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HomeMy WebLinkAbout2004 11-08 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 8, 2004 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Police Chief Scott Bechthold, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 2. INVOCATION A moment of silence was offered for the Invocation before the Economic Development Authority meeting. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna .m. Kragness at 7:11 g p 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Police Chief Scott Bechthold, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 11/08/04 -1- 6. COUNCIL REPORT Councilmember Carmody reported that on November 4, 2004, she attended a Watershed Commission meeting, a tour of the Hennepin County Dispatch Facility, and the Neighborhood Watch Captains Recognition Ceremony. Councilmember Lasman expressed thanks to those who voted on November 2, 2004, and thanks to those who voted for her; and reported that she toured the Hennepin County Dispatch Facility on November 4, 2004. She informed that the new Hennepin County Library has many resources available and encouraged citizens to take advantage of those resources. Councilmember Niesen wished to express congratulations to Councilmember Lasman on her reelection and to Mary O'Connor for her win on being elected as a Council Member. Mayor Kragness reported that she attended the Neighborhood Watch Captains Recognition Ceremony on November 4, 2004, and the retirement event for Police Officer Darrell Kortan on November 5, 2004. She expressed thanks to Officer Darrell Kortan for his 30 years as a Brooklyn Center Police Officer. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda. Councilmember Niesen requested that Consent Agenda items 7c, 7d, 7g, and 7d, be removed and placed on Council Consideration Agenda as items 11 f, 11 g, 11 h, and 11 i. Councilmembers Lasman and Carmody amended their motions to approve that request. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the October 25, 2004, study, regular, and work session meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following last of licenses. Motion passed unanimously. COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Avenue North Cutting Edge Pet Care Inc. 4900 France Avenue North Gentle Touch Animal Sanctuary 4900 France Avenue North Pandora's Box Veterinary Clinic 4902 France Avenue North 11/08/04 -2- i MOTOR VEHICLE DEALERSHIP Brooklyn Center Motors, LLC 6800 Brooklyn Boulevard 7c. RESOLUTION ESTABLISHING 2005 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES This item was removed to Council Consideration item 11 f. 7d. RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2005 This item was removed to Council Consideration item 11 g. 7e. RESOLUTION AMENDING IMPROVEMENT PROJECT NO. 2004 -14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2004-147 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING IMPROVEMENT PROJECT NO, 2004 -14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7f. RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF ONE TRACTOR/BACKHOE RESOLUTION NO. 2004-148 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF ONE TRACTOR/BACKHOE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11/08/04 -3- 7g. RESOLUTION ACCEPTING QUOTATION AND AWARDING WORK TO VALLEY -RICH COMPANY, INC. FOR STORM SEWER REPAIRS ALONG NORTHWAY DRIVE AND LYNDALE AVENUE This item was removed to Council Consideration item l Ih. 7h. RESOLUTION AUTHORIZING EXECUTION OF A UTILITY EASEMENT WITH CENTERPOINT ENERGY MINNEGASCO FOR INSTALLATION OF CATHODIC PROTECTION EQUIPMENT WITHIN PALMER LAKE PARK This item was removed to Council Consideration item 11 i. 8. PUBLIC HEARING ITEM 8a. CONSIDERATION OF RENEWAL APPLICATION FOR A CURRENCY EXCHANGE LICENSE SUBMITTED BY COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD - RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA City Manager Michael McCauley discussed that the City is required by State Law to conduct a public hearing to render a decision regarding the issuance or denial of a currency exchange renewal for Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. Mary O'Connor, 5429 Lyndale Avenue North, addressed the Council to inquire about this currency exchange license. Councilmember Carmody discussed this is a check cashing operation; and Mayor Kragness added that this is an annual renewal. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2004-149 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA 11/08/04 4- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. PRESENTATION ITEMS 9a. BOND SALE RESOLUTIONS - RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,010,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004C AND PROVIDING FOR THEIR ISSUANCE - RESOLUTION ACCEPTING OFFER ON SALE OF $17,245,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2004D, PLEDGING TAX INCREMENTS FOR THE SECURITY THEREOF AND AUTHORIZING A PLEDGE AGREEMENT Mr. McCauley discussed that the bond sale resolution for the sale of $1,010,000 would be used to finance the special assessments where homeowners pay their assessments over time and the bond sale of $17,245,000 would help with Tax Increment Financing District No. 3. Alan Erickson, Executive Vice President for Springsted, Inc., addressed the Council to discuss the bids received and informed that the lowest bidders for the bond sales were as follows: General Obligation Improvement Bonds, Series 2004C UMB Bank, N.A. with a true interested rate of 3.4156 percent Taxable General Obliization Tax Increment Bonds. Series 2004D Morgan Keegan and Company, Inc. with a true interest rate of 4.9912 percent Mr. Erickson informed that these rates were less than what they predicted and are reasonable for adoption. RESOLUTION NO. 2004 -150 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING OFFER ON THE SALE OF 1,010,000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 2004C AND PROVIDING FOR THEIR ISSUANCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2004-151 Councilmember Carmody introduced the following resolution and moved its adoption: 11/08/04 -5- RESOLUTION ACCEPTING OFFER ON SALE OF $17,245,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2004D, PLEDGING TAX INCREMENTS FOR THE SECURITY THEREOF AND AUTHORIZING A PLEDGE AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. DISPATCH PRESENTATIONS 1. DISPATCH PRESENTATION AND QUESTIONS: CITIES OF MINNEAPOLIS AND ST. LOUIS PARK A. CITY OF ST. LOUIS PARK A. PRESENTATION BY ST. LOUIS PARK STAFF B. CITY COUNCIL QUESTIONS B. CITY OF MINNEAPOLIS A. PRESENTATION BY MINNEAPOLIS STAFF B. CITY COUNCIL QUESTIONS 2 RESOLUTION ALTERNATES FOR HENNEPIN COUNTY OFFER TO PROVIDE.DISPATCH SERVICES A. BROOKLYN CENTER STAFF PRESENTATION B. HENNEPIN COUNTY SHERIFF'S DEPARTMENT A. PRESENTATION B. CITY COUNCIL QUESTIONS C. CITY COUNCIL DISCUSSION OF HENNEPIN COUNTY OFFER TO PROVIDE DISPATCH D. MOTION TO ADOPT RESOLUTION A. RESOLUTION ACCEPTING HENNEPIN COUNTY'S OFFER TO PROVIDE DISPATCH SERVICES OR B. RESOLUTION DECLINING TO ACCEPT HENNEPIN COUNTY'S OFFER TO PROVIDE DISPATCH SERVICES TO THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that the cities of St. Louis Park and Minneapolis had been invited to make presentations to the City Council regarding their proposals for dispatch services. Both cities had representatives present to outline their proposals. 11/08/04 -6- City of St. Louis Park City Manager Tom Harmening addressed the Council to outline the City of St. Louis Park's proposal of dispatch services and to discuss the approximate operating and start up costs. He informed that the estimated time to undertake the necessary transition to allow dispatch services with the City of St. Louis Park would be approximately one year. Mr. Harmening discussed that he believes the City of St. Louis Park provides a high quality of service and would be able to provide the same for the City of Brooklyn Center; and that the City of St. Louis Park is open to discussion about all the related issues of partnering with them for dispatch services. City of St. Louis Park Police Chief John Luse addressed the Council to outline their current dispatching services and expressed that he believes their dispatching services would be the right size to be adaptive and meet the needs for the City of Brooklyn Center. Council discussed policy issues, protocols, and the ratio of dispatchers to citizens. City of Minneapolis Emergency Communications Department Director John Dejung addressed the Council to outline the City of Minneapolis' proposal of dispatch services and discuss that the City of Minneapolis is looking for a new CAD system. There are many details that will need to be worked out in order to figure how to manage dispatch operations. Mr. Dejung discussed their two -stage system and informed that the Minneapolis City Council had received an offer from Hennepin County to provide dispatch services and that at this time they have not responded to the offer. He informed that the City Council will be considering Hennepin County's offer and that they will be responding to their request. Council discussed the use of the non - emergency calls, the ratio of dispatchers to citizens, and the issue of similar street names. City of Brooklyn Center Police Chief Scott Bechthold outlined an updated PowerPoint presentation that included emergency and non - emergency dispatch protocols, differences between Brooklyn Center and Hennepin County peak periods, computer -aided dispatch and records management system descriptions, and a list of Hennepin County cities that participate