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Home My WebLink About2004 12-13 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 DECEMBER 13, 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 Hoffinan, Fiscal and Support Services Director Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Jay Quam, Attorney representing Applebee's Restaurant, addressed the Council to ask that they consider waiting to review Applebee's liquor license until after the Summary of Judgment Hearing that will be held on December 16, 2004. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION The Invocation was offered at the Housing and Redevelopment 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 Kragness at 7:28 p.m. 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, Fiscal and Support Services Director Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 12/13/04 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported that she attended a watershed meeting and that the Shingle Creek and West Mississippi Watersheds are no longer considering combining the two watersheds. Councilmember Lasman reported that she attended the Holly Sunday event and wished to express thanks to the Brooklyn Center Lions Club for their help with the event. Mayor Kragness reported that she attended the League of Minnesota Cities Congress of Cities Conference in Indiana and visited the City of Paynesville along with attending a Paynesville City Council meeting. Mayor Kragness shared two letters that had been received. The first letter was from Patrick McGowan, Hennepin County Sheriff, thanking City staff for their involvement with the dispatch service study and the decision to move forward with Hennepin County providing dispatch services for Brooklyn Center. The second letter was from two residents in Brooklyn Center expressing thanks for the great service received from the City of Brooklyn Center Fire and Police Departments after a fire damaged their home. Councilmember Niesen reported that she attended the League of Minnesota Cities Congress of Cities Conference and that she will be providing a report to the Council in January. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the agenda and consent agenda with the removal of the Applebee's liquor license for discussion of the legal outcome at a special meeting on December 27, 2004, 4:00 p.m. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the November 15, 2004, budget work session with Financial Commission; November 22, 2004, study, regular, and work session; and December 6, 2004, truth in taxation hearing and special session meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. 12/13/04 -2- CHRISTMAS TREE SALES Malmborg's 5120 Lilac Drive North GASOLINE SERVICE STATION Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Humboldt Shell 6840 Humboldt Avenue North Metropolitan Transit 6845 Shingle Creek Parkway LIOUOR — CLASS A ON -SALE INTOXICATING AND SUNDAY Olive Garden 1601 James Circle North Vallarta's Mexican Restaurant 6000 Shingle Creek Parkway LIOUOR — CLASS B ON -SALE INTOXICATING AND SUNDAY Coyote Grille * 2101 Freeway Boulevard Days Inn * 1501 Freeway Boulevard Earle Brown Lanes 6440 James Circle North Hilton Minneapolis North * * 2200 Freeway Boulevard BC Bar and Grill (Formerly Ref's) * 2545 County Road 10 TGI Friday's 2690 Freeway Boulevard [* Subject to Liquor Liability Insurance Certificate, Certified CPA Statement, and /or Proof of Payment of Property Taxes on or before December 31, 2004] [ ** Subject to Background Investigation Approval for new General Manager on or before December 31, 2004] LIOUOR — CLASS F ON -SALE INTOXICATING AND SUNDAY Flik International 6155 Earle Brown Drive LIOUOR — CLUB AND SUNDAY Duoos Brothers American Legion Post No. 630 6110 Brooklyn Boulevard LIQUOR — ON SALE 3.2 PERCENT MALT LIOUOR 50's Grill * 5524 Brooklyn Boulevard Centerbrook Golf Course 5500 Lilac Drive Chuck Wagon Grill * 1928 57 Avenue North Davanni's 5937 Summit Drive Great India 6056 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Avenue North LIOUOR — OFF SALE 3.2 PERCENT MALT LIOUOR Cub Foods 3245 County Road 10 SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 190157 th Avenue North Value Food * 6804 Humboldt Avenue North Winner Gas 6501 Humboldt Avenue North [* Subject to liquor liability insurance certificate on or before December 31, 20041 12/13/04 -3- LIQUOR — ON -SALE WINE 50's Grill * 5524 Brooklyn Boulevard Great India 6056 Shingle Creek Parkway [* Subject to liquor liability insurance certificate on or before December 31, 2004] MECHANICAL Air Comfort Specialists, Inc. 662 116 Lane NE, Blaine C & C HVAC, Inc. 21 Oak Avenue South, Maple Lake DeZiel Heating & Air 1612 3 rd Avenue NE, Buffalo Utility Partners, Inc. 9901 Indigo Trail, White Bear Lake PAWNBROKER Cash -n -Pawn 1964 57 Avenue North RENTAL Renewal: Brookhaven Apartments - Hyder Jaweed Earle