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HomeMy WebLinkAbout1998 12-14 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 14, 1998 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, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, 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 Marjorie Holmes, 7207 Grimes Avenue North, addressed the Council regarding the playground at Palmer Lake Elementary School. Ms. Holmes had requested money from the City to help improve the 34 year old playground. It was the consensus of the Council to refer this request to the budget process for the 2000 budget and input from the Park and Recreation Commission. Earl Roland Bolier, 6825 Quail Avenue North, addressed the Council regarding concerns about recreational fires and trucks parking along residential streets. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:56 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 12/14/98 -1- 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 7:06 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT There were no Council reports. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mr. McCauley requested the addition of Item 9r, Resolution Authorizing Addendum to Employment Contract with City Manager. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the minutes from the regular session on November 23, 1998, and special work session on November 30, 1998. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. POOL AND B ILLIARD TABLES Chi -Chi's Inc. 4424 2101 Freeway Boulevard BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle 12/14/98 -2- COURTESY BENCH U.S. Bench Corporation 3300 Snelling Ave. N., Minneapolis GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Avenue North Christy's Auto Service 5300 Dupont Avenue North Iten Chevrolet Company 6701 Brooklyn Boulevard Metropolitan Council Transit 6845 Shingle Creek Parkway Seaport, Inc. 6830 Brooklyn Boulevard SuperAmerica #4058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road MECHANICAL SYSTEMS Modern Heating and Air Conditioning, Inc. 2318 1 st Street NE, Minneapolis Northland Mechanical Contractors, Inc. 2900 Nevada Avenue North, New Hope PUBLIC DANCE Davidson Hotel d/b /a Minneapolis North Hilton 2200 Freeway Boulevard POOL AND BILLIARD TABLES C.D.L. 12322 Business Park Blvd, Champlin RENTAL DWELLING Initial: Todd Bleeker 3306 Lawrence Road Renewal: Curtis Cady 1312 72nd Avenue North Kenneth Solie Evergreen Park Manor SIGN HANGER Gruppo, Inc. 2835 Harriet Avenue South, Minneapolis TOBACCO RELATED PRODUCT Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Municipal #1 1500 69th Avenue North Brooklyn Center Municipal #3 1966 57th Avenue North Davidson Hotel d/b /a Minneapolis North Hilton 2200 Freeway Boulevard Duoos Brothers American Legion 4307 70th Avenue North Fleming Companies, Inc. d/b /a Rainbow Foods 6350 Brooklyn Boulevard Jerry's Enterprises, Inc. 5801 Xerxes Avenue North K -Mart 5930 Earle Brown Drive Seaport, Inc. 6830 Brooklyn Boulevard 12/14/98 -3- TOBACCO RELATED PRODUCT - Continued Speedway SuperAmerica LLC 1901 57th Avenue North Tobacco Leaf 6300 Brooklyn Boulevard Value Food Market 6804 Humboldt Avenue North 1999 LIQUOR LICENSES Class A On -Sale Intoxicating Liquor License (80% or greater food) & Sundav The Oliver Garden Italian Restaurant #1253 1601 James Circle North Class B On -Sale Intoxicatin Liquor License (50% to 79% food & Sundav Applebee's Neighborhood Grill & Bar 1347 Brookdale Mall Earle Brown Lanes 6440 James Circle North Remington's 1501 Freeway Boulevard Chi -Chi's Mexican Restaurante 2101 Freeway Boulevard Hilton Hotel 2200 Freeway Boulevard The Ground Round 2545 County Road 10 Class F & Sundav On -Sale Intoxicating Liquor License D'Amico Catering at Earle Brown Heritage Center 6155 Earle Brown Drive On -Sale Club Intoxicating Lia_uor License American Legion 4307 70th Avenue North On -Sale Wine Licenses 50's Grill 5524 Brooklyn Boulevard Dayton's Brookdale Inn 1100 Brookdale Center Denny's Restaurant #1284 3901 Lakebreeze Avenue North Fuddruckers 5800 Shingle Creek Parkway On -Sale 3.2 Malt Liquor Licenses 50's Grill 5524 Brooklyn Boulevard Beacon Bowl 6525 West River Road Chuckwagon Grill 1928 57th Avenue North Centerbrook Golf Course & Central Park 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Dayton's Brookdale Inn 1100 Brookdale Center Denny's Restaurant #1284 3901 Lakebreeze Avenue North Fuddruckers 5800 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Avenue North Denny's #6887 6405 James Circle 12/14/98 -4- Off -Sale 3.2 Malt Liauor Licenses Holiday Stationstore #292 420 66th Avenue North Jerry's New Market Brookdale 5801 Xerxes Avenue North Rainbow Foods 6350 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue North Value Food 6804 Humboldt Avenue North PAWN SHOP LICENSE Cash n Pawn 1950 57th Avenue North, Suite 964 6c. SITE PERFORMANCE GUARANTEE RELEASES - Minnesota State High School League (2100 Freeway Boulevard) -Cross of Glory Lutheran Church (5929 Brooklyn Boulevard) - Sunlite III, LLP (6601 Shingle Creek Parkway) A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the site performance guarantee releases. Motion passed unanimously. 