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HomeMy WebLinkAbout1992 08-24 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 24, 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 Dave Kennedy, City Engineer Mark Maloney, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. OPENING CEREMONIES A member of the audience offered the invocation. OPEN FORUM Kenneth Hirte, 4113 61st Avenue North, addressed the City Council stating his concern over the cost of removing a diseased boulevard tree on his property. He told the Council his cost will be $152 and that the cities of Brooklyn Park, Crystal, Fridley and Robbinsdale do not charge their residents for diseased tree removal. The City Manager explained the City shares in half the cost for removal and the policy is in effect to benefit both the property owner and the City. He further explained this has been the program for many years and if the Council changes the policy there would be the problem of the expense to repay property owners who have paid their share in the past. Councilmember Rosene asked staff if Mr. Hirte could pay his share in installments. The Director of Public Works noted the policy is if the payment is less than $250, then payment must be made in a one -year period. If payment is larger than $250, it can be spread out over two years. He further explained the property owner has the choice of paying within 60 days after the work is completed, or allow it to be put on as a special assessment and pay it in 1993. 8/24/92 - 1 - Councilmember Cohen asked when this assessment would be certified and put on the tax roles if the property owner chose to delay payment. The Director of Public Works answered if the property owner chooses not to pay this year, the payment would not have to be made until 1994. The certification would be in the fall of 1993 and then payment will need to be made in 1994. Councilmember Cohen stated the property owner has asked the Council to take a look at this policy. The issue is the tree must be removed and the question is who pays for the removal. He suggested the Council decide if the policy is just as fair today as the day it was put into effect. Councilmember Rosene agreed with Councilmember Cohen that the Council should take a look at why this was established. Councilmember Pedlar also agreed with Councilmember Cohen but stated the Council must take into consideration the City has had a number of diseased trees removed and many property owners have paid their share of the removal. He stated before he could recommend the City change its policy, he would have to do some research. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen directing taff to bring impact f discontinuing - g g p t o property owner co payment to the Council. The Director of Public Works stated there should be two conditions: 1. The tree must come down as it is an infectious tree. 2. The payment by Mr. Hirte be put on hold and if the Council reaffirms the policy, then Mr. Hirte would have 20 days from date of reaffirment, to make payment or payment will go on the tax roles. I Councilmember Cohen explained he has paid to have diseased trees removed from his property, but in all fairness the Council will take a look at the policy. Councilmember Pedlar agreed with the recommendations of the Director of Public Works. He asked that the tree be removed and the matter be brought back to the Council the last meeting in September. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to add to the original motion to put a hold on the payment process, and the City will remove the tree in the meantime. The motion passed unanimously. 8/24/92 -2- The City Attorney added the Council will be considering at their next Council meeting the special levies for 1991. The Council will need to renew this diseased tree removal policy for 1992. COUNCIL REPORTS There were no council reports. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to add the Financial Task Force Recommendation Regarding City Council Salaries to the end of the August 24, 1992 Council Agenda. 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. None were made. Later in the meeting, consensus was reached to remove item 11h from the Consent Agenda. APPROVAL OF MINUTES AUGUST 10, 1992 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of the August 10, 1992, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -198 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1992 -21 TELEVISION INSPECTION OF SANITARY SEWERS, ACCEPTING PROPOSAL, AND APPROPRIATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -199 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 69791 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AUTHORIZING EXECUTION OF SAID AGREEMENT, AND APPROPRIATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8/24/92 -3- RESOLUTION NO. 92 -200 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 