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HomeMy WebLinkAbout1992 01-13 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 JANUARY 13, 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 7:03 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, Public Works Coordinator Diane Spector, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Carla Wirth. OPENING CEREMONIES Elaine Bernards offered the invocation. Mayor Paulson announced the birth of his daughter, MacKenzie Claudette. EMPLOYEE SERVICE RECOGNITION PROGRAM The City Manager explained the Council recognizes the long -term contributions of employees on an. annual basis. While awards of less than 20 years were given out by department heads, the Council had requested the opportunity to distribute awards for more than 20 years of service. This is the 13th annual presentation by the City Council of service awards to City employees. The Finance Director provided a brief history of employee's service while Mayor Paulson distributed awards to Police Officer Richard Fryer, Police Captain Scott Mine, Police Officer Donald Spehn, Police Officer Richard Handy, and Public Works Superintendent Richard Schwab. RECESS The Brooklyn Center City Council recessed at 7:10 p.m. to enjoy a reception for these employees. They reconvened at 7:33 p.m. 1/13/92 - 1 - OPEN FORUM Mayor Paulson noted the Council had not received any 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. SELECT MAYOR PRO TEM Mayor Paulson explained a Mayor Pro tem needed to be appointed in the event he was absent. It was noted Councilmember Scott served as Mayor Pro tem during 1991. Councilmember Rosene commented this position had been appointed on a rotating basis. Councilmember Cohen stated he had served in this position in the past. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to appoint Councilmember Pedlar as Mayor Pro tem for 1992. 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. He requested item 9, Mayoral Appointments, be removed so a discussion could be held. APPROVAL OF MINUTES f DECEMBER 11. 1991 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the December 11, 1991, special session as printed. The motion passed unanimously. DECEMBER 16. 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the December 16, 1991, regular session as printed. The motion l passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -01 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 1992 -05, WELL NO. 3 SAND REMOVAL The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 1/13/92 -2- RESOLUTION NO. 92 -02 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1992 -06, WELL NO. 7 MAINTENANCE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -03 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF FIVE (5) COMPACT POLICE SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -04 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) COMPACT CARGO VAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -05 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LOWELL AINAS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID SKEELS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 1/13/92 -3- RESOLUTION NO. 92 -07 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING REPLACEMENT OF DAMAGED POLICE VEHICLE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -08 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF EQUIPMENT AND AUTHORIZING THE TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -09 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -10 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -11 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS AND CARRYING FORWARD CERTAIN APPROPRIATIONS TO THE 1992 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 1/13/92 -4- RESOLUTION NO. 92 -12 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 BUDGET TO PROVIDE FOR PURCHASE OF SIGNS AND CIGARETTE RECEPTACLES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -13 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF 20 PAGERS APPROVED IN THE 1992 FIRE DEPARTMENT BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: BOWLING ALLEYS Beacon Bowl 6525 Lyndale Avenue N. FOOD ESTABLISHMENT MN Korean Evangelical UMC 6830 Quail Avenue N. GASOLINE SERVICE STATION Davies Water Equipment Co. 4010 Lakerbreeze Avenue N. Duke's Amoco 6501 Humboldt Avenue N. Holiday #504 6849 Brooklyn Boulevard Howe Company 4821 Xerxes Avenue N. Humboldt Unocal 76 6840 Humboldt Avenue N. Neil's Total 1505 69th Avenue N. Northern States Power 4501 68th Avenue N. Osseo Brooklyn Bus Company 4435 69th Avenue N. SuperAmerica #4058 1901 57th Avenue N. Total Petroleum 6830 Brooklyn Boulevard Bill West's Service Center 2000 57th Avenue N. ITINERANT FOOD ESTABLISHMENT Boy Scouts of America Troop 299 4619 64th Avenue N. Brooklyn Center Lions 5312 N. Lilac Drive Orchard Lane Elementary 6201 Noble Avenue N. 1/13/92 -5- LODGING ESTABLISHMENT Marc's Budgeter Inn 6415 James Circle Days Inn 1501 Freeway Boulevard Holiday Inn 2200 Freeway Boulevard MECHANICAL SYSTEMS Wencl Services, Inc. 5325 West 74th Street POOL AND BILLIARDS TABLES CDL 1317 North Highway 169 Community Center 6301 Shingle Creek Parkway Days Inn 1501 Freeway Boulevard PUBLIC DANCE Days Inn 1501 Freeway Boulevard Holiday Inn 2200 Freeway Boulevard RENTAL DWELLINGS Initial: Virginia Keskey 5329 72nd Circle Renewal: RFCI Properties 6501 Brooklyn Boulevard Akbar Sajady 4207 Lakeside #326 Bertil Anderson 4207 Lakeside #336 Paula Brodin 1600 55th Avenue N. TAXICAB Town Taxi 2500 Washington Avenue N. #122 #142 TOBACCO RELATED PRODUCT Applebee's 1347 Brookdale Center Country Store 3600 63rd Avenue N. Duoos Brothers American Legion 4307 70th Avenue N. Duke's Amoco -6501 Humboldt Avenue N. F & M Distributors 5951 Earle Brown Drive Gift Shop, Too (Days Inn) 1501 Freeway Boulevard Holiday #504 6849 Brooklyn Boulevard Holiday Inn 2200 Freeway Boulevard Neil's Total 1505 69th Avenue N. Snyder Brothers, Inc. 1296 Brookdale Center SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue N. T. Wright's 5800 Shingle Creek Parkway Target 6100 Shingle Creek Parkway Total Petroleum 6830 Brooklyn Boulevard The motion passed unanimously. 