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HomeMy WebLinkAbout1992 06-08 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 8, 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 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 Nancy Berg. OPENING CEREMONIES Dean Nyquist offered the invocation. OPEN FORUM Dan Morrissette, 1500 72nd Avenue North, addressed the City Council stating his concern over the recommendation by the Brooklyn Center Communications Task Force to hire a part -time Communications Coordinator. Mr. Morrissette stated he believed the elected officials are already paid to do that. Denis Kelly, 7130 Fremont North, addressed the City Council stating his wife served as a chaperon for Jackson Junior High at the swimming pool and slide, and everyone treated the group very well and professionally. The kids had a great time -- they hated to leave. COUNCIL REPORTS Mayor Paulson announced a Property Manager's meeting is scheduled for June 9, 1992, at 10 a.m. Councilmember Philip Cohen introduced a Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions. Councilmember Cohen stated his reason for bringing this issue to the Council table is the past and present tenor of dialogue regarding the current form of government, Council /staff relations and treatment of City employees. 6/8/92 - 1 - These issues have not only been raised at the Council table, but have also been the subject of questions and concerns by the residents and the business community. He requested the Council Secretary read the proposed Resolution into the record. Mayor Paulson preferred to allow more time for discussion and citizen input on this matter and suggested it be placed as a discussion item on a future agenda. Councilmember Pedlar indicated support of the resolution and suggested it be read for the viewing audience followed by Council debate. Councilmember Cohen reiterated his previous comments and agreed Council Reports may not be the proper place; however, he felt an urgency to address this issue. There was motion by Councilmember Cohen and seconded by Councilmember Pedlar for adoption of a Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions. Mayor Paulson declared a ruling of the chair that the previous motion was out of order. Councilmember Cohen requested a point of order on the ruling of the chair. Councilmember Pedlar seconded the appeal for ruling of the chair. Councilmember Scott suggested the resolution be read into the record to inform residents and the matter be brought back at the next meeting to provide time for public input. Councilmember Rosene concurred. The Council Secretary complied with Mayor Paulson's direction to read the proposed Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions. In response to Councilmember Pedlar's questions, Mayor Paulson indicated support of portions of the resolution and would like the opportunity to debate the entire issue. Councilmember Rosene also indicated support of the resolution but requested the matter be tabled to allow the opportunity to research references in the City Charter. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table consideration of a Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions to the June 22, 1992, Council Meeting when it will be considered as the first agenda item to provide adequate time for debate. The motion passed unanimously. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Cohen requested items 13g,131, and 13m be removed from the Consent Agenda. 6/8/92 -2- RESOLUTIONS RESOLUTION NO. 92 -127 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING SUBDIVISION 11 OF RESOLUTION NO. 91 -153 REGARDING THE COMMUNICATIONS TASK FORCE TERM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -128 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 06/08/92) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -129 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR IMPROVEMENT PROJECT NO. 1991 -07, CONTRACT 1991 -N, TRAIL REPLACEMENT AT VARIOUS LOCATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PURCHASE OF ONE (1) TRACTOR WITH BACKHOE AND LOADER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the following list of licenses: 6/8/92 -3- AMUSEMENT DEVICES = VENDOR Carousel Int'l. Corporation P.O. Box 307 Gary Rocchio 2001 Flag Avenue N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions Earle Brown Days Parade Brooklyn Center Lions Dudley Softball Tournament Brooklyn Center Parks & Rec. Earle Brown Days Parade Minnesota Mini Donuts Earle Brown Days (EBHC) Northland DeLite Earle Brown Days (EBHC) The Weiner Wagon Earle Brown Days (EBHC) MECHANICAL SYSTEMS Larson Mechanical 1509 Coon Rapids Boulevard Wenzel Htg. and A/C 1955 Shawnee Road RENTAL DWELLINGS Renewal: Jay Showalter 6742 -44 France Avenue N. Pat or Hal Gensler 5214 Great View Avenue N. Muchtar Sajady 7205 Perry Court East Gary Olson 3715 69th Avenue N. The motion passed unanimously. APPROVAL OF MINUTES MAY 26, 1992 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve the minutes of May 26, 1992, regular session as printed. The motion passed unanimously. MAYORAL APPOINTMENT - PLANNING COMMISSION Mayor Paulson indicated there were four applications for the Council's review. The City Manager added Karen Olson's application has not yet been received. Councilmember Pedlar announced there is also an outstanding application from the West Central District from Jack Kelly. Mayor Paulson moved to appoint Tim Wilson to the Planning Commission and requested Council's consent. Councilmember Pedlar preferred to delay appointments until the issue of districting was addressed. 