6d. RESOLUTION DECLARING THAT THE CITY DOES NOT WAIVE THE STATUTORY LIMIT ON MUNICIPAL TORT LIABILITY FOR THE PURPOSE OF RENEWING INSURANCE POLICIES FOR THE 1999 YEAR RESOLUTION NO. 98-213 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING THAT THE CITY DOES NOT WAIVE THE STATUTORY LIMIT ON MUNICIPAL TORT LIABILITY FOR THE PURPOSE OF RENEWING INSURANCE POLICIES FOR THE 1999 YEAR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6e. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998-12, CONTRACT 1998 -0, LANDSCAPE NODES UPGRADE RESOLUTION NO. 98 -214 Councilmember Carmody introduced the following resolution and moved its adoption: 12/14/98 -5- RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -12, CONTRACT 1998 -0, LANDSCAPE NODES UPGRADE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6f. RESOLUTION APPROVING CHANGE ORDER NO. 1, AND SUPPLEMENTAL AGREEMENT NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -26, CONTRACT 1998 -G, RELOCATION OF 16" WATER MAIN AND APPURTENANCES AT WEST FIRE STATION RESOLUTION NO. 98-215 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, AND SUPPLEMENTAL AGREEMENT NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998-26, CONTRACT 1998 -G, RELOCATION OF 16" WATER MAIN AND APPURTENANCES AT WEST FIRE STATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6g. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT - REGAL ROAD DEVELOPMENT SECOND ADDITION A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading of an ordinance vacating a drainage and utility easement - REGAL ROAD DEVELOPMENT SECOND ADDITION and set January 11, 1999, for public hearing and second reading. Motion passed unanimously. 6h. AN ORDINANCE VACATING EASEMENTS FOR STREET PURPOSES - BROOKLYN CENTER POLICE STATION WEST A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading of an ordinance vacating easements for street purposes - BROOKLYN CENTER POLICE STATION WEST and set January 11, 1999, for public hearing and second reading. Motion passed unanimously. 12/14/98 -6- 6i. RESOLUTION APPROVING CHANGE ORDER NO, 1, CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, MISCELLANEOUS SIDEWALK REMOVAL, REPLACEMENT AND INSTALLATION, IMPROVEMENT PROJECT NO. 1997 -16, CONTRACT 1997 -K RESOLUTION NO. 98 -216 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDERNO.1, CHANGE ORDERNO.2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, MISCELLANEOUS SIDEWALK REMOVAL, REPLACEMENT AND INSTALLATION, IMPROVEMENT PROJECT NO. 1997 -16, CONTRACT 1997 -K The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6j. APPROVAL OF MINNESOTA AUTO THEFT PREVENTION GRANT APPLICATION A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the application for the Minnesota Auto Theft Prevention Grant. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. 1999 -2003 CAPITAL IMPROVEMENT PROGRAM 1. RESOLUTION APPROVING 1999 -2003 CAPITAL IMPROVEMENT PROGRAM Mr. McCauley discussed that the Capital Improvement Program (CIP) includes all capital projects to be undertaken by the City except some projects at the Earle Brown Heritage Center (EBHC), which are detailed in a separate CIP. Public Works Director Diane Spector gave an overview of the CIP and asked the Council if they had any questions before opening the Public Hearing. Councilmember Hilstrom asked when the Council would have a report on the Brooklyn Boulevard project and when this project is expected to be completed. Ms. Spector responded that a status report will be given at the January 11, 1999, City Council meeting and that the project is anticipated to be started in 2000 and will not be completed until 2002. 12/14/98 -7- A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 98-217, Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING 1999 -2003 CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7b. CONSIDERATION OF 1999 BUDGET 1. APPROVE TAX LEVIES a. Resolution Approving a Final Tax Capacity Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Service, and Relocation Assistance Pursuant to the Provisions of MSA 469.001 Through 469.047 of the Housing and Redevelopment Authority of the City of Brooklyn Center for the Year 1999 Mr. McCauley requested discussion of the two proposed tax levies first and then discussion of the proposed fund budgets before opening the Public Hearing. It was noted that the two tax levies would be approved under one motion and the resolutions for the proposed fund budgets would also be approved under one motion. Mr. McCauley gave an overview of the proposed revenues and expenditures. The revenues had increased 2.41% with a total for 1999 of $317,350. The rate increase is not sufficient to keep up with the increased costs of personnel over time. Personnel costs represent 62.42% of the 1999 General Fund Budget. Real estate taxes account for 56% of the General Fund revenues, and Intergovernmental revenues, primarily form the State of Minnesota, are increasing only 1.06% over 1998. The State increased the costs of pension contributions in 1998, but only funded the resulting increase at the 1998 levels. The increased pension costs as salaries rise are solely the burden of the City. Permit fees and miscellaneous taxes, comprised primarily of lodging taxes, account for the only other significant increase in revenues. 