Loading...
HomeMy WebLinkAbout1992 01-27 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 27, 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 7:04 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 Engineer Mark Maloney, EDA Coordinator Brad Hoffman, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Peggy McNabb. OPENING CEREMONIES Helen Jacobsen offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this evening and invited Edward Noble to address the Council. EDWARD NOBLE, 5117 XERXES AVENUE NORTH Mr. Noble advised the Council he is concerned with police and fire accessibility to the rear of the homes from Brooklyn Boulevard to Xerxes Avenue from 51st Avenue to 53rd Avenue. He requested a road be constructed for police and fire access to those lots so he can build a home on the land he owns. He felt the residents in that area are being charged for a service they need, but do not have. He stated it would be very easy to put a road through; however, the garages for the apartment building are currently in the way. Mr. Noble stated he is additionally concerned with the heavy truck traffic on Xerxes Avenue North. Mr. Noble concluded his address by advising the Council he has provided written information regarding his concerns to both Sy Knapp and Mark Parish. 1/27/92 - 1 - The City Manager advised the Council staff has been communicating with Mr. Noble on this issue, and he will provide the Council with a written summary of what has been communicated to date. Mayor Paulson inquired if there was anyone else present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson welcomed a group of Brooklyn Center seventh and eighth grade girl scouts working on their leadership badges by attending the City Council meeting. Mayor Paulson also welcomed Mr. Genelhotka, former concilmember and former city manager, Mr. Don Poss. Councilmember Rosene advised the Council he had recently observed the City's water rescue squad practicing underwater rescue maneuvers at Twin Lakes. He was very impressed with their abilities and felt confident they are very capable of doing an excellent job for Brooklyn Center. Mayor Paulson requested a copy of the minutes be forwarded to the members of the City's rescue squad noting Councilmember Rosene's observation and praise of their fine performance. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Cohen requested item 13a be removed from the consent agenda. Mayor Paulson advised the Council staff have requested item 13c be removed. Mayor Paulson also requested the minutes from the January 13, 1992, regular session be removed from the consent agenda. RESOLUTIONS F RESOLUTION NO. 92 -19 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING OFFER FROM ALL TELEPHONE SERVICE FOR THE PURCHASE OF OKI DISCOVERY SWITCH PHONE SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. 1/27/92 -2- LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the following list of licenses: BOWLING ALLEYS Lynbrook Bowl 6357 N Lilac Drive FOOD ESTABLISHMENT Maranatha Place 5415 - 69th Avenue N GASOLINE SERVICE STATION United States Post Office 6848 Lee Avenue N NONPERISHABLE VENDING MACHINES Iten Chevrolet Co. 6701 Brooklyn Blvd. Minnesota Vikings Food Service 5200 West 74th Street Graco 6820 Shingle Creek Parkway Group Health 6845 Lee Avenue N Hennepin County Service Center 6125 Shingle Creek Parkway Hiway 100 Health Club 4001 Lakebreeze Avenue N Schmitt Music 2600 Freeway Blvd. Zubaz 6707 Shingle Creek Parkway PERISHABLE VENDING MACHINES Iten Chevrolet Co. 6701 Brooklyn Blvd. Minnesota Vikings Food Service 5200 West 74th Street Graco 6820 Shingle Creek Parkway Group Health 6845 Lee Avenue N Hiway 100 Health Club 4001 Lakebreeze Avenue N Schmitt Music 2600 Freeway Blvd. Zubaz 6707 Shingle Creek Parkway SPECIAL FOOD HANDLING ESTABLISHMENT Brooklyn Center Liquor #1 1500 - 69th Avenue N Brooklyn Center Liquor #2 6520 Brooklyn Blvd. Brooklyn Center Liquor #3 1966 - 57th Avenue N Snyder Brothers Drug 1296 Brookdale Center 1/27/92 -3- TAXICAB Loon Service 6843 Colfax Avenue N #1 Suburban Yellow Cab Co. 3555 Fifth Avenue S #89 -S Town Taxi 2500 Washington Avenue N #77, #111, #118, #125, #127, #137, #138, #169 TOBACCO RELATED PRODUCT K -Mart 5930 Earle Brown Drive The motion passed unanimously. APPROVAL OF MINUTES JANUARY 13, 1992 - REGULAR SESSION Mayor Paulson noted the correct spelling of his daughter's name is MacKenzie. He also noted on page 11, the first paragraph, that he believed Councilmember Rosene asked Mr. Stovike if the Council's concerns were valid. He added he would like these corrections made to the minutes. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the minutes of January 13, 1992, regular session as corrected. The motion passed unanimously. MAYORAL APPOINTMENTS HUMAN RIGHTS AND RESOURCES COMMISSION Mayor Paulson reappointed Agatha Eckman and Kathleen Carmody to serve on the Human Rights and Resources Commission through December 31, 1994. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar authorizing Mayor Paulson's reappointments to the Human Rights and Resources Commission. The motion passed unanimously. PARK AND RECREATION COMMISSION Mayor Paulson asked that appointments to the Park and Recreation Commission be tabled for further consideration. HOUSING COMMISSION Mayor Paulson reappointed Neal Nelson, Robert Torres, Ernie Erickson, and Barb Jensen to serve on the Housing Commission through December 31, 1994. 