6/8/92 -4- Councilmember Rosene briefly reviewed the pending applications complimenting each applicant on their outstanding qualifications, and indicated support of Mr. Wilson's appointment. Councilmember Cohen concurred with Councilmember Pedlar regarding the need to address redistricting prior to making any appointments. A brief discussion followed regarding the need for geographically balanced representation. The Director of Planning and Inspection responded to Council's question by indicating he does not anticipate a problem for the Planning Commission if a vacancy were to remain for a month or two. He informed the Council a compromise has been reached by the Planning Commission because Wallace Bernard at the urging of other commission members, has agreed to chair the Commission through the remainder of the year if the Commissions are authorized to elect their own chair. Council consensus was reached to table further discussion of this matter until the issue of redistricting is addressed later in the meeting. Councilmember Cohen pointed out the need to revise the application form to request more background information. Mr. Wilson submitted his resume for Council review. PRESENTATIONS BROOKLYN CENTER COMMUNICATIONS TASK FORCE RECOMMENDATION TO HIRE A PART -TIME COMMUNICATIONS COORDINATOR Dr. Fred Capshaw, Chairperson of the Brooklyn Center Ad Hoc Communications Task Force, expressed the Force's concern about the negative image being portrayed of Brooklyn Center and is proposing a recommendation that will send a message that Brooklyn Center is a good place to live and work. He stated the Task Force understands the financial constraints under which the City is currently operating. The Task Force recommends favorable approval of the proposed Communications Coordinator position. The Task Force agrees the number one priority for improving the image of Brooklyn Center is to better market the community's amenities (including the park system, shopping areas, schools, housing stock, businesses, etc.). The City has a substantial investment in its housing stock and businesses, and if these deteriorate, so will the tax base and funding available to pay for police, public works, and recreation services. The Task Force prioritized tasks for the proposed position and reduced it to part -time (20 hours /week). The main focus of the Communications Coordinator would be to market Brooklyn Center. This would be done in the following areas: coordinate communication with citizens; coordinate communication between staff and the public, coordinate employee communication, and coordinate marketing of the City. He added the EDA has also been involved in addressing these issues. 6/8/92 -5- The recommendation is revised from a full -time $40,000 a year position to a net ongoing expense of $14,400. Councilmember Rosene calculated the $14,400 a year equates to $.50 per year per resident, and is a minimal amount to expend if it keeps up property values and informs residents of surrounding amenities. He indicated support of the position due to the need to develop a positive image of Brooklyn Center. Councilmember Pedlar extended his appreciation to Dr. Capshaw and the Task Force for their work on this item. He recounted an editorial equating St. Paul's crime rate as being similar to Brooklyn Center and the similar impression shared by some residents. While Councilmember Pedlar conceptually supports the need for the position he expressed concern due to financial constraints the City is facing. Councilmember Rosene addressed other City services which are self - supporting and the possibility that this position may also pay for itself. Councilmember c ember Cohen concurred and indicated he supports the position in concept and suggested it be referred to the Financial Task Force with staff researching funding options. Councilmember Scott commented on the trend of negative newspaper coverage and the need to project a positive representation of Brooklyn Center and to correct mis- impressions. She felt staff has insufficient time to promote the City and expressed the need for a Coordinator experienced in print media. Dr. Capshaw emphasized a professional Communications Coordinator will exercise "damage control' by clarifying wrong impressions caused by a negative or misleading article. While he appreciated the City's fiscal restraints, he felt the proposal offered a proactive solution. Dr. Capshaw thanked staff, in particular Personnel Coordinator Geralyn Barone, for their excellent support. Mayor Paulson thanked everyone for their input and commented on his desire to create citizen involvement. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to accept in concept the Communications Task Force recommendation to hire a part -time Communications Coordinator and refer the recommendation to the Financial Task Force as part of their prioritization process per Dr. Capshaw's recommendation, to direct staff to look at all other communication functions within Brooklyn Center as part of the EDA, and to address options for funding this position ($14,400). Pat Boran, 701 Dallas Road, addressed the use of contingency funds for recurring expenses. Councilmember Cohen concurred and pointed out his motion directs staff to look at other communication functions the City is already funding. The motion passed unanimously. 6/8/92 -6- I PUBLIC HEARING INITIAL APPLICATION FOR A PRIVATE KENNEL LICENSE AT 5417 FREMONT AVENUE NORTH The City Manager explained Section 1- 105.5b requires the City Manager to approve or deny the kennel license application based on the Public Health Sanitarian's report and written comments within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners. The City Manager, after considering the report from the sanitarian and concern expressed by the public, denied the request for a private kennel license. Councilmember Scott questioned the number of incidents. The City Manager clarified the two police reports recorded the same incident - one dog bite. Councilmember Rosene pointed out a resident's letter also mentions a dog bite. Ms. Wilcox indicated she did not receive copies of the complaints. The City Manager explained while they are not distributed unless requested, they are available as part of the public record. Ms. Wilcox indicated she had nothing to add. Mayor Paulson opened the meeting for the purpose of a public hearing on the initial application for a private kennel license at 5417 Fremont Avenue North at 8:20 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 Pedlar to close the public hearing at 8:20 p.m. The motion passed unanimously. Councilmember Pedlar pointed out eight neighbors have expressed concern about noise and it appears the problem exists whether the dogs are in the house or outside. Ms. Wilcox stated the dogs are are always attended by her or her husband when they are outside. Mayor Paulson complimented staff on following this new procedure to review and provide due consideration to the applicant. Councilmember Rosene indicated support of the City Manager's decision and sympathized with the applicant regarding the removal of one dog. He asked if the applicant is provided an opportunity to correct complaint issues prior to denial. The City Manager commented the ordinance provision is designed to phase out kennel licenses. He suggested the Council consider allowing three to six months to remove the third dog. Discussion turned to rationale for limiting the number of animals per household and the option of phasing out the additional animal by allowing a resident to keep a third, older animal until it expires. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to affirm the City Manager's finding for denial and allowing the applicant six months to dispose of the third dog. The motion passed unanimously. 6/8/92 -7- I ORDINANCES The City Manager presented an Ordinance Amending Chapter 15 of the City Ordinances Establishing a Final Plan Fee. He indicated this ordinance amendment was offered for a first reading on May 11, 1992, published in the City's official newspaper on May 20, 1992, and is offered this evening for second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 15 of the City Ordinances Establishing a Final Plat Fee at 8:31 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 Cohen to close the public hearing at 8:32 p.m. The motion passed unanimously. ORDINANCE NO. 92 -07 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY ORDINANCES ESTABLISHING A FINAL PLAT FEE The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Establishing a Final Plat Fee. RESOLUTION NO. 92 -131 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A FINAL PLAT FEE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Philip Cohen, and the motion passed unanimously. The City Manager presented an Ordinance Amending Chapter 25 of the City Ordinances Establishing a Fee for Vacating a Street, Alley, or Easement. He indicated this ordinance amendment was offered for a first reading on May 11, 1992, published in the City's official newspaper on May 20, 1992, and is offered this evening for second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 