12/14/98 -8- i The 1997 State Legislature instituted changes in the real estate tax system. For taxes payable in 1999, lower class rates will be in effect for commercial, industrial, and apartment properties. These class rate reductions have the impact of shifting some of the tax costs to single family residential properties. Mr. McCauley reviewed the tax capacity and market values comparing 1996, 1997, 1998 and 1999. Councilmember Hilstrom asked why the expenditures exceeded the proposed revenues relating to the tax increment financing district 2. Mr. McCauley responded that tax increment financing district 2 had a shortfall that tributed to the decrease in class rates for commercial industrial property. This district previously had a positive cash flow until the Legislature reduced the class rates for commercial industrial property. Mr. McCauley advised that he recently received an analysis from Springsted regarding projected tax increment financing revenues and expenditures for all three districts. The delay in receiving information results from the fact that Hennepin County does not have final numbers until December. This matter will be brought back to the Council with proposed methods of addressing the shortfall in tax increment financing district 2, which options could include using excess revenues from tax increment financing district 3. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 98 -218 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. b. Resolution to Authorize a Final Tax Levy for 1999 Appropriations for the General Fund, the Debt Service Funds, the E.D.A. Fund, and the H.R.A. Fund Budgets 12/14/98 -9- RESOLUTION NO. 98 -219 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1999 APPROPRIATIONS FOR THE GENERAL FUND, THE DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 2. ADOPT PROPOSED FUND BUDGETS a. Resolution to Adopt the 1999 Proposed Budget for the General Fund b. Resolution to Adopt the 1999 Proposed Budgets for the Special Revenue Funds C. Resolution to Adopt the 1999 Proposed Budgets for the Capital Projects Fund d. Resolution to Adopt the 1999 Proposed Budgets for the Enterprise Funds e. Resolution to Adopt the 1999 Proposed Budgets for the Internal Service Funds RESOLUTION NO. 98-220, Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGET FOR THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO,, 98 -221 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/14/98 -10- i RESOLUTION NO. 98 -222 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGETS FOR THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 98 -223 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGETS FOR THE ENTERPRISE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 98 -224 i Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGETS FOR THE INTERNAL SERVICE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. S. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 98027 SUBMITTED BY WILLIAM VETTER AND ROBERT PETERSON. REQUEST FOR A VARIANCE TO ALLOW A METES AND BOUNDS DIVISION OF PROPERTY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS DECEMBER 3, 1998, MEETING. Mr. McCauley discussed Planning Commission Application No. 98027 submitted by William Vetter and Robert Peterson requesting a variance to allow a metes and bounds division of property. The Planning Commission recommended approval of this application at its December 3, 1998, meeting subject to the following conditions: 12/14/98 -11- I 1. The legal descriptions and survey showing the division of Lot 3, Block 1, Bing's Addition No. 2 shall be filed with Hennepin County. 2. Once these legal descriptions have been established, the City Assessor is authorized to allow the combination of the divided property to the adjacent Lot 2 and Lot 4, Bing's Addition No. 2 for tax purposes. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve Planning Commission Application 98027 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. UPDATE ON 69TH AVENUE PROJECT Mr. McCauley reported to the Council that there are two residential properties on the 69th Avenue project that have not been acquired or optioned by the developer. The change since the last report is a tentative agreement for one additional house. Two commercial properties also have not been optioned. Council discussed the progress of the development and what the Developer David Nelson will need to provide by December 31, 1998. Council further discussed what will happen if Mr. Nelson does not comply with the agreement. This item will be on the January 11, 1999, agenda for Council consideration. 