HomeMy WebLinkAbout1992 05-26 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 26, 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 7:02 p.m.
ROLL CALL
Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip
Cohen. 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, and Council
Secretary Carla Wirth.
OPENING CEREMONIES
Father Harry Grile offered the invocation.
OPEN FORUM
Mayor Paulson noted the Council had received no requests to use the open forum session
this evening. He inquired if there was anyone present who wished to address the Council.
There being none, he continued with the regular agenda items.
COUNCIL REPORTS
Mayor Paulson introduced the Political Science Class from Park Center High School. who
were in attendance. He also introduced Mike Braasch, Senior at Park Center High School,
who has been working as an intern with the Mayor's Office. Mayor Paulson reviewed the
projects Mr. Braasch has been involved with including a constituent complaint tracking
system, book on Mayoral appointments, and a book on award and proclamations which is
still under progress. Other projects include work on a public announcement spot to promote
an aspect of the community, attendance at safety patrols, and a press release in conjunction
with Louis Larson. Mayor Paulson invited other students to participate in this worthwhile
program.
APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Paulson inquired if any Councilmembers requested any items be removed from the
consent agenda. No requests were made.
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APPROVAL OF MINUTES
MAY 11, 1992 - REGULAR SESSION
There was .a motion by Councilmember Scott and seconded by Councilmember Pedlar to
approve the minutes of May 11, 1992, regular session as printed. The motion passed
unanimously.
RESOLUTIONS
RESOLUTION NO. 92 -109
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1992-13, SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS AND APPROVING PLANS AND
SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR
CONTRACT 1992 -I
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -110
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR
IMPROVEMENT PROJECT NO. 1991 -23, SEWER REPLACEMENT AT BROOKLYN
DRIVE, CONTRACT 1991 -5
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -111
Member Celia Scott introduced o t the following resolution and moved its adoption:
RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM
JUNE 17 THROUGH JUNE 28
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -112
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR
BILL LUTHER DURING THE RECENT LEGISLATIVE SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
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RESOLUTION NO. 92 -113
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF
REPRESENTATIVE PHIL CARRUTHER DURING THE RECENT LEGISLATIVE
SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -114
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF
REPRESENTATIVE WAYNE SIMONEU (FRIDLEY) DURING THE RECENT
LEGISLATIVE SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -115
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR
EMBER REICHGOTT (NEW HOPE) DURING THE RECENT LEGISLATIVE
SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -116
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF
REPRESENTATIVE ANN REST (NEW HOPE) DURING THE RECENT
LEGISLATIVE SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
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RESOLUTION NO. 92 -117
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF
REPRESENTATIVE BILL SCHRIEBER (BROOKLYN PARK) DURING THE
RECENT LEGISLATIVE SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -118
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR
LARRY POGEMILLER (N.E. MINNEAPOLIS) DURING THE RECENT
LEGISLATIVE SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -119
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR
JUDY TRAUB (MINNETONKA) DURING THE RECENT LEGISLATIVE SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -120
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR
RANDY KELLY (ST. PAUL) DURING THE RECENT LEGISLATIVE SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -121
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF
REPRESENTATIVE CONNIE MORRISON (BURNSVILLE) DURING THE RECENT
LEGISLATIVE SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
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RESOLUTION NO. 92 -122
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR
DON FRANK SPRING LAKE PARK DURING THE RECENT LEGISLATIVE
SESSION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
RESOLUTION NO. 92 -123
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF JILL SHERRITT
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
LICENSES
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
approve the following list of licenses:
AMUSEMENT DEVICES - OPERATOR
Earle Brown Bowl 6445 James Circle N.
AMUSEMENT DEVICES - VENDOR
B & K Music & Sales 133 Spring Valley Circle
FOOD ESTABLISHMENT
Lutheran Church of the Triune God 5827 Humboldt Avenue N.
ITINERANT FOOD ESTABLISHMENT
Brooklyn Center Park & Recreation 6301 Shingle Creek Parkway
MECHANICAL SYSTEMS
Marsh Heating & A/C Co., Inc. 6248 Lakeland Avenue N.
United Heating and A/C 2702 Idaho Avenue N.
NONPERISHABLE VENDING MACHINES
Consumer Vending 2714 E. 33rd Street
Dayton's 1100 Brookdale Center
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PERISHABLE VENDING MACHINES
Consumer Vending 2714 E. 33rd Street
Dayton's 1100 Brookdale Center
RENTAL DWELLINGS
Renewal:
Brookwood Estates 6201 N. Lilac Drive
Ewing Square Associates Ewing Square Townhouses
George I. Kosmides Lyn -River Apartments
Brighton II Ltd. Partnership Timber Ridge Apartments
Boulevard Properties 5837 Brooklyn Boulevard
Brett and Terry Parker 5245 Lakeside Place
Steve Loechler 5736 Logan Avenue N.
Jerry Truman 5519 -23 Lyndale Avenue N.
Michael and Debra Hogenson 3813 Urban Avenue N.
Frances M. Lunacek 5211 Xerxes Avenue N.
SWIMMING POOLS
Brookside Manor Apartments 11121 -1307 67th Avenue N.
Riverwood Townhomes Association 6626 Camden Drive N.
The motion passed unanimously.
PLANNING COMMISSION ITEMS
PLANNING COMMISSION APPLICATION NO. 92008 - NHIA YONG THAO
The City Manager presented Planning Commission application No. 92008 submitted by Nhia
Yong Thao requesting special use permit approval to build and operate an alterations shop
in an addition to the garage at 6136 Brooklyn Boulevard. This application was considered
and approval recommended by the Planning Commission at their May 14, 1992, meeting.