08/24/92) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -201 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING SCHEDULES B AND I OF THE 1992 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -202 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB AT THE LYNBROOK BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -203 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -204 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING HERITAGE FESTIVAL AS A CIVIC EVENT FROM OCTOBER 19 THROUGH OCTOBER 24, 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8/24/92 -4- RESOLUTION NO. 92 -206 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF EQUIPMENT AND AUTHORIZING TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -207 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JAMES P. LINDSAY 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 Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT Axiom Marketing Brooklyn Center Brooklyn Center Country Store 3600 - 63rd Ave. N. GARBAGE AND REFUSE COLLECTION VEHICLE Waste Management - Blaine 10050 Naples St. NE MECHANICAL SYSTEMS Pfiffner Heating & Air Conditioning 6301 Welcome Ave. N. RENTAL DWELLINGS Initial: Donald Steil, Dwaine Nelson & Harriet Berg 620 - 53rd Ave. N. Esam & Tamera El- Fakahany 1215 -1217 54th Ave. N. Renewal: Gary D. Anakkala 5412 - 5412 -1/2 Fremont Ave. N. James & Kathleen Utecht 5900 Washburn Ave. N. Ryan Lake Partners 3401 -3413 47th Ave. N. 8/24/92 -5 - SPECIAL FOOD HANDLING ESTABLISHMENT National ICEE 1600 Freeway Blvd. The motion passed ananimously. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 92011 submitted by Metropolitan State University which is a request for special use permit approval to allow an extension campus in a 1 p C A zoning distract in the office building at 6300 Shingle Creek Parkway. This application was considered by the Planning Commission at its August 13, 1992, meeting and approval was recommended. The Director of Planning and Inspection explained this is a request for a determination that a university campus i ty p s an allowable special use in the C1A zoning district and concurrently a request for special use permit approval to allow an extension campus of Metropolitan State University in the office building at 6300 Shingle Creek Parkway. He reviewed for the Council the recommendation of the Planning Commission. Councilmember Rosene stated the Council has a lot of supporting evidence and he is ready to go forward. Councilmember Scott stated she has received several calls from tenants in the building who expressed their approval of this project. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 92011 submitted by Metropolitan State University requesting special use permit approval to allow an extension campus in a C1A zoning district in the office building at 6300 Shingle Creek Parkway at 7:37 p.m. Daniel Kirk, Associate Vice President for Metropolitan State University, expressed his gratitude for the support and help of the City staff and asked if the Council had any questions. Mayor Paulson asked Mr. Kirk if the University will be ready to start classes this Fall. Mr. Kirk stated when the University receives the permit, it will begin immediately. Councilmember Rosene asked if the matter of adequate egress had been settled. The City Manager stated it was determined to not be a problem. It was noted that changes were made to classroom locations and a staircase was widened to eliminate any future problems. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to close the public hearing at 7 :40 p.m. The motion passed unanimously. 8/24/92 -6- There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission Application No. 92011 submitted by Metropolitan State University subject to the following conditions: 1. Special use permit approval acknowledges a university campus with up to 18 classrooms, occupying up to 16,605 sq. ft. of rentable space at 6300 Shingle Creek Parkway as contained in the applicant's plans and letter dated August 4, 1992. Any expansion or alteration of the proposed use beyond that contained in the aforementioned submittal shall require an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Students attending weekday, daytime classes shall not exceed 60 at any given time. The motion passed unanimously. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 34 of the City Ordinances Relating to Real Estate Signs. He explained it was offered for a first reading on July 27, 1992, published in the City's official newspaper on August 5, 1992, and is offered for this evening for a second reading. Councilmember Cohen asked that this Ordinance be reviewed in 12 months. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 34 of the City Ordinances Relating to Real Estate Signs at 7:42 p.m. He inquired if there was anyone present who wished to address the Council. Mr. John Kelly of the Building Owners and Managers Association expressed his and Mr. Kent Warden's support of this ordinance and offered to answer any questions of the Council. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 7:43 p.m. The motion passed unanimously. ORDINANCE NO. 92 -13 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATING TO REAL ESTATE SIGNS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. 8/24/92 -7- There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing the Planning Commission to review Chapters 34 and 35 of the City Ordinances in 12 months regarding the effectiveness of the real estate sign ordinance provisions. The motion passed unanimously. Councilmember Cohen thanked Mr. Kelly and Mr. Warden for their work with the Planning Commission. The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Relating to Administrative Land Use Permits. He explained this ordinance was offered for first reading on July 27, 1992, published in the City's official newspaper on August 5, 1992, and is offered this evening for a second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Relating to Administrative Land Use Permits at 7:46 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 7:46 p.m. The motion passed unanimously. ORDINANCE NO. 92 -14 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO ADMINISTRATIVE LAND USE PERMITS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS PART -TIME COMMUNICATIONS COORDINATOR POSITION The City Manager presented the part -time Communications Coordinator position to the Council. He explained the Financial Task Force recommended against funding the position in 1992 and suggested approval of it in 1993 only if there is an equivalent reduction in other General Fund operating expenses. He stated the Communications Task Force is asking the Council to reconsider funding the position in 1992. He indicated the 1993 budget proposal will include the part -time Communications Coordinator as an annual expense of approximately $21,000. Councilmember Pedlar asked if the Council approves the part -time position, is the Council circumventing the work of the Financial Commission. The City Manager replied yes it will. 8/24/92 -8 - Councilmember Rosene stated the capital outlay s about $8,200, which is available right Y g now, and the labor cost will be about $3,200 in 1992. He asked staff if the $3,200 is available. The City Manager responded affirmatively. Councilmember Rosene went on to state it seems everything is now in place to get this up and running. He noted there have been a number of times where a person in this position would be an asset to the City. Councilmember Cohen stated if the position is approved to begin in 1992, there is the assumption it will be approved in the 1993 proposed budget. He asked where this person will be housed and if it is possible to contract this position with another city. The City Manager replied yes, the City is looking into contracting with another city, Councilmember Scott stated she has a problem with starting the position in 1992, but has no problem approving it as a position in 1993. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the creation of the position and the reallocation of the Capital Expenditure Funds to purchase necessary office equipment and that this position be targeted to start in 1993. Councilmember Pedlar stated he understood the Council was drawing conclusions about the 1993 budget. He further stated in reviewing the budget process the Council needs to prioritize the staffing, programs and their functions. The Council has approved the concept but is saying the communications position has more importance than other positions that have been ear - marked for removal in 1993. The Council must look at the entire budget as a whole. He explained the Council is making a decision tonight that one position is approved and this is a mistake. The City Manager explained it is his understanding the Council has approved the capital outlay and is looking at the position early in the budget process. He further explained he would not consider purchasing the equipment until the Council authorizes the position. Councilmember Pedlar expressed concern about putting the cart before the horse -- one cannot purchase furniture unless you are going to put someone in the furniture. We must move this discussion through the budget process. Councilmember Rosene asked how many positions are ear - marked to be cut. The City Manager answered it is too early in the process to make that determination. The Finance Commission has suggested 4 to 7 positions. Councilmember Rosene asked if these positions are guaranteed to be cut. The City Manager answered some will probably be cut but there is no guarantee. Councilmember Rosene stated if, in the prioritization process, the Financial Commission decided these positions should be cut, the Council must review and discuss this. He reiterated the City does need a communications person. 