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HomeMy WebLinkAbout2003 12-08 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 DECEMBER 8, 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 6:50 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Jerry Blarney, 7136 Willow Lane North, addressed the Council to express concern about the traffic signal sequence change at 66 Avenue North and Highway 252. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Niesen to adj ourn the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Father David Shannon, St. Alphonsus Parish, offered the Invocation. 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 7:12 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 12/08/03 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Holly Sunday event on December 7, 2003; and wished to thank the Brooklyn Center Lions for their support with the event. Councilmember Niesen reported that there is an Eagle's nest on the southern portion of Upper Twin Lake and that some residents are looking into some signage to help preserve the nest from snowmobiles. Mayor Kragness reported that she attended the Holly Sunday event on December 7, 2003; and expressed thanks to the Brooklyn Center Lions for their support with the event. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness informed that Council Consideration Item 10a, Bond Sales, was going to be repositioned to Appearances as item 8a. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda with the amendment of repositioning Council Consideration Item 10a, Bond Sales, to Appearances as item 8a. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the November 24, 2003, study, regular, and work session; and the December 1, 2003, truth in taxation meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. CHRISTMAS TREE SALES PQT Company 21050 Lake George Boulevard NW, Oak Grove GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Avenue North Humboldt Shell 6840 Humboldt Avenue North SuperAmerica #4058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road 12/08/03 -2- LIOUOR — CLASS A ON -SALE INTOXICATING AND SUNDAY Olive Garden 1602 James Circle North Vallarta's Mexican Restaurant 6000 Shingle Creek Parkway LIOUOR — CLASS B ON -SALE INTOXICATING AND SUNDAY AMF/Earle Brown Lanes 6440 James Circle North Hilton Minneapolis North 2200 Freeway Boulevard TGI Friday's 2590 Freeway Boulevard LIOUOR — CLASS F ON -SALE INTOXICATING AND SUNDAY Earle Brown Heritage Center 6155 Earle Brown Drive LIOUOR — CLUB Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIOUOR — OFF -SALE 3.2 PERCENT MALT LIOUOR Cub Foods 3245 County Road 10 SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue North Value Food 6804 Humboldt Avenue North Winner Gas 6501 Humboldt Avenue North t LIOUOR — ON -SALE 3.2 PERCENT MALT LIOUOR 50's Grill 5524 Brooklyn Boulevard Centerbrook Golf Course 5500 Lilac Drive Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 6816 Humboldt Avenue North LIOUOR — ON -SALE WINE 50's Grill 5524 Brooklyn Boulevard PAWNBROKER Cash -n -Pawn 1964 57 Avenue North SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway TOBACCO RELATED PRODUCT American Legion Post 630 6110 Brooklyn Boulevard Humboldt Shell 6840 Humboldt Avenue North Brookdale Citgo 5710 Xerxes Avenue North SuperAmerica #4058 1901 57 Avenue North SuperAmerica #4160 6545 West River Road 12/08/03 -3- The following licenses are annroved subiect to the conditions listed: LIOUOR — ON -SALE CLASS B INTOXICATING AND SUNDAY Applebee's 1400 Brookdale Mall [subject to proof of payment of property taxes on or before December 31, 20031 LIOUOR — ON -SALE 3.2 PERCENT MALT Chuckwagon Grill 1928 57th Avenue North [subject to submittal of liquor liability insurance certificate] 7c. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NOS. 1, 2, AND 3 AND CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2002 -04, CONTRACT 2002 -D, FRANCE AVENUE RELOCATION RESOLUTION NO. 2003-189 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NOS. 1, 2, AND 3 AND CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2002 -04, CONTRACT 2002 -D, FRANCE AVENUE RELOCATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7d. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2002 -19, CONTRACT 2002 -I, SHINGLE CREEK TRAIL RECONSTRUCTION RESOLUTION NO. 2003-190 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2002 -19, CONTRACT 2002 -I, SHINGLE CREEK TRAIL RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/08/03 4- 7e. RESOLUTION APPROVING CHANGE ORDER NO. 5, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2002-05,06,07 & 14, CONTRACT 2002 -B, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 2003-191 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 5, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2002-05,06,07 & 14, CONTRACT 2002 -13, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember p g g Peppe. Motion passed unanimously. 