The Director of Planning and Inspection advised the Council the Planning Commission
minutes of May 14, 1992, contain their consideration and recommendation of this
application. With the aid of a transparency, the Director of Planning and Inspection
presented the site noting the proposed addition is to the north side of the garage in an area
approximately 9'x 35'. Hours of operation would be from 9 a.m. to 5 p.m. Monday through
Saturday. The applicant plans to add a six foot extension to the south side of the two car
wide driveway. It was noted the Zoning Ordinance allows goods produced on the premises
to be sold as part of a legitimate home occupation; however, goods produced off the
premises may not be sold. The Director of Planning and Inspection pointed out there can
be no parking or even backup of traffic on Brooklyn Boulevard. To limit walk -in traffic and
thus traffic congestion, he felt it may be appropriate to limit service traffic to an
appointment -only situation. Next addressed was the expansion of an accessory structure for
the express purpose of engaging in a home occupation. The Director of Planning and
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Inspection noted the Council has approved at least three other special use permit requests
involving expansions.
With regard to the garage, the door was removed in the past and replaced with windows.
The garage has been used for storage. The Director of Planning and Inspection
recommended the garage door be put back on so it can function as a garage and not entirely
used as a storage place for the proposed shop. Also, he reported the petitioner has
expressed some concern about cold weather drafts if the garage door is replaced. Due to
this, he suggested the petitioner be required to construct a wall separating the shop from the
garage area.
The Director of Planning and Inspection indicated a letter of support was received from Dr.
Lescault, the next door neighbor. In response to Councilmember Scott's question, the
Director of Planning and Inspection explained the alteration shop is currently being
conducted from the main house and basement, not the garage.
Councilmember Rosene complimented staff in their effort to work with the applicant in this
process and also to safeguard the quality of the neighborhood. He explained he has viewed
the property and does not feel replacing the large windows with a garage door will enhance
the appearance of the neighborhood or property. Councilmember Rosene pointed out this
Js a transitional neighborhood that is moving from residential towards more commercial uses.
He felt in this case Mr. Thao would be helping that transition to occur.
Councilmember Rosene stated he felt Mr. Thao had a good understanding of the English
language, but wondered if the City has a translator available if the need arises. In response,
the City Manager explained they have access to translators through the Police Department,
but have not had to use one yet. Councilmember Rosene suggested a policy be established
to encourage departmental use of translators, if necessary.
The Director of Planning and Inspection clarified he is not recommending the re-
establishment of the garage use of the accessory building based on appearance, but based
on the terms of a home occupation. He indicated he understands this is a transitional area,
but currently it is still a single family residential district and the Zoning Ordinance does not
encourage conversion of existing homes into full -blown commercial uses. Also, the
conditions on this application would apply to all future applications within a residential area,
and the Council needs to consider the affect it will have on other areas within the City. The
Director of Planning and Inspection emphasized the home occupation must remain
incidental and converting the entire garage area to the shop would go beyond the bounds
of the ordinance.
Councilmember Rosene stated he understands the need to be evenhanded in applying the
ordinance and the concerns with establishing an adverse precedence. However, in this case
he felt requiring the installation of a wall and garage door may result in additional expenses
at a time when the petitioner is attempting to get his business started. Since it involves a
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transitional area, Councilmember Rosene suggested the Council consider allowing a two year
time period for completion of this work, which will also allow the Brooklyn Boulevard Study
to be completed. The City Manager indicated the Study will be completed is approximately
six months.
Councilmember Pedlar pointed out allowing one year would allow the Study to be
completed. At that time the Council can look at the redevelopment of Brooklyn Boulevard
and how home occupations impact the study.
The Director of Planning and Inspection explained service /office commercial uses along
major thoroughfares requires a minimum of one acre lots plus 150 feet of road frontage.
The Comprehensive Plan and Zoning Ordinance recommends consolidation of property into
these larger parcels for commercial use. If there is a marked change in development along
Brooklyn Boulevard to encourage house conversions, it may result in a problem of getting
these houses to cease the residential use of the property as a shared use and to bring them
into compliance with the Building Code, Fire Code, and potentially the Americans with
Disabilities Act.
Councilmember Cohen felt a separation wall would be necessary if the garage door is
installed to eliminate fumes from getting into the shop area and clothing. He agreed
installation of the garage door does not improve the neighborhood, but would help maintain
the integrity of the Zoning Code by limiting the home occupation. He suggested the door
be required within a time limit and then the Council could consider a temporary moratorium
for any further home occupations along Brooklyn boulevard until the Brooklyn Boulevard
Study is completed (unless the project involves the creation of larger commercial lots). He
also supported Councilmember Rosene's suggestion that the use be reviewed by the Council
after the Study is completed. With regard to a possible moratorium, the City Attorney
indicated in this case it would be appropriate to deal with the concern of home occupations.
The City Manager pointed out there are two to three businesses pending and suggested the
moratorium not affect these pending applications.
Mayor Paulson opened the meeting for the purpose of a public hearing on Planning
Commission application No. 92008 at 7:43 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 7:43 p.m. The motion passed unanimously.
There was a motion by Councilmember Rosene and seconded by Mayor Paulson to approve
Planning Commission application No. 92008, Nhia Yong Thao, 6136 Brooklyn Boulevard,
for a special use permit to construct an addition to the north side of the existing garage for
an alterations shop subject to the findings and eight conditions recommended by the
Planning Commission - without requiring the installation of a garage door.
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Councilmember Scott expressed concern about not requiring the garage door installation
because by giving this application special privileges, previously denied applicants will be
asking for like treatment. She supported requirement of the garage door and allowing a
certain period of time for completion of the work.
Councilmember Pedlar concurred and indicated he supports the application but felt the
garage door should be required. He added the application can be reviewed after the
Brooklyn Boulevard Study is completed.
The City Attorney recommended the Council consider requiring the restrictions at the onset
rather than trying to add them after the special use permit is granted, which may result in
enforcement problems.
There was an amended motion by Councilmember Rosene and seconded by Mayor Paulson
to approve Planning Commission application No. 92008, Nhia Yong Thao, 6136 Brooklyn
Boulevard, for a special use permit to construct an addition to the north side of the existing
garage for an alterations shop subject to the following findings and conditions:
1. The special use permit is granted for an alterations shop in the garage at 6136
Brooklyn Boulevard. The use may not be altered or expanded in any way without first
securing an amendment to this special use permit.