1/13/92 - 6 MAYORAL APPOINTMENTS Mayor Paulson asked this item be tabled to allow more time to fill vacancies. Councilmember Scott asked if a delay will result in loss of quorum for some committees. The City Attorney responded appointees typically stay in office until a reappointment or new appointment was made and qualified to serve. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to table further consideration of mayoral appointments. The motion passed unanimously. DESIGNATE OFFICIAL NEWSPAPER The City Manager explained that an official public newspaper must be designated each year. Mayor Pedlar brought up the topic of having Council meetings telecast via cable TV. He had received comments from residents indicating an interest in being able to watch the meetings and suggested staff do some research to determine what equipment would be - needed. Councilmember Rosene expressed support of using cable TV to keep residents better informed but was concerned this may be intimidating to some who want to bring an issue before the Council. He suggested an "over- ride" devise be considered that could broadcast l audio but not a visual picture if so requested by the resident. Councilmember Scott stated she understood this concern, but felt it may not serve the intended purpose since the speaker was asked to state his name and address for the record. She agreed technology had advanced since cable TV was first considered. Councilmember Scott supported the Mayor's suggestion to have staff research options as well as funding. Councilmember Cohen also supported this issue and urged the Council to move expeditiously since funding was available. He expressed concern over inadequate newspaper coverage and quotes being taken out of context. Councilmember Cohen suggested a public hearing be scheduled to gather public input and representatives from cable TV be asked about timing, cost, and promotions. Mayor Paulson indicated funding was available from the cable franchise fees which he was willing to use as a way to look outward at residents' need to become informed and provide input. He felt televising the Council meetings would provide better communication and suggested a joint meeting with the communications committee also be scheduled. The Personnel Coordinator reported the Communications Committee will be meeting on January 29, and she will inform them of this matter. She added the Communications Committee was dedicated to providing the Council with a report on this matter as quickly as possible. 1/13/92 -7- There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to schedule a public hearing on January 27, 1992 to accept public input regarding televising council meetings on cable TV, a cable TV representative be invited, and requesting an article regarding this be included in the newspaper. The motion passed unanimously. With regard to designation of an official newspaper, Mayor Paulson asked what the qualifications were for the newspaper. The City Attorney responded it must be a legal publication as outlined under State Statutes including a certain number of inches of non - advertising text and weekly publication. The North West News was considered in the past but found it does not qualify since it publishes bi- monthly. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to designate the Brooklyn Center Sun -Post as the official newspaper for 1992. The motion passed unanimously. PUBLIC HEARING PUBLIC HEARING ON THE PROPOSED ISSUANCE OF GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1922A OF THE CITY OF BROOKLYN CENTER, MINNESOTA The City Manager stated a public hearing for public comment was required on the sale of bonds. Mayor Paulson opened the meeting for the purpose of a public hearing on the proposed issuance of General Obligation Tax Increment Refunding Bonds at 7:53 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing at 7:53 p.m. The motion passed unanimously. Bob Thistle, Springsted reviewed the four bids which were received, net savings and interest rate. He indicated the market had dropped which provided good timing for selling these bonds. Mr. Thistle recommended the Council award the bids to Norwest Investment Services, Inc. RESOLUTION NO. 92 -14 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $4,270,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1992A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 1/13/92 - 8 - After an introduction by the City Attorney, the Council thanked Barb Portwood for her assistance with these bonds. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE CITY COUNCIL'S REVIEW OF SITE AND BUILDING PLANS The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Regarding the City Council's Review of Site and Building Plans. He indicated first reading of this ordinance was approved by the Council on December 2, 1991. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the City Council's Review of Site and Building Plans at 7:56 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 7:56 p.m. The motion passed unanimously. Councilmember Cohen asked if applicants will be advised that substantially altering plans from those originally submitted and reviewed by the Planning Commission will result in the matter being referred back to the Planning Commission for their review and recommendation. The Director of Planning and Inspection indicated a statement regarding this policy will be included on the checklist that applicants receive before making application for site and building plan approval to assure the applicant was aware. Councilmember Cohen suggested the Planning Commission also cite this restriction to make sure it was clearly understood. Mayor Paulson stated he would rather see the use of the words "may refer" rather than "shall refer" to retain more flexibility, however, no change to the ordinance language was made. ORDINANCE NO. 92 -01 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE CITY COUNCIL'S REVIEW OF SITE AND BUILDING PLANS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. 