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HomeMy WebLinkAbout2003 02-10 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 FEBRUARY 10, 2003 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 Pro Tem Kay Lasman, Councilmembers Kathleen Carmody, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Amy Luesebrink, 5557 James Avenue North, addressed the Council to discuss a resolution she had provided for the Council's consideration regarding the support for Xcel Energy's Metro Emissions Reduction Project. Council discussed and it was noted that this resolution would be added to the agenda for consideration. Dan Remiarz, 6201 June Avenue North, addressed the Council to request that the Informal Open Forum be televised and stated that he would like something in writing as to the outcome of his request. Councilmember Niesen informed Mr. Remiarz that she supports his request and discussed that one of her goals, as a new Councilmember, is to look at how the City communicates with citizens. Mayor Pro Tem Lasman discussed that the decision to not televise Informal Open Forum was because some citizens were intimidated by being on camera and not televising the Informal Open Forum would help citizens to feel more comfortable about addressing the City Council. Mayor Pro Tem Lasman suggested that this issue be placed on a City Council Work Session agenda to discuss and that the City Manager keep Mr. Remiarz informed. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Bob Jechorek offered the invocation. 02/10/03 _1 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Pro Tern Lasman at 7:03 p.m. 4. ROLL CALL Mayor Pro Tern Kay Lasman, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Planning and Zoning Specialist Ron Warren, Acting City Engineer Scott Brink, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen and Councilmember Carmody reported that they attended the 92 Birthday Celebration on February 8, 2003. Mayor Pro Tern Lasman reported that she attended D.A.R.E. Graduation Ceremonies on January 28, 2003, January 30, 2003, and February 4, 2003. She attended the Special Events Committee meetings on January 30, 2003, and February 6, 2003; the 92 Birthday Celebration on February 8, 2003, and the Snow Days in the Park Event on February 1, 2003. 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 addition of agenda item 9j, Resolution Supporting Xcel Energy's Metro Emissions Reduction Project. Motion passed unanimously. 7. APPROVAL OF MINUTES There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the minutes of January 22, 2003, joint meeting with the Charter Commission; and the February 27, 2003, study and regular sessions. Councilmember Niesen abstained from the January 22, 2003, minute approval. Motion ass pp passed. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. 02/10/03 -2- GASOLINE SERVICE STATION Qwest Communications 6540 Shingle Creek Parkway MECHANICAL Silvernail Ent. Ltd 6603 36 Ave N, Crystal RENTAL Renewal: 6721 5 Street North Matthew Bolen 5909 June Avenue North Janine Atchison Initial: 6753 Humboldt Avenue North Kwi Ha Wong - Suburban Properties (Formerly Morning Sun Investments) 7c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM THE EARLE BROWN ELEMENTARY PTA FOR AN EVENT TO BE HELD ON APRIL 11, 2003 A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the application for exemption from lawful gambling license from the Earle Brown Elementary PTA for an event to be held on April 11, 2003. Motion passed unanimously. 7d. RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS RESOLUTION NO. 2003 -19 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7e. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CHI -CHI'S RESTAURANT RESOLUTION NO. 2003-20 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CHI -CHI'S RESTAURANT 02/10/03 -3- i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7f. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR RAINBOW FOODS RESOLUTION NO. 2003-21 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR RAINBOW FOODS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7g. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CUB FOODS RESOLUTION NO. 2003-22 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CUB FOODS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7h. RESOLUTION AUTHORIZING THE CONVEYING OF CITY -OWNED PARCEL TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION RESOLUTION NO. 2003 -23 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONVEYING OF CITY -OWNED PARCEL TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7i. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 02/10/03 -4- RESOLUTION NO. 2003 -24 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7j. RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID RULES, IMPROVEMENT PROJECT 2002 -05, XERXES AVENUE NORTH RECONSTRUCTION (NORTHWAY DRIVE TO I -94) RESOLUTION NO. 2003-25 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID RULES, IMPROVEMENT PROJECT 2002 -05, XERXES AVENUE NORTH RECONSTRUCTION (NORTHWAY DRIVE TO I -94) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2003-002 SUBMITTED BY DEAN GANNON. REQUEST FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 4 -UNIT TOWNHOME COMPLEX AT THE NORTHEAST CORNER OF 50 AVENUE NORTH AND FRANCE AVENUE NORTH (5000 FRANCE AVENUE NORTH). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT IT JANUARY 30, 2003, MEETING. City Manager Michael McCauley discussed that Planning Commission Application No. 2003 -002 submitted by Dean Gannon requesting for site and building plan approval to construct a 4 -unit townhome complex at the northeast corner of 50'' Avenue North and France Avenue North (5 000 France Avenue North) had been approved by the Planning Commission at its January 30, 2003, meeting and is recommended for approval by the City Council. 02/10/03 -5- I Councilmember Niesen informed the Council that she had a few questions and inquired if Planning and Zoning Specialist Ron Warren was going to do a presentation on the issue. Mr. Warren outlined the application submitted and noted that on the eighth condition approved by the Planning Commission, the application would need to replace the curb and gutter. He informed the Council that the Planning Commission recommended approval of Application 2003 -002 subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 8. All driveways in this development shall be either blacktop or concrete in accordance with the requirements of the Zoning Ordinance. 9. The landscape plan shall be modified prior to the issuance of building permits to include additional shrubbery around the foundation of the building and in the green strip areas between the driveways. 10. The proposed landscaping along the north side of the site is considered to be an acceptable substitute for meeting the screening requirements of the Zoning Ordinance. 02/10/03 -6- 11. The property owner shall execute an appropriate sidewalk easement, as approved by the City Engineer, for the portion of bituminous sidewalk at the southwest corner of the site. Said easement shall be executed prior to the issuance of building permits for this project. 12. The owner shall obtain a rental dwelling license from the City of Brooklyn Center if the townhome units are to be rented. 13. The owner shall replat the property or file a condominium declaration per the Minnesota Condominium Act if the units are to be sold separately. Councilmember Niesen asked if there would be two or four driveways. Mr. Warren responded that there will be four driveways and that they will comply with the standard width of the City's Ordinance. Councilmember Peppe questioned if the properties will be market value. Applicant Dean Gannon addressed the Council and informed that the properties will be market value. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -002 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESCHEDULE FEBRUARY 18, 2003, CITY COUNCIL WORK SESSION TO FEBRUARY 24, 2003, IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING Mr. McCauley suggested that the Council reschedule the February 18, 2003, City Council Work Session to February 24, 2003, immediately following the Regular City Council meeting so that all Council Members would be able to attend the Work Session. A motion by Councilmember Carmody, seconded by Councilmember Peppe to reschedule the February 18, 2003, City Council Work Session to February 24, 2003, immediately following the Regular City Council meeting. Motion passed unanimously. 9b. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER Mr. McCauley discussed that the Charter Commission recommended an ordinance amendment to Chapter 4, Section 4.05 in order to comply with State Law. Councilmember Peppe questioned Section 3.01 that had been previously discussed with the Charter Commission. Mr. McCauley informed that the approval for this ordinance amendment is for Chapter 4, Section 4.05, and that the public hearing will be to only move forward with Section 4.05. 02/10/03 -7- A motion by Councilmember Peppe, seconded by Councilmember Niesen to approve first reading and set second reading and public hearing on March 10, 2003. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND Mr. McCauley discussed that this resolution relates to agenda item 9h, LOGIS Police Software, and that the resolution authorizes a transfer from the General Fund to the Capital Projects Fund. This transfer will reduce the Police Department Support Services budget for 2002 and support the Council's goal of providing capital for projects of this nature and accounting for them in the Capital Projects Fund. RESOLUTION NO. 2003-26 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. Councilmember Niesen questioned how to proceed with raising a discussion regarding agenda items. She believes there are times when motions are made quickly not allowing the opportunity for discussion. Mayor Pro Tem. Lasman explained the process the Council has been practicing. Councilmember Niesen suggested that the Council discuss this issue at a work session. 9d. RESOLUTION ADOPTING THE CITY OF BROOKLYN CENTER CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN Mr. McCauley discussed that the City is required to adopt under various laws a Critical Area Plan and requested Mr. Warren to provide a presentation on the proposed plan. Mr. Warren outlined the materials prepared for the Council and discussed sections of the proposed Critical Area and Mississippi National River and Recreation Area Plan: Steve Cooper, 6632 West River Road, addressed the Council to discuss and express concerns he has with the riverbank project. He believes that the riverbank is not in any danger and suggested that the Council consider the reports that have been done regarding the project. 02/10/03 -8- Janet Jordan, 6640 West River Road, addressed the Council to reiterate what Mr. Cooper had discussed and to inform the Council that she will loose her deck if the project moves forward. She believes there has been no satisfaction with the seven property owners involved and that there is no valid reason for this project. Lisa McNaughton, 6632 West River Road, addressed the Council to suggest that the City Council warrant further discussion of this project for the sake of all property owners involved. Mr. Warren informed the residents that the requested action this evening is to adopt the Critical Area and Mississippi National River and Recreation Area Plan, not the riverbank project. Mayor Pro Tern Lasman questioned if the plan was approved this evening if the riverbank project would continue. Mr. McCauley informed the Council that the riverbank project had already been approved by the City Council. He suggested that the Acting City Engineer Scott Brink prepare a report on the history and the actions taken on this project and to make the report available for the City Council and the neighbors involved. Councilmember Peppe discussed that after hearing the comments this evening he would like to have this project re- examined. He believes that Mr. Cooper has a good argument and that the Council needs to get more up to speed on this project and maybe even visit the project area. Council further discussed the project area and the eminent domain process used for the project. City Attorney Charlie LeFevere informed the Council that he believes that the eminent domain process could be put on hold. Mr. Brink informed that real estate appraisals are currently being done and that there are additional easements required. There has been no offers or condemnations at this point. Councilmember Niesen informed that she is confused about this plan and is not ready to vote at this time. She questioned why the Capital Improvement Program (CIP) is in the Critical Area Plan and when it was written or last reviewed. Mr. Warren informed that the Critical Area Plan was written last fall and that the CIP is required as part of the plan. He provided a history and the methodology used for creating and updating the Critical Area Plan. Councilmember Peppe proposed that the Council adopt the resolution adopting the Critical Area and Mississippi National River and Recreation Area Plan and to put the riverbank project on hold to such a time the Council can get up to speed on the project. Councilmember Carmody seconded that motion. Councilmember Niesen discussed that she had issues of her own recently and that she believes no matter who is employed, someone needs to call or do something to make the communication strong regarding projects such as this. She requested a copy of the Army Corps. of Engineers environmental report and asked that the authors appear at a future City Council meeting. 02/10/03 -9- Councilmember Carmody questioned what residents would need to be notified. Mr. Cooper addressed the Council and informed that he would assume responsibility for the neighbors. RESOLUTION NO. 2003-27 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE CITY OF BROOKLYN CENTER CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember Peppe made another motion to put the riverbank project on hold to such a time the Council can get up to speed on the project. Motions passed unanimously. 