in police and fire dispatch services with Hennepin County. City of Brooklyn Center Fire Chief Ron Boman outlined Brooklyn Center and Hennepin County fire dispatch operations and informed that he believes the City of Brooklyn Center is not getting what they need for dispatching services and needs to look elsewhere for dispatch services. Councilmember Peppe questioned how many people would need to be employed to accomplish the duties of the Community Service Officers (CSO) and what is currently employed now. Mr. Bechthold discussed that they had estimated four full -time and two part-time CSO would need to be established and that currently the City has six dispatchers and one supervisor. Councilmember Peppe questioned if the intent would be to continue those people in their functions. Mr. Bechthold discussed that they would offer the job to them first. 11/08/04 -7- Councilmember Peppe questioned if the remaining $343,000 that the City currently pays is for the additional operating costs of the monitoring for the dispatch center; and if the cost savings for the capital are met with the 800 MHz. Mr. McCauley discussed that the CSO pay would be at a lower rate than a dispatcher and there would be no dispatch supervisor; and that there are two sets of capital costs. One set relates to the City's equipment in the squads and that cost remains under any proposal. The other portion is to take the City's dispatching console equipment and ability to transmit and bring that up to the 800 MHz. Councilmember Carmody questioned if there would be any capital costs associated with Hennepin County needing to interface with their computer -aided dispatch system and the City's record management. Mr. McCauley discussed that LOGIS will need to set up the same data protocol ability with the new vendor that Hennepin County will be migrating to and those LOGIS cities participating will have some costs associated. Hennepin County Captain Rick Mulek addressed the Council to outline a PowerPoint presentation that included an overview of Hennepin County's Sheriff communications, staffing, dispatching, computer aided dispatching, user involvement, and new computer aided dispatch; and discussed the User Advisory Board and the Standard Operating Procedures used by Hennepin County. He informed that their new CAD System is in development and will be going before the County Commissioners for final approval. They hope to have it implemented sometime in 2006. Councilmember Niesen questioned why some cities only have police and some only have fire with Hennepin County. Mr. Mulek discussed that not every city has a fire department and that there are cities that have Police Departments covering several different cities for police protection. Councilmember Niesen questioned employee turnover rate and ratio of experienced and new dispatchers. Mr. Mulek discussed that it varies and that with 43 employees they do have turnovers. There are people that have been there for 15 plus years and people who have left after a couple of years. He estimated that about 75 percent or more are experienced with two to three years of experience. Councilmember Niesen questioned if the LOGIS component will help or hurt the City and if the City would be converting to the new component. Mr. Mulek discussed that he does not believe it will degrade anything and that there will be some finances involved. Hennepin County and each individual city will have some finances incurred with LOGIS to hookup the software that will work with Hennepin County. Mr. McCauley discussed that at some point in time with the next iteration of computer aided dispatch the City would compare whatever Hennepin County was using and what LOGIS is looking at. In the five to ten year window, the City would probably stay with LOGIS since there is a substantial investment. Councilmember Niesen questioned how Hennepin County deals with complaints. Mr. Mulek discussed that people can call directly to the Sergeant or the Operations Lieutenant. Generally they do not get a lot of complaints; however, if there are concerns they can talk to them directly or the Internal Fairs Division. 