1/27/92 -4- There was a motion by Councilmember Cohen and seconded by Councilmember Rosene authorizing Mayor Paulson's reappointments to the Housing Commission. The motion passed unanimously. PLANNING COMMISSION Mayor Paulson requested appointments to the Planning Commission be tabled for further consideration. NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION Mayor Paulson reappointed Bettilou Christopher to serve on the Northwest Hennepin Human Services Advisory Commission through December 31, 1993. There was a motion by Councilmember Scott and seconded by Councilmember Rosene authorizing the Mayor's reappointment to the Northwest Hennepin Human Services Advisory Commission. The motion passed unanimously. PRESENTATION BY AD HOC COMMUNICATIONS TASK FORCE Mayor Paulson introduced Dr. Fred Capshaw, President of North Hennepin Community College, and chairperson of Brooklyn Center's Ad Hoc Communications Task Force. Dr. Capshaw advised the Council he and the six task force members, Joel Andrewjeski, Jody Brandvold, Patricia Keehr, Gale Tollin, Susan Warner, and Mike Miller, have met three times to date. He stated they have drafted a preliminary report outlining the goals /purpose of the Task Force which is to assist Brooklyn Center in advancing communication between the City and its residents and work force based on the City's goals for information, involvement and identity. Dr. Capshaw reviewed each portion of the draft outline dated January 15, 1992, as contained in the Council members' agenda packets, and recommended the task force proceed with developing a communications plan based on these goals if approved by the City Council. Dr. Capshaw advised the Council members the Task Force is looking for a response to the outline and for some direction as to where the Council members felt the first and strongest emphasis should be placed. Dr. Capshaw advised the Council the Task Force unanimously supported broadcasting City Council meetings on cable television, and recommended starting with minimal expenditures and gradually improving the programming. Dr. Capshaw further recommended a full time communications position be created to market Brooklyn Center. He felt the Task Force should be involved in developing the job description for this position based on the communications plan. 1/27/92 -5 - Councilmember Cohen thanked Dr. Capshaw for chairing the Task Force and for the presentation, and recommended the Task Force consider holding a public information meeting to obtain input from the residents at this point. The Task Force and Council could then incorporate the information obtained at that public information meeting into the communications plan. In response, Dr. Capshaw supported the idea of holding a public information meeting; however, he indicated the Task Force is really looking for some input /direction from Council at this point. Councilmember Cohen requested that citizens have an opportunity to review the outline prior to the Task Force moving ahead with the plan. Councilmember Pedlar commended Dr. Capshaw for the fine work he and the other Task Force members have done to date and asked if they had discussed prioritizing the goals. Dr. Capshaw said they had not; and emphasized the Task Force's desire for direction from the City Council. Councilmember Scott expressed appreciation for the work of the Task Force and stated she felt the three portions of the outline -- information, involvement and identity -- are equally important, and need to be addressed simultaneously in order to be effective. She suggested Il i each Council member formulate his/her thoughts on the outline, and provide them to the City Manager who in turn can provide them to the Task Force prior to its next meeting. Councilmember Rosene also thanked Dr. Capshaw for his involvement. He felt Brooklyn Center has a lot to offer, and a lot of the City's residents are not aware of what is available to them. He expressed support of both the outline as presented and the creation of a full time communications position. He felt the City is certainly heading in the right direction in maximizing communication to its residents. Dr. Capshaw expressed enthusiasm in developing and implementing the communications plan to attract residents and jobs; to maintain property values; and to promote economic development. The plan also includes the development and implementation of a promotional campaign with a City slogan and logo to instill a positive image when people hear "Brooklyn Center." The Mayor stated he had reviewed minutes from the Communications Task Force meetings, and expressed appreciation that members of this Task Force, as well as members of all the City's commissions, are clearly advocates of the respective commission's purpose /function. Dr. Capshaw stated the communications plan should make Brooklyn Center an attractive place in which to live and do business, which in turn should increase revenues for the City. Councilmember Pedlar stated he was attracted to the "identity" portion of the outline as a priority because there are so many good things to promote in Brooklyn Center. He said when he sees "For Sale" signs on homes in the City he wonders why residents are moving. He hopes they are simply taking advantage of the current low interest rates and relocating 1/27/92 -6- within Brooklyn Center; but he is concerned with media portrayal of Brooklyn Center and Brooklyn Park as being high -crime areas. He has heard residents have left the community for that reason. He felt it would definitely be advantageous if the City could somehow verify why residents move from Brooklyn Center. In response, Dr. Capshaw stated a successful communications campaign can send good messages to residents and can counteract negative media reports. There was a motion by Councilmember Cohen and seconded by Councilmember Scott accepting the preliminary report of the Ad Hoc Communications Task Force. The motion passed unanimously. PUBLIC HEARING -- BROADCASTING OF CITY COUNCIL MEETINGS ON CABLE TELEVISION The City Manager advised the Council a public hearing had been scheduled to receive comments on a proposal to broadcast City Council meetings on cable television. A notice of the public hearing had been sent to all City advisory commissioners; the Northwest News and the Brooklyn Center Sun Post were asked to publicize the hearing. A notice had also been posted on cable television channel 37. He stated Mr. Dave Kiser of Northwest Community Television was present at the meeting to answer any questions. The City Manager presented the staff report, and reviewed the five lighting options as contained in the report. Staff and Council members discussed the five lighting options, as well as the possibility and likelihood of moving the Council Chambers to free up the existing space for much - needed office space in City Hall. It was