7E RESOLUTION AUTHORIZING AN AGREEMENT WITH OSSEO SCHOOL DISTRICT NO. 279 FOR RELOCATION OF STORM SEWER AND VACATION OF AN EXISTING STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL RESOLUTION NO. 2003-192 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN AGREEMENT WITH OSSEO SCHOOL DISTRICT NO. 279 FOR RELOCATION OF STORM SEWER AND VACATION OF AN EXISTING STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7g. RESOLUTION APPROVING CHANGER ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2002-01,02, AND 03, CONTRACT 2002 -A, SOUTHWEST NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 2003-193 Councilmember Lasman introduced the following resolution and moved its adoption: 12/08/03 -5- RESOLUTION APPROVING CHANGER ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2002-01,02, AND 03, CONTRACT 2002 -A, SOUTHWEST NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7h. RESOLUTION SETTING SALARIES FOR THE CALENDAR YEAR 2004 RESOLUTION NO. 2003-194 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES FOR THE CALENDAR YEAR 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7i. RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2004 RESOLUTION NO. 2003-195 Councilmember Lasman 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 YEAR 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. APPEARANCES 8a. BOND SALES - RESOLUTION ACCEPTING OFFER ON SALE OF $5,045,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2004A, LEVYING A TAX THEREFOR AND PROVIDING FOR THEIR ISSUANCE 12/08/03 -6- - RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,470,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B Bob Thistle, representative from Springsted, addressed the Council to discuss the bond sales for the $5,045,000 General Obligation Police and Fire Building Refunding Bonds, Series 2004A and the $2,470,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2004B. The City's A -1 Bond Rating was confirmed by Moody's. He recommended awarding the $5,045,000 General Obligation Police and Fire Building Refunding Bonds, Series 2004A to U.S. Bancorp Piper Jaffray Inc. with a true interest rate of 3.0347 percent and the $2,470,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2004B to Northland Securities with a true interest rate of 3.8008 percent. He informed that the sale of these bonds do not extend the bonds or amend their structure; and that the sale of these bonds has met the three percent advance refund State requirements. RESOLUTION NO. 2003 -196 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING OFFER ON SALE OF $5,045,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2004A, LEVYING A TAX THEREFOR AND PROVIDING FOR THEIR ISSUANCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. RESOLUTION NO. 2003 -197 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,470,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 8b. RECOGNITION OF CITY COMMISSIONERS - RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS Councilmember Lasman read the resolution while Mayor Kra ness resented those Y g resent a p p certificate of appreciation. The following are those who were recognized: 12/08/03 -7- Jerald Blamey, Financial Commission 11/25/96 — 12/31/03 Robert Cambanes, Charter Commission 7/21/99 — 7/20/03 JoAnn Campbell- Sudduth, NWHHSC Commission 1/28/03 — 7/30/03 Lloyd Deuel, Housing Commission 9/25/95 — 12/31/03 Ernie Erickson, Housing Commission 8/28/89 — 12/31/03 Sylvester Knapp, Charter Commission 6/7/95 — 6/7/03 Todd Paulson, Charter Commission 3/21/95 — 5/8/03 John Whitehead, Planning Commission 2/8/99 — 12/31/03 Gavin Wilkinson, Financial Commission 10/13/98 — 12/31/03 R Carl Wolter, Charter Commission 3/21/95 — 3/22/03 (The highlighted names are those who were present to receive a certificate.) RESOLUTION NO. 2003 -198 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8c. LANG- NELSON ASSOCIATES - REGARDING REQUESTED STREET IMPROVEMENTS, 6100 BLOCK, FREMONT AVENUE NORTH Mr. McCauley discussed that Lang- Nelson Associates, owners of the apartment complex at 6125 and 6201 Lilac Drive North, had requested a project proposal to remove the cul -de -sac and connect Fremont Avenue to Lilac Drive at 62 °d Avenue. Paul Brewer, Lang- Nelson Associates representative, addressed the Council to discuss the request and ask that the Council consider paying half the cost of the project. He expressed that he believes the project would be a positive improvement and beneficial for the neighborhood. He asked that the project be considered for 2004 as part of the City's construction plans. Council discussed the request and considered options that were feasible. Councilmember Lasman expressed that she would like to hear from residents regarding the proposal before making any decisions. Councilmember Niesen questioned if any alternatives had been considered such as signing or doing the project in 2005. 