1/13/92 -9- AN ORDINANCE ADDING SECTIONS 23 -601 THROUGH 23 -633 TO THE CITY ORDINANCES RELATING TO PAWNBROKERS AND SECONDHAND DEALERS The City Manager presented an Ordinance Adding Sections 23 -601 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers. He indicated first reading of this ordinance was approved by the Council on December 16, 1991. This ordinance states the fees for the two licenses and background investigations to obtain the licenses shall be set by Council resolution. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Adding Sections 23 -601 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers at 8:01 p.m. He inquired if there was anyone present who wished to address the Council. Jeff Stovike, 3201 Lakeside Avenue North, explained he was a real estate broker who was considering opening a consignment and pawn shop. He questioned the proposed fees. The City Manager replied the proposed license fee was $12,000 per year and the investigation fee was $1,500. Mr. Stovike commented it was his impression the City was trying to discourage pawn shops in Brooklyn Center. Councilmember Pedlar responded that while he had no real basis, he felt they may be a bad influence. Mayor Paulson explained staff was directed to research pawn shop fees established by other communities, which were found to be a wide range. The Council discussed the need for the City to establish fees to cover investigation, licensing, and enforcement costs. Councilmember Cohen indicated he made the motion to establish fees based upon information provided by staff from their investigation on other communities' experiences and fees. Councilmember Rosene asked if the proposed fees were so high they would discourage this type of business. He explained the Council's opinion was they would rather not have pawn shops or second hand dealers in Brooklyn Center due to the increase in residential crime rate that usually accompanies them. Mr. Stovike felt anyone going into this type of business should be financially capable of meeting the proposed fees. He agreed the fees would be more difficult to cover the first several years until the business was established. Mr. Stovike explained he had been involved in bartering and exchange of property so he understood the Council's concern. The City Manager indicated he would provide Mr. Stovike with a copy of the Council's previous minutes and other information regarding the proposed fees. 1/13/92 - 10- Councilmember Rosene asked Mr. Stovike if the Council's concerns were valid. Mr. Stovike stated he felt they were since stolen merchandise could be brought into the pawn shop, but an honest operator would immediately report this type of transaction to the Police Department who could then make an arrest. Mr. Stovike disagreed the immediate area of the pawn shop would see an increase in crime since the thief would probably chose to pawn the stolen goods in a different area. He added stolen merchandise will be sold regardless of whether in a pawn shop or on the street; however, with a pawn shop, the merchandise would be reported. Mr. Stovike indicated he would consider taking a petition around the area he was considering locating in to get input. No one else appeared to speak, so Mayor Paulson 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 8:14 p.m. The motion passed unanimously. ORDINANCE NO. 92 -02 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE ADDING SECTIONS 23 -601 THROUGH 23 -633 TO THE CITY ORDINANCES RELATING TO PAWNBROKERS AND SECONDHAND DEALERS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -15 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION SETTING FEES FOR PAWN SHOP AND SECONDHAND GOOD DEALERS LICENSES AND INVESTIGATIONS THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING WALL AND FREESTANDING SIGNS IN THE C2 I -1 AND I -2 ZONING DISTRICTS The City Manager presented an Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C2, I -1 and I -2 Zoning Districts. He indicated the ordinance was offered for first reading. 1/13/92 - 11 The Director of Planning and Inspection reported the Council discussed this amendment at its December 2 and 16, 1991, meetings. The proposed amendment reduces the amount of allowable wall signs in the stated zoning districts from the current 30% of the wall area to 15 %. This ordinance also establishes a provision to allow additional freestanding signs in these zoning districts provided the establishments agree to forego all other permitted wall signs and comply with various standards established. Councilmember Rosene asked if a sign incorporated into a sculpture would be considered a wall or free standing sign. The Director of Planning and Inspection responded it would be a free standing sign. He explained the ordinance indicates specifics for making this determination and also allows a sculpture to be considered a work of art rather than a sign. j However, it would be considered a free standing sign if the sculpture incorporates a business name. The zoning district was also a consideration. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve for first reading An Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C2, I -1 and I -2 Zoning Districts and setting a public hearing date of February 10, 1992, at 7:15 p.m. The motion passed unanimously. DISCUSSION ITEMS The Council concurred to discuss Community Reinvestment Act (CRA) documentation next due to members of the public present. Councilmember Cohen explained he would like to ask Mr. Slawson to address the Community Reinvestment Act (CRA) regarding documentation which requires banking institutions to provide communities with information on lending programs in their I communities. Mr. Slawson, President of Marquette Bank - Brookdale, agreed the CRA was a complex issue which was continually being amended. He reported community banks in Minnesota have received a satisfactory rating and five an excellent rating. Mr. Slawson reviewed what the bank could use money for and indicated his bank (the only community bank in Brooklyn Center) was working on excellence. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct the Finance Director to request documentation from lending institutions regarding CRA. The motion passed unanimously. RFP FOR EXECUTIVE COMPENSATION STUDY It was noted the Council discussed in December and approved the concept of conducting an analysis of compensation for executive personnel employed by the City. At that time they t asked staff to prepare a Request for Proposals (RFP). The City Manager reported staff identified three firms in the metro area, DCA- Stanton Group, Hewitt Associates, and Hay Management Consultants, which have a background and expertise in conducting this type of study. It was estimated the cost for the study could be $5,000 to $10,000. Councilmember Rosene stated he was not yet convinced of the need to spend additional money for a study of this type. 1/13/92 - 12 - Councilmember Pedlar pointed out several questions have been raised regarding staff salaries and whether executive salaries were proper compensation or excessive. The Stanton Survey shows salaries paid by different communities, but it fails to indicate salaries in relation to longevity, responsibilities, growth in the community, etc. Councilmember Pedlar stated he supports a compensation study so the Council could be assured they were compensating employees adequately for the good job they are doing. This information will also be important when recruiting for executive positions and in calculating compensation for the new Police Chief. In response to Councilmember Pedlar's question, the City Manager explained the consultant would work with staff regarding population, amount of development, type of responsibilities, number of personnel, demographics, etc. Councilmember Pedlar stated he felt the consultants will address these issues and the study was actually an investment in the community. Councilmember Cohen concurred and pointed out the current salary ranges were based on programming in the 1970s. He felt it was time for a compensation study to answer issues raised by the Council and to assure the public their tax dollars were being used for professional staff based upon solid facts. Councilmember Cohen added the City has a quality professional staff. Mayor Paulson reported he had heard a lot of comments from residents who were j supportive of what the Council was trying to do with maintaining salaries. He felt it was unfortunate this issue had created ill feelings with staff, but felt it was the duty of the Council to be efficient so he will vote against the recommendation. Councilmember Pedlar asked the Mayor if he opposes evaluation of executive salaries. Mayor Paulson stated he felt the Council needed to evaluate what the policy was rather than j what the salary is. The City Manager explained staff developed the RFP based on a model used to select a consultant for the pay equity analysis as well as Council's remarks and requests for information. Councilmember Pedlar stated he felt the consultant would look at job descriptions and responsibilities more than salary. He indicated he would like the opportunity to talk with human resources professionals regarding these issues so the RFP could be further refined and result in the desired end product. Councilmember Cohen pointed out a lot of time had already been spent discussing this issue. He supports a study being conducted by an unbiased professional which will provide a comfort level for everyone. Councilmember Cohen stated a study of this type is needed so the Council knows what the salary range is for the Police Chief position once he retires as well as for other replacement positions considered in the future. He expressed concern with the newspaper article which indicated the Council was trying to hold down salaries or not be fair, because if staff felt Council wants to hold down salaries, there may be talk about unionizing. Councilmember Cohen stated he felt this issue needed to be resolved expeditiously. Councilmember Pedlar agreed staff needed to be compensated fairly based on job description and responsibilities. 1/13/92 - 13- There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to table further consideration of an RFP for an Executive Compensation Study to the January 27, 1992, meeting allowing time for additional research. The motion passed unanimously. AN ORDINANCE RELATINGTO DEVELOPMENT OFA COMMUNITY FORESTRY WORK PLAN, AND POLICIES REGARDING PUBLIC TREE CARE The City Manager presented a draft ordinance relating to the development of a community forestry work plan. He noted establishment of a tree ordinance, along with designation of official Arbor Day celebrations, was the last formal step toward obtaining Tree City USA status which was essential in qualifying for many grant programs. The Public Works Coordinator presented a summary of the draft ordinance and various grant applications which could be considered once a tree ordinance was adopted. She explained another consideration would be the requirement for licensing or registration of tree trimmers to assure proper insurance and liability coverage. Councilmember Rosene stated he supports a licensing or registration program for tree trimming companies. The Public Works Coordinator recommended a registration policy be established, rather than a license, and the fee be established at $25 which was adequate to cover administrative costs. Councilmember Cohen commended staff for their research on this matter. Councilmember Scott asked why ornamental trees, such as Crab or Japanese Cherry, were not included for boulevards. She pointed out ornamental trees would not get too tall for overhead utility lines. The Director of Public Works explained ornamental trees often cause sight obstructions due to lower branches, but staff would review this further and provide a report for Council consideration. Councilmember Rosene stated he supports Councilmember Scott's suggestion and perhaps the City could require trimming of lower branches if they were causing a sight obstruction. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct staff to prepare an ordinance relating to the development of a community forestry work plan and policies regarding public tree care including a registration requirement with a $25 fee and additional information regarding the use of ornamental trees. Staff was also asked to provide information on applications for various grants. In response to Councilmember Cohen's question, the Director of Public Works explained the City's policy regarding tree trimming was to trim as much as necessary to allow maintenance equipment to pass through. The proposal was a continuation of existing policy, consolidation of a number of other policies and new information on fees. The current ordinance requires a fifteen foot sight triangle at corners, which was enforced on a complaint basis. The Public Works Coordinator reviewed the number of trees that could be planted as a result of the proposed tree program. The Director of Public Works indicated a summary of this will be provided to the Council at the next meeting. The motion passed unanimously. 1/13/92 - 14- STATUS REPORT REGARDING 69TH AVENUE STREET IMPROVEMENTS The City Manager explained the 69th Avenue Street project had three phases: 1) purchase of property, 2) soil correction through the park area, and 3) final construction. The Director of Public Works reviewed Short - Elliott - Hendrickson, Inc.'s (SEH) comments on the status report as well as staff's comments and recommendations. In regard to bus stop shelters at France Avenue, staff recommended the "site improvements" for the mid -block stop between France and Grimes Avenue be installed by the City as part of the project. MTC would then install the shelter. Councilmember Scott suggested a concrete pad also be installed for riders to disembark on rather than just the ground which could become muddy. She suggested planning be done to also provide a nice landscaped area. The Director of Public Works agreed additional planning should be done. He indicated staff would look at the two discharge locations and make recommendations to the Council. Councilmember Scott suggested the City install site improvements so the bus shelter could be completed as soon as possible and not cause a disruption to other landscaping being planned. Councilmember Rosene agreed. There was a motion by Councilmember Scott and seconded by Councilmember Rosene that the City install the site improvements (loading platform and sidewalk modifications) for the mid -block stop between France and Grimes Avenues as part of the project and MTC install a shelter free of charge. The motion passed unanimously. Next discussed was the sprinkler system options and costs. Staff recommended the installation of a sprinkler system on the medians so landscaping on the center median could be well maintained and provide maximum parkway impact. With regard to the two foot median maintenance strip option, staff felt the cost ($20,000 to $50,000) for a two foot wide strip behind all curbs on the center median was too high for the resulting benefit. This median maintenance strip would, however, provide a hard- surfaced strip behind the curb which would reduce the visual impact of annual die -out from salt, sand, and sun. Councilmember Rosene stated he supports watering the median and boulevard strips since property owners will also be keeping their area watered and well maintained. He also supported staff recommendation regarding the median maintenance strip "solution" out weighing the benefits. Councilmember Pedlar stated he also liked the parkway appearance, but felt a sprinkling system was labor intensive since it needed to be adjusted (so it does not water the pavement) and winterized. He added normal rainfall will keep the plantings green and the sprinkling system could not be used during a drought and resulting sprinkling ban anyway. The Director of Public Works felt sprinkling or some fashion of watering would be necessary to keep the median area green during the summer. Councilmember Pedlar expressed concern with the resident's impression of the City spending money to install and maintain a sprinkling system in the median of 69th Avenue. 1/13/92 - 15 - The City Manager pointed out MSA funds could be used towards this expense if installed as part of the project. Councilmember Cohen indicated he would support the installation of a sprinkling system if MSA funds could be used. He added the median on 85th Avenue enhances the area with its landscaping and flowers. He pointed out the sprinkling system does not need to be used all the time once landscaping was established. Councilmember Scott reminded the Council sodding and landscaping will be a substantial investment and watering will be important to assure its growth during the first few years. The Director of Public Works agreed and commented staff could develop a policy regulating use of the sprinkling system for the Council's consideration. Mayor Paulson indicated he felt the Council had decided to move away from the parkway concept, but he supported the sprinkling system if it will help bring back part of the parkway look. Councilmember Rosene questioned the impact of using MSA funding towards a sprinkling system. The Director of Public Works responded funds spent for a sprinkling system would not be available for another project. The City's MSA system covers twenty one miles of streets but he felt adequate funding would be available through the MSA system so it will not result in losing another project. Councilmember Scott stated she supports a sprinkling system to avoid situations like the Brooklyn Boulevard median which has become overgrown with weeds and the loss of evergreens Hennepin County planted on the east side of LyndaIe. She felt the City could develop a policy to judiciously use the sprinkling system. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the expenditure of $81,000 of MSA funds to install a sprinkling system in the center median, the north ten foot boulevard strip and north of the bituminous trail and to not install a two foot concrete median maintenance strip. Mayor Paulson asked if staff, after looking at other uses, recommended funding a° sprinkling system as the best use of the money. The Director of Public Works answered affirmatively. The motion passed unanimously. The Director of Public Works explained MNDOT had approved the installation of signals at the France Avenue intersection with MSA funding. Hennepin County DOT had advised they will participate in 50% of the costs of the Brooklyn Boulevard signal revision and will prepare an agreement on it. i 1/13/92 - 16- i The Director of Public Works reported SEH was coordinating meetings with private utility companies. The City was working with NSP to get cost estimates to bury the overhead power lines (estimated at $300,000). While it was desirable to bury both the feedermain and distribution line there were costs to the ro er owners. Regarding the under grounding P P tY g g g g of overhead service lines to property owners on the south side of 69th Avenue, staff recommended the City agree to pay for the direct costs ($400 to $1,600/house) for each of the houses where undergrounding of service was necessitated by the City's project, which was estimated to be eight or nine houses, but the property owners assume the additional $2 per month charge. The property owner will also have to pay NSP $2 per month extra charge from NSP if the line is placed underground. Staff plans to meet with property owners once Council's desires are known. Councilmember Rosene asked what benefit the home owner will receive in exchange for the $2 per month charge. The Director of Public Works responded the primary benefit will be aesthetics since the overhead wires and pole will be eliminated. Also, service would be more reliable with the new entrance box and breakers that meet Code requirements. In response to Councilmember Scott's question, the Director of Public Works explained NSP j charges an additional $2 per month for underground service because it was more expensive to repair than an overhead service. Also, the City would have to hire an electrician to change the box and entrance into the house. Mayor Paulson agreed underground lines will create more of a parkway atmosphere and would be best to do in conjunction with the project. Councilmember Pedlar suggested the seven properties involved be asked if they would cover the $2 per month charge. The Director of Public Works said staff will schedule two open house informational meetings with affected residents to communicate the benefits. I There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to pay for the direct costs for each house for placing the overhead service lines underground to the property owners on the south side of 69th Avenue. The motion passed unanimously. It was noted eleven of the existing trees could be saved by designing an independent grade for the east /west bound lanes between Halifax and France and Drew as well as seven trees on the north side of the road within the construction limits. The berm design was then reviewed with the indication the design was based on the preliminary landscaping layout presented in the summer of 1991. The Director of Public Works informed the Council SEH had indicated construction of the roadway thru the Palmer Lake swamp in 1992 was not possible because it was taking three to four times longer than originally predicted for the soils to consolidate. They feel it may be possible to construct that section of road in the fall of 1993 or possibly 1994 depending on how soon the required strength was developed. The Director of Public Works said the City staff will send a letter to property owners in this area to make them aware of this development. Council agreed. i 1/13/92 - 17 REPORT OF 1991 ACTIVITIES OF THE ADMINISTRATIVE TRAFFIC COMMITTEE The City Manager presented the report of 1991 activities of the Administrative Traffic Committee comprised of the City Manager, Director of Public Works and the Chief of Police. Councilmember Pedlar reported a resident had called him regarding a stop sign on 59th Avenue. The Public Works Coordinator indicated staff will address this issue within the next 30 to 60 days. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to accept the 1991 activity report of the Administrative Traffic Committee. The motion passed unanimously. A ZONING ORDINANCE AMENDMENT REQUIRING MINIMUM SEPARATION BETWEEN A 24 HOUR COMMERCIAL OPERATION AND CERTAIN RESIDENTIAL PROPERTIES The City Manager presented the Request for Council Consideration regarding the possibility of amending the Zoning Ordinance to prohibit late night /early morning or 24 hour operations which were in close P roximi ty to some residential areas. With regard to the Country Store, the Director of Planning and Inspection explained the 24 hour operation could continue, but the operation could not expand. If the 24 hour operation was stopped, they would have to wait for a two year period before they could start the 24 hour operation again. He pointed out if the ordinance does not affect any parcels, the Council will have to decide on the need for this language. The City Attorney agreed the City cannot be arbitrary in action that affects property rights. Councilmember Cohen stated he would not want to put any other property use at risk by addressing a specific area. He