agreed that if the Council agrees to move ahead with cablecasting, the most effective lighting option would be the interim lighting as detailed in option #2. Councilmember Pedlar expressed support of cablecasting the Council meetings, and suggested viewing some programming for quality before making any concrete decisions on lighting. Councilmember Cohen asked about a sum of money that had been provided to each metropolitan municipality by the Cable Commission to promote the cablecasting of city council meetings. In response, the City Manager stated the amount was $218,000, and it is in an interest- earning account. He added that while the Cable Commission provided the money to promote cablecasting, the cities were not legally required to spend it for that purpose. Brooklyn Center had purchased a new Counicl Chambers sound system with a portion of the funds. Councilmember Cohen also supported cablecasting Council meetings, and stated the importance of getting accurate information to residents is critical given the fact that elected officials are often misquoted in the media. He requested the Mayor open the public hearing to obtain input from residents on this matter. 1/27/92 -7- Mayor Paulson opened the meeting for the purpose of a public hearing regarding broadcasting of City Council meetings on cable television at 8:05 p.m. He inquired if there was anyone present who wished to address the Council. KRISTIN MANN, 5415 EAST TWIN LAKE BOULEVARD Ms. Mann recalled the issue of cablecasting Council meetings had been brought up a couple of years ago, and she stated she was pleased to learn the Council was once again considering cablecasting. recommended airing surrounding communities Council meetings, g g g, as residents can obtain useful information from those meetings as well as from Brooklyn Center Council meetings. She stated she would like to see the City Council meetings of Robbinsdale, Maple Grove, Plymouth and Golden Valley. Councilmember Rosene asked if there were any detriments to airing other communities' meetings. The City Manager said the only detriment is that it cuts into airing time of other g Y g local programming; and consequently, local program scheduling has to be worked out with the cable channel. The Personnel Coordinator advised the Council the Communications Task Force will be addressing the issue of program scheduling with Northwest Community Television. I Councilmember Rosene felt it would be beneficial for residents to see neighboring communities programming as well and felt it was a matter that could best be determined by residents. DIANE LERBS, 5107 EAST TWIN LAKE BOULEVARD Ms. Lerbs supported cablecasting Council meetings. She stated it would provide an excellent and convenient way in which residents can learn about issues the City Council is addressing. She said it is often difficult to get out at night, and cablecasting the meetings would be an 'excellent service to residents. The City Manager briefly discussed labor costs for camera operators and a director, as well as a supervisor for the first two or three meetings. The estimated annual cost for these services provided by Northwest Community Television based on twenty -four four -hour Council meetings is $2,100. DON POSS, 3212 - 65TH AVENUE NORTH Mr. Poss, city manager of the City of Blaine, advised the Council he had learned of the public hearing in the local press and wanted to share his cablecasting experience with the Council. The City of Blaine has been cablecasting its Council meetings for three years. He became acquainted with cablecasting when he attended his first Blaine City Council meeting as city manager. He learned at that meeting that an individual was and had been recording the proceedings on a camcorder, taking the film back to the studio, editing it, and airing it in the edited version hour after hour on the cable system in Blaine. After a couple of months it became clear a small group of residents was interested in seeing the Council meetings cablecast, and he persuaded the Council to do so. He felt cablecasting has greatly 1/27/92 -8- enhanced the structure and reputation of the Council. The feedback has been very positive; residents have observed a hardworking group of officials in a professional, well run meeting environment. He felt cablecasting the Brooklyn Center City Council meetings would easily promote the pride and positive identity Brooklyn Center is so worthy of. Mr. Poss concluded his address by stating Blaine began with simple fluorescent lighting above the Council members, and it works very well. He invited the Brooklyn Center City Council members to visit the Blaine City Council Chambers. RON CHRISTENSEN, 6101 JUNE AVENUE NORTH Mr. Christensen supported cablecasting. He felt it would: 1) keep the Council focused on the issue at hand; 2) prevent one member from putting a consensus on the entire group because viewers could see for themselves any differences of opinion and voting on motions; 3) eliminate misquoting of Council members in the media; and 4) increase resident interest in city government. JOSEPH MANN, 5415 EAST TWIN LAKE BOULEVARD Mr. Mann supported cablecasting both the Brooklyn Center City Council meetings and neighboring communities' council meetings. He asked about the need to purchase recording equipment. The City Manager advised Mr. Mann the City does have the necessary recording equipment. BERNARD ACKERSON, 53RD AND FRANCE AVENUES Mr. Ackerson asked if the Council meetings would be broadcast live or taped and aired at a later date. The City Manager briefly discussed the different broadcasting possibilities, and stated the meetings would most likely be broadcast both live and then repeated a few times throughout the week. Mr. Ackerson recommended an improved sound system be installed in the Council Chambers as he had trouble hearing and understanding the Council this evening. DAN REIVA, 1707 AMY LANE Mr. Reiva advised the Council he had spoken with Mayor Paulson about advanced broadcasting technologies. The City of Bloomington, for example, has an interactive technology system wherein residents can phone in and order just the information they want to see. At some point in the near future, residents will also be able to order video tapes of just the information they are interested in. He stated the advantage to this type of technology is that the City could easily track the types of information people are interested in having. In response to Councilmember Cohen's question as to the cost of such technology, Mr. Reiva stated it would cost approximately $10,000 to set up a good cablecasting system in the existing Council Chambers. The advanced type of interactive technology used in Bloomington would cost between $25,000 and $30,000. 