25 of the City Ordinances Establishing a Fee for Vacating a Street, Alley, or Easement at 8:34 p.m. 6/8/92 -8- Graydon Boeck, 5601 Indiana North, asked if the City will be required to pay the fee if they initiate the vacation. He felt easements are most often for the public benefit and questioned why a resident should be required to pay the fee. Mr. Boeck also raised the issue of liability. The City Manager responded the City may pay a fee for the vacation of utility easement, however, it is at the Council's discretion. Regarding liability, the City Attorney clarified the City only becomes responsible if negligent. Mr. Boeck raised the issue of a lift station at the corner of 56th and Halifax Avenues. Councilmember Cohen indicated this issue is not addressed by the proposed ordinance and suggested staff look into easement concern expressed by Mr. Boeck and make recommendation for Council action. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to close the public hearing at 8:47 p.m. The motion passed unanimously. ORDINANCE NO. 92 -08 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES ESTABLISHING A FEE FOR VACATING A STREET, ALLEY, OR EASEMENT The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager introduced a Resolution Establishing a Fee for Vacating a Street, Alley, or Easement. RESOLUTION NO. 92 -132 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A FEE FOR VACATING A STREET, ALLEY, OR EASEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:52 p.m. and reconvened at 9:02 p.m. 6/8/92 -9- DISCUSSION ITEMS SAFETY COMMITTEE RECOMMENDATION TO CONDUCT AIR QUALITY STUDY OF CIVIC CENTER AND CITY GARAGE The City Manager indicated during the past year the Employee Safety Committee has reported a number of complaints relating to air quality and air flow in the City Hall, in the Community Center and at the City Garage. He explained staff attempted to do an in - house study of the air quality but found they do not have adequate equipment. The Director of Public Works reviewed the staff report outlining the Safety Committee's recommendation to accept Legend's proposal for this service. In response to Mayor Paulson's question, the Director of Public Works stated it is not possible to estimate the cost to correct possible problems prior to completion of the study. Councilmember Pedlar indicated support of the study since complaints and concerns have been ex and due to p ossible liability with OSHA ' Comp ensation. xP � p and Workmen's Com h' P Councilmember Scott stated very often the solution is inexpensive for indoor air quality. She was familiar with several companies who have hired Legend and found the cost of the study was paid for in one year due to increased employee productivity and health. The City Manager introduced a Resolution Establishing Project No. 1992 -14, Air Quality Stud of Civic Center and City Ga A in Accepting Proposal to Conduct Y ty p g p Co ct Study and Appropriating Funds Therefore. RESOLUTION NO. 92 -133 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1992 -14, AIR QUALITY STUDY OF CIVIC CENTER AND CITY GARAGE, ACCEPTING PROPOSAL TO CONDUCT STUDY AND APPROPRIATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion P assed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO RESIDENTIAL FACILITIES The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Relating to Residential Facilities for Council's consideration for first reading. The Director of Planning and Inspection reviewed the staff report as well as discussion and action taken by the Planning Commission regarding residential facilities. He explained the proposed ordinance adopts classifications for residential facilities contained in State Statute which include primarily "residential programs" and "nonresidential programs" as defined by Minnesota Statutes. The recommended ordinance deletes references to group residential 6/8/92 _10- programs or facilities as special uses in the multiple family residence zoning districts, The Director or Planning and Inspection responded to Council's questions by further explaining allowable uses in various zoning districts. Councilmember Scott pointed out the proposed ordinance simply brings Brooklyn Center into conformance with State Statutes. Also, it educates the public there are certain aspects the Council has no control over since they are regulated by the State through the licensing process. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Relating to Residential Facilities and setting a public hearing date of July 13, 1992, at 7:15 p.m. The motion passed unanimously. APPOINTMENT OF AD HOC TASK FORCE FOR THE BROOKLYN BOULEVARD PLANNING STUDY The City Manager reviewed the City Council has approved Dahlgren, Shardlow, Uban Inc. to conduct a planning study for Brooklyn Boulevard. This study involves an Advisory Task Force to assist staff and the consultant in the development of the study and its final recommendations. Included in the Task Force membership list were business community members, property owners along Brooklyn Boulevard, 9 to 11 residents of the area, members of the Planning Commission and neighborhood advisory committees abutting Brooklyn Boulevard. Staff is recommending Janis Blumentals, chair of the EDC of the Chamber of Commerce and Jack Lescault, Brooklyn Boulevard business owner, for membership on this Task Force. Mayor Paulson asked that a notice of these openings be posted so interested residents could submit an application and resume. He indicated this is the committee for residents who wish to promote Brooklyn Center. Councilmember Cohen suggested all advisory committee members also be notified to see if they are interested. Councilmember Rosene agreed and suggested special notice also be given to residents in the northeast and southeast neighborhoods and to newspapers. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve staff's recommendation and direct them to prepare a resolution creating a Ad Hoc Task Force for the Brooklyn Boulevard Planning Study, post the openings, notify advisory commissions, neighborhood advisory groups, the public and newspapers, and to appoint Janis Blumentals and Jack Lescault to this Ad Hoc Task Force. The motion passed unanimously. 6/8/92 PRESENTATIONS (CONTINUED FINANCIAL TASK FORCE RECOMMENDATION ON FINANCIAL MANAGEMENT POLICIES The City Manager introduced Financial Task Force members including Chair Dennis Kelly. The Finance Director provided a detailed review of the proposed Financial Management Policies including the purpose; objectives; financial management policies; capital improvement budget policies; revenue policies; debt policies; reserve policies; investment policies; accounting; auditing and financial reporting policies; risk management policies; operating budget policies; ethics policy role of auditors; and, the adequate general fund balance policy formula. Councilmember Cohen asked whether the City should continue to use certificates of indebtedness for major expenditures or if cash should be used. The Finance Director responded this matter is being reviewed in light of the removal of levy limits. Mayor Paulson emphasized whenever user charges and fees are determined to be appropriate for City services, those charges and fees should generally be established at a level which will recover the full cost of providing the service, including administrative costs. Councilmember Cohen stressed the City should not commit any excess funds to future projects. Regarding municipal fund balances, Councilmember Cohen was concerned the State may look to these funds to cover their budget shortfall. He suggested the formula be clarified so it doesn't appear the City is trying to hide funds. He expressed his support for the policy recommendations and thanked the Task Force for the great deal of time spent on this recommendation. The Finance Director pointed out the proposed policy will prohibit the City from using excess fund balances for next year's budget. Task Force member Pat Boran agreed with Councilmember Cohen regarding potential for excess funds and added the Task Force debated this issue at length. He pointed out the proposed policy is considered long -term and not only one year. Because of this, it is important not to totally commit excess funds from future budgets. He felt the policy provides some flexibility to deal with issues that occur between fiscal periods, which is why the 50 percent limit is included. However, the Council can make exceptions. Councilmember Pedlar, Council liaison to the Task Force, complimented the members of the Task Force and staff indicating they did a nice job. Councilmember Rosene added his compliments and suggested residents should stop them in the street and praise them for a job well done. Mayor Paulson thanked the Finance Director and the Task Force for this work on this recommendation. A motion was made by Councilmember Cohen and seconded by Councilmember Rosene to accept the Financial Task Force recommendation on Financial Management Policies and extend the Council's deep and sincere appreciation to the Task Force. The motion passed unanimously. 