2. Customers seeking alteration services shall be served on an appointment only basis.
Hours of operation to be open to the public shall be from 9 a.m. to 5 p.m., Monday
through Saturday.
3. Only products produced on the premises shall be sold from the premises.
4. All parking associated with the home occupation shall be on improved space provided
by the applicant. The applicant shall widen the driveway by at least six feet for at least
one car length in front of the garage.
5. The shop area is limited to a portion of the expanded garage. Building plans for the
garage addition are subject to review and approval by the Building Official prior to the
issuance of permits. ft
6. The garage shall be restored to the function of storing automobiles by replacing a
portion of the existing wall with at least a single car garage door and a separation wall
within two years of issuing the building permit for the garage expansion.
7. The applicant shall install a 10 pound fire extinguisher in the shop area.
8. The special use permit is subject to all applicable codes, ordinances, and regulations.
Any violation thereof shall be grounds for revocation.
9. The exterior of the addition to the garage shall be consistent with the exterior of the
house and the existing garage.
The amended motion passed unanimously.
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There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to
refer the matter of a temporary home occupation moratorium along Brooklyn Boulevard to
the Planning Commission for their review and recommendation to the Council. The motion
passed unanimously.
DISCUSSION ITEMS
ADVISORY COMMISSIONS' ENABLING RESOLUTIONS
The City Manager indicated the City Council, at its May 11, 1992, meeting, discussed
membership and chairperson appointments for the City's advisory commissions. As directed,
staff has prepared several options for proposed language amendments for the Council's
consideration.
Councilmember Rosene added Option 5C for consideration, which is the same as Option
5B except that "chairpersons terms shall expire on December 31, 1992," (rather than
September 1, 1992). This would allow commission members to elect their chair at the first
meeting of the year, when all new members would take office. Also, appointing chairs on
September 1 would be before the primaries.
OPTION 1
Councilmember Scott indicated she has received several calls regarding her comment at the
last meeting about the position of the Planning Commission chair being more important than
other chair positions. She explained the Planning Commission, next to the Charter
Commission, is the most prestigious commission in Brooklyn Center because of their work
with variances, site plan review, etc. Chairing this group requires a knowledge of ordinance
requirements, zoning restrictions, landscaping requirements, etc. Therefore, the Chair needs
more knowledge about general City policy than needed with other commissions.
Councilmember Scott emphasized other commissions are important too, but they do not
need as much knowledge about Zoning Ordinance requirements. The Planning Commission
Chair needs this knowledge to direct discussion to make the proper recommendation to
Council. It also requires a dedicated person due to the amount of time required. She
complimented anyone who was willing to take on this responsibility. ft
Mayor Paulson reviewed Option 1A, amendment language which would allow commission
members to appoint their chair from membership who have served for a minimum of two
years. This two year requirement would be waived if no candidate meets this criteria or if
all eligible candidates withdraw from seeking the chair. Option 1B allows commission
members to appoint their chair from membership without the two year requirement.
Mayor Paulson opened an informal public hearing at 8:10 p.m.
Diane Lerbs, 5107 E. Twin Lake Road, agreed with the consensus of Council members to
allow commissions to elect their own chair. Mayor Paulson clarified this option was
proposed by him. Ms. Lerbs felt the appointment of Barb Kalligher should be rescinded and
the Planning Commission members allowed to make their own appointment.
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To clarify the various options for the audience, Councilmember Rosene reviewed each and
explained the differences.
Mayor Paulson requested Councilmembers Pedlar and Cohen present their concerns.
Councilmember Pedlar indicated this issue was brought before the Council at the last
meeting, and is not a personal issue with him or other members of the Council. He felt the
appointment made several meetings ago was done erroneously. Mayor Paulson asked that
the Council address the item before them, not past discussion.
There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to
adopt Option 1A and 5A.
Councilmember Rosene stated while he supports seeking a candidate that already has
experience, the two year requirement in Option 1A seems unreasonable to him since it
would exclude the possibility of Barb Kalligher being elected as Chair of the Planning
Commission. He indicated he could support the motion if Option 1A includes a clause to
grandfather existing chairs.
Councilmember Pedlar pointed out the waiver language included in Option 1A and indicated
he prefers to not remove the two year requirement.
Mayor Paulson agreed with Councilmember Rosene and felt the wording does not provide
due process since it does not allow a qualified newly appointed member to be considered.
He felt the Council should empower the commissions to make their choice and not limit
candidates from the process.
There was a motion by Mayor Paulson and seconded by Councilmember Rosene to amend
the motion to remove the following from Option 1A: "Prior to election to the chair, the
chairperson shall have served as a member of the (planning) commission for a minimum of
two years. This requirement is waived if no candidates for chairperson meet this criteria or
if all eligible candidates withdraw from seeking the chair."
Vote on amendment motion: Two ayes, three nays. The motion failed. Councilmembers
Cohen, Pedlar and Scott voted nay.
Councilmember Pedlar asked the Mayor to call the question on the original motion.
Vote on the original motion: Three ayes, two nays. The motion passed. Councilmember
Rosene and Mayor Paulson voted nay.
In response to Mayor Paulson's question, the City Attorney explained the options were
presented for Council's consideration and the Council can direct staff to prepare formal
resolutions which the Council will act on at a future meeting. The amended language would
not be effective until the resolution is adopted.
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Councilmember Scott indicated she supports election of chairs at the first regular meeting
in January and felt elections at any other time of the year would be inconsistent since new
members begin their term the first of the year. Councilmember Rosene agreed.
Councilmember Cohen questioned this proposal since the motion just adopted included
Option 5A which results in all chair positions expiring upon passage of the pending
resolution. Councilmember Scott indicated she was not aware Option 5A had been included
in the motion and preferred to act on it as a separate matter. The City Attorney explained
a motion for reconsideration can be made and seconded by a member of the majority vote
that passed the original motion.
There was a motion by Councilmember Scott and seconded by Councilmember Rosene to
reconsider the previous motion to adopt Option 1A and 5A.