1/27/92 -9- Councilmember Rosene suggested the new communications staff person could certainly respond to phone calls received during Council meetings if the Council would choose to offer that type of opportunity to its residents. Councilmember Cohen expressed continued support of cablecasting and stated that even if only 100 to 200 people tune in and those people in turn each talk to five more people about a City issue, the City would certainly be making communications progress. He asked the City Manager to check into the possibility of providing an incentive or subsidy for residents to hook up to the cable system to make it affordable to more residents. EDWARD NOBLE 5117 XERXES AVENUE NORTH Mr. Noble felt cable television is not affordable for most senior citizen_ s. He then made some offensive statements on the various races of citizens. Councilmember Cohen took exception to Mr. Noble's statements and asked the Mayor to entertain a motion to close the public hearing immediately. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to close the public hearing at 9 p.m. The motion passed unanimously. Mayor Paulson recommended the Council recommend to the Ad Hoc Communications Task Force the City begin immediately to cablecast City Council meetings. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing staff to proceed with plans to cablecast City Council meetings beginning with the February 10, 1992, - meeting. The motion passed unanimously. Councilmember Rosene suggested the Council members coordinate a time to visit the council chambers in Blaine, New Hope and Golden Valley as a group. He further recommended taking along a video camera to record the chambers for others to view. Following a brief discussion on staff needs to cablecast the meetings, there was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct staff to enter into negotiations with Northwest Cable Company to provide staff to cablecast the Council meetings. The motion passed unanimously. Mayor Paulson expressed the gratification he felt in seeing the Council members work so well together on this issue. RECESS The Brooklyn Center City Council recessed at 9:10 p.m. and reconvened at 9:33 p.m. LETTER FROM BARB SEXTON PRESIDENT OF THE LEAGUE OF WOMEN VOTERS Mayor Paulson read a letter he had received from Barb Sexton, President of the League of Women Voters expressing support of Cable Casting Brooklyn Center Council meetings. COUNCIL REPRESENTATION AT FUND - RAISING EVENT Mayor Paulson suggested the Council members consider a policy on City representation at fund- raising events. He recommended the Council discuss it at a future meeting. 1/27/92 - 10- RESOLUTION HONORING MOLLY MALECKI CHAIR OF THE PLANNING COMMISSION Mayor Paulson advised the Council the Planning Commission is planning a reception honoring Molly Malecki's years of service on the Planning Commission. After having served many years as a member of the Planning Commission, and having served as chair for the past three years, Molly has decided to give up her service. The reception will be Thursday, January 30 following the Planning Commission meeting which begins at 7:30 p.m. Mayor Paulson felt it would certainly be great if the Council members could attend. RESOLUTION NO. 92 -20 Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICTED PUBLIC SERVICE OF MOLLY MALECKI The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO REQUIRE A MINIMUM SEPARATION BETWEEN CERTAIN EARLY MORNING /24 HOUR COMMERCIAL OPERATIONS AND SINGLE - FAMILY AND TWO- FAMILY DWELLINGS IN R1 AND R2 ZONING DISTRICTS The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances to Require a Minimum Separation between Certain Early Morning/24 Hour Commercial Operations and Single - Family and Two - Family Dwellings in R -1 and R -2 Zoning Districts for a first reading. The Council had discussed amending this ordinance at its January 13, 1992, meeting; and the ordinance amendment reflects the Council's discussion from that meeting. Councilmember Cohen requested that a copy of the ordinance amendment be sent to the new executive director of the Brooklyn Center Chamber of Chamber. The Director of Planning and Inspection reviewed the eight points in the amendment on which the Council had provided direction. The City Attorney stated the ordinance clearly states businesses that are affected by this are made nonconforming only with respect to their hours of operation. The businesses may g Y P P Y expand in physical size and operation, but they cannot expand their hours of operation into the prohibited hours. 1/27/92 The Director of Planning and Inspection presented an overhead transparency and reviewed the properties and businesses that will be affected by the amendment. He advised the Council public hearing notices will be sent to all affected property owners and businesses, as well as to the Brooklyn Center Chamber of Commerce. Councilmember Cohen requested maps highlighting the affected properties and businesses be sent along with the public hearing notices. The Director of Planning and Inspection agreed to this request. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances to Require a Minimum Separation between Certain Early Morning/24 Hour Operations and Single- Family and Two - Family Dwellings in R -1 and R -2 Zoning Districts and setting a public hearing date of February 5, 1992, at 7:15 p.m. The motion passed unanimously. REQUEST FROM AMERICAN LITTLE LEAGUE FOR USE OF LAND IN GARDEN CITY PARK The City Manager presented a request from American Little League for use of land at the south end of Garden City Park as an additional Little League playing field. The request was initially made by Mr. Les Thurs, President of the American Little League, at the November Parks and Recreation Commission. The land they are requesting is currently a soccer /football field which is used very little, if at all. One of the fields the league owns repeatedly flood throughout the baseball season. In addition, a third field is leased from Brookdale Christian Center Assembly of God Church and could be lost at anytime. The City Manager presented an aerial map of the area, and recommended scheduling a neighborhood meeting to discuss the matter, as he anticipates objection from neighboring residents from past experiences. Councilmember Scott stated that when the third field was added the neighbors were concerned about traffic, parking, and noise. She strongly recommended the Park and Recreation Commission hold a neighborhood meeting to address these types of concerns. The City Manager passed around some photographs of the flooded fields, and the Council members agreed there is a definite need for more adequate playing fields for the American Little League. Mayor Paulson invited Mr. Les Thurs, President of the American Little League, to address the Council. Mr. Thurs presented statistics of the American Little League. He stated it has grown from 26 teams to 40 teams over the last eight years. Over 600 games have to be scheduled and played within the three -month summer period; three reliable fields are essential. 1/27/92 - 12- Mr. Thurs stated the American Little League intends to fully build and pay for the field; there will be no cost to Brooklyn Center. The Council and Mr. Thurs discussed the deteriorating condition of the soil in the area, and the long -range plans of the American Little League. In response to the Mayor's question as to whether or not the requested land space is also sinking, the City Manager stated that while it is further above the flood plain, sinking is certainly possible. Mr. Thurs stated they will basically be moving from the ball field /playing area from the southern portion of the park area to the northern portion of the park area which is actually further away from the neighboring homes. The Mayor invited Roxanne Bridges, 6712 Emerson Avenue, to address the Council. Mrs. Bridges strongly supported the American Little League's request for use of the additional land space to provide improved playing conditions for the teams. She did, however, request the City Council include in the lease agreement some type of stipulation that the girls' program be continued, rather than be divided up as has been discussed by the League. The City Attorney stated a provision could be included in the lease agreement on a complaint basis, whereby the provision would only be enforced if the City received complaints on the matter. In response to Mrs. Bridges' concerns and comments, Mr. Thurs stated the American Little League does not intend to eliminate any of the girls program. They would like to form another charter and then request to play inter - league. Presently, girls from the National League area in the southern part of the City are playing in the American League because they do not have the room to add a National League girls' program. The American Little League plans to form another charter from the National Little League and then apply for inter- league play. The Council members discussed this request, and agreed to support it. Following a brief discussion on ensuring both the boys' and girls' programs are improved equally, Councilmembers Pedlar and Cohen reminded the Council the issue before the Council a request for use of City park land, rather than ensuring equal time for boys and girls. The law clearly states there shall be equal opportunities for boys and girls; it would not have to be written into a lease agreement. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen recommending the Park and Recreation Commission hold a public hearing for the purpose of obtaining citizen response to the American Little League's request for use of land in Garden City Park as a baseball field. The motion passed unanimously. 1/27/92 - 13- DISCUSSION ITEMS SELECTION COMMITTEE REPORT REGARDING PROCUREMENT OF ENGINEERING SERVICES FOR DEVELOPMENT OF WATER MANAGEMENT PLAN The City Manager presented a Resolution Accepting the Report of the Selection Committee for Procurement of Engineering Services for the Development of a Water Management Plan and Approving Execution of a Contract for Said Services with Bonestroo, Rosene, Anderlik and Associates, Inc. The development of Brooklyn Center's Water Management Plan was formally initiated at the Council meeting of November 18, 1991, by adoption of Resolution No. 91 -265. The Director of Public Works advised the Council the selection committee consisted of himself; William Monk, Crystal City Engineer; and Charles Lenthe, Blaine City Engineer. Brooklyn Center Engineer Mark Maloney also served as a non - voting member. He then reviewed the selection committee's selection process. The Selection Committee had received six proposals in response to the RFP; reviewed them all; narrowed them down to three; interviewed the final three; and then selected Bonestroo, Rosene, Anderlik and Associates, Inc. The Director of Public Works reviewed the proposal rating summary used in the process as well as the consultant evaluation form. The Director of Public Works reviewed the two areas of cost -- Phase I includes data collection/inventory, problem identification, priority ranking of problem areas, and scoping of Phase II work. Phase II would then consist of detailed planning and cost analysis to resolve problems, according to the previously adopted priority list. This proposed contract with Bonestroo, Rosene, Anderlik and Associates, Inc, is for Phase I only. Bonestroo, Rosene, Anderlik and Associates, Inc., have estimated Phase I services not to exceed $83,818; and Phase 11 is estimated at approximately $60,000 for a total of $143,818, well within the City's $150,000 estimate and budgeted amount for this project. Mayor