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Home My WebLink About1999 01-25 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 25, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. INFORMAL OPEN FORUM Bill Bellm, 5652 Girard Avenue North, addressed the Council regarding vehicle weight restrictions on roads. Mr. Bellm was cited for parking his work vehicle in the alley behind his property. He discussed his purpose this evening was to ask the Council to raise the vehicle weight restriction, or modify the ordinance to allow him to park his work vehicle of 12,000 pounds behind his property in the alley. Mr. Bellm had been in contact with his surrounding neighbors and they did not have a problem with him parking this vehicle in the alley. Mayor Kragness asked if the background information could be assembled and reviewed. City Manager Michael McCauley suggested background information be prepared for the Council to review and discuss this issue at the February 22, 1999, City Council meeting. Mayor Kragness requested that all information be sent to Mr. Bellm prior to the meeting. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:59 p.m. Motion passed unanimously. 1/25/99 -1- 2. INVOCATION Pastor Todd Bullock of Lutheran Church of the Master 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 7:02 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Park and Recreation Commission meeting on January 19, 1999. Their discussion was on the Palmer Lake basin problems and the Eagle Lake Regional Park. She also attended the Crime Prevention meeting on January 20, 1999, and informed the Council that a golf fund raiser will be held on May 21, 1999, and on January 23, 1999, a Town Hall meeting will be held with Representatives Carruthers and Scheid. Councilmember Nelson reported that he attended the League of Minnesota Cities 1999 Newly Elected Officials meeting. Mayor Kragness shared with the Council a few letters she received from 8th grade students in regards to a youth center. She also shared there will be three DARE Graduations. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested removing item 6j from the consent agenda and adding it to council consideration items. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the minutes from the regular session on January 11, 1999. Motion passed unanimously. 1/25/99 -2- 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Avenue North GASOLINE SERVICE STATION Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Macmillan Bloedel 4810 North Lilac Drive MECHANICAL SYSTEMS Air Conditioning Associates, Inc. 689 Pierce Butler Route, St. Paul Air Corporation Mechanical 4112 83rd Avenue North, Brooklyn Park American Burner Service, Inc. 601 North Prior Avenue, St. Paul American Heating and Air Supply 8347 University Ave. NE, Spring Lk Pk Flare Heating and Air Conditioning 9303 Plymouth Ave. N., Golden Valley Heating and Cooling Two, Inc. 18550 County Road 81, Maple Grove Home Energy Center 15200 25th Avenue North, Plymouth Lakeland North Heating and Air, Inc. 16041 Kangaroo Street, Ramsey Metropolitan Mechanical Contractors, Inc. 7340 Washington Ave. S., Eden Prairie Petroleum Maintenance Company 3172 Spruce Street, St. Paul Superior Contractors, Inc. 6121 42nd Avenue North, Minneapolis RENTAL DWELLING Initial: Gregory Young 4806 Twin Lake Avenue Morning Sun Investments, Inc. 1543 Humboldt Place Renewal: Chu La 4110 Lakebreeze Avenue North Dan Ista 7211 Girard Avenue North Daystar Investments 1513 Humboldt Place North Daystar Investments 1549 Humboldt Place North Gary Brummer River Glen Gary Scherber 4708 Lakeview Avenue North Jerry Fobbe 4811 Lakeview Avenue North Morning Sun Investments, Inc. 1525 Humboldt Place North Morning Sun Investments, Inc. 1531 Humboldt Place Morning Sun Investments, Inc. 6765 Humboldt Avenue North Patricia Beier 5300 -04 Vincent Avenue North 1/25/99 -3- TOBACCO RELATED PRODUCT Hollywood Tobacco, Inc. 6300 Brooklyn Boulevard 6c. RESOLUTION REJECTING BID AND DEFERRING THE PURCHASE OF ONE SELF - PROPELLED PAVEMENT MARKING MACHINE RESOLUTION NO. 99 -12 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REJECTING BID AND DEFERRING THE PURCHASE OF ONE SELF - PROPELLED PAVEMENT MARKING MACHINE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6d. RESOLUTION AUTHORIZING CARRYOVER OF UNEXPENDED FUNDS AND AMENDING THE 1999 GENERAL FUND BUDGET RESOLUTION NO. 99 -13 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CARRYOVER OF UNEXPENDED FUNDS AND AMENDING THE 1999 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION AUTHORIZING CARRYOVER OF UNEXPENDED FUNDS AND AMENDING THE 1999 CENTRAL GARAGE INTERNAL SERVICE FUND BUDGET RESOLUTION NO. 99 -14 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CARRYOVER OF UNEXPENDED FUNDS AND AMENDING THE 1999 CENTRAL GARAGE INTERNAL SERVICE FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 1/25/99 -4- 6£ RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1996 -J, BOB CAHLANDER PARK AND PARK AND RIDE LANDSCAPING RESOLUTION NO. 99 -15 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. 