Mayor Paulson indicated support of the motion to reconsider and felt it would bring
consistency and fairness to the process and take it out of the political realm.
Vote on the motion to reconsider: Three ayes, two nays. The motion passed.
Councilmembers Cohen and Pedlar voted nay.
Councilmember Pedlar felt the Council also needed to address the issue of fairness and
consistency of the appointment process. He pointed out the City has commission members
who have served for a long time and were not considered for appointment to the position
of chair. Also, delaying chair appointment until January does not address the issue of
fairness or consistency, or resolve the issue. Councilmember Pedlar indicated there are
other members of the Planning Commission who have spent a great deal of their time
providing support, and he felt it was doing an injustice in failing to ask them if they were
interested in the position of chair. Therefore, he supports adoption of Option 5A since he
felt other members of the Planning Commission deserve consideration.
Mayor Paulson felt the only way to do an injustice is if the process was not followed. He
pointed out he did follow the process for appointment, and the Council confirmed the
appointment. Mayor Paulson indicated the position for Planning Commission chair was
open for five months, and he did not hear from any commissioners or Council members
regarding the appointment. He added he still has not heard from any Planning
Commissioners except through articles in the newspaper. Mayor Paulson stated he felt this
issue has become political because the three people opposing Barb Kalligher's appointment
are the three people who will be running against her for City Council.
Councilmember Rosene reviewed at one time it was the practice in Brooklyn Center for
commissions to elect their own chair. Then at some point this procedure was changed so
the Mayor makes the appointment which was confirmed by the Council. He asked what
procedure would be taken if 5A is adopted since some commissions do not meet during the
summer.
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Councilmember Cohen explained that the present chair would remain in office until the
meeting convenes and a new one is elected. He concurred with Councilmember Pedlar that
the issue involves a matter of fairness to members who have served on commissions, which
is why he brought the issue before the Council. He felt you need to go out and seek
interested parties for volunteer positions, not expect them to approach you. Councilmember
Cohen felt the Council erred previously by allowing the issue of Planning Commission chair
to be brought up when it was not an agenda item. He pointed out that not correcting this
error results in telling the Planning Commissioners and others that their service and seniority
does not mean anything. Councilmember Cohen stated he supports Option 5A and felt it
would put the issue to rest.
Councilmember Rosene stated he supports Option 1B which would allow a top -notch
commissioner, with less than two years experience, to be considered for a chair position.
There was a motion by Councilmember Rosene and seconded by Mayor Paulson to adopt
Option 1B.
Councilmember Cohen offered an amendment to the motion to approve Options 1B and 5A.
(This motion died for lack of a second.)
Councilmember Scott reiterated her support of making chair selections at the first meeting
in January. Therefore, she does not support including 5A which would require the
immediate re- election of chairs. The City Attorney clarified the proposed Resolution could
contain language that the chair is elected on July 1 this year and term of office thereafter
will expire on December 31 - or what ever date the Council chooses. In any event, the
existing chairs will continue to serve until their successors are elected and qualified.
Councilmember Scott indicated she would support Option 5A if this suggested language is
included.
There was a motion by Cohen and seconded by Councilmember Pedlar to amend the motion
to direct staff to prepare amendments to Advisory Commissions' Enabling Resolutions as
indicated in Options 1B and 5A including language that "chairpersons terms shall expire
upon passage of this resolution with the term to expire December 31, 1992, and thereafter
chairpersons of each commission shall be selected at the first meeting in January..."
Councilmember Rosene asked if the first election could wait until January 1, 1993.
Councilmember Scott did not feel an extra election would be an imposition to the
commissions.
Vote on the motion to amend: Three ayes, two nays. The motion passed. Councilmember
Rosene and Mayor Paulson voted nay.
Mayor Paulson indicated he would prefer to vote on Option 1 and 5 separately. He
explained that while he supports Option 1B he opposes Option 5A. Councilmember Rosene
indicated he felt the same way.
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Councilmember Cohen stated his motion contains both options.
Vote on the motion as amended: Three ayes, two nays. The motion passed.
Councilmember Rosene and Mayor Paulson voted nay.
RECESS
The Brooklyn Center City Council recessed at 9 p.m. and reconvened at 9:12 p.m.
DISCUSSION ITEMS (CONTINUED
ADVISORY COMMISSIONS' ENABLING RESOLUTIONS - OPTION 3
Mayor Paulson reviewed Option 3, Representation Requirements. He pointed out that the
Council still has a full agenda with important topics to discuss and suggested this matter be
discussed at another meeting.
Councilmember Cohen indicated he prefers to deal with the entire package tonight and
would be willing to table it until the end of the meeting.
There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to
move agenda item 9a to 10f. The motion passed unanimously.
MANAGEMENT SALARIES
The City Manager indicated earlier this year the Council approved a Request for Proposal
for a compensation pe sation study of executive positions. Since the responses were rather expensive
($12,350 to $19,110), staff is suggesting an alternative to conduct an in -house study with an
audit of the study results being conducted by Labor Relations Associates (LRA) for a
minimal fee.
Councilmember Scott stated the largest amount of the survey is accumulation of data, and
due to tight budget constraints and the high cost of the study, she supports staff's alternative
to have them collect the data and have it evaluated by LRA.
Councilmember Pedlar commented on a management level compensation report he received
from another community. He pointed out at previous meetings he had expressed concern
with longevity and population, and it appears this report addresses those issues. Also, with
recruiting a Police Chief he felt the Council needed to address this issue so they can move
forward with the selection process.
The Personnel Coordinator noted staff will be able to get more precise information on the
number of employees, exact functions of responsibility, number of employees they supervise
(both full time and part time), etc.
Don Roberts, 818 Woodbine Lane, stated he has reviewed a composite of wages paid to City
employees and finds it extravagant. He felt it would be unjust to look towards what other
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communities are paying and suggested the Council consider population, tax level, value of
homes in the community, etc. He preferred to see a more innovative way to cut taxes and
help families who are trying to make their dollar stretch. Mr. Roberts stated he prefers less
government and would rather see the Mayor and Council making decisions since they can
be held accountable.