Paulson asked for a comparison of the estimated dollar figures of the other bidders. In response, the Director of Public Works said the selection committee's recommendation is based not only on cost, but the contents of the study. Of the three firms interviewed for Phase I, the lowest estimate was approximately $70,500; second was $76,000; and Bonestroo, Rosene, Anderlik and Associates, Inc., was third at $83,000. He also pointed out that while higher on Phase I, Bonestroo, Rosene, Anderlik and Associates, Inc., was lower on Phase II, so there was a bit of a crossover. The selection committee felt that one of the reasons that the cost of Bonestroo, Rosene, Anderlik and Associates, Inc., was high was the fact that they proposed a very high level of citizen participation and involvement in the development of this study compared to the other firms. If the cost of citizen participation would be taken out of the proposed cost, it would be similar to the other firms. 1/27/92 -14- In response to Mayor Paulson's request for the differences between the content of the three proposals, the Director of Public Works stated the City's RFP had required at least two public information meetings. Bonestroo, Rosene, Anderlik and Associates, Inc., had included those two public information meetings, plus the mailing of a questionnaire to every resident in the City. The study also included formation of a task force which would include resident members. Bonestroo, Rosene, Anderlik and Associates, Inc., also included in its proposal a review of the study with other engineers to get independent opinions. In addition, they will prepare monthly articles for the City newsletter. The Director of Public Works stated Bonestroo, Rosene, Anderlik and Associates, Inc., was very heavy on the city involvement. In addition, the selection committee felt the firm is very well qualified from a technical standpoint. Councilmember Pedlar stressed the need to use in house resources. He felt there were several areas included in the proposal where in house staff could be used. In response, the Director of Public Works stated he certainly plans to use City staff for some of the work, and there is a contingency in the draft Professional Services Agreement between the City and Bonestroo, Rosene, Anderlik and Associates, Inc., addressing this issue. The project engineers from Bonestroo, Rosene, Anderlik and Associates, Inc., Mr. Robert Schunicht, Principal in Charge of the Project, and Ismael Martinez, the Project Manager, presented an overview of their proposal. Mr. Martinez felt state -of -the -art water planning processes inspire community commitment to quality water resources. He advised the Council the proposed plan has been tailor designed to meet the needs of Brooklyn Center, and includes; 1) citizen involvement; 2) balancing redevelopment issues which results in proactive water quality planning; 3) experienced planning approach which assures implementation is affordable; and 4) detailed reports and review which results in a valuable community management tool. In addition, peer review enhances the quality of the plan; and maintenance oriented solutions are the key to successful plan implementation. Councilmember Cohen asked how the plan interfaces within the Shingle Creek Watershed District and how it works with other communities. In response the Director of Public works stated every city is required by State law to develop a local water management plan by approximately July 1, 1993. The Board of Water and Soil Resources (BWSR) has determined what must be contained in each of the local plans. Compliance with the BWSR requirements and Shingle Creek and West Hennepin Water Management Plans and Guidelines is a provision of the proposed contract. Mayor Paulson felt the plan was very well presented, but appeared to be above and beyond what is required. He questioned where the plan is on the City's list of priorities, and he felt $83,000 for a written report seemed excessive. He felt consideration should be given to the least expensive proposal. 1/27/92 - 15 - In response, the Director of Public Works said he, staff and the other members of the selection committee felt the recommendation to go with Bonestroo, Rosene, Anderlik and Associates, Inc., ensures a good workable plan that will be technically correct. The bottom line is going to indicate the need for spending millions of dollars for needed improvements, and the City needs the best possible report as to what the costs of construction are going to be. Councilmember Cohen supported the recommendation, but recommended the proposed resolution authorizing the project be amended to include the maximum dollar amount of Phase I to be $83,818. Councilmember Rosene expressed support of the proposal, and stated that ' while he appreciates frugality, he felt the City would be better off to have the best plan available. Councilmember Scott supported the recommendation, and stated several times over the years the City has gone with the lowest bidder only to end up with worthless reports, most of which were not even understandable. She felt confident going with Bonestroo, Rosene, Anderlik and Associates, Inc. RESOLUTION NO. 92 -21 Member Celia Scott introduced the following resolution and moved its adoption subject to being amended to include the maximum dollar amount of the Phase I contract amount to be $83,818. RESOLUTION ACCEPTING THE REPORT OF THE SELECTION COMMITTEE FOR PROCUREMENT OF ENGINEERING SERVICES FOR THE DEVELOPMENT OF A WATER MANAGEMENT PLAN AND APPROVING EXECUTION OF A CONTRACT FOR SAID SERVICES WITH BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen. The motion passed unanimously. AN ORDINANCE ADDING CHAPTER 20 OF THE CITY ORDINANCES i REGARDING TREES The City Manager presented An Ordinance Adding Chapter 20 of the City Ordinances Regarding Trees for a first reading, and advised the Council the ordinance had been revised as requested by the Council at its January 13, 1992, meeting. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading An Ordinance Adding Chapter 20 of the City Ordinances Regarding Trees and setting a public hearing date of February 5, 1992, at 7:15 p.m. The motion passed unanimously. 