9e. BIDS RECEIVED FOR AIR PAKS AND TURNOUT CLOTHING FOR FIREFIGHTERS i - RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF FIFTY -TWO SETS OF TURNOUT CLOTHING FOR FIREFIGHTERS - RESOLUTION ACCEPTING QUOTE FROM MINNESOTA FIRE AGENCIES PURCHASING CONSORTIUM SELF CONTAINED BREATHING APPARATUS, CONTRACT NUMBER NZ- 2002 -4, AND AUTHORIZING THE PURCHASE OF THIRTY -FOUR SCOTT AIR PAK'S, THIRTY -FOUR SPARE AIR CYLINDERS, AND ONE RIT PAK FOR FIREFIGHTERS Mr. McCauley discussed that Fire Chief Ron Boman had solicited bids and that the two resolutions would accept the quotes received for turnout clothing and firefighter equipment. Councilmember Carmody requested that more descriptive materials be included with the agenda to help the Council better understand things they are not familiar with. RESOLUTION NO. 2003-28 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF FIFTY -TWO SETS OF TURNOUT CLOTHING FOR FIREFIGHTERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 02/10/03 -10- RESOLUTION NO. 2003-29 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE FROM MINNESOTA FIRE AGENCIES PURCHASING CONSORTIUM SELF CONTAINED BREATHING APPARATUS, CONTRACT NUMBER NZ- 2002 -4, AND AUTHORIZING THE PURCHASE OF THIRTY -FOUR SCOTT AIR PAK'S, THIRTY -FOUR SPARE AIR CYLINDERS, AND ONE RIT PAK FOR FIREFIGHTERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9E RESOLUTION ACKNOWLEDGING AND SUPPORTING APPLICATIONS FOR FUNDING TO THE MINNESOTA HOUSING FINANCE AGENCY AND FEDERAL HOME PROGRAM BY RESTART INCORPORATED AND AUTHORIZING EXECUTION OF ACKNOWLEDGEMENT OF RECEPTIVITY TO AN LCA (LIVABLE COMMUNITIES ACT) FUNDING AWARD Mr. McCauley discussed that the Council may wish to defer this item since there is so much uncertainty at this time. He informed the Council that representatives from Restart, Inc. were present if the Council wished to hear from them. Jim Jasper, Executive Director of Restart, Inc., addressed the Council to provide information regarding their request and ask the Council to consider moving forward with their request. Councilmember Peppe discussed that he has in the past opposed to these types of request and that he would have to be consistent with his opinions and not vote in favor of this issue. Councilmember Niesen asked Councilmember Peppe to explain why he would not be in favor of this issue. Councilmember Peppe discussed his opinion and the similar issue that had happened with Shingle Creek Towers. Mayor Pro Tern Lasman discussed that at this time of uncertainty she does not believe the City has the funds to approve this request. Patricia Gurel, representative with Restart Inc., addressed the Council to discuss the grant application process with the Minnesota Housing Finance Agency (MHFA) and asked if the Council would continue with support of acknowledging and supporting the applications for funding to the MHFA even if they could not approve the funding. 02/10/03 -11- Mr. McCauley informed the Council that the resolution could be amended to remove the language that would authorize any funding and that the amended resolution could be adopted with the direction to amend the title, remove the language in the third and fourth WHEREAS, and the second clause on page two of the resolution. RESOLUTION NO. 2003-30 Councilmember Carmody introduced the following amended resolution and moved its adoption: RESOLUTION ACKNOWLEDGING AND SUPPORTING APPLICATIONS FOR FUNDING TO THE MINNESOTA HOUSING FINANCE AGENCY AND FEDERAL HOME PROGRAM BY RESTART INCORPORATED The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9g. SETTLEMENT AGREEMENT IN THE MATTER OF BROOKLYN CENTER VERSUS XCEL ENERGY, ET AL. REGARDING CONDEMNATION AWARD FOR THE 5001 INVESTMENTS AS REQUIRED FOR THE FRANCE AVENUE PROJECT Mr. McCauley discussed that this settlement agreement in the matter of Brooklyn Center versus Xcel Energy, Et. Al, regarding condemnation award for the 5001 investments as required for the France Avenue Project is contingent on approval of the City Council. The settlement agreement provides for a total compensation of $550,000 for the property. The appraised value developed in connection with the eminent domain actions was $356,000. The owner's appraisal set the value of the land plus severance damages at approximately $915,000. The court appointed commissioners awarded $550,000. The settlement would result in both parties agreeing not to appeal the commissioner's award. Councilmember Niesen expressed her concern with this settlement agreement and stated that the original estimate of cost to acquire easements from the Murphy Warehouse property was $75,000. She informed since she was involved with this project she cannot vote on this settlement agreement due to a conflict of interest. Mr. McCauley responded that the value placed on the easement when estimating costs of the various options was substantially lower than either the professional appraiser's valuation or the court appointed commissioner's award. The original estimate did not contemplate, and in fact affirmatively indicated that severance damages were not associated with taking undeveloped land not used for parking or other purposes. The appraiser did find severance damages. His recollection was that Ms. Niesen's recollection of $75,000 sounded correct and as indicated the value placed on this easement was quite lower than the award. Councilmember Niesen informed that she believes the Council needs to listen more to citizens when issues are raised regarding the spending of their tax dollars and that something like this cannot happen again. 