11/08/04 -8- Councilmember Niesen questioned if there would a formal agreement of understanding if Brooklyn Center joins with Hennepin County. Mr. Mulek discussed that a member of the Brooklyn Center Police Department will be able to sit on the User Advisory Board and be able to discuss issues, protocols, etc. f Councilmember Lasman informed that she was not aware of the possibility of the City of Minneapolis coming aboard with Hennepin County and expressed she believes that would be a huge change of what the City of Brooklyn Center has been contemplating. She inquired if there were any other cities that were considering coming on board and how the current facility would be accommodating more cities. Mr. Mulek informed that Hennepin County would not necessarily need to purchase new equipment; however, if the City of Minneapolis comes on board, they will most likely be building a new building to accommodate the workload. Mr. Mulek informed that they are already in the progress of looking at building a new building and this expense is being considered in the capital budget for construction in 2006. Councilmember Lasman inquired if the offer the City of Brooklyn Center had been presented would continue to be the same if the City of Minneapolis came aboard with Hennepin County. Mr. Mulek informed that to his knowledge that is correct and that the City of Minneapolis had been offered the same as the City of Brooklyn Center. Councilmember Lasman informed that she had contacted participating cities and some citizens that had used Hennepin County for dispatch services and found the level of service that Hennepin County had been offering was excellent; however, there were staff that had concerns about not being heard with issues they felt were important. Mr. Mulek informed that he was not aware of any issues raised by staff and that the concerns that staff had would need to be considered on a basis of the concern. He discussed that concerns could be discussed and that the Sheriff would have the final say. Councilmember Carmody inquired what the timeframe would be for the City of Brooklyn Center to come aboard with Hennepin County. Mr. Mulek informed that he believes the switch would take approximately one year. The Council took a recess at 9:04 p.m. and reconvened at 9:09 p.m. Councilmember Peppe informed that has heard enough to believe the City of Brooklyn Center should accept the offer from Hennepin County and expressed thanks to the City of Minneapolis and the City of St. Louis Park for their time and effort in this process. Ms. O'Connor addressed the Council to ask how there would be no charge to the City of Brooklyn Center if a new building was built; and why the current dispatch centers are not feasible. Mr. McCauley discussed that the cost of a new building would be the responsibility of Hennepin County and would be paid by all Hennepin County taxpayers. Mayor Kragness informed that many of the current dispatch centers do not have the technology to keep up with all the changes in technology. Councilmember Carmody added that if Hennepin County uses funds from their Capital Improvements Fund there may not be any tax increases. 11/08/04 -9- Councilmember Niesen expressed that she i ' p s wilting to support Hennepin County's offer based on the costs and resources provided. Councilmember Carmody discussed that she had a concern about the level of service that would be provided; however, after touring the Hennepin County facility, those concerns were addressed. Councilmember Lasman expressed that she would be in favor of accepting Hennepin County's offer based on the quality of service, timing, and costs. Mayor Kragness expressed that she agrees with all Council Members and believes the staffing and technology needs will be met for Brooklyn Center. RESOLUTION NO. 2004-152 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING U ON ACC 1NG HENNEPIN COUNTY'S OFFER TO PROVIDE DISPATCH i SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion . aased unanimously. Y 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NOS. 2004-010,2004-011, AND 2004 -012 SUBMITTED BY ATS & R, INC. - REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE THE WILLOW LANE EARLY CHILDHOOD CENTER PROPERTY, WILLOW LANE PARK PROPERTY. AND TWO VACANT MULTI - RESIDENTIALLY ZONED PROPERTIES AT THE SOUTHWEST CORNER OF 71 AVENUE NORTH AND BROOKLYN BOULEVARD INTO THREE NEW PARCELS OF LAND. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 28, 2004, MEETING. - REQUEST FOR REZONING FROM R-1 (ONE FAMILY RESIDENCE), R -2 (TWO FAMILY RESIDENCE), AND R -4 (MULTIPLE FAMILY RESIDENCE) TO C -1 (SERVICE /OFFICE) OF A 3.63 ACRE PARCEL OF LAND TO BE CREATED UNDER PLANNING COMMISSION APPLICATION NO. 2004 -010. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 28, 2004, MEETING. 11/08/04 -10- 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004 -011 SUBMITTED BY ATS & R, INC. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY I ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 71 AVENUE NORTH AND BROOKLYN BOULEVARD) - REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT FOR A THREE STORY, 48,600 SQ. FT. SERVICE /OFFICE BUILDING TO HOUSE THE OSS EO SCHOOL DISTRICT'S ADULT EDUCATION PROGRAM AND A NON - PROFIT SERVICE GROUP USE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 28, 2004, MEETING. Mr. McCauley discussed that the Planning Commission received, reviewed, and is recommending approval of Planning Commission Application Nos. 2004 -010, 2004 -011, and 2004 -012 submitted by ATS & R, Inc. on behalf of Osseo Area Schools (ISD 279) requesting for preliminary plat approval, rezoning, site and building plan approval, and a special use permit. The preliminary plat comprehends the dividing and combining of the old Willow Lane School property, Willow Lane Park property, and two vacant multi residential zoned parcels of land into three new parcels of land. The rezoning comprehends rezoning of a 3.63 acre parcel of land proposed to be created under Application No. 2004 -010. The site and building plan approval and special use permit comprehends a 48,600 square foot, three story, two staged service /office building for an adult education use on the above mentioned 3.63 acre site proposed to be rezoned to C -1 under Planning Commission Application No. 2004 -011. Councilmember Niesen asked if the neighbors in the area were favorable and if the recommendation from the Park and Recreation Commission for soccer fields was believed to be a good addition for the area. Mr. Warren informed that he believes from the meetings held that the neighbors were favorable; and Director of Public Works /City Engineer Todd Blomstrom added that he believes the soccer fields will be a good addition. Councilmember Niesen inquired how much tax money would be lost. Mr. Warren discussed that tax values are not generally an issue the Planning Commission discusses with rezoning of parcels. Councilmember Carmody asked for clarification on the shared entrance. Mr. Warren discussed that the School District and the owner of the apartment complex will close the north access of the apartment complex. Councilmember Niesen inquired if that would be an impact on the parking lot. Mr. Warren discussed that there would be little impact and that there has always been arrangements to use the facilities. 11/08/04 -11- i RESOLUTION NO. 2004-153 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004-011 SUBMITTED BY ATS & R, INC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on December 13, 2004. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve Planning Commission Application Nos. 2004 -010 and 012 subject to the following Planning Commission recommendations. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE Mr. McCauley discussed that this ordinance amendment would amend Chapter 3 of the City Ordinances to reflect the new mechanical code being adopted by the State. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on December 13, 2004. Motion passed unanimously. 11b. RESOLUTION SUPPORTING AN IMPROVED LEVEL OF RIGHT OF WAY MAINTENANCE BY MN/DOT IN THE TWIN CITIES METROPOLITAN AREA Mr. McCauley discussed that the City of Fridley had circulated a resolution asking for support on improved level of right of way maintenance by the Minnesota Department of Transportation. If the Council were interested in joining the City of Fridley's effort to raise the issue of highway maintenance, a resolution had been prepared for adoption. Councilmember Carmody questioned how many cities had been included in the circulation. Mr. McCauley discussed that he was not aware of how many cities had received the circulation; however, he had heard three cities have joined in the support. 11/08/04 -12- Councilmember Niesen expressed that she believes this would be a good idea and would be comfortable adopting a resolution; however, she would prefer to have the prepared resolution to indicate appropriate mowing, instead of weekly mowing. RESOLUTION NO. 2004 -154 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING AN IMPROVED LEVEL OF RIGHT OF WAY MAINTENANCE BY MN/DOT IN THE TWIN CITIES METROPOLITAN AREA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11c. 2005 PUBLIC UTILITY AND SERVICE CHARGE RATE STUDY - RESOLUTION ADOPTING 2005 SEWER UTILITY RATES, FEES, AND CHARGES - RESOLUTION ADOPTING 2005 WATER UTILITY RATES, FEES, AND CHARGES - RESOLUTION ADOPTING 2005 STREET LIGHT RATES AND CHARGES - RESOLUTION ADOPTING 2005 RECYCLING RATES AND CHARGES Mr. McCauley discussed that the Council annually reviews utility rates and charges and that the proposed rates had been prepared from the outcome of the October 4, 2004, joint budget Work Session with the Financial Commission. Water and sanitary sewer rates are proposed to increase 2.8 percent, street light rates 3.0 percent, and the recycling fee is proposed to increase $0.20 or approximately 9.3 percent. RESOLUTION NO. 2004-155 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2005 SEWER UTILITY RATES, FEES, AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-156 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2005 WATER UTILITY RATES, FEES, AND CHARGES 11/08/04 -13- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-157 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2005 