8/24/92 -9- Councilmember Pedlar stated it is incumbent upon the Council to know which jobs are being considered for removal. Councilmember Rosene agreed it is necessary to know which positions are being considered for removal. Councilmember Scott suggested Councilmember Rosene withdraw his motion and substitute a motion that would say that $8,500 be reserved in the 1992 budget for equipment if the position is approved in the 1993 budget. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to withdraw the first motion, and substitute a motion to reserve $8,500 from the 1992 Capital Outlay Budget for the purchase of start -up equipment if the Communications Coordinator position is approved as part of the 1993 Budget. The motion passed unanimously. CONSIDERATION OF A NEIGHBORHOOD STREET IMPROVEMENT PROGRAM The City Manager introduced a Resolution Authorizing Preliminary Consideration of a Possible Neighborhood Street Improvement Program. He stated staff suggests the matter of considering such improvements be referred to the Earle Brown Neighborhood Advisory Committee. Councilmember Pedlar thanked the Director of Public Works for providing the Council with pictures of the streets involved. Councilmember Cohen informed the Council he had toured the West and East Humboldt areas where citizens had petitioned for street improvements in the 1960s. He suggesting taking of h e area and interviewing g p t residents on their satisfaction wi g th the project. He asked staff to bring this information back to the next Council meeting in September. Councilmember Scott suggested setting up meetings with residents in the Earle Brown neighborhood. The Director of Public Works informed the Council the subject has been discussed with the Earle Brown Neighborhood Advisory Committee. The Earle Brown Neighborhood Advisory Committee expressed an interest in expanding their committee b p e 50 to 60 more g y e residents of the S.E. neighborhood to explore this issue. The next meeting is scheduled for 7 p.m. on Thursday, September 17 at Earle Brown Elementary School. RESOLUTION NO. 92 -208 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PRELIMINARY CONSIDERATION OF A POSSIBLE NEIGHBORHOOD STREET IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 8/24/92 _10- RECESS The Brooklyn Center City Council recessed at 8:20 p.m. and reconvened at 8:35 p.m. SELECTION COMMITTEE REPORT REGARDING PROPOSALS RECEIVED FOR DEVELOPMENT OF A PAVEMENT MANAGEMENT PROGRAM The City Manager explained the City Council adopted Resolution No. 92 -152 which formally initiated the development of Brooklyn Center's Pavement Management Program. Proposals were solicited from consulting firms and a selection committee was then appointed to review the proposals. After conducting interviews, the selection committee recommended the firm of Braun Intertec Pavement Inc. Councilmember Pedlar asked if other cities using this system had been contacted. The Director of Public Works stated the cities had been contacted and they were satisfied with the systems. Councilmember Scott stated she had never spoken for the high proposal before, however Braun meets all the requirements. She further stated she believes this type of project is necessary and it should be done correctly. Mr. Erland Lukanen, from Braun Intertec Pavement Inc., presented an overview of what pavement management is and answered questions of the Council. The Director of Public Works explained the system will cost $56,000 initially and will probably be updated after 4 to 5 years. Councilmember Cohen asked if the program will assure that certain returns will be met. The Director of Public Works stated the program will give the City the best opinion as how to spend the City's maintenance moneys in the best way. The staff and Council will make the financial decisions. Councilmember Pedlar stated the City would be spending $56,000 to effectively, over a period of time, save money. He asked if staff or Braun could quantify how long this will take. Councilmember Scott stated it is a program to help the City best analyze where its money is best spent. It will contain basic information on our streets and enable us to make sensible decisions. Councilmember Pedlar agreed with Councilmember Scott in concept but stated he felt there is a need to justify this expenditure. He asked if there is data available from other communities to support and justify this system. The City Manager stated the streets have been kept at a pretty good level, however with this system staff believes it can be determined which roads should be reconstructed vs. general maintenance repairs. The Director of Public Works stated he is convinced by using this program the City can recognize a pay -back by the reduction in costs of maintenance. He predicted a pay -back time of two years. 