Brown Farm Apartments - Sheldon Tysk Emerson Chalet Apartments - Tom Morrow Garden City Court - Virginia Podnieks Georgetown Park Townhomes - Wiensch Construction 4718 Twin Lake Avenue North - Richard & Elizabeth Becht Sterling Square Apartments - John Roder 321863 d Avenue North - Eugene Hess 5337 70 Circle - Gary Bistodeau 5101 Eleanor Lane North - Michael Potaczek 5550 Girard Ave North - David Trepanier 6637 Xerxes Place North - Douglas Finch 6765 Humboldt Avenue North — Suburban Properties, LLC (Kwi Ha Wong) Initial: 5301 -5305 Russell Avenue North - Nedzad Ceric 2807 66 Avenue North - Nicole Franklin 1304 68 Lane North - Samuel Holloway III 4806 69 Avenue North - Mason White Sr. 4824 71 Avenue North - Phia Xiong 3907 Burquest Lane North - Malcolm Vinger II 6007 Colfax Avenue North - Errol Edwards 5548 Logan Avenue North - Brenda Stachowski 5339 Queen Avenue North - Abraham Murphy SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway SIGN HANGER Universal Signs 1033 Thomas Avenue, St. Paul 12/13/04 -4- TOBACCO RELATED PRODUCT American Legion Post 630 6110 Brooklyn Boulevard Humboldt Shell 6840 Humboldt Avenue North 7c. RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES RESOLUTION NO. 2004 -173 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE/REDUCTIONS FOR ORIENTAL MARKET, 1601 FREEWAY BOULEVARD; HOLIDAY STATIONSTORES, INC., 6890 SHINGLE CREEK PARKWAY; AND NORSE MANAGEMENT, INC., TOWNHOMES AT 68TH PLACE AND IRVING PLACE A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the site performance guarantee release /reductions for Oriental Market, 1601 Freeway Boulevard; Holiday StationStores, Inc., 6890 Shingle Creek Parkway; and Norse Management, Inc., Townhomes at 68 Place and Irving Place. Motion passed unanimously. 8. PUBLIC HEARING ITEMS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 71 AVENUE NORTH AND BROOKLYN BOULEVARD) City Manager Michael McCauley discussed that the legal description used in this ordinance amendment is established by the platting of the property under consideration. The final plat approval by the City Council and the filing of the plat with Hennepin County is necessary to create a new legal description and has not yet been accomplished. It is recommended that the City Council open the public hearing, take public input, and table the public hearing to January 10, 2005, at which time the final plat should accomplished. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 12/13/04 -5- A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to table the Public Hearing to January 10, 2005. Motion passed unanimously. 8b. 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 Peppe, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004-22 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. CONSIDERING THE PROPOSED 2005 -2009 CAPITAL IMPROVEMENT PROGRAM — RESOLUTION ADOPTING CAPITAL IMPROVEMENT PROGRAM Mr. McCauley discussed that the City Council annually adopts a five year Capital Improvements Program (CIP) and that a public hearing is to be conducted on the proposed program. Director of Public Works /City Engineer Todd Blomstrom informed that the Park and Recreation Commission had reviewed and recommended the proposed improvements and that the only changes from the previously adopted CIP would be the Shingle Creek Parkway project had been split and the Earle Brown Drive project had been changed to be done in 2005 -2006. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 12/13/04 -6- A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. Councilmember Niesen inquired if the price of street projects could be negotiated in two -year cycles. Mr. Blomstrom discussed that it would be difficult for two -year cycles because of the design and bidding process. RESOLUTION NO. 2004-174 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8d. CONSIDERATION OF 2005 BUDGET 1. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2005 2. RESOLUTION ESTABLISHING A FINAL MARKET VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2005 3. RESOLUTION ADOPTING THE 2005 GENERAL FUND BUDGET 4. RESOLUTION ADOPTING THE 2005 SPECIAL REVENUE FUND BUDGETS 5. RESOLUTION ADOPTING THE 2005 DEBT SERVICE FUND BUDGETS 6. RESOLUTION ADOPTING THE 2005 CAPITAL PROJECT FUND BUDGETS 7. RESOLUTION ADOPTING THE 2005 ENTERPRISE FUND BUDGETS 8. RESOLUTION ADOPTING THE 2005 PUBLIC UTILITY FUND BUDGETS 12/13/04 -7- 9. RESOLUTION ADOPTING THE 2005 INTERNAL SERVICE FUND BUDGETS Mr. McCauley discussed that the 2005 Budget includes levies for the police and fire, debt service, special assessments, and various allocations. He provided a PowerPoint overview of the 2005 Budget that had been previously reviewed by the Council at the Truth in Taxation Hearing on December 6, 2004. 