12/08/03 -8- Mr. Brewer informed that they had considered signs for the traffic issues; however, the signing would not help the residents trying to get from one building to the next; and that they were hoping to have something done in 2004 due to the traffic concerns. Mr. McCauley suggested that if the Council would like to consider the request for the project, the Council could continue to review options at a work session. Councilmember Niesen informed that she might support the work being done and the City helping with the funding in 2005. Councilmember Peppe asked if the funding could come from the Economic Development Authority (EDA). Mr. McCauley responded that might be possible. It was the consensus of the Council to continue reviewing the options for responding to this request. 9. PUBLIC HEARINGS 9a. CONSIDERATION OF 2004 BUDGET 1. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A k MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2004 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 2004 3. RESOLUTION ADOPTING THE 2004 GENERAL FUND BUDGET 4. RESOLUTION ADOPTING THE 2004 SPECIAL REVENUE FUND BUDGETS 5. RESOLUTION ADOPTING THE 2004 DEBT SERVICE FUND BUDGETS 6. RESOLUTION ADOPTING THE 2004 CAPITAL PROJECT FUND BUDGETS 12/08/03 -9- 7. RESOLUTION ADOPTING THE 2004 ENTERPRISE FUND BUDGETS 8. RESOLUTION ADOPTING THE 2004 PUBLIC UTILITY FUND BUDGETS 9. RESOLUTION ADOPTING THE 2004 INTERNAL SERVICE FUND BUDGETS Mr. McCauley outlined and reviewed the budget during a PowerPoint presentation and discussed that the resolutions would adopt the budgets for 2004. Councilmember Niesen suggested that next year the City's Legislative Representatives meet with the City Council. Mr. McCauley suggested that something be added to the January 12, 2004, agenda to include the City's Legislative delegation. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council regarding the proposed budget resolutions. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003-199 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 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. Pp p RESOLUTION NO. 2003-200 Councilmember Lasman introduced the following resolution and moved its adoption: 12/08/03 -10- 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 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-201 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-202 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 SPECIAL REVENUE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-203 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 DEBT SERVICE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-204 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 CAPITAL PROJECT FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/08/03 -11- RESOLUTION NO. 2003-205 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 ENTERPRISE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-206 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 PUBLIC UTILITY FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-207 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 INTERNAL SERVICE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9b. CONSIDERING THE PROPOSED 2004 -2008 CAPITAL IMPROVEMENT PROGRAM - RESOLUTION ADOPTING CAPITAL IMPROVEMENT PROGRAM Mr. McCauley discussed that each year the City plans a five year Capital Improvement Program (CIP). Director of Public Works /City Engineer Todd Blomstrom outlined the CIP plan for 2004- 2008 and informed that the additional changes since previous discussions in 2003 are the Freeway Boulevard bridge deck and Evergreen Park sidewalks. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. 12/08/03 -12- RESOLUTION NO. 2003-208 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 Niesen. Motion passed unanimously. 