asked if a Special Use Permit could be used as an alternate to an ordinance amendment. The City Attorney pointed out the City already had this option for certain types of uses like service stations. He added the problem with most Conditional Use Permit applications was the conditions that must be met in order to be entitled to a permit were somewhat subjective, such as including the application must be consistent with the Comprehensive Plan. The ro osed use could not have an impact on the orderly P p P Y development of the neighborhood or cause a substantial reduction of property values of adjacent properties. The City Attorney pointed out these conditions were difficult to prove and uphold in court. The City Attorney explained it was not the proper use of an ordinance to stop a particular use on a specific property. The ordinance needed to apply to all similar property and situations. The Director of Planning and Inspection reviewed how the proposed criteria was developed. 1/13/92 -18 - j i Mayor Paulson pointed out an all night gas station/convenience store serving people primarily traveling through the community might not be acceptable to residents in an area, while a similar all night operation serving local residents or a particular neighborhood might be acceptable to nearby residents. He suggested this might also be a means of judging the suitability of the operation staying open all night. The Director of Planning and Inspection indicated this type of distinction would probably not be considered a legitimate land use distinction and might well be considered discriminatory by a court. He cautioned that distinctions should be drawn on the level of activity rather than the use of the operation. Councilmember Cohen asked if Council could consider the activity level of different parking lots, i.e., cars move in and out rapidly at an all night gas station but remain longer (Less activity) at a grocery store. The Director of Planning and Inspection indicated this type of consideration is based more on a land use distinction, however, he suggested these differing activity levels should be looked at in a broader perspective or in a more general manner. As an example, he noted that an all night retail operation such as the County Store might not normally generate as much traffic, noise, etc. during late night hours as a Cub Store, however, he would not suggest that the two operations be treated differently in terms of hours of operation because the activity levels at the County Store could change based on a change in marketing or operational strategy rather than the land use of the property. The City Attorney agreed and reminded the Council the language could always be reconsidered at a later date. He added staff was not suggesting changes because of a ground swell of activity but as a way of placing the City in the most defensible legal position for regulating late night operations close to residential areas. After a brief discussion, Council consensus was reached in favor of staff's recommendations as presented. There was a motion by Councilmember Scott and seconded by Councilmember Rosene directing staff to prepare an ordinance incorporating the eight options recommended in the staff report. The motion passed unanimously. The Director of Planning and Inspection asked if Council would like staff to send an additional notice for general comment. Councilmember Scott suggested an additional notice be sent to properties impacted by the proposed ordinance. Council agreed. MINNESOTA HOUSING FINANCE AGENCY (MHFA) BLIGHTED RESIDENTIAL PROPERTY ACQUISITION AND REHABILITATION PROGRAM The City Manager explained the Minnesota Housing Finance Agency (MHFA) was seeking applications for a new housing program titled Blighted Residential Property Acquisition and Rehabilitation Program. 1/13/92 - 19- The Assistant EDA Coordinator indicated the Program would provide state grant funds to finance acquisition and /or demolition of blighted properties, and to provide GAP financing for rehabilitation of blighted properties or construction of new housing on blighted properties. The maximum amount of a single grant award was $350,000. With this amount of funding, staff estimates the EDA could acquire and demolish approximately six blighted properties. Councilmember Scott stated she favors any program where the City could obtain grant money to clean up blighted property. The Assistant EDA Coordinator explained this new program was to provide out -right grants so he felt a lot of communities would be applying for these grants. In response to Councilmember Pedlar's question, the Assistant EDA Coordinator explained the blighted properties would be appraised in the low $40,000 to mid - $50,000. The grant funds would not cover administration, program or relocation costs, but CDGB designated funds could be used if relocation was necessary. Staff currently had an informal list of property considered blighted. Also, a blanket solicitation of the entire neighborhood could be done to generate interest. RESOLUTION NO. 92 -16 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE SOUTHEAST (EARLE BROWN) NEIGHBORHOOD FOR NEIGHBORHOOD PRESERVATION UNDER THE MINNESOTA HOUSING FINANCE AGENCY'S BLIGHTED RESIDENTIAL PROPERTY ACQUISITION AND REHABILITATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. CITY COUNCIL WORK SESSION AND SPECIAL MEETING SCHEDULE The City Manager reported staff had accumulated a listing of items to be considered for special Council work sessions in 1992. He added the School District was able to meet on February 3, 1992, and the Brooklyn Park Council on March 2 or 16, 1992. Council reviewed the list of topics and established the first and second, joint meetings with the Brooklyn Park City Council and School District school board, as priorities. The City Manager was asked to schedule the joint meeting with the School District on February 3, 1992, and with the Brooklyn Park Council