Councilmember Rosene stated he is also not in favor of inflationary budgets but felt the City
staff was highly qualified and worked very hard for their salary. Mr. Roberts stated he also
works hard and the Council should only appoint someone to the position if they have it in
their heart to do their best work. He pointed out there are people in federal office and
congressional representatives who have increased taxes and their own salary and not
provided better leadership, so paying high salaries does not bring the best quality of service.
Mr. Roberts felt too high of a salary can sometimes result in complacency.
Mayor Paulson indicated the role of the Council is to set salaries, and last time this was
discussed it was decided to maintain salaries of department directors until a study is
completed. Now staff is asking that the study not be done. Mayor Paulson stated he is
comfortable with that recommendation as long as the Council stays with the main part of
their direction - to maintain salaries at their current level. He agreed public service should
come into the equation at some point, and the Council needs to find ways to get more for
their money along with better results.
Councilmember Cohen disagreed and pointed out staff's recommendation is not to delegate
setting salaries but to gather information that an outside consultant would have been hired
to do. He felt staff was coming up with innovative ideas. Councilmember Cohen pointed
out the City has state and federal laws that govern salary, and he felt continuing this avenue
of discussion would encourage management to unionize. He pointed out executive salaries
are 4.42% of the total budget and the 2.9% increase under consideration equals .13% of the
total budget. Councilmember Cohen noted the Council agreed to get a quote for an outside
independent study and staff's recommendation would still provide an outside review.
Councilmember Pedlar indicated he appreciates Mr. Roberts' comments, but the City has
certain guidelines they are obligated to follow regarding pay equity. He then reviewed the
process and need to hire a qualified Police Chief who possesses the skill level that is in the
best interest of the community. Councilmember Pedlar supported addressing salaries
according to community standards and equitable pay for a job well done. He agreed
employees want a raise every year because it tells them they have done a good job. He also
felt the merit system was important, but felt the Council was not in a position to debate
whether municipality salaries are over paid.
Mr. Roberts felt he should be able to provide some input since he is a tax payer and,
therefore, pays staff salaries. He disagreed with paying high wages and did not think they
could be justified to the community.
5/26/92 -15-
Councilmember Rosene indicated he appreciates Mr. Roberts' input, but he felt staff was
doing a good job and they work hard for what they earn.
Councilmember Scott agreed and indicated she would not support spending $20,000 for a
survey since staff can provide the data needed. She asked staff to provide Mr. Roberts with
the survey information regarding Brooklyn Center wages as compared to 18 other
communities, which also includes population data. Councilmember Scott pointed out the
City is in a competitive market with other communities, which is especially true of hiring a
Police Chief at this time.
Mayor Paulson stated he felt every job or government agency needs to take an objective
look at what they are doing. He felt it was the Council's responsibility to establish a
professional review policy. Mayor Paulson stated the City has not had a salary comparison
study since 1978, but he does not feel salaries should be driven by other communities and
the Council needs to consider other areas as well. Mayor Paulson then reviewed action
taken at MTC regarding their union contract and the option of linking productivity to salary
increases.
Councilmember Pedlar stated he is not comfortable with spending $20,000 for a study due
to shortfalls the City is facing this year and unknowns about next year's budget. He pointed
out the data provided includes information from 14 communities and includes population,
number of employees, households per employee, but Council still needs information
regarding full time and part time employees and budget responsibilities in order to
determine fair comparisons. Councilmember Pedlar indicated he is comfortable with
approving staff's recommendation to gather data. He pointed out another issue is entry
levels for a position and if responsibilities are decreased the Council should address lowering
the salary range. This has not been done in the past because previous councils felt they
should follow market standards.
The Personnel Coordinator suggested staff prepare the additional information pursuant to
Council's discussion and bring it back for consideration at the second meeting in June.
Councilmember Cohen preferred to resolve this matter as soon as possible so it can be
decided before budget discussions are started. The Personnel Coordinator felt LRA could
make their recommendation to Council by the end of July.
Mayor Paulson stated he also prefers to resolve it now but does not know if anyone will
change their minds by reviewing the study. He felt the study would probably recommend
salary increases and suggested other communities such as White Bear Lake, Shoreview,
Woodbury and other agencies also be included in the data.
Councilmember Scott pointed out the City has not had the management compensation
report updated for quite some time, and she does not feel comfortable in making a
judgement on salaries until she knows what communities of comparable size and budget are
paying.
5/26/92 - 16 -
There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to
approve staff's recommendation and direct them to conduct an in -house management salary
study with the results being sent to Labor Relations Associates for an audit to be considered
by Council the end of July. Vote: four ayes, one nay. The motion passed. Mayor Paulson
voted nay.
TREATMENT OF ALGAE IN TWIN LAKES
The City Manager indicated the Park and Recreation Commission recommended the
Council contact the cities of Robbinsdale and Crystal to see if they will help pay for algae
treatment on the Twin Lakes. This matter was also discussed at the Twin Lake Task Force
meeting, but they felt their job was to work on the trail system so they took no action on
the matter. Previously staff contacted these communities and they rejected the idea of
contributing towards algae treatment. At that time, the Council approved treatment of the
northern most lake.
Councilmember Scott suggested a committee be formed of one Council member and Park
Commission member from each community to discuss the matter and find an equitable
solution. She felt the City of Crystal has created a major portion of the problem due to
their large storm sewer trunk which empties into upper Twin Lake. Also, Robbinsdale has
been receiving complaints from residents about algae and it may be a good time to re-
approach them. Councilmember Scott indicated the city wants residents to be able to
continue their enjoyment of the lake, but she does not feel Brooklyn Center should bear the
total responsibility. She indicated she is willing to represent Brooklyn Center on a
committee of this type.
In response to Councilmember Cohen's question, the City Manager explained the DNR
issues a permit for treatment but no funding. Councilmember Cohen indicated support of
Councilmember Scott's suggestion that she and the City Manager meet with representatives
from the other two communities. He also supported working on legislation to deal with this
issue since the lakes serve as a resource for future generations.
