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HomeMy WebLinkAbout1992 08-10 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 AUGUST 10, 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, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Ron Batty, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. OPENING CEREMONIES A moment of silence was observed. 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 announced the winners of the July recycling awards. He congratulated Eileen Gurny, Cliff Wendt, Elmer Noyd, Wayne Finley and Jeffery Brewer. Councilmember Rosene reported on Saturday he and several members of City staff participated in the Metro Paintathon. He complimented City staff for their participation p ty and suggested the Council approve a resolution of commendation for all who participated in this effort. Councilmember Rosene stated it has come to his attention that there were also groups from Marquette Bank, Telco Credit Union, and Norwest Bank participating in the Metro Paintathon. Councilmember Rosene suggested a resolution commending all participants in the Metro Paintathon in Brooklyn Center. 8/10/92 - 1 - RESOLUTION NO. 92 -188 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE 1992 PAINT- A -THON VOLUNTEERS FROM THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE, MARQUETTE BANK BROOKDALE, BROOKLYN CENTER HOUSING COMMISSION, AND CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION N 2- O. 9 189 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTIONS EXPRESSING APPRECIATION FOR THE 1992 PAINT- A -THON VOLUNTEERS FROM NORTHWEST BANK IN BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and 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 Pedlar requested items 7a and 12f be removed from the Consent Agenda. APPROVAL OF MINUTES JULY 30 1992 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of July 30, 1992, regular session as printed. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES: There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the Appointment of Election Judges for September 15, 1992, Primary Election and November 3, 1992, General Election as recommended by staff. The motion passed unanimously. 8/10/92 -2- RESOLUTIONS RESOLUTION NO. 92 -190 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO TRANSFER WORKER'S COMPENSATION INSURANCE PREMIUMS FROM THE UNALLOCATED DEPARTMENT TO THE OPERATING DEPARTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -191 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A TRANSCRIPTION MACHINE AND MICRO - CASSETTE RECORDER AND TRANSFERRING AN APPROPRIATION WITHIN THE 1992 ASSESSING DEPARTMENT BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -192 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF THREE LOCKING FILE CABINETS AND TRANSFERRING AN APPROPRIATION WITHIN THE 1992 ASSESSING DEPARTMENT BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -193 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR WEST RIVER ROAD LANDSCAPING, IMPROVEMENT PROJECT NO. 1990 -25, CONTRACT 1991 -A The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8/10/92 -3- RESOLUTION NO. 92 -194 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 08/10/92) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -195 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD J. SCHWAB The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilrimember Rosene and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Brookdale East Cinema 5801 John Martin Drive Days Inn 1501 Freeway Boulevard Ground Round 2545 Country Road 10 K -Mart 5930 John Martin Drive Kids R Us 5717 Xerxes Avenue North AMUSEMENT DEVICE - VENDOR Theisen Vending Company 3804 Nicollet Avenue N. GARBAGE AND REFUSE COLLECTION VEHICLES Borg Securing, Inc. 16463 Round Lake Boulevard Gallagher's Service, Inc. 1691 91st Avenue NE Hilger Transfer, Inc. 8550 Zachery Lane Midwest Grease Buyers, Inc. P.O. Box 26, Redwood Falls Nitti Disposal, Inc. 3291 Terminal Drive Randy's Sanitation, Inc. Route 342, Delano Super Cycle, Inc. 775 Rice Street Walz Bros. Sanitation, Inc. P.O. Box 627, Maple Grove Waste Control 95 West Ivy Avenue 8/10/92 -4- ITINERANT FOOD ESTABLISHMENT Brookdale Unocal 76 5710 Xerxes Ave. N. MECHANICAL SYSTEMS Northwest Sheet Metal 2136 Wabash Avenue RENTAL DWELLINGS INITIAL: James E. Shoultz, Gary F. Schultz 4214 Lakeside Ave. N. Brett Hildreth, Gerald Moss 5519 Lyndale Ave. N. Dan Whipp, Karen Barton 5127 E. Twin Lake Blvd. RENEWAL: Lloyd J. Waldusky Georgetown Park Townhouses Michael V. Nelson 6206 Brooklyn Boulevard Ron and Ruth Shodeen 5448 Dupont Ave. N. Roland Scherber 5243 Ewing Ave. N. James and Dawn Lundquist 5740 -44 Logan Ave. N. James and Dorothy Nelson 7110 Riverdale Road SIGN HANGER Signart P. O. Box 19669, St. Paul TAXICAB Blue & White Taxi 3307 6th St. N. Cab #585, #590 The motion passed unanimously. APPROVAL OF MINUTES Councilmember Pedlar requested clarification of the restructuring of police department management which was provided by the City Manager. Mayor Paulson asked the minutes reflect he was not present at the July 27, 1992 meeting. JULY 27, 1992 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of July 27, 1992, regular session as printed. The motion passed unanimously. 