9c. AN ORDINANCE RELATING TO THE BROOKLYN CENTER BUILDING CODE: AMENDING BROOKLYN CENTER CITY CODE SECTIONS 3 -101, 3 -102, AND 3 -103 City Manager Michael McCauley discussed that the City is required to adopt building codes that reflect the State of Minnesota's International Building Code. Councilmember Peppe informed that he would abstain from the vote due to a conflict of interest. A motion by Councilmember Lasman, seconded by Councilmember Niesen to re -open the Public Hearing. Motion passed unanimously. Dale Greenwald, Cass Screw Machine Company, addressed the Council to question the impact of this ordinance. Mr. McCauley responded that the impacts are mandatory and would not be major. A motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-21 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO THE BROOKLYN CENTER BUILDING CODE: AMENDING BROOKLYN CENTER CITY CODE SECTIONS 3-101,3-102, AND 3 -103 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Niesen. Councilmember Peppe abstained from the vote. Motion passed. 9d. FRANCHISE FEE ORDINANCES 1. AN ORDINANCE IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF BROOKLYN CENTER 12/08/03 -13- 2. AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER 3. AN ORDINANCE AMENDING CITY ORDINANCE 97 -09 GRANTING AN ELECTRIC FRANCHISE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that before the Council are two ordinances that would implement and impose franchise fees for electric and gas operations and one ordinance that would amend the City's Franchise Agreement with Northern States Power (NSP) to reflect what is imposed for the franchise fee. He outlined a PowerPoint presentation that reviewed the proposed flat rate fees and discussed that the monies received from the franchise fees would be used to replace lost Local Government Aid (LGA) and geared to the neighborhood street program. He discussed that later on the agenda would be a resolution requiring a report and review on the franchise fees in February 05 if the ordinances are adopted; and a resolution allowing the City �' p � g to enter into agreements with the two utilities regarding treating a business as a single entity. A motion by Councilmember Lasman, seconded by Councilmember Niesen to re -open the Public Hearing. Motion passed unanimously. Mr. Greenwald addressed the Council to express thanks for the extra work done to help with the issue of franchise fees for all of his buildings. Sue Low, Allegra Print and Imaging, addressed the Council to express that she believes more communication is needed for business owners regarding this issue and future issues that involve business owners. Mayor Kragness suggested that she bring that up at the next Chamber meeting. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-22 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/08/03 -14- ORDINANCE NO. 2003-23 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. ORDINANCE NO. 2003-24 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CITY ORDINANCE 97 -09 GRANTING AN ELECTRIC FRANCHISE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. BOND SALES - RESOLUTION ACCEPTING OFFER ON SALE OF $5,045,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2004A, LEVYING A TAX THEREFOR AND PROVIDING FOR THEIR ISSUANCE - RESOLUTI A ON PROVIDING FOR THE ISSUANCE AND SALE OF $2,470,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B This item was repositioned to Appearances as item 8a. 10b. RESOLUTION EXPRESSING APPRECIATION TO THE FAMILY OF FORMER BROOKLYN CENTER POLICE CHIEF THOMAS O'HEHIR FOR THEIR DONATION OF $1,000 TO THE POLICE EXPLORER PROGRAM Mayor Kragness read the resolution expressing appreciation to the family of former Brooklyn Center Police Chief Thomas O'Hehir for their donation of $1,000 to the Police Explorer Program. RESOLUTION NO. 2003-209 Councilmember Peppe introduced the following resolution and moved its adoption: 12/08/03 -15- RESOLUTION EXPRESSING APPRECIATION TO THE FAMILY OF FORMER BROOKLYN CENTER POLICE CHIEF THOMAS O'HEHIR FOR THEIR DONATION OF $1,000 TO THE POLICE EXPLORER PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF AFTER SCHOOL PROGRAMS Mayor Kragness read the resolution expressing appreciation for the gift of $200 from the Brooklyn Center Lion's Club in support of After School Programs. RESOLUTION NO. 2003 -210 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF AFTER SCHOOL PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10d. RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT Mr. McCauley discussed that this resolution would accept $19,555 from the 2003 Local Law Enforcement Block Grant Program with the expenditure of matching funds by the City of $2,173 from the Capital and Other Equipment line items of the Police Department Budget. RESOLUTION NO. 2003-211 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. MAYORAL APPOINTMENTS TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION AND PARK & RECREATION COMMISSION 12/08/03 -16- Mayor Kragness requested ratification of Lumarie Watkins for the Northwest Hennepin Human Services Council Advisory Commission and Craig Hauger for the Park and Recreation Commission. A motion by Councilmember Lasman, seconded by Councilmember Peppe to ratify Mayoral nominations of Lumarie Watkins for the Northwest Hennepin Human Services Council Advisory Commission and Craig Hauger for the Park and Recreation Commission. Motion passed unanimously. lot AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CURRENCY EXCHANGES, TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS, SAUNAS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -1607, 23 -1709, 23 -2203 AND 23 -2309 Mr. McCauley discussed that a few years ago the Council adopted an ordinance amendment relating to locations of secondhand goods dealers, pawnshop, currency exchanges, and tattoo parlors and body piercing establishments. Saunas were not included in that amendment and this ordinance amendment would add language in Section 23 -1607 regarding sauna restrictions and regulations. Councilmember Lasman asked if there would be any further regulation of permits for saunas. City Attorney Charlie LeFevere discussed that the City already licenses saunas and that there are additional limitations on businesses through that licensing process. i i A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading of ordinance and set second reading and public hearing on January 12, 2004. Motion passed unanimously. log. RESOLUTION AUTHORIZING THE CITY MANAGER OR CITY MANAGER'S DESIGNEE TO ACKNOWLEDGE AND APPROVE APPLICATIONS FOR EXEMPT AND EXCLUDED ORGANIZATIONS TO CONDUCT LAWFUL GAMBLING Mr. McCauley discussed that this resolution would authorize the City Manager or his designee to acknowledge and approve applications for exempt and excluded organizations to conduct lawful gambling if it is determined by the City Manager that applications are in order and applicant is qualified with no reason for denial. If not approved by the City Manager or his designee, an application shall be presented to the Council for consideration. RESOLUTION NO. 2003 -212 Councilmember Lasman introduced the following resolution and moved its adoption: 12/08/03 -17- I RESOLUTION AUTHORIZING THE CITY MANAGER OR CITY MANAGER'S DESIGNEE TO ACKNOWLEDGE AND APPROVE APPLICATIONS FOR EXEMPT AND EXCLUDED ORGANIZATIONS TO CONDUCT LAWFUL GAMBLING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10h. ADOPT 2004 CITY COUNCIL MEETING SCHEDULE Mr. McCauley discussed that the Council meeting schedule for 2004 continues with Study Sessions /Work Sessions starting at 6:00 p.m.; Regular City Council meetings on the second and fourth Monday of each month starting at 7:00 p.m.; and schedules several special meetings. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt the 2004 City Council meeting schedule. Motion passed unanimously. 10i. RESOLUTION AUTHORIZING STIPULATION WITH XCEL ENERGY AND CENTERPOINT ENERGY REGARDING CASS SCREW MACHINE COMPANY Mr. McCauley discussed this is the resolution that was referred to during the public hearing process regarding franchise fees. This resolution would authorize Cass Screw Machine Company to be treated as a customer with one meter. Councilmember Niesen asked why this is being done for one specific company and what would happen if another company were to fall under these circumstances. Mr. McCauley responded that this operation was functionally one location. In the future the Council may wish to set a standard policy, if there were another company under these circumstances. RESOLUTION NO. 2003-213 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING STIPULATION WITH XCEL ENERGY AND CENTERPOINT ENERGY REGARDING CASS SCREW MACHINE COMPANY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10j. RESOLUTION REQUIRING REPORT AND REVIEW OF GAS AND ELECTRIC UTILITY FRANCHISE FEES 12/08/03 -18- Mr. McCauley discussed this resolution would require a report and review by the Council at the second meeting in February 2005 to review gas and electric utility franchise fees and the operation and advisability of its continuation. The use and future need for street reconstruction funding for purpose of the Council's review of the franchise fee rates would also be considered at that time. RESOLUTION NO. 2003-214 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REQUIRING REPORT AND REVIEW OF GAS AND ELECTRIC UTILITY FRANCHISE FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10k. RESOLUTION ADOPTING AMENDED SCHEDULE FOR GOLF COURSE LOAN REPAYMENT Mr. McCauley discussed the history of the golf course