There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to
accept Councilmember Scott's offer to serve on a joint committee with representatives from
Robbinsdale and Crystal to determine and recommend an equitable solution to algae
treatment of the Twin Lakes, and to direct staff to contact these communities regarding this
issue.
Kristin Mann, 5415 East Twin Lake Boulevard, pointed out there has been a lot of rain
which makes the upper lake even more green than the other two lakes. She requested the
treatment of the upper lake be approved and funded from the Storm Water Utility Fund
(three treatments estimated at $2,000). She added she will also bring this matter before the
Task Force at their meeting next month. Ms. Mann felt Brooklyn Center was in a better
position than the Lake Association because they would have to circulate petitions. She
asked Council to take this action now since trying to get all three communities involved will
take too long to make the treatment effective.
5/26/92 -17-
Councilmember Cohen amended his motion with the consent of Councilmember Rosene
(who seconded the original motion) to also direct the treatment of the upper Twin Lake at
a cost not to exceed $3,000 which will be funded from the Utility Fund.
The City Manager indicated staff will take quotes from several companies for this work.
Mayor Paulson commented this action is the same as taken last year with Brooklyn Center
spending their money on the lake without assistance from other communities. Also, using
the Utility Fund results in all residents covering the cost. He indicated support of a
committee meeting to attempt involvement of all communities as part of the process.
Councilmember Cohen pointed out the lake is a public body, and he felt the long term
solution is to seek legislation and funding through the state. If not, he felt the City has the
responsibility to preserve the lake.
Councilmember Rosene questioned the best way to facilitate communication with county
commissioners and newly elected senators. Councilmember Cohen indicated the governor
mandated cities work together cooperatively. He suggested the Council first wait to see if
the joint committee is successful.
The amended motion passed unanimously.
RESOLUTIONS (CONTINUED
The City Manager presented a Resolution Accepting Bid and Awarding Contract for 1992
Sealcoating, Improvement Project No. 1992 -09, Contract 1992 -G. He indicated the 1992
budget, as adopted, provided $140,000 for sealcoating of streets. On April 13, 1992, the
Council approved plans and specifications and authorized advertisement for bids for the
1992 Sealcoating Program. It was noted that as a result of the Financial and Service
Prioritization Program, the sealcoating area was reduced resulting in an estimated $18,000
savings to the General Fund.
The Director of Public Works reviewed the sealcoat area as well as the area eliminated as
recommended by the Financial & Services Prioritization Program. He does not recommend
the south -east neighborhood area which lies between Logan Avenue and Humboldt Avenue
and between 53rd and 57th Avenues North be considered for sealcoating this year since it
may be reconstructed in 1993. He explained because of the reduced area and the
competitive bids the low bid is just under $100,000, based on Option A. The Director of
Public Works recommended adoption of the resolution approving Option A.
Councilmember Scott indicated support of including more options with the bid which
resulted in very competitive bids. She also supports the use of trap rock rather than granite.
The Director of Public Works reviewed the types of rock to be used.
5/26/92 - 18-
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RESOLUTION NO. 92 -124
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1992
SEALCOATING, IMPROVEMENT PROJECT NO. 1992 -09, CONTRACT 1992 -G
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
The City Manager presented a Resolution Authorizing Execution of Contract With Brooklyn
Peacemaker Center for Services Relating to Domestic Abuse Intervention Program. He
indicated the Brooklyn Peacemaker Center has agreed to administer this program, along
with the juvenile shoplifting diversionary program for first -time offenders. Also,
Robbinsdale and Champlin were contacted and have expressed definite interest in joining
this program. The Robbinsdale and Champlin City Councils have voted to put up to $3,000
each in "seed money" for 1992, which will be used to recruit and train volunteer advocates
in their communities. They both plan to be fully operational on January 1, 1993.
Councilmember Pedlar declared a conflict of interest since he is a member of the
Peacemaker Center Board. He then excused himself from the meeting.
Jody Brandvold, 5538 Colfax Avenue, Chair of the Brooklyn Center Peacemaker Center,
indicated, if approved, they would administer the Brooklyn Center program for the
remainder of the year. They have made a tentative offer for the coordinator position to Lisa
Growette who is highly qualified and recommended by Anne Marshall (previous
coordinator). She explained they have moved forward quickly with this aspect since the
program is only funded until July 1st, and to prevent a- break in service.
Councilmember Rosene requested a breakdown for the $20,000 cost for the remainder of
1992. Ms. Brandvold indicated she will provide the Council with a copy of their tentative
budget established for July 1 through December 31, 1992. She added they will not spend
any money on training since the cities of Robbinsdale and Champlin will be involved with
it.
In response to Councilmember Rosene's question, Police Captain Downer indicated they
know of no other programs that could be explored. But if this proposal does not work out,
they could contact another existing program and become part of that program.
Mayor Paulson questioned a portion of the staff report which indicated "On July 1, 1992,
the Peacemaker Center will take over the administration..." He pointed out this is the first
time the matter has come before the Council, but it appears the decision has already been
made. Mayor Paulson stated he felt the Council should be involved in making this
important policy decision. Police Captain Downer clarified that the suggestions in the staff
report are subject to Council approval. The City Manager added staff has kept the Council
up to date with written and verbal communications about meetings with other communities
5/26/92 _19-
that were interested. If requested, he will provide those letters to Council for their review.
He agreed the intent of the staff report is not to be directive, but as part of the proposal.
Police Captain Kline explained they originally looked for whatever alternatives possible to
continue the program including contacting the program out to another community or
becoming part of an existing program. They requested bids and the Peacemaker Center was
the only one that responded. Mayor Paulson stated he understands it is an excellent service
and asked if cost is the only factor in considering this change. Police Captain Kline
indicated they are attempting to make it as cost effective as possible. The City Manager
clarified there is no suggestion to reduce the level of commitment to the Domestic Abuse
Intervention Program, but simply a proposal to return to a contract type of management that
is locally based. Previously the management was contracted out to Anne Marshall, who has
now retired. City staff is suggesting the return to the same administration policy as used in
the past. He pointed out that this proposal only addresses the administration, which is a
small part of the entire program and commitment.