8/10/92 -5 - PRESENTATION MANAGEMENT SALARY STUDY REPORT FROM LABOR RELATIONS ASSOCIATES The City Manager presented the management salary study report stating the City Council has imposed a freeze on 1991 salary ranges for nine management positions in the City and has iven the affected employees a 2.9% incen ' incentive a increase g cease that has not n added pay t ee a ed to the base pay over 1991. He further stated the purpose of this action is to await the results of a comprehensive management salary study report. He introduced Mr. Cy Smythe of Labor Relations Associates. Mr. Smythe explained the Pay Equity Act quoting "... every political subdivision of this state shall establish equitable compensation relationships between female- dominated, male - dominated, and balanced classes of employees in order to eliminate sex -based wage disparities in public employment in this state. A primary consideration in negotiating, establishing, recommending, and approving compensation is comparable work value in relationship to other employee positions within the political subdivision." Mr. Smythe stated that Brooklyn Center is in compliance with Legislation. The Personnel Coordinator provided graphs for each of the nine positions showing a comparison between the actual wage earned by the Brooklyn Center employees and what subordinates in surrounding cities receive. Councilmember Pedlar expressed concern in some employment cases subordinates may earn more than their supervisors when the subordinate is paid for overtime. He further stated that based on this study there is an exception by increasing the maximum salary base by 10% for the supervisor. Councilmember Rosene stated it is possible in our City for a supervisor and a person being supervised, if they work enough hours, they could conceivably work the same number of hours and have the subordinate earn more than the supervisor. Mr. Smythe explained the Department of Employee Relations is not looking at the overtime right now, but probably will in the near future. He further explained the City of Brooklyn Center is in compliance with the Pay Equity Act. Mr. Smythe also discussed the rights of management employees to join a union and the possible impacts if this occurs. Councilmember Pedlar expressed concern about expenditures including salaries. He stated the City has a wonderful staff that does a very good job. He further stated he is concerned that the City is moving from comparable worth to discussion regarding a union and he is very sensitive to the comparable worth issue. The Council needs to move ahead and make a decision on the 2.9% increase as the City needs to have staff comfortable with their salaries. 8/10/92 -6- Mr. Smythe reiterated the City of Brooklyn Center has been doing a good job with concern to their compensation decisions. The City is in compliance with the law and is doing the kind of analysis that is found in major corporate offices. The City has developed a comprehensive system which meets the standard of the law and is in reasonable relationship with other jurisdictions. Councilmember Pedlar asked why there is a different number of cities surveyed for various positions. The Personnel Coordinator explained that some cities do not have the same positions Brooklyn Center has such as a full time Fire Chief with a volunteer department. Councilmember Scott stated she found the supplementary information sheets very helpful. Councilmember Rosene asked if the Council does go ahead with the 2.9% increase in the salary range, would this adversely affect comparable worth figures? Mr. Smythe answered no, it would not. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to direct staff to prepare a resolution amending the 1992 Pay Plan, Executive Plan, Schedule B to include a 2.9% increase to the salary ranges and a 2.9% pay increase to the base salary for the nine management positions in the City of Brooklyn Center. Councilmember Rosene stated there are three members of our City staff whose jobs are valued at 85 points and of these three only one is below the recommended number of points. He asked the City Manager to provide an analysis of why this position is rated lower. Councilmember Pedlar stated he is very comfortable with Mr. Smythe's presentation. He thanked the staff members and particularly the nine department heads for their patience. Councilmember Cohen stated the residents viewing the meeting on cable television or reading the minutes in the newspaper will now be assured City staff is being compensated fairly and taxpayers dollars' are not being treated lightly. He further stated that it has troubled him in some instances hourly employees are sometimes paid more than their supervisors. The motion passed unanimously. DISCUSSION ITEMS METROPOLITAN COMMUNITY COLLEGE - DISCUSSION OF LOCATING AN OFF - CAMPUS SITE IN BROOKLYN CENTER The City Manager presented a report requesting prior concept approval for a special use permit for Metropolitan Community College. He stated the unusual request is necessary if the required improvements are to be in place for the fall quarter. He explained the problem 8/10/92 -7- is educational uses are not listed as permitted in C -1A zones and using the normal process through the Planning Commission might not accommodate a fall quarter opening. The Director of Planning and Inspection reported that one of the main issues will be parking at the 6300 Shingle Creek Parkway building. He further reported that the property on which the building is located is zoned C -1A. This zoning district does not include educational uses as permitted uses and ultimately the City Council will have to make a determination that an educational use is similar to other permitted special uses in the C -1A zoning district. He noted that the Planning Commission would also be reviewing the details of this proposal at its Thursday, August 13, 1992, meeting. Councilmember Rosene stated he does not intend to establish a precedence by allowing prior approval, however this would clearly be good for Brooklyn Center. He further stated he did not believe that parking will be a problem. Councilmember Pedlar asked the Director of Planning and Inspection if, based on his expertise, he believed there was a problem with allowing Metropolitan Community College to locate an off - campus site in Brooklyn Center. The Director of Planning and Inspection