on March 2, 1992 (optional date would be March 16, 1992). Council indicated a priority status for the Team Building Session and discussed the need for a facilitator. They would like to schedule this session over a weekend. The City Manager indicated he will obtain a list of facilitators that could be considered by the Council. Mayor Paulson stated he felt the Council needed to retain the final decision on agenda items and whether a facilitator will be used. 1/13/92 -20- Consensus was reached that a joint session with the Financial Task Force will be scheduled in April during budget discussions. FINANCIAL TASK FORCE RECOMMENDATION ON FINANCIAL SERVICE PRIORITIZATION PROCESS It was noted a copy of the minutes of the January 6, 1992, Financial Task Force meeting and a draft of a Financial and Service Prioritization Process for Brooklyn Center were submitted for Council's review. The City Manager pointed out it includes background, goals, methodology and sets a schedule to coordinate the budgeting process with the Council. Department heads would work out a strategy to cut their budget by ten percent, which would cut a little over one million dollars from the total budget. Staff would also provide Council with information on revenue enhancements. Councilmember Cohen commented the Financial Task Force had done a tremendous job and had an in -depth understanding of the budgeting process. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to approve the Financial Task Force recommendation and adopt the Financial and Service Prioritization Process. The motion passed unanimously. Councilmember Rosene stated he would also like to consider scheduling joint meetings with several commissions on the same night. 1992 BROOKLYN CENTER LEGISLATIVE PROGRAM The City Manager reviewed a list of issues which staff felt the Council may want to take specific action on to support and seek legislative change. Council reviewed the list and indicated a priority status for item 5, community revitalization legislation and item 6, legislation authorizing cities to create transportation utilities. The City Manager suggested this program be considered as a regular discussion item so staff could keep the Council updated on action by legislators. Council agreed. Councilmember Cohen indicated interest in other issues such as fiscal disparities, the Metro Housing Fund, Local Government Aid formula and transportation funding options. The City Manager pointed out the Council had contracted with Boland and Associates in the past to lobby on behalf of Brooklyn Center regarding social service and group home legislation. Mayor Paulson suggested the City add their support to the coalition developed to provide a unified front regarding transportation. He also indicated he was approached by people regarding the sewer development districts and asked staff to obtain more information on this matter since Brooklyn Center may be affected by it. Councilmember Cohen provided a brief explanation of this issue which was originated by Representative Orfield. 1/13/92 - 21 - In response to Mayor Paulson's question, the City Manager explained the proposed contract with Boland and Associates was the same as last year. Boland and Associates provides lobbying efforts, monitors all bills and keeps the City updated. Mayor Paulson reported he had been contacted by a person who indicated the City's lobbying effort was not effective and doing "more harm than help ". He questioned whether Brooklyn Center was "carrying the ball" on their own since other communities were not making any effort along these lines. Council briefly discussed the issue of group homes legislation and agreed the City needed to get out of the hearing process. Councilmember Cohen stated he felt contracting with Boland and Associates was `necessary since lobbying was a time consuming process and required specialized knowledge. He indicated he considered their rate of $75 per hour as being very reasonable. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the 1992 Legislative Program as discussed including additional issues Council raised and placing a priority on community revitalization legislation. Staff will prepare the bills for presentation to legislators. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve the 1992 contract with Boland and Associates. Councilmember Rosene indicated he will abstain from voting since the author was a school boardmember of the district he was employed by. Vote: Three ayes, one nay, one abstain. The motion passed. Mayor Paulson voted nay and Councilmember Rosene abstained from voting. RESOLUTIONS (CONTINUED) AMENDING 1992 PAY PLAN The City Manager explained the proposed resolution would result in eliminating two part- time sales positions at the Heritage Center and replacing them with a full -time sales position. The EDA Coordinator clarified it will replace two part -time positions and create two full time positions. Mayor Paulson questioned the provision for a communications coordinator. The City Manager responded this matter was being considered by the Communication Commission who will provide a recommendation for the Council's review. Mayor Paulson suggested this recommendation be submitted by February. 1/13/92 -22- RESOLUTION NO. 92 -17 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1992 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. CONSIDER RESOLUTION OF COMMENDATION FOR RICHARD 'BUD" SETZLER Councilmember Cohen reported Richard Setzler, Osseo City Clerk for 44 years, had retired. He suggested a resolution of appreciation be presented to him at the reception which will be held on Sunday, January 19, 1992. RESOLUTION NO. 92 -18 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD 'BUD" SETZLER, OSSEO CITY CLERK The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Ci Council adjourned at 11:31 p.m. �'— . Deputy City Clerk Todd aulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Services 1/13/92 -23-