Councilmember Cohen agreed the mandate of the Council was to reduce costs but to keep
the directive of the program. He felt the proposal will allow the same program to continue
with the same level of service.
Nancy Carlson questioned the program and asked if an entry -level police officer could be
used rather than spending the money outside of the program. Ms. Brandvold explained the
Peacemaker Center is a non - profit organization and can administer the program at the same
level of service for one -half of the current cost.
To avoid controversy, Councilmember Scott suggested future staff reports contain wordage
such as "upon adoption ". The City Manager agreed.
Mayor Paulson stated addressing domestic abuse is a number one concern and he felt the
Police Department was doing an excellent job along with volunteers and staff, and if the only
consideration is cost effectiveness perhaps no changes should be made. He felt other
options and bids should be considered as well as what other communities are doing. Mayor
Paulson asked if Brooklyn Center could form a partnership with other communities and turn
th e ro ram into an enterprise h
p g rp that other communities could enter and help support. He
agreed some services are proper to contract out, but with others is not proper to move
towards privatization. Mayor Paulson expressed concern regarding the Peacemaker Center
based on a Post article about the Family Conflict Resolution Center. He supported
continuing the program as it currently is and tabling action to take bids, review budget
information, etc. Also, the new Police Chief may have other suggestions about how to best
integrate the program.
Police Captain Downer pointed out as of July 1, 1992, the program will be over. He added
they already contacted other communities and found only Crystal had a Domestic Abuse
Intervention Program in place. Mayor Paulson indicated he is comfortable with the current
situation and felt it was not a "life or death" situation with continuing the program. He
5/26/92 -20-
preferred to research other alternatives.
The City Manager indicated staff did contact other communities. He clarified staff was not
attempting to establish policy, and the only change, if approved, will be to go back to
administering the program similar to when Ann Marshall was involved.
Councilmember Rosene felt the Council could table confirmation until the next meeting so
they can review the tentative budget and resume of the proposed director.
Councilmember Scott stated she understood the Mayor's comment regarding it not being a
"life and death" situation as it relates to making a decision tonight and continuing the
program; however, the type of intervention provided by this program is vitally important to
those in need. She felt no other program in the state could compare with the City's
Domestic Abuse Intervention Program and the personal touch provided. She felt more
communities (besides Robbinsdale and Champlin) will become involved and will consider
it at the beginning of their budgeting process.
Mayor Paulson agreed the program is vital to those families in need and no one can
calculate the number of lives that have been saved by this program.
Ms. Brandvold explained the Peacemaker Center is run by an independent board of directors
and not associated with the organization mentioned earlier by Mayor Paulson. The
Peacemaker Center also has an advisory council made up of citizens who advise the board
about direction they would like to see, of which Mayor Paulson's wife is a member.
The City Manager reiterated his previous comments regarding the administration being a
small part of the overall program and commitment. The City Attorney pointed out the
Council can terminate the proposed agreement with the Peacemaker Center with thirty days
notice. Also, the term of the contract goes only to the end of the year. He pointed out the
difficulty involved if the Police Department continues administering the program and also
being involved with recruitment and training of volunteers in the cities of Robbinsdale and
Champlin. The City Attorney explained at the end of the year, a joint powers agreement
between the cities will be addressed.
In response to Mayor Paulson's question, Police Captain Downer indicated they will be
meeting with volunteers every two weeks, on Monday evenings, and will continue to do so.
They provide an update and dispel rumors at these meeting. Mayor Paulson indicated he
would like to attend their next meeting to get input from the volunteers.
Ms. Caldwell responded to Councilmember Cohen's question by explaining they have
interviewed Lisa Growette, and the board of directors has tentatively approved hiring her
as recommended by Ann Marshall. Upon approval by the Council, they will formalize this
offer. She felt Ms. Growette would have no problem stepping into the programming and
providing recruitment and training of volunteers from other communities. In fairness to the
program and new coordinator, she felt they needed to provide enough time for her to
5/26/92 -21-
become familiar with the advocates before the present coordinator leaves. Ms. Caldwell
pointed out tabling the matter until June will be cutting this valuable time quite short.
Councilmember Rosene explained he does not mean to inconvenience anyone, but had
anticipated being more accountable to residents with more information than what has been
provided. Ms. Caldwell commented in education how to make your ultimate decision on
what is best for the students, and in this case the ultimate decision must be made based on
what is good for the victims.
Councilmember Cohen indicated he is comfortable with moving forward and does not see
what will be gained by additional information. He suggested the information being
requested be provided for Council's review, but he felt the program was working well and
he does not want to jeopardize its continuing success.
Mayor Paulson supported continuing the program in its current form and tabling action until
staff can get bids, provide the tentative budget and visit additionally with volunteers.
Councilmember Cohen felt staff had already gone through the process of looking for other
alternatives.
RESOLUTION NO. 92 -125
Member Philip Cohen introduced the following resolution, moved its adoption and directed
staff to provide the Council with the tentative budget and resume of Lisa Growette:
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH BROOKLYN
PEACEMAKER CENTER FOR SERVICES RELATING TO DOMESTIC ABUSE
INTERVENTION PROGRAM
The motion for the adoption of the foregoing resolution was duly seconded by member Celia
Scott.
Councilmember Rosene indicated he will support the motion since the contract contains a
thirty day cancellation clause and the Council will be looking at the program again at the
end of the year. Also, the proposal will result in a $30,000 savings per year.
Mayor Paulson felt the Council had not been part of the process so he would prefer to see
the program continue as it is with funding from the Contingency Fund until all possible
options can be researched and reviewed.
Vote: Three ayes, one nay. The motion passed. Mayor Paulson voted nay and
Councilmember Pedlar was not present, having excused himself from the meeting at the start
of this agenda item.
Councilmember Pedlar returned to the meeting.