replied he did not believe there was a particular problem, however, there are some details to be resolved which would be addressed with the Planning Commission's review and public hearing. Councilmember Pedlar stated this is a classic example of putting the cart before the horse. However, he did not want to encumber the Planning Commission. Councilmember Rosene pointed out that even though the people from Metropolitan g P P P Community College say they will make sure classes will not unnecessarily encumber parking, the Council should put it in the Special Use Permit. He further stated it seems like this is such a good match for this location. The City Manager assured Council they would only be giving a concept approval for the location of Metropolitan Community College tonight. Councilmember Cohen indicated he does not have a problem with the concept and the Council should go on record as supporting it. He felt the building owner would like to rent his property and the Council should move forward. Councilmember Scott ointed zoning onm amendments e dments are going o to have to be made. g g g a e. She stated concern that the Planning Commission's approval should very strictly limit the number of students during the day. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the concept of a Special Use Permit for Metropolitan Community College. 8/10/92 -8- Mayor Paulson stated he had talked with Mr. Kirk and Mr. Hoffman of Metropolitan Community College and agreed it sounds like a really good match. He stated this is a positive step that helps us create an educational aspect in Brooklyn Center. He further stated he does not believe parking will be much of a problem. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to amend the motion to include all considerations set forth by the Planning Commission be met by the applicant and both day and evening parking requirements be met. The motion to amend passed unanimously. The motion as amended passed unanimously. Mr. Daniel Kirk, Associate Vice President of Metropolitan State University, expressed his gratitude for the Council's consideration in this matter. RECESS The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9:09 p.m. ORDINANCE The City Manager introduced An Ordinance Rescinding Ordinance No. 91 -14 Regarding Certain Compensation to be Paid to the Elected Officials of the City of Brooklyn Center. He indicated this ordinance was first read on July 13, 1992, published in the City's official newspaper on July 29, 1992, and is offered this evening for second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Rescinding Ordinance No. 91 -14 Regarding Certain Compensation to be Paid to the Elected Officials of the City of Brooklyn Center at 9:10 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 Rosene and seconded by Councilmember Pedlar to close the public hearing at 9:10 p.m. The motion passed unanimously. ORDINANCE NO. 92 -12 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE RESCINDING ORDINANCE NO. 91 -14 REGARDING CERTAIN COMPENSATION TO BE PAID TO THE ELECTED OFFICIALS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. and the motion passed unanimously. 8/10/92 -9- DISCUSSION ITEMS (CONTINUED) CITY COUNCIL SALARIES The City Manager recommended this item be tabled until the Financial Commission recommendation is received. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to table consideration of City Council Salaries to the first Council meeting after receiving the Financial Commission recommendation. Councilmember Rosene expressed concern the recommendation could be delayed if an exact date is not set. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to amend the first motion to table consideration of City Council Salaries to the August 24, 1992, meeting of the City Council. The motion to amend passed unanimously. The motion as amended passed unanimously. SETTING DATE OF PRELIMINARY BUDGET WORK SESSION The City Manager stated he had contacted all members of the City Council regarding scheduling a date for a preliminary budget work session and it appears Thursday, August 20, 1992, is open for all Council members. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to set a special meeting on August 20, 1992, for a Preliminary Budget Work Session. The motion passed unanimously. RESOLUTIONS (CONTINUED) STATE RETIREMENT INCENTIVE PROGRAM The City Manager presented a Resolution Authorizing a Temporary Early Retirement Incentive Program. RESOLUTION NO. 92 -196 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A TEMPORARY EARLY RETIREMENT INCENTIVE PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8/10/92 - 10 - Councilmember Pedlar asked staff for clarification on why Ms. Quarve- Peterson is requesting $850 more to provide consulting services related to surveying the City's properties to determine compliance with the Americans with Disabilities Act. Councilmember Pedlar also asked if Ms. Quarve- Peterson will be developing a work plan. The Personnel Coordinator answered she is confident that Ms. Quarve- Peterson will be available to provide the work plan. She also explained Ms. Quarve- Peterson mistakenly thought the City leased office space at the Earle Brown Heritage Center and this was the reason her estimate was $850 lower than it should have been. RESOLUTION NO. 92 -197 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND AUTHORIZING ADDITIONAL FUNDS FOR CONSULTING SERVICES RELATED TO THE AMERICANS WITH DISABILITIES ACT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmember Cohen asked staff to include on a City Council agenda, as a discussion item, the Emergency Operation Plan sometime in the future. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :25 p.m. Deputy City Cler�O Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 8/10/92