8/24/92 Councilmember Pedlar stated he is not in any way disagreeing, but the City is talking about an expenditure of $56,000 that needs to be quantified. He further stated it is incumbent upon the Council to see data that supports the projected results. Councilmember Cohen asked Councilmember Pedlar if he could move forward on this issue this evening if staff agrees to provide information that supports their thesis. Councilmember Pedlar answered he presumes the data is available and will approve contingent upon receipt of this data. I Councilmember Cohen asked the City Manager and Director of Public Works what the timeline is and if it must be completed before bad weather. Mr. Lukanen responded for staff noting if Council waits until September, it can be done but it is difficult in the fall with the leaves and impossible if it snows. The City Manager suggested the Council authorize staff to proceed and to provide Council with supporting data within the week, staff will then poll each Councilmember by phone and if acceptable put it on the next Council agenda. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve the Resolution Accepting Proposal for Development of a Pavement Management Program, Improvement Project No. 1992 -17, and Allocating Funds Therefore with the contingency that the data on the pay -back as requested by Councilmember Pedlar be provided to the Council and the Council be polled prior to next Council meeting for approval at the September 14, 1992, City Council meeting. The motion passed unanimously. STAFF REPORT REGARDING DEVELOPMENT OF AN AREA EMERGENCY RESPONSE TRAFFIC MANAGEMENT SYSTEM The City Manager presented the staff report regarding development of an area emergency response traffic management system. He explained the North Medical Transportation Services has been in contact with City representatives to discuss possible installation of an Emergency Vehicle Priority System on traffic signals and emergency vehicles in the northwest metro area including the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, Minneapolis, New Hope, Plymouth and Robbinsdale. Councilmember Rosene asked if there is much of a chance that partial funding will be attained. The City Manager explained North Medical Transportation Services plans to submit an application for a federal grant to cover all costs of installing an ERM system in the north metro area. 8/24/92 - 12 - RESOLUTION NO. 92 -209 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A JOINT AND COOPERATIVE AGREEMENT FOR THE INSTALLATION OF AN AREA WIDE EMERGENCY RESPONSE MANAGEMENT SYSTEM BY THE NORTH SUBURBAN REGIONAL EMERGENCY RESPONSE NETWORK, AND ESTABLISHING IMPROVEMENT PROJECT NO. 1992- 23 FOR IMPLEMENTATION OF AN EMERGENCY RESPONSE TRAFFIC MANAGEMENT SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PROGRAM ALLOWING HIGH SCHOOL SENIORS TO SERVE AS NONVOTING MEMBERS ON CITY ADVISORY COMMISSIONS AND CITY COUNCIL The City Manager presented a program which will allow high school seniors the opportunity to serve as nonvoting members on City advisory commissions and the City Council. Councilmember Scott stated she thinks this would be a great experience for them; however, the Council meetings get very involved and very tedious, and the Council would be unable to stop and explain. Councilmember Rosene asked if confidential materials would be made available to students. He stated he likes the idea of having the students involved especially through City advisory commissions. Councilmember Cohen asked how it would work and stated it would be a good idea. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to instruct staff to poll city advisory commissions and establish a program for Council review. The motion passed unanimously. Mayor Paulson asked that his intern be involved in this process. There was a motion b Councilmember Rosene and seconded b Councilmember Y y Pedlar to consider the issue of Council salaries next. The motion passed unanimously. FINANCIAL TASK FORCE RECOMMENDATION REGARDING CITY COUNCIL SALARIES Mr. Escher, Financial Commission Chairman, thanked the Council for their confidence in the Financial Commission and explained the Financial Commission has not had time to evaluate this matter but will take on the task. He further stated it is the unanimous feeling of the Commission that this is not a second job and it is a service position. He requested City staff to do research on whether other cities or municipalities have developed a salary process that is fair for elected officials. He stated the minutes of the August 17, 1992, 8/24/92 - 13 - meeting of the Financial Commission reflect; that the Commission again recommends the salary compensation for the Mayor and City Council remain at the 1992 level. Mr. Ted Willard, 6825 Drew Avenue, addressed the Council stating he had served on the Council from 1962 to 1972. He explained he considered his service as voluntary in nature and as having its own rewards. Mayor Paulson recognized Mr. Dean Nyquist. Mr. Nyquist first read to the Council a statement from Mr. Tony Kuefler, who was unable to attend the meeting, as follows: "Having served 9 years on the Council myself, I have some opinions on the City Council salary issue. 