9b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF THE ANNUAL KID'S SHOPPING KORNER ACTIVITY Mr. McCauley discussed this resolution was to express appreciation to the Brooklyn Center Women's Club who presented to the City a donation of three hundred dollars and has designated that it be used for the Kid's Shopping Korner activity. RESOLUTION NO. 98 -225 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF THE ANNUAL KID'S SHOPPING KORNER ACTIVITY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 12/14/98 -12- 9c. PROPOSED 1999 CITY COUNCIL MEETING SCHEDULE Mr. McCauley requested modifying the proposed 1999 City Council meeting schedule to reflect that the January 11, 1999, City Council meeting would not have an Open Forum. A reception for departing Councilmember Kathleen Carmody and new Councilmember Ed Nelson will be held at 6:40 p.m. in lieu of Open Forum. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve the 1999 City Council Meeting Schedule as amended. Motion passed unanimously. 9d. PARK AND RECREATION COMMISSION REPORT ON COMMUNITY MEETINGS REGARDING PARK IMPROVEMENTS Mr. McCauley reported that the Brooklyn Center Park and Recreation Commission prepared a report on Community Meetings Regarding Park Improvements. Included in the report is a brief introduction, an individual meeting summary and the Commission's final recommendations that were developed earlier this month. Mr. McCauley highlighted the recommendations from the report which included: * The revised parks classification system is consistent with the current recreational needs of the community. * The current five year plan for park improvements recognizes the need to provide well maintained facilities and is consistent with the identified needs related to park amenities. * The capital improvements plan should be re- evaluated on a regular basis to assure it continues to reflect the current needs. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to receive the report on Community Meetings Regarding Park Improvements. Motion passed unanimously. It was noted that these improvements will be incorporated into the next budget cycle. 9e. PROPOSAL FROM BROOKLYN CENTER HIGH SCHOOL REGARDING FIREHOUSE PARK Mr. McCauley reported staff was approached by representatives of the Brooklyn Center School District regarding a proposal to add softball facilities at Firehouse Park for girl's softball. Construction of the softball facilities would be at the school district's expense. The request also asks for the City to jointly participate in the basketball court relocation. 12/14/98 -13- Council discussed the proposal and if the new softball facilities would be for the school district uses only. The new softball facilities would be a used by the school district during the girl's season and would be for City use during the balance of the year. The maintenance of this facility would primarily be the City's responsibility. Councilmember Hilstrom was in favor of relocating the basketball court, however, expressed concern about one of the locations proposed. It was the consensus of the Council that the relocation of the basketball court should take the location of houses into consideration. Public Works Director Diane Spector advised that the Public Works Department planned to seek neighborhood input on the location for the basketball court. A motion by Councilmember Carmody, seconded by Councilmember Lasman to direct staff to work with the school district to prepare an agreement regarding the improvements, cost sharing, and maintenance responsibilities. Motion passed unanimously. 9f. APPROVAL OF APPLICATION FOR EXEMPT PERMIT FROM EVERGREEN PARK ELEMENTARY PTO FOR AN EVENT TO BE HELD JANUARY 22,1999 Mr. McCauley stated this application was for approval of an exempt permit from Evergreen Park Elementary PTO for an event to be held January 22, 1999. Councilmember Carmody stated that she would not participate in discussion or vote because of her position on the PTO. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve application for exempt permit from Evergreen Park Elementary PTO. Motion passed with Councilmember Carmody abstaining. 9g. AN ORDINANCE AMENDING SECTIONS 25-501,25-1003,25-1006,25-1010, AND 25 -1015 OF THE BROOKLYN CENTER ORDINANCES 1. RESOLUTION ADOPTING RIGHT -OF -WAY PERMIT FEE AND RESTORATION BOND RATE SCHEDULE Mr. McCauley stated this ordinance is to keep the City's ordinances up -to -date. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve first reading and set January 11, 1999, for second reading and public hearing. Motion passed unanimously. It was noted that a resolution was prepared to adopt permit fees and restoration bond amounts for the work done within the right -of -way for collector /arterial streets and other streets. 