selected by membership including the reconsideration of Planning Commission Chair for the replacement of Molly Malecki, Chair, and Wallace Bernards, temporary Chair and to direct staff to prepare a resolution for this new appointment process, and to develop criteria for each Chair position. Councilmember Cohen seconded the motion for the purpose of discussion. Councilmember Pedlar explained he felt criteria for the Planning Commission Chair would be different as mentioned earlier by Councilmember Scott. Councilmember Cohen pointed out at this point, it is still the Mayor's appointment and cannot be reconsidered unless the resolution is changed. Until that time, he does not want to strip away the Mayor's power. Councilmember Pedlar stated he would support making the resolution, if adopted, effective immediately. Mayor Paulson asked Councilmember Pedlar to amend his motion and direct staff to prepare a resolution and by -law amendments for the Council's consideration that would allow Chair and Vice -Chair positions to be selected by commissions with it becoming effective upon passage, and that no further Chair and /or Vice Chair appointments will be considered until this matter is decided. Councilmember Pedlar explained he would like to rectify the mistake made at the April 27 meeting and assure the process is followed. Councilmember Scott pointed out the Mayor's suggested amendment would table further appointments. Councilmember Pedlar stated he would like to reconsider the appointment, but since that will not happen, he will accept the Mayor's amendment to his motion. Councilmember Cohen (who seconded the original motion) also accepted the amendment. The amended motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:37 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Services 5/11/92 - 19 -