1. The salary should not be so high as to attract candidates primarily just for the salary. In my opinion our community interests are better served by people interested in lending their time and expertise as a community service, in much the same manner as others volunteer their time to coach little league sports, serve on church or community service organization boards, etc. I feel the compensation should not be thought of as compensation for one's time, but rather compensation to cover some personal expenses incurred as a result of being a council person (i.e., mileage to and from council and commission meetings, etc.). 2. I favor a small salary adjustment every couple of years, rather than no adjustments - e is for 6 8 ears then in f ] y going or a large adjustment. Mr. Nyquist explained to the Council he also served as Mayor of Brooklyn Center but without any compensation. He said he is not suggesting this, but a Councilmember should not rely on the salary as a second income. It is a public service and should not be relied on as an additional income. Councilmember Pedlar thanked the Financial Commission for doing a fine job. He recommended the Council adopt Draft B as an amendment which will rescind the adopted salary increases scheduled to take affect on January 1, 1992, and provides for continuance of the current salaries for Mayor and Council. Councilmember Scott agreed to rescinding the salary increase; however, she stated the Council needs to come up with a plan for Council salary increases for the future. She would like to work with the Financial Commission to come up with something so the Council does not have to go through this so many times. Councilmember Rosene stated when the Council was discussing the salary levels of the department heads, it wanted to be careful not to send the wrong message. The Council wanted to give some increase because not to would be telling the department heads they are doing a poor job. Now the Council is doing that to itself. The Commission is not saying 8/24/92 -14- the Council does not need an increase, it is saying it does not have enough information. He stated he personally would like to give them some testimony. He asked if the Financial Commission would find it egregious to ask residents to pay a nickel more for a 5 percent increase each year which would still leave the Council $287.50 below what the average is right now. He stated the Council was remiss in the original amount and he apologizes for that. He suggested passing something small now, such as a 5 percent increase. He stated he is just asking for what is fair, not to get rich. Councilmember Pedlar acknowledged the remarks made by Councilmembers Rosene and Scott. He noted it is important to remember the Council is not grossly underpaid. The message the Council has sent to our citizens is that the Council is "gravy." It spends a great deal of time looking at City employee's salaries, and as the Council looks at employee salaries, he is sure they have many difficulties getting the things they need. He stated the Council should send back a message that it agrees with the Financial Commission, resolve this issue and move forward. He stated he will not debate a 5 percent increase and he is looking for a recommendation from the Financial Commission. Councilmember Rosene stated he does not agree with the Financial Commission. Councilmember Pedlar reiterated his agreement with the Financial Commission recommendation. He further stated the Council needs to develop criteria and to develop what the job is worth. Councilmember Rosene stated if the Council does not act before November, it will be January 1995 before any changes can be made and that would put an unnecessary burden on the Council to make up for lost time. Mr. Escher stated he had hoped he was very direct and the Council would understand clearly what the Commission was saying. The Council is responsible to the citizens. What it did was egregious. The Financial Commission had concerns about no action until 1995 and the Council is responsible for their own compensation. Councilmember Rosene asked if the Council is going to beat themselves to death over this. Mayor Paulson asked what percentage the increases are. Mr. Escher - answered approximately 50 percent. Mayor Paulson stated in the past the Council voted itself a salary increase. Now it must look at to what extent it is going to reduce the current level by and the Council must formulate a long -term salary policy. Mr. Escher reiterated the official position of the Financial Commission is for Council to retain its current salary levels. Councilmember Pedlar asked if, in fact, the Council were to pass a resolution, could there be a stipulation to move it on for a second reading based on criteria and recommendation of the Financial Commission. The City Manager answered the Council must establish a dollar amount. 