Loading...
HomeMy WebLinkAbout1998 08-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 10, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM, The Brooklyn Center City Council met in an informal open forum and was called to order by Mayor Pro Tem Lasman at 6:45 p.m. ROLL CALL Mayor Pro Tem Lasman, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe. Mayor Kragness was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. INFORMAL OPEN FORUM Mr. Ralph Jendro, 7119 Girard Avenue, addressed the Council with concerns he had about traffic in his neighborhood. He is requesting a four way stop sign at 72nd Avenue and Girard Avenue. He also suggested that maybe a stop sign be placed at 70th Avenue and Girard Avenue. A traffic study will be done and staff will report back to Mr. Jendro. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to adjourn the informal open forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 8/10/98 -1- 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro Tem Lasman at 7:00 p.m. 4. ROLL CALL Mayor Pro Tem Lasman, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe. Mayor Kragness was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. 5. COUNCIL REPORT Councilmember Carmody reported that while on vacation she took some photos of the mall in Baltimore that the Talsiman Companies had built. Mayor Pro Tem Lasman reported that the Neighborhood Night Out was a great success and that about 100 neighborhood watch groups participated. Mayor Pro Tem Lasman reported she attended the Financial Commission Meeting and the Y P g preliminary 1999 Budget was discussed which the Council will be working on in the next few months. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MECHANICAL SYSTEMS Fore Mechanical, Inc. P.O. Box 130788, Roseville Helland Heating and Air 1519 Parkview Road, Maple Plain Metro Sheet Metal, Inc. 1708 Gervais Avenue, Maplewood Midwest Maintenance & Mechanical, Inc. 710 Pennsylvania Avenue South, Mpls. Petroleum Maintenance Company 3172 Spruce Street, Little Canada St. Marie Sheet Metal, Inc. 7940 Spring Lake Road, Spring Lake Park RENTAL DWELLINGS 8/10/98 -2- Renewal: Charlie Oribamise 5417 North Fremont Avenue Martha Ann Demetriou Humboldt Court Apartments Mrs. Paul Enge 4748 Twin Lake Avenue North Richard Becht 4718 Twin Lake Avenue SING HANGER Leroy Signs, Inc. 6325 Welcome Avenue North, Brooklyn Park TOBACCO RELATED PRODUCT Holi Deli Commissary #610 1700 Freeway Boulevard 6b. APPOINT ELECTION JUDGES TO SERVE IN THE PRIMARY AND GENERAL ELECTIONS A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to appoint election judges to serve in the Primary and General Elections. Motion passed unanimously. 6c. RESOLUTION AUTHORIZING THE PURCHASE OF ONE TANDEM DUMP TRUCK RESOLUTION NO. 98 -136 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE TANDEM DUMP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 6d. RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE TANDEM VIBRATORY ASPHALT ROLLER RESOLUTION NO. 98-137 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE TANDEM VIBRATORY ASPHALT ROLLER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember 8/10/98 -3- Carmody. Motion passed unanimously. 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 98 -138 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 6f. REPLACEMENT OF POLICE SEDAN A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to replace squad #363 with a "lease return" sedan purchased from a dealership. Motion passed unanimously. 6g. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998-12, CONTRACT 1998 -