STREET LIGHT RATES AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -158 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2005 RECYCLING RATES AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11d. RESOLUTION APPOINTING INDEPENDENT FINANCIAL ADVISOR Mr. McCauley discussed that the City Council Policy requires Requests for Proposals (RFP) at no more than six -year intervals for independent financial advisor services. Three firms submitted proposals and Financial Commissioners Timothy Elftmann and Susan Shogren Smith, City Council Members Kathleen Carmody and Diane Niesen, and Mr. McCauley and Fiscal and Support Services Director Dan Jordet reviewed and interviewed the three firms. Springsted, Inc. was recommended to be appointed as the City's independent financial advisor for a six -year period beginning in 2005. RESOLUTION NO. 2004-159 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING INDEPENDENT FINANCIAL ADVISOR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 11e. RESOLUTION COMMENDING ELECTION PERSONNEL ON ADMINISTERING THE NOVEMBER 2, 2004, GENERAL ELECTION Mr. McCauley discussed that this resolution was prepared to commend the election personnel on their commitment and dedication in administering the 2004 General Election and to express appreciation for the manner in which the election process was conducted. 11/08/04 -14- RESOLUTION NO. 2004-160 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION COMMENDING ELECTION PERSONNEL ON ADMINISTERING THE NOVEMBER 2, 2004, GENERAL ELECTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. llf. RESOLUTION ESTABLISHING 2005 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Councilmember Niesen had request this item be removed from the Consent Agenda for clarification on the value of 40 percent (specific portion) used to establish the street and storm drainage assessment rates for 2005. Mr. McCauley discussed that the 40 percent brings the City to the target the Council has had for homeowner contributions to street projects. With increasing street reconstruction costs, it is necessary to have assessments keep pace with those increased costs to avoid falling behind on the ability to fund project. RESOLUTION NO. 2004-161 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 2005 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. llg. RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2005 Councilmember Niesen had requested this item be removed from the Consent Agenda to express her concern about the increasing rates for special assessments and to question how the interest rates are set. Mr. McCauley discussed that the City Council Policy requires interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes. That policy results in an interest rate equal to the latest bond issue plus two percent. RESOLUTION NO. 2004-162 Councilmember Niesen introduced the following resolution and moved its adoption: 11/08/04 -15- RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11h. RESOLUTION ACCEPTING QUOTATION AND AWARDING WORK TO VALLEY -RICH COMPANY, INC. FOR STORM SEWER REPAIRS ALONG NORTHWAY DRIVE AND LYNDALE AVENUE Councilmember Niesen had requested this item be removed from the Consent Agenda to express her concern with only one quotation considered for the project. Mr. McCauley discussed that quotations under $50,000 are similar to RFP. Mr. Blomstrom added that the smaller projects are harder to get contractors to submit quotations and that Valley -Rich Company, Inc. specializes in this type of work. RESOLUTION NO. 2004-163 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AWARDING WORK TO VALLEY -RICH COMPANY, INC. FOR STORM SEWER REPAIRS ALONG NORTHWAY DRIVE AND LYNDALE AVENUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. iii. RESOLUTION AUTHORIZING EXECUTION OF A UTILITY EASEMENT WITH CENTERPOINT ENERGY MINNEGASCO FOR INSTALLATION OF CATHODIC PROTECTION EQUIPMENT WITHIN PALMER LAKE PARK Councilmember Niesen had requested this item be removed from the Consent Agenda to question if providing an easement is a common thing and if any trees will be removed as part of this project. Mr. McCauley discussed that it is common for the City to provide easements and in this case the easement allows CenterPoint Energy Minnegasco to put protective equipment were needed. Mr. Blomstrom informed that it was indicated no trees would be removed as part of this installation. RESOLUTION NO. 2004-164 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A UTILITY EASEMENT WITH CENTERPOINT ENERGY MINNEGASCO FOR INSTALLATION OF CATHODIC PROTECTION EQUIPMENT WITHIN PALMER LAKE PARK 11/08/04 -16- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adj ourn the City Council meeting at 10:00 p.m. Motion passed unanimously. _n City Clerk Mayor 11/08/04 -17-