8/24/92 -15 - Councilmember Pedlar asked if the Council develops an acceptable method for increasing salaries, can salaries then be increased as agreed by the Council and Financial Commission on January 1, 1994. The City Attorney stated he did not think this is possible. The City Charter states salaries are fixed by ordinance. No change in salary takes effect until after a municipal election. A salary increase must be done before the next election. There was a motion by Mayor Paulson to reduce the Mayor's salary by 50 percent and the Councilmembers' salaries by 45 percent from the current ordinance level which is effective January 1, 1993. The motion died for lack of a second. Councilmember Scott asked if the proper action would be to rescind the Ordinance and then propose a new Ordinance. The City Attorney answered the proper procedure is to amend the Ordinance. Councilmember Pedlar asked to make a comment on Mayor Paulson's motion. The employees received a 2.9 percent salary increase and he felt strongly the Council should back the Financial Commission recommendation. He did not think 5 percent is acceptable. He could accept a 2.9 percent increase. Councilmember Cohen stated a month ago the Council had a motion to rescind and it was tabled for Financial Commission review. He further stated he would like to take action to roll the salaries back and put the issue to a public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to accept the report of the Financial Commission with thanks. The motion passed unanimously. Councilmember Scott asked Councilmember Pedlar if he would be comfortable rescinding the Ordinance and approving a 2.5 percent raise in 1993 and a 2.5 percent raise f or 1 994. p o r � r r She further stated the Council needs to put a nominal raise in place to avoid this problem in the future. There was a motion by Councilmember Cohen and seconded by Mayor Paulson to remove from the table the discussion of Council Salaries. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Mayor Paulson to rescind the salary increase and to recommend a 2.5 percent salary increase in 1993 and a 2.5 percent salary increase in 1994 subject to the City Council and Financial Commission developing a plan for the future. Mr. Escher stated that percentage increases are very misleading. He suggested looking at a just salary for this day and age and giving a flat dollar increase. 8/24/92 - 16- There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to amend the motion to: Ordinance is amended to provide for the Mayor and Councilmembers an increase of $150.00 effective January 1, 1993 and an increase of $150 over that effective January 1, 1994. The motion passed unanimously. Denis Kelly asked that the minutes clarify the exact amount the salaries will be. Councilmember Rosene answered effective January 1, 1993, Councilmembers' salaries will be $5,150, and effective January 1, 1994, the pay will be $5,300.00. Councilmember Pedlar stated the Mayor's salary effective January 1, 1993 will be $7,150.00 and effective January 1, 1994 will be $7,300. SAFETY COMMITTEE RECOMMENDATIONS The City Manager explained the employee safety committee has recommended the scheduling of two training programs for City personnel that are not included in the 1992 budget. The City Council is being asked to consider approving funding for these programs. RESOLUTION NO. 92 -210 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO TRANSFER FUNDS TO PROVIDE TRAINING AND PERSONAL PROTECTIVE EQUIPMENT FOR EMPLOYEES AT RISK OF EXPOSURE TO BLOODBORNE PATHOGENS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager introduced a Resolution Amending the 1992 General Fund Budget to Transfer Funds to Provide Training on Defensive Driving. He stated the safety committee has also recommended that the City should schedule defensive driving training for those City employees who regularly drive City vehicles or their own vehicles while conducting City business. RESOLUTION NO. 92 -211 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO TRANSFER FUNDS TO PROVIDE TRAINING ON DEFENSIVE DRIVING The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 8/24/92 -17- 1993 PRELIMINARY PROPOSED BUDGET TO ADOPT THE 1993 PRELIMINARY PROPOSED BUDGET The City Manager presented the Preliminary Proposed Budget for 1993. He explained the proposed budget is designed to give the City Council sufficient information to establish a preliminary 1993 property tax levy and budget total by September 15, 1992, the certification deadline. The Finance Director reviewed the proposed budget and answered questions of the Council. I The City Manager stated he will have a schedule to the Councilmembers by next week and would also like to