12/14/98 -14- RESOLUTION NO. 98 -226 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING RIGHT -OF -WAY PERMIT FEE AND RESTORATION BOND RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9h. RESOLUTION RELATING TO FEES FOR PAWNBROKERS AND SECONDHAND GOODS DEALERS LICENSES AND INVESTIGATIONS THEREOF; REPEALING RESOLUTION NO. 92-15 Mr. McCauley discussed that this resolution amends Resolution No. 92 -15 and sets the fee for secondhand goods dealers to be $750 per year, plus $1.50 per transaction. Dan Kealey from Disc Go Round addressed the Council regarding the proposed resolution. Mr. Kealey wanted to verify from the Council that it was correct that he would be charged $750 per year, plus only $1.50 per transaction. Council discussed the items that need to be reported for the $1.50 per transaction fee. After further discussion Councilmember Hilstrom asked if the language in the resolution could be changed to add the word reportable to the $1.50 per transaction fee. RESOLUTION NO. 98 -227 Councilmember Carmody introduced the following resolution with inclusion of the word "reportable" being added to the $1.50 per transacation fee and moved its adoption: RESOLUTION RELATING TO FEES FOR PAWNBROKERS AND SECONDHAND GOODS DEALERS LICENSES AND INVESTIGATIONS THEREOF; REPEALING RESOLUTION NO. 92 -15 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom as amended. Motion passed unanimously. 9i. 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 12/14/98 -15- t his item be tabled to the January 11, 1999, meeting because the City Mr. McCauley requested t �'Y Attorney had advised that another section needs to be amended also to accomplish the reommendation of the Planning Commission on distances. A motion by Councilmember Lasman, second by Councilmember Carmody to table 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 to the January 11, 1999, meeting. Motion passed unanimously. 9j. RESOLUTION AMENDING THE SCHEDULE FOR BUILDING PERMIT FEES Mr. McCauley advised that the State of Minnesota has adopted the version of the Uniform Building Code. This resolution would amend the fees to confirm to the new State building code. RESOLUTION NO. 98-228, Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR BUILDING PERMIT FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9k. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE Mr. McCauley discussed that the specific apendices will be added to the ordinance for the second reading and that this ordinance was offered tonight for first reading and to set public hearing and second reading for January 11, 1999. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading of an ordinance amending Chapter 3 of the City Ordinances regarding the Minnesota State Building Code and set January 11, 1999, for public hearing and second reading. Motion passed unanimously. 91. AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES RELATING TO STORAGE OF REFUSE CONTAINERS Mr. McCauley discussed this ordinance is amending Chapter 7 of the City Ordinances relating to the storage of refuse containers in front of homes and is offered tonight for first reading and to set second reading and public hearing for January 11, 1999. 12/14/98 -16- This ordinance recommendation reflects the suggestions of the neighborhood liasion. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve first reading of an ordinance amending Chapter 7 of the City Ordinances relating to storage of refuse containers and set January 11, 1999, for public hearing and second reading. Motion passed unanimously. 9M. RESOLUTIONS APPROVING BID PACKAGES FOR EARLE BROWN HERITAGE CENTER BUILDING ADDITIONS AND RENOVATIONS Mr. McCauley discussed bids were received for the expansion of the Earle Brown Heritage Center and recommended the Council authorize to enter into agreements with the thirteen recommended low bidders. RESOLUTION NO. 98-229 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3031 - EB: BUILDING AND SITE CONCRETE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -230 Councilmember Lasman introduced the following resolution and moved its adoption: I RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3061 - EB: CARPENTRY AND DEMOLITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -231 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3071 - EB: EPDM AND METAL ROOFING 12/14/98 -17- i I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98-232, Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3081 - EB: ALUMINUM, GLASS AND GLAZING i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98-233, Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3082 - EB: HOLLOW METAL, WOOD DOOR AND HARDWARE - SUPPLY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98-234 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FORBID DIVISION 3091A- EB: CARPET AND RESILIENT FLOORING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98-235 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3091B- ED: HARD TILE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 12/14/98 -18- RESOLUTION NO. 98-236 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3092 - EB: ACOUSTICAL CEILINGS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -237 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3093 - EB: PAINTING i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -238 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3101 - EB: OPERABLE FOLDING PARTITIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -239 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3151- 1 EB: PLUMBING AND HVAC The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 12/14/98 -19- RESOLUTION NO. 98-240 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3152 - EB: FIRE PROTECTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98-241, Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3161 - EB: ELECTRICAL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9n. MAYORAL APPOINTMENT TO HOUSING COMMISSION Mayor Kragness requested ratification from the Council of her nomination of Mary Hurkman, 5113 Howe Lane, to the Housing Commission. Councilmember Carmody stated that she objects to Ms. Hurkman due to a conflict of interest in Ms. Hurkman's employment with Community Action of Suburban Hennepin. Mayor Kragness indicated that she had discussed potential conflict of interest due to Ms. Hurkman's employment with Community Action Suburban Hennepin County and been advised by Ms. Hurkman that she may be changing jobs in the very near future. Additionally, Mayor Kragness responded that based on her conversation with Ms. Hurkman she did not feel that there would be a conflict of interest between serving on the Housing Commission, where she would be one of several Housing Commissioners and Ms. Hurkman's employment. Mayor Kragness stated that it was important to have a number of view points on the Housing Commission and that Ms. Hurkman as a resident of Brooklyn Center with experience in rental housing would provide that perspective and balance. There was a motion by Councilmember Hilstrom to ratify the Mayor's nomination of Mary Hurkman to the Housing Commission. The motion died for lack of a second. Mayor Kragness then requested ratification from the Council of Muhammed Okoya- Lawal, 6910 Humboldt Avenue North, #311, to the Housing Commission. 12/14/98 -20- A motion by Councilmember Carmody, seconded by Councilmember Lasman to ratify the Mayor's nomination of Muhammed Okoya -Lawal to the Housing Commission with term expiring December 31, 1999. Motion passed unanimously. 90. RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR POLICE STATION IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND EAST FIRE STATION REMODELING NO. 1998-11 Mr. McCauley discussed that this resolution was to award contracts for work at the East and new West Fire Stations. RESOLUTION NO. 98 -242 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR POLICE STATION IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND EAST FIRE STATION REMODELING NO. 1998 -11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9p. RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 1999 Mr. McCauley discussed the proposed pay plan and informed the Council that there is no contract with the Police Officers at this time. Negotiations are in process. RESOLUTION NO. 98 -243 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 12/14/98 -21- 9q. REPORT ON COMMUNITY DEVELOPMENT BLOCK GRANT HOME REHABILITATION LOAN OPTIONS Mr. McCauley reported that staff investigated the use of Community Development Block Grant and whether there would be any CDBG eligible ways to approach targeted rehabilitation. The options for use of CDBG money are the current fix -up loan program, a policy change to use those monies for social programs or for 53rd Avenue or another similar project. Community Development Specialist Tom Bublitz met with both the Hennepin County Office of Planning and Development and the Greater Minneapolis Metropolitan Housing Corporation's Northwest Housing Resource Center to discuss options for housing rehabilitation in the City of Brooklyn Center. Mr. McCauley discussed the summary of those meetings. An option of focusing on rehabilitation would be to do a one year concerted effort at targeting a specific portion of the southeast portion of the city using the Great Minneapolis Metropolitan Housing Corporation ( GMMHC) and its resources. Mr. Bublitz also suggested targeting a specific area. Mr. McCauley suggested ask the GMMHC what it could do on a targeted basis. Staff would then report back to the Council. The Council discussed scattered site acquisitions. The amount of money allocated to rehabilitation loans would allow for one acquisition every two years. The lack of impact from scattered site acquisitions was why the Council chose to pursue the 53rd Avenue project to have a definite impact from a project. Scattered site acquisitions also requires repayment of land value after its re -sale. A motion by Councilmember Carmody, seconded by Councilmember Peppe to pursue the concept of a targeted marketing effort and prepare a formal program for consideration by the Council. Motion passed unanimously. 9r. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER RESOLUTION NO. 98-244 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 12/14/98 -22- 9. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the meeting at 9:17 p.m. Motion passed unanimously. _J&A,IA City Clerk Mayor (/ 12/14/98 -23-