5/26/92 -22-
The City Manager presented a Resolution Authorizing Execution of Lease Agreement with
Weis Asset Management, Inc. for Use of Storefront at Humboldt Square Shopping Center
for Police Department Substation. He explained the proposal is to establish a substation at
the Humboldt Square Shopping Center. Initially the substation will be staffed from 7 to 10
p.m., Tuesdays through Saturdays. These officers will also be responsible for staffing the
substation at 74th and Regent and the mobile substation which will be manned in various
parks and neighborhoods evenings from 4:30 to 6:30 p.m. Police Captain Kline added they
have met with tenants of the Humboldt Square Shopping Center who support the proposal.
With regard to the rent, the City Attorney indicated it will be $1 per year with the City
paying for one -half of the utilities. He reported Klem Springer of Weis Asset Management
graciously met the City's requests with regard to the lease agreement.
Councilmember Scott stated she received calls from several tenants who indicated their
support of the proposal. She felt the creation of this substation would help solve some
problems in this area and provide good community relations with the Police Department.
Councilmember Rosene concurred and complemented staff for their work on this matter.
With regard to volunteers, Police Captain Kline encouraged residents and Council members
to volunteer their time towards this effort. He indicated they will be sending out flyers that
request volunteers and provides for that process. Councilmember Rosene relayed a concern
he received from a resident about havin g to take officers off of the street to man the
substations. Police Captain Kline stated volunteers are welcome. It was noted Officer Steve
McComb can be contacted by Crime Watch Groups who want additional information.
RESOLUTION NO.92 -126
Member Dave Rosene introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH WEIS
ASSET MANAGEMENT, INC. FOR USE OF STOREFRONT AT HUMBOLDT
SQUARE SHOPPING CENTER FOR POLICE DEPARTMENT SUBSTATION AND TO
AMEND THE 1992 GENERAL FUND BUDGET TO FUND THE SUBSTATION
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
ADVISORY COMMISSIONS' ENABLING RESOLUTIONS (CONTINUED)
OPTION 3
Councilmember Scott suggested Option 3 be revised to indicate the Council will = to
achieve geographical, gender religion, ethnic, racial, age, handicapped, etc. distribution so
it does not limit someone because they are not in the right gender, race or location. She
supported the proposed language as long as it is noted that geographical distribution is more
important with some commissions than it is with others.
5/26/92 -23-
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A lengthy discussion ensued regarding the need to divide the community into geographical
areas similar to those used with the Planning Commission which is divided into six districts.
It was noted that park districts are based on location of parks.
Mayor Paulson asked if district boundaries should also apply to Council members.
Councilmember Cohen indicated that is not the issue at hand, however he feels Council
members are elected at large so everyone has a chance. With other commissions and
boards, he felt the Council needed to assure the membership represents the entire City.
Mayor Paulson requested language changes to include the Mayor and City Council
There was a motion by Councilmember Scott and seconded by Councilmember Rosene to
approve Option 3 as follows:
Representation Requirements Due regard shall be given by the Mayor and City Council
in appointing Commission members which will take into consideration geographical
distribution within the City, as described in Subdivision 10, and the representative nature of
the Commissions in terms of gender, religion, ethnic, racial, age, handicapped, employee and
employer groups.
At Councilmember Pedlar's request, Councilmember Cohen expounded on the possibility
of dividing the community into six districts similar to that used with the Planning
Commission so geographical balance is not left to chance. Mayor Paulson agreed
configuration of boundaries, keeping with neighborhood boundaries, will provide consistency
and uniformity. The Personnel Coordinator provided a further review of how the various
commissions use districts. The City Manager pointed out the Drug Awareness Group has
no districts since it includes outside membership representatives.
resentatives.
P
Councilmember Pedlar indicated support of districting which he felt would address
eo ra hi
g g p cal distribution and provide opportunity to have diverse opinions on the
committees.
Councilmember Rosene requested the motion on the floor be voted on and the matter of
districting be handled as a separate matter.
The motion passed unanimously.
There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen
directing staff to develop consistent district lines and determine current representation of
all commissions for consideration at the June 8, 1992, Council meeting.
It was noted if commission membership outnumbers districts, the remaining members will
be appointed at large. Existing membership will be allowed t continue and replacement
PP g
o cot ue
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by district handled through attrition. The first priority for appointment will be geographical
district, but if no one is interested the position will be filled at large. The City Manager
agreed the policy needs some flexibility.
5/26/92 -24-
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The motion passed unanimously.
OPTION 2
To assure an open appointment process, Councilmember Cohen supported a procedure
where vacancies are made known including posting for a thirty -day period before action is
taken by the Council. Notice of the vacancy should also be sent to the newspaper and
advertised on Cable TV. Councilmember Cohen also suggested the application form be
revised to request more information regarding the applicant's area of expertise, etc. He also
supported a policy where the Mayor presents the nominee at a regular Council meeting and
the Council acts on it at the following meeting.
Mayor Paulson requested the term "Mayor" remain in the appointment procedure.
Councilmember Cohen concurred.
There was a motion by Councilmember Cohen and seconded by Councilmember Scott to
approve Option 4 as presented with the addition of: "...shall inform the Mayor and City
Council of such automatic resignations..."
Councilmember Scott requested a procedure be followed where copies of the applications
are forwarded to the Council for review.
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
amend the motion to add the following: " ... and must be submitted in writing to the City
Clerk who shall forward copies of applications to the Mayor and Council
Mayor Paulson clarified it will be staff's responsible to forward these applications. The City
Manager suggested it be the responsibility of the City Clerk's office. He indicated staff will
draft resolutions incorporating the amendments for the Council's consideration. The City
Manager stated staff will also revise the application form as suggested by Councilmember
Cohen so it includes more information.
The amended motion passed unanimously.
ADJOURNMENT
There was a motion by Councilmember Cohen, and seconded by Councilmember Pedlar to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council
adjourned at 12:02 a.m. on May 27, 1992.
Deputy City Clerk Todd Paulson, Mayor
Recorded and transcribed by:
Carla Wirth
Northern Counties Secretarial Services
5/26/92 -25-