set up budget review work sessions. Councilmember Cohen stated he would like to have staff take a look at the code enforcement and inspection fees as a way of generating more revenue. Mayor Paulson expressed concern over an 8 percent increase in the tax levy. Councilmember Pedlar noted the levy amount cannot be increased after September 15, however, it can be decreased. Councilmember Rosene estimated the increase will cost the average homeowner about $2.32 per month. RESOLUTION NO. 92 -212 Member Philip Cohen introduced the following resolution and moved its adoption: i RESOLUTION ADOPTING THE 1993 PRELIMINARY PROPOSED BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. I RESOLUTION U ON NO. 92-213 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A PRELIMINARY PROPOSED TAX LEVY FOR 1993 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed. Mayor Paulson voted nay. 8/24/92 -18 - RESOLUTION NO. 92 -214 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PROPOSED TAX - CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed. Mayor Paulson voted nay. PLACEMENT OF 1% FOOD AND LIQUOR TAX QUESTION ON NOVEMBER 3 1992, GENERAL ELECTION BALLOT The City Manager presented the Placement of 1% Food and Liquor Tax Question on November 3, 1992, General Election Ballot. He presented the following revised schedule for Council consideration: 1. Establishment of the date of the public hearing (a public hearing is not required for this purpose but we recommend your consideration); 2. Public hearing notification process; 3. A process for polling City Council and Legislative candidates on their attitudes and opinions regarding this issue; 4. Direction to staff on the type of informational campaign the Council wishes to consider should they place the question on the ballot; and 5. Any other questions or concerns the Council may wish to consider. The City Manager further stated the next meeting of the Chamber of Commerce is scheduled for September 10. Councilmember Cohen stated the Council should move forward. He further stated the Council did pass a resolution encouraging Representative Carruthers to pursue this tax. He noted the Council has an obligation to move it along and get it on the ballot. Mayor Paulson stated he liked that the citizens will decide to impose the tax, and supports it placement on the ballot. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the revised schedule (as listed above). The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to establish a public hearing date of September 14, 1992. The motion passed unanimously. 8/24/92 - 19 - There was a motion by Councilmember Rosene and seconded by Councilmember Scott directing staff to send a letter to candidates and follow -up with a phone call. The motion passed unanimously. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF MINNESOTA FOR THE PURPOSE OF CONDUCTING THE FIRST STAGE OF A FOUR -CITY BUSINESS RETENTION AND LOCAL MARKET EXPANSION PILOT PROJECT There was a motion by Mayor Paulson and seconded by Councilmember Rosene to reconsider Item IIh of the Consent Agenda, and the motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table the Resolution Authorizing Execution of Agreement with the State of Minnesota for the Purpose of Conducting the First Stage of a Four -City Business Retention and Local Market Expansion Pilot Project until such time as the EDA Coordinator has satisfied Mayor Paulson's questions about this issue and then direct staff to poll the Council on this issue and then authorize for signature. The motion passed. Councilmember Cohen abstained. RESOLUTIONS (Continued) The City Manager introduced a Resolution Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 3, 1992. He presented three options for wording on the ballot: Option I: Shall the proposed Charter Amendment be adopted? Option II: Shall the proposed Charter Amendment which was published in the official newspaper ews er on 1992 and P P , 1992 be adopted? Option III: Shall the proposed Charter Amendment relating to the procedure for filling vacancies on the City Council by appointment or by special election be adopted? RESOLUTION NO. 92 -205 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION CALLING SPECIAL ELECTION FOR SUBMISSION OF PROPOSED AMENDMENTS TO CITY CHARTER AND FIXING FORM OF BALLOTS, NOVEMBER 3, 1992. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. Mayor Paulson stated the Council needs to be even more specific in the language of the ballot. 8/24/92 -20- There was a motion by Councilmember Rosene and seconded by Councilmember Scott to amend the motion by removing "by appointment or by special election be adopted" from the language of Option 3. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the motion as amended. The motion passed unanimously. 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 12:15 a.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 8/24/92 - 21 -