loan payment. He informed that this resolution would adopt an amended schedule for the golf course loan repayment which would extend the repayment schedule by one year and modifies the payment amounts in 2003 and 2004 to rebuild the fund balance of the golf course. Councilmember Niesen questioned what would happen if another year turns bad for the golf course. Mr. McCauley responded that it is uncertain at this time what would happen. RESOLUTION NO. 2003-215 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AMENDED SCHEDULE FOR GOLF COURSE LOAN REPAYMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 101. RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE FOR AN ADDITIONAL PAYMENT TO PRISM Mr. McCauley iscussed that this resolution would amend the 2003 General Fund Budget to provide Y g p for an additional payment to PRISM to provide medical transportation for Brooklyn Center residents. He informed that he had received an e -mail from PRISM indicating that they would like to discuss a joint letter from them and the Mayor regarding their services. 12/08/03 -19- RESOLUTION NO. 2003-216 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE FOR AN ADDITIONAL PAYMENT TO PRISM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10m. RESOLUTION AUTHORIZING TRANSFER OF $58,000 IN ACCUMULATED DEPRECIATION FROM THE CENTRAL GARAGE FUND TO THE GRANT FUND Mr. McCauley discussed that this resolution would authorize the transfer of $58,000 in accumulated depreciation from the Central Garage Fund to the Grant Fund for the purpose of funding participation in after school programming in 2004 and 2005. RESOLUTION NO. 2003-217 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING TRANSFER OF $58,000 IN ACCUMULATED DEPRECIATION FROM THE CENTRAL GARAGE FUND TO THE GRANT FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10n. RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT Mr. McCauley discussed that this resolution would authorize the use of previously received Auto Theft Prevention Grant monies to implement the proposed 18 months Auto Theft Prevention. He believes that this will be implemented in January 2004. RESOLUTION NO. 2003-218 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/08/03 -20- 100. SET SPECIAL CITY COUNCIL MEETING ON DECEMBER 29, 2003, AT 4:00 P.M. Mr. McCauley discussed that there are two liquor license holders who have not applied to renew their liquor licenses for 2004. If the Council wishes to schedule a special meeting on December 29, 2003, there would need to be three members to consider a liquor license. Council discussed. Councilmember Lasman informed that she would be available on December 29, 2003. Mayor Kragness said she would be available and expressed that deadlines need to be considered. Councilmember Niesen informed that she would be willing to set a special session this year to consider the liquor license renewals. A motion by Councilmember Lasman, seconded by Councilmember Peppe to set a Special City Council meeting on December 29, 2003, at 4:00 p.m. Motion passed unanimously. lop. RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE FOR ADDITIONAL CAPITAL FUNDING Mr. McCauley discussed that this resolution amends the 2003 General Fund Budget to provide for additional capital funding into the Technology Fund and provides that $275,000 shall not be expended from the Technology Fund without the express authorization of the City Council. Also, the sum of $100,000 is authorized for transfer into the Street Construction Fund. RESOLUTION NO. 2003-219 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE FOR ADDITIONAL CAPITAL FUNDING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. l0q. RESOLUTION AMENDING THE 2003 -2004 DEER MANAGEMENT IMPLEMENTATION PLAN Mr. McCauley discussed that this resolution would amend the 2003 -2004 Deer Management Implementation Plan as follows: • All deer harvesting will be carried out on weekdays only. • Deer harvesting over bait with special Department of Natural Resources permit in January and February is allowed in Palmer Lake Park. • Deer harvesting in January and February may occur during the hours of Noon and 7:00 p.m. 12/08/03 -21- Mr. McCauley outlined options to adopt the amendment or to defer deer management until fall of 2004. Councilmember Lasman felt more comfortable with the amended plan since hunting would be over bait. RESOLUTION NO. 2003-220 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2003 -2004 DEER MANAGEMENT IMPLEMENTATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting at 10:05 p.m. Motion passed unanimously. a =4 , 6u� '4 �� X�� � I , City Clerk 0 Mayor 12/08/03 -22-