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 where the money comes from for the 2005 Special Revenue Fund Budgets. Mr. McCauley responded that tax increment was the primary source. Ms. O'Connor asked if residents in that area would pay more in taxes due to tax increment. Mr. McCauley outlined the structure of tax increment. A motion by Councilmember Carmody, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2004-175 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-176 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A FINAL MARKET VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-177 Councilmember Lasman introduced the following resolution and moved its adoption: 12/13/04 -8- RESOLUTION ADOPTING THE 2005 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-178 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 SPECIAL REVENUE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-179 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 DEBT SERVICE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-180 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 CAPITAL PROJECT FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -181 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 ENTERPRISE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -182 Councilmember Lasman introduced the following resolution and moved its adoption: 12/13/04 -9- RESOLUTION ADOPTING THE 2005 PUBLIC UTILITY FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-183 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 INTERNAL SERVICE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF THE ANNUAL SAFETY CAMP PROGRAM Mayor Kragness read the resolution expressing appreciation for the $3,000 donation from the Brooklyn Center Fire Relief Association to be used in support of the Annual Safety Camp Program. RESOLUTION NO. 2004-184 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF THE ANNUAL SAFETY CAMP PROGRAM - The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. 2005 CITY COUNCIL MEETING SCHEDULE Mr. McCauley discussed the proposed 2005 City Council meeting schedule continues Council and work session meetings in the same fashion with regular meetings on the second and fourth Mondays. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt the 2005 City Council meeting schedule. Councilmember Niesen inquired if the August Facilitated Retreat could be considered for a date in September. Mr. McCauley suggested that the Council consider the fall Facilitated Retreat date at the February Facilitated Retreat with Mr. Neu and suggested that the proposed meeting schedule be amended to read August/September for the fall Facilitated Retreat. 12/13/04 -10- Councilmember Carmody amended her motion, seconded by Councilmember Lasman amending her motion, to adopt the amended 2005 City Council meeting schedule to read August/September for the fall Facilitated Retreat. Motion passed unanimously. 9c. CONSIDERATION OF MITIGATION PLAN AND PROVISIONAL RENTAL LICENSE FOR 5240 DREW AVENUE NORTH Mr. McCauley discussed that Troy Norberg, Manager of rental property for 5240 Drew Avenue North, had submitted a mitigation plan that was satisfactory to Community Development staff. This mitigation plan would allow for a provisional license that would be for six months. If the calls for service would remain at or below the ordinance maximum for twelve months they may apply for a regular rental license at that time. A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the mitigation plan and provisional rental license for 5240 Drew Avenue North. Motion passed unanimously. 9d. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LANG ADDITION, REPLAT OF BLOCK 2 LANG ADDITION AND CENTER BROOK ADDITION Mr. McCauley discussed that this ordinance vacation is part of the preliminary plat approval for the Willow Lane School property and would call for a second reading and public hearing on January 24, 2005. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing on January 24, 2005. Motion passed unanimously. 9e. RESOLUTION ACCEPTING THE DONATION OF A BAIT CAR FROM CITYWIDE TOWING TO THE CITY OF BROOKLYN CENTER POLICE DEPARTMENT TO BE USED AS A THEFT FROM AUTO AND VEHICLE THEFT DECOY CAR Mr. McCauley discussed that this resolution would accept the vehicle donation of a bait car from City Wide Towing. RESOLUTION NO. 2004-185 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE DONATION OF A BAIT CAR FROM CITYWIDE TOWING TO THE CITY OF BROOKLYN CENTER POLICE DEPARTMENT TO BE USED AS A THEFT FROM AUTO AND VEHICLE THEFT DECOY CAR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 12/13/04 -11- i 9f. RESOLUTION SETTING SALARIES FOR CALENDAR YEARS 2005 -2006 Mr. McCauley discussed that a survey had been done and based on the evaluation of that survey it is recommended to set salaries for calendar years 2005 -2006 with a three percent increase. RESOLUTION NO. 2004-186 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES FOR CALENDAR YEARS 2005 -2006 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9g. RESOLUTION