6/8/92 -12- The City Manager felt the changes being recommended will be more vivid once the Council reviews the 1993 budget, especially as it relates to use of general fund balances which will result in a $300,000 shortfall. Councilmember Cohen suggested this policy be send to State Legislatures to advise them of the City's action. ANNUAL FINANCIAL REPORT - AUDITOR'S REPORT The Finance Director presented the annual financial report in accordance with Minnesota Statutes and the City Charter. He explained Barbara Dickman was unable to attend and introduced Tom Smoody and Cliff Hoffman of Deloitte & Touche. He thanked the Mayor and Council members for their support as well as the auditors for their assistance. Cliff Hoffman reviewed details of the annual financial report including operating fund status, general fund balance components, comparison of number of households to number of City employees, summary of full -time employees, general fund expenditures, selected performance ratios, general fund revenues, general fund revenues /expenditures per household (3.8 to 2.45 for an average household), debt activity, general obligation bond ratings (Al), debt service schedule,, management practices to avoid, and where your State dollar goes (Minnesota general fund spending). Tom Smoody continued to review the comprehensive annual financial report, the Certificate of Achievement given to the City of Brooklyn Center (which only one percent of the cities receive) and the auditor's report. Mayor Paulson asked why the cash -flow account is in a non - interest bearing account rather than an interest bearing account. He asked staff review this matter, provide him with the figures and verify that a non - interest bearing account is still appropriate. The Assistant Finance Director explained the bank does provide this information and it consistently indicates the City, would pay more with an interest bearing account due to service charges. Tom Smoody reviewed Deloitte's Management Letter to the City and responded to Council's questions. He complimented the Council for following up on prior year recommendations and concluded his remarks by thanking City staff for their assistance. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to accept the Financial Report and Auditor's Report and direct staff to make recommendation on the Management Letter. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending Resolution Nos. 87 -87 and 87 -134 Regarding the Brooklyn Center Planning Commission. The Personnel Coordinator reviewed the proposed resolution pointing out it allows election of the chair by commission membership, geographic representation, and posting of vacancies. 6/8/92 -13- Also upon passage, all chair positions will expire and be elected at the commission's next meeting. Thereafter elections will be held at the first meeting of each calendar year. Mayor Paulson requested the term "nominee(s)" be changed to "nominee" in the second paragraph of page 2. The Personnel Coordinator responded the plural term allows the Council to respond to more than one vacancy. Mayor Paulson indicated he wanted to avoid confusion so it is understood Council members will receive copies of all applications; however, he will be presenting only one nominee per vacancy. With regard to effective date, Mayor Paulson felt September 1 or January 1 should be considered for consistency. The Personnel Coordinator reviewed when various commissions will be holding their next meetings. RESOLUTION NO. 92 -134 Member Philip Cohen introduced the following resolution (as amended) and moved its adoption: RESOLUTION AMENDING RESOLUTION NOS. 87 -87 AND 87 -134 REGARDING THE BROOKLYN CENTER PLANNING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. Councilmember Rosene indicated he will not support the motion on the floor because it results in termination of all chair e. ositions upon passage. P P P g There was a motion by Mayor Paulson and seconded by Councilmember Rosene to amend the resolution to indicate chair terms will expire September 1, 1992. Vote on the motion to amend: two ayes, three nays. The motion failed. Councilmembers Cohen, Pedlar and Scott voted nay. . i Vote on the original motion: three ayes, two nays. The motion passed. Councilmember Rosene and Mayor Paulson voted nay. The City Manager presented a Resolution Amending Resolution Nos. 68 -44, 69 -35, 71 -211, 74 -68, and 87 -132 Regarding the Brooklyn Center Human Rights and Resources Commission. RESOLUTION NO. 92 -135 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NOS. 68-44,69-35,71-211,74-68, AND 87- 132 REGARDING THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 6/8/92 -14- i The City Manager presented a Resolution Amending Resolution Nos. 73 -140, 75 -97, 77 -22, and 87 -131 Regarding the Brooklyn Center Housing Commission. RESOLUTION NO. 92 -136 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NOS. 73 -140, 75 -97, 77 -22, AND 87 -131 REGARDING THE BROOKLYN CENTER HOUSING COMMISSION 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 Amending Resolution Nos. 73 -25, 77 -52, and 87- 133 Regarding the Brooklyn Center Park and Recreation Commission. RESOLUTION NO. 92 -137 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING NOS. 73 -25, 77 -52, AND 87 -133 REGARDING THE BROOKLYN CENTER PARK AND RECREATION COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented a Resolution Amending Resolution No. 90 -121 Regarding the Brooklyn Center Drug Awareness Commission. RESOLUTION NO. 92 -138 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 90 -121 REGARDING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. MAYOR APPOINTMENT - PLANNING COMMISSION (CONTINUED Councilmember Cohen indicated although the applicants are well qualified, the Planning Commission does not contain representation from the Central or West Central neighborhoods. Councilmember Scott added the importance of the Brooklyn Boulevard Study and the need to have these neighborhoods represented. Mayor Paulson entertained a motion to nominate Tim Wilson to the Planning Commission. 