1993 -18, CONTRACT 1996 -J, BOB CAHLANDER PARK AND PARK AND RIDE LANDSCAPING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6g. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING TRANSFER OF DRAFTING EQUIPMENT TO ISD #11 RESOLUTION NO. 99 -16 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING TRANSFER OF DRAFTING EQUIPMENT TO ISD #11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6h. RESOLUTION APPROVING CHANGE ORDER NOS. 1, 2, AND 3, IMPROVEMENT PROJECT NOS. 1998-01,02 AND 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 99 -17 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NOS. 1, 2, AND 3, IMPROVEMENT PROJECT NOS. 1998 -01, 02 AND 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 1/25/99 -5- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6i. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 1998 -04, 05, AND 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 99 -18 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDERNO.1, IMPROVEMENT PROJECT NOS. 1998- 04, 05, AND 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6j. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE Councilmember Nelson requested removing this item from the consent agenda and add it to council consideration items. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to remove this item to council consideration item 7i. Motion passed unanimously. 6k. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE BRIDGE REPLACEMENT, ROADWAY AND WATERMAIN RESOLUTION NO. 99 -19 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE BRIDGE REPLACEMENT, ROADWAY AND WATERMAIN 1/25/99 -6- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 61. SET TIME AND DATE OF FACILITATED COUNCIL RETREAT FOR THURSDAY, FEBRUARY 25,1999, AT 1:30 P.M. AT THE EARLE BROWN HERITAGE CENTER IN THE LOFT A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to set the facilitated Council retreat for February 25, 1999, at 1:30 p.m. at the Earle Brown Heritage Center in the loft. Motion passed unanimously. 7. COUNCIL CONSIDERATION ITEMS 7a. RESOLUTION AMENDING THE POLICY AND PROCEDURE ON REQUESTS FOR PROPOSALS FOR FINANCIAL PROFESSIONAL SERVICES Mr. McCauley suggested having the Financial Commission Chair Donn Escher explain the recommendation of the Financial Commission regarding the policy and procedure on requests for proposals for financial professional services. Mr. Escher discussed since the time the Financial Commission met on November 5, 1998, and recommended a change to the policy, a new development had occurred which requires a further adjustment. The City's risk management consultant had decided to withdraw from providing services which requires that RFPs be done for this service ahead of schedule. To accommodate this it is being requested to do risk management consultant in 1999, delay insurance agent to 2000, and then not do risk management consultant again until 2006. RESOLUTION NO. 99 -20 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE POLICY AND PROCEDURE ON REQUESTS FOR PROPOSALS FOR FINANCIAL PROFESSIONAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 1/25/99 -7- 7b. RESOLUTION AMENDING THE ADEQUATE GENERAL FUND BALANCE FORMULA IN THE FINANCIAL MANAGEMENT POLICIES Mr. McCauley outlined the recommendation of the Financial Commission for a change in the adequate fund balance formula and indicated that the change is intended to keep the formula functioning the same way it has in the past. Mr. Escher discussed the proposed change in the formula either subtracts out unrealized gains and adds back unrealized losses so that the fund balance reflects spendable resources. Councilmember Hilstrom asked if one of the investments were to be sold before maturity what impact it would have. Mr. McCauley responded that the City is fairly secure since the maturities are spread out and a sale of one investment a year before maturity would have minimal impact. RESOLUTION NO. 99 -21 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ADEQUATE GENERAL FUND BALANCE FORMULA IN THE FINANCIAL MANAGEMENT POLICIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7c. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO PAYMENT BY PAWNBROKERS AND SECONDHAND GOODS DEALERS FOR ITEMS PLEDGED AND LOCATION OF PAWNBROKERS Mr. McCauley outlined the changes to the ordinance amending Chapter 23 relating to payment by pawnbrokers and secondhand goods dealers for items pledged and location of pawnbrokers. He indicated that the City Attorney indicated that an additional section of the ordinance would need to be amended to prohibit the location of a pawnshop within 300 feet of a hospital, on -sale liquor establishment, halfway house, theater, or residence. Mr. LeFevere provided an additional amendment to the ordinance addressing the location issue. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of the ordinance and set February 22, 1999, for second reading and public hearing. Motion passed unanimously. 1/25/99 -8- 7d. DISCUSSION OF PARTICIPATION IN THE RELIEVER AIRPORT REFORM COALITION Mr. McCauley discussed the City eceived an invitation to participate in a reliever airport coalition. tY p P � After reviewing the proposed coalition and issues he would not recommend the expenditure of staff time or the $7,000 in requested financial participation because the airport issues are relatively minor in comparison to major projects that are being undertaken in the City at this time. Councilmember Hilstrom asked if there are any issues relating to noise at the Crystal Airport. Mr. McCauley responded he was not aware of any and that this is geared more towards Anoka. A motion by Councilmember Hilstrom to not participate in the reliever airport coalition and to have staff look at the Crystal Airport plans, seconded by Councilmember Lasman. Motion passed unanimously. 7e. MAYORAL APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Kragness requested ratification from the Council of her nomination of Kathleen Ganter, 5936 Xerxes Avenue North, to the Northwest Hennepin Human Service, Council Advisory Commission. A motion by Councilmember Peppe, seconded by Councilmember Lasman to ratify the Mayoral nomination of Kathleen Ganter. Motion passed unanimously. 7f. DISCUSSION OF FISCAL DISPARITIES FOR GENERAL LEGISLATION Mr. McCauley discussed this item was placed on the agenda for the Council to discuss and give direction as to whether or not seeking to support general legislation exempting Superfund sites from the fiscal disparities contribution requirements while in a tax increment financing district would be appropriate. As work progresses on the Josyln site, projected tax increment will be reduced by $170,000 per year for fiscal disparities contribution from the tax increment district proposed which will present a 27% reduction in the projected increment at this stage of planning. This loss of increment could be spread on property outside the district, but staff does not feel that this would be appropriate. Mr. McCauley indicated that he had discussions with the Executive Director of the Association of Metropolitan Municipalities regarding the potential for general legislation that would exempt Superfund sites from the fiscal disparities provisions applicable to a tax increment financing district. This concept would be narrowly tailored to Superfund sites and the theory behind this would be to allow Superfund sites to pay for their own cleanup. A Superfund site located outside the metropolitan area would not suffer this substantial reduction in capacity due to fiscal disparities. 1/25/99 -9- A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to seek support of the general legislation exempting Superf ind sites from the fiscal disparities contribution. Motion passed unanimously. 7g. DISCUSSION OF SUBURBAN HENNEPIN REGIONAL PARK DISTRICT Mr. McCauley discussed an upcoming meeting with Suburban Hennepin County Parks on Tuesday, February 9, 1999, to discuss the merits and potential location(s) for a first tier suburban regional park. Representatives from Crystal, New Hope, Robbinsdale, Golden Valley, St. Louis Park, Hopkins, Edina, St. Anthony, and Richfield were also invited for discussion of potential areas that would be a collaborative effort on trails that would provide potential financial and maintenance assistance from Suburban Hennepin Parks. He indicated this item will be brought back to the Council on February 22, 1999. 7h. PROCLAMATION DECLARING FEBRUARY 6, 1999, TO BE WE CARE ABOUT KIDS DAY Mayor Kragness requested declaring February 6, 1999, as We Care About Kids Day and read the proposed proclamation. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the proclamation declaring February 6, 1999, as We Care About Kids Day. Motion passed unanimously. 7i. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE Councilmember Nelson raised a question regarding the agreement's requirement for the secure handling of the County's electronic proprietary geographical digitized data. Mr. McCauley responded that the County wants to ensure that its program is not used for commercial purposes. Also, the computers are relatively secure on which the data is placed. RESOLUTION NO. 99 -22 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 1/25/99 -10- 8. ADJOURNMENT A motion by Coun pp , cilmember Pe a seconded by Councilmember Lasman to adjourn the meeting at 7 :41 p.m. Motion passed unanimously. City Clerk M�yor ` II 1/25/99 -11- i