SETTING 2005 -2006 CAFETERIA PLAN CONTRIBUTION FOR NON -UNION EMPLOYEES Mr. McCauley discussed that parallel to the contract for Local 49 this resolution would adopt the 2005 -2006 Cafeteria Plan contribution for non -union employees. The City's contribution for regular, full -time non -union City Employees for the calendar year 2006 will contribute 60 percent of the first $80 of insurance premium increase over the $902.97 premium cost of the Medica Family Elect Plan and in 2005 50 percent of the amount of monthly premium increase above $80 per month per employee for use in the Employers Cafeteria Benefit Plan. RESOLUTION NO. 2004 -187 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING 2005 -2006 CAFETERIA PLAN CONTRIBUTION FOR NON-UNION EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9h. RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2005 AND 2006 Mr. McCauley discussed that in reviewing comparable cities the public works employees are below the average of pay and insurance contributions. The proposed labor agreement with Local 49 would result in a two -year agreement with a three percent salary increase and payments to the cafeteria plan would increase as discussed during the budget preparation at a total of $605 per month and a $15 monthly increase for 2005. In 2006, the City would pay an additional amount equal to 60 percent of the first $80 of premium increase and 50 percent of premium increase over $80 per month. 12/13/04 -12- Councilmember Niesen inquired about the number of public works positions left after recent reductions. Mr. Blomstrom discussed that the department had some retirements and one employee who left leaving the workload for the department more difficult to handle; however, they continue trying to hold the level of service required. RESOLUTION NO. 2004-188 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2005 AND 2006 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9i. RESOLUTION AMENDING GENERAL FUND BALANCE POLICY Mr. McCauley discussed that the City's Auditor suggested that the City review its Fund Balance or Reserve Policy. The Financial Commission had conducted a review and is recommending adoption of a proposed Financial Management Policy amendment to Section 2.3 D. 1. and 2. Under current Reserve Policy, the City Fund Balance target is 45 percent of the anticipated General Fund Expenditures in the next year. The policy also provides that one half of the amount in excess of 45 percent may be transferred out of the General Fund. The proposed policy is more specific about the uses for which excess Fund Balance may be transferred and allocates those funds for capital purposes in the Street Reconstruction Fund, Capital Project Fund, and Technology Fund. The other portion of the policy proposal streamlines the process of these transfers and allows transfers to occur in the budget year. This reduces the Fund Balance at the end of the City's fiscal year and avoids confusion over the amount of money being retained for necessary cash flow and contingency purposes in the General Fund. Currently the amount of money at the end of the year is higher than what is planned to be retained for operating purposes since the anticipated capital transfers are not made until the year following. RESOLUTION NO. 2004-189 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING GENERAL FUND BALANCE POLICY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 12/13/04 -13- 9j. RESOLUTION TRANSFERRING GENERAL FUND BALANCE FOR CAPITAL PURPOSES Mr. McCauley discussed that pursuant to the approval of the resolution amending the General Fund Balance Policy, this resolution would allow the transfer of monies from the General Fund on or before December 31, 2004, to the Street Reconstruction Fund, Capital Project Fund, and Technology Fund in amounts that will be consistent with the Fund Balance Policy. Councilmember Lasman inquired if funds would be able to be transferred back if needed. Mr. McCauley discussed that the Council can at any time transfer money back to the General Fund. RESOLUTION NO. 2004 -190 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TRANSFERRING GENERAL FUND BALANCE FOR CAPITAL PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9k. RESOLUTION DISMISSING APPEAL Mr. McCauley discussed that the City Attorney had reviewed and issued compliance orders for the properties at 5801 and 5809 Brooklyn Boulevard and 3603 58`" Avenue. The licensee of the three properties filed an appeal which is recommended to be dismissed since the appeals were filed 21 days after the issuance of the compliance orders. RESOLUTION NO. 2004-191 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DISMISSING APPEAL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Carmody to adjourn the City Council meeting at 8:43 p.m. Motion passed unanimously. City Clerk Mayor 12/13/04 44-