6/8/92 - 15 - There was a motion by Councilmember Rosene and seconded by Mayor Paulson to affirm the nomination of Tim Wilson to the Planning Commission. Motion by Councilmember Cohen and seconded by Councilmember Pedlar to table appointment to the Planning Commission until applications are received from the Central or West Central neighborhoods. Mayor Paulson pointed out this matter has been tabled three times, and the Planning Commission will have to elect their chair without full membership. He asked if a decision will be reached at the next meeting. Councilmember Rosene felt Mr. Wilson has exceptional qualifications and it would be a loss to Brooklyn Center if the Planning Commission doesn't take advantage of his expertise. He felt this should take precedence over geographical distribution. Councilmember Pedlar reviewed Jack Kelly's background and expertise, indicating his application is pending. Councilmember Cohen suggest the Mayor review this application for consideration in his nomination. Vote on the motion to table: three ayes, two nays. The motion passed. Councilmember Rosene and Mayor Paulson voted nay. RESOLUTIONS - (CONTINUED) The City Manager presented a Resolution Amending the 1992 General Fund Budget to Provide Funds for Membership in the National League of Cities. Councilmember Cohen supported participation in the National League of Cities if the budget allows. RESOLUTION NO. 92 -139 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR MEMBERSHIP IN THE NATIONAL LEAGUE OF CITIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager introduced a Resolution Closing the General Obligation Tax Increment Bonds of 1982 Debt Service Fund and Transferring the Remaining Funds to the General Obligation Tax Increment Bonds of 1985 Debt Service Fund. 6/8/92 -16- RESOLUTION NO. 92 -140 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CLOSING THE GENERAL OBLIGATION TAX INCREMENT BONDS OF 1982 DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE GENERAL OBLIGATION TAX INCREMENT BONDS OF 1985 DEBT SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager introduced a Resolution Calling for Public Hearing to Amend Year XVIII of the Hennepin Urban County Community Development Block Grant Program. Councilmember Cohen stated even though the City Attorney has indicated a conflict of interest is not present because of his association with Mr. Strauss, Community Resource Partnership, he will not participate in the discussion or vote on this item. RESOLUTION NO. 92 -141 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR PUBLIC HEARING TO AMEND YEAR XVIII OF THE HENNEPIN URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, the motion passed: four ayes, one abstain. Councilmember Cohen abstained from voting. The City Manager introduced a Resolution Approving Specifications for a Request for Proposal and Authorizing Its Publication. It was noted Councilmember Cohen had declared a conflict of interest and would not be participating in the discussion or vote on this item. RESOLUTION NO. 92 -142 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR A REQUEST FOR PROPOSAL AND AUTHORIZING ITS PUBLICATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, the motion assed: four ares one abstain. Councilmember Cohen abstained from p e voting. Councilmember Cohen returned to the meeting. 6/8/92 - 17 - The City Manager presented a Resolution Amending the 1992 General Fund Budget and Approving the Purchase of a Micro Computer. RESOLUTION NO. 92 -143 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF A MICRO COMPUTER 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 Land Disposition Agreement for 6730 Perry Avenue North. He indicated this is a housekeeping resolution regarding the restriction of the sale of the property for the construction of a single - family home for low and moderate income persons. Mayor Paulson declared a conflict of interest and left the meeting. It was then chaired by Pro tern Pedlar. RESOLUTION NO. 92 -144 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF LAND DISPOSITION AGREEMENT FOR 6730 PERRY AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, the motion passed: four ayes, one abstain. Mayor Paulson abstained from voting. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn enter City tY Council d' Cou c adjourned at 11:58 .m. J p Deputy City Clerk Todd Paulson, Mayor I Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 6/8/92 _18- I I _ -