02/10/03 -12- Mayor Pro Tern Lasman questioned if this item could be tabled. Mr. LeFevere informed that the settlement agreement is contingent upon the City Council's approval and that the City would not be able to contest due to the passage of time. Councilmember Peppe stated that he believes the Council should have been made aware of this issue earlier and questioned who pays the additional costs when occurred. Mr. LeFevere informed the Council that the State would pay the additional costs. Councilmember Carmody recapped the eminent domain used on the 53` Avenue project. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the settlement agreement in the matter of Brooklyn Center versus Xcel Energy, Et. Al, regarding condemnation award for the 5001 investments as required for the France Avenue Project. Councilmember Niesen abstained. Motion passed. 9h. LOGIS POLICE SOFTWARE Mr. McCauley informed the Council that approval is needed to move forward with the budgeted plan to participate in the Police software conversion through LOGIS. This issue may resurface to discuss if the Council would like to pay cash. A motion by Councilmember Peppe, seconded by Councilmember Carmody to approve participation in the LOGIS Police software conversion. Motion passed unanimously. 9i. HAPPY HOLLOW NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS - RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2003 -01, 02 AND 03, HAPPY HOLLOW NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS - RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2003 -01 AND 02, CONTRACT 2003 -A, HAPPY HOLLOW NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. McCauley discussed that the process for the Happy Hollow project is proposed to have the project adopted at the same time the project is ordered and that the materials included would set the date of the public hearing on the assessments at the same time as the public hearing on the project itself. This process will be a potential savings for the City and save on staff time. 02/10/03 -13- Mayor Pro Tern Lasman questioned the process that will be used for setting the assessments. Mr. McCauley informed that the resolutions would be drafted to state that interest would not be started until fall. Councilmember Carmody questioned when mailings regarding the project are sent to residents. Mr. Brink informed the Council that a newsletter starts after the construction begins. RESOLUTION NO. 2003-31 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2003-01,02 AND 03, HAPPY HOLLOW NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. RESOLUTION NO. 2003 -32 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2003 -01 AND 02, CONTRACT 2003 -A, HAPPY HOLLOW NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9j, RESOLUTION SUPPORTING XCEL ENERGY'S METRO EMISSIONS REDUCTION PROJECT Mr. McCauley discussed this resolution was added to the agenda at the request of Amy Luesebrink, a resident of Brooklyn Center. Ms. Luesebrink addressed the Council to discuss the purpose of the resolution and to request support for the approval of the resolution. Councilmember Carmody made a motion to approve the resolution. Councilmember Peppe stated that he has a concern with adopting this resolution since a dollar amounts are not available or in writing. Ms. Luesebrink informed the Council that she believes Xcel Energy is projecting roughly three to four dollars for residential properties. Mayor Pro Tern Lasman informed Ms. Luesebrink that she believes this resolution is a worthwhile cause; however, the timing is not right and thanked her for bringing the issue forward. 02/10/03 -14- Mayor Pro Tern Lasman informed Ms. Luesebrink that she believes this resolution is a worthwhile cause; however, the timing is not right and thanked her for bringing the issue forward. Councilmember Niesen stated that she supports the issue and the interest and suggested getting more information and to inquire about a regional group. A motion by Councilmember Peppe, seconded by Councilmember Niesen to deny the resolution. Councilmember Carmody voted against the motion. Motion passed. 10. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Carmody to adjourn the City Council meeting at 9:36 p.m. Motion passed Jw,wK,Zw(--,, City Clerk Mayor 61 02/10/03 -15-