1/27/92 - 16 - RFP FOR EXECUTIVE COMPENSATION STUDY The City Manager presented a Request for Proposals for a Compensation Study of Executive Positions. Councilmember Pedlar reviewed the RFP and pointed out the original RFP dated January 13, 1992, was included in the agenda packets as well as a revision dated January 27, 1992, which includes clarification of item A in the Compensation Study Objectives section of the RFP; the addition of job descriptions as an item in B in the Scope of Work section; and the addition of a new item D.4 in the same section. In addition, he stated item B under Compensation Study Objectives on page one should be amended to read: "To obtain detailed metro region market data and compare it to the City of Brooklyn Center data." Item D -5 under Scope of Work on page two should be amended to read: "Make both a written report and oral report to the city council of your findings." Councilmember Pedlar stated the RFP as presented would provide the City an opportunity to develop good salary ranges for both good qualified incumbents and candidates to ensure the City will be paying them an adequate salary that meets the standards of the region. He asked for the Council's consideration of the RFP as presented. He stated he had spoken with Mr. Don Poss, who is the city manager at Blaine who supported the executive compensation study. Councilmember Cohen expressed thanks to Councilmember Pedlar for his work on this request for proposal and for getting it all sorted out. There was a motion by Councilmember Cohen and seconded by Councilmember Scott authorizing the Request for Proposal for a Compensation Study of Executive Positions dated January 27, 1992, and as amended by Councilmember Pedlar. Mayor Paulson also expressed appreciation to Councilmember Pedlar for working on the RFP. He, however, felt the Stanton Study had plenty of information in it with which to make an evaluation of the executive positions. He expressed the need to first determine policy before setting salary ranges. He felt spending money while trying to save money is counter productive, and he said he would oppose the motion. The motion passed with Mayor Paulson opposed. ADMINISTRATIVE TRAFFIC COMMITTEE REPORT AND RECOMMENDATION REGARDING PERSONAL INJURY LAWSUIT RELATING TO ACCIDENT AT BUS STOP The City Manager presented the recommendation of the Administrative Traffic Committee regarding a personal injury lawsuit relating to an accident at an MTC bus stop in June of 1988. He advised the Council members the City's attorneys sought and obtained an out -of- court settlement with the plaintiff. He advised the Council the Administrative Traffic Committee has reviewed the City's policies regarding siting of MTC bus stops, and recommends that a policy change be made to reduce the City's liability should future accidents occur. 1/27/92 - 17- The City Manager stated the logical response following this incident is for the City to come to a liability agreement with the MTC to eliminate the City from being exposed to this type of liability. In the event an agreement with the MTC is not attainable, he recommended the Council consider removing the MTC signs posted within the City to eliminate the liability risk associated with them. Councilmember Scott asked how other communities handle this matter. In response, the City Manager stated he had not spoken with other communities, as he preferred to meet with the MTC prior to making it a metro wide issue. Councilmember Pedlar asked if there are similar liability risks /situations the City should be concerned with and obtain hold harmless agreements. In response, the City Manager said staff is presently looking into this issue. The Director of Public Works advised the Council this is the only situation wherein the City has installed a sign at the request of another agency. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar directing staff to work with the MTC to further define options and come to a mutually acceptable agreement. The Mayor expressed dismay in the City's response to this incident, and stated he felt the City had been negligent in this case as it had clearly been given the responsibility of posting the sign. He felt at issue here, once again, is the manner in which the City responds to matters as they arise; and rather than focusing on this particular incident, staff should thoroughly review and improve the City's policy of responding to issues. He felt policies need to be developed to thoroughly address both sides of issues. He stated he would oppose the motion, and he encouraged the Council to do the same. The City Manager stated this matter goes back quite some time; and it was in response to a specific request from the MTC. The MTC had just taken over the transit system and was changing over all the signs to MTC. The City did not site the location of the sign, it merely posted the sign on a County road as requested by the MTC. Councilmembers Pedlar and Scott withdrew their motion and second respectively, and a lengthy discussion ensued on how to adequately and properly address this matter. Mayor Paulson recommended a more positive approach of determining with the MTC what criteria make a bus stop safe, and then examining the safety at each existing site. Councilmember Pedlar questioned the City's safety expertise to make such determinations, and felt a better approach would be to eliminate or minimize the City's exposure by requiring the MTC to hold Brooklyn Center harmless. 1/27/92 - 18 - I r i In response, the City Attorney stated the Court of Appeals had already determined the City undertook a duty to put the sign in a safe place, and the City has now learned it can be responsible for this type of decision. Councilmember Cohen reminded the Council this is actually a risk management issue. He felt the staff recommendation was a responsible action; and suggested the Mayor become involved in working it out with the MTC. Mayor Paulson felt it would be in the City's best interest to retain the responsibility of posting signs. He felt it is a City problem, and he was disappointed the City was foisting it off on another agency. He suggested if the City truly felt it is not a City responsibility, the matter should be brought to court rather than settled. The City Attorney stated the Court of Appeals had already made the decision that as long as the City continues to post signs, it does have a duty of reasonable care. In response to Councilmember Rosene's suggestion to take it to the Supreme Court, the City Attorney stated that had already been done. The Supreme Court had concluded the Court of Appeals was correct. When the City participates in the placement of this kind of sign they take up a duty to exercise a certain level of care in doing that duty. In this particular case, the City stepped in where it wasn't legally obligated to do so, but in doing i so it took up a duty of care. Councilmember Rosene suggested proposing new legislation addressing the duty of care issue. The City Attorney said under Minnesota Statutes the State has given immunity in certain cases. There are still some categories; such as snow and ice removal, where the Legislature recognizes that the municipality continues to be immune. There is a short list of eight or nine categories where sovereign immunity continues; however, he felt it would be a long shot that posting signs would fit into one of those categories. The Mayor again suggested the City examine both its policy and the safety of the existing bus stops within Brooklyn Center. In response, Councilmember Cohen asked if the Mayor was suggesting a traffic safety expert be hired. The City Attorney stated even a traffic expert could not guarantee the City would not be sued. Following additional discussion on drafting a mutually acceptable motion, there was a motion by Councilmember Pedlar and seconded by Councilmember Cohen directing the Mayor, City Manager and the City's Legal Counsel to meet with the MTC to discuss and resolve this issue, keeping in mind the need to eliminate the City's exposure to liability. The motion passed unanimously. 1/27/92 - 19- LEGISLATIVE UPDATE The City Manager presented the Legislative Update for discussion. Councilmember Cohen briefly reviewed the proposed legislative update materials as contained in the Council members' agenda packets, and recommended the Council consider a resolution accepting the legislative update at the next Council meeting so it can be presented to the legislative delegation by the end of February at the latest. The City Manager advised the Council staff is in the process of setting up a meeting with Representative Carruthers and Senator Luther to go over the legislative update; and the Council will be advised of the date, time and location as soon as it is arranged so Council members may plan to attend if they so desire. RESOLUTION APPROVING PAY EQUITY IMPLEMENTATION REPORT Councilmember Cohen withdrew his request to have agenda item 13 -a, a Resolution Approving Pay Equity Implementation Report, removed from the consent agenda, and requested it be brought back to the Council as a discussion item after it is adopted. RESOLUTION NO. 92 -22 Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PAY EQUITY IMPLEMENTATION REPORT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 69TH AVENUE PHASE II IMPROVEMENT PROJECT NO. 1990 -10 CONTRACT NO. 1992 -B AND DIRECTING ADVERTISEMENT FOR BIDS The City Manager presented a Resolution Approving Plans and Specifications for 69th Avenue Phase II Improvement Project No. 1990 -10, Contract No. 1992 -13, and Directing Advertisement for Bids. He advised the Council Short - Elliott- Hendrickson, Inc., had completed preparation of plans and specifications for improvements to 69th Avenue between Brooklyn Boulevard and West Palmer Lake Drive; however, staff had requested the resolution approving the plans be removed from the consent agenda because of the recent development of a crack near the centerline of the surcharge area through Palmer Lake. The Director of Public Works distributed a memo to the City Manager and Council members outlining this development. He reviewed the memo in detail, and advised the Council that based on discussions and recommendations of the consultants (STS and SEH, Inc.) and staff, he recommended Council consider the resolution authorizing the plans and specifications so staff can proceed. He will keep the Council informed as information becomes available. 1/27/92 -20- Councilmember Scott asked if the surcharge area had settled gradually as it should have, would it have settled as much as two feet. The Director of Public Works stated it would have settled a lot more. Councilmember Rosene recommended moving ahead as planned as he didn't feel the soil problem should prevent the City from getting started on the improvement project between West Palmer Lake Drive and Brooklyn Boulevard. RESOLUTION NO. 92 -23 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 69TH AVENUE PHASE II IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT NO. 1992 -B, AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia I Scott. The motion passed unanimously. RETIREMENT OF BROOKLYN CENTER POLICE CHIEF JIM LINDSAY The City Manager read a letter he had received from Police Chief Jim Lindsay announcing his plan to retire from service effective September 12, 1992; his last day of work will be September 11, 1992. Copies of the letter were distributed to the Council members. The City Manager stated that while retirement will certainly be a wonderful experience /opportunity for Mr. Lindsay, he will certainly be missed. The City Manager er g advised the Council the early notice will provide the staff and Council a good deal of time to hire a qualified replacement. He has asked the Personnel Coordinator to prepare a recommended plan for hiring a replacement, and staff will review the recommended plan with the Council to allow for timely execution of the replacement/hiring process. ADJOURNMENT There was a motion by Councilmember Rosene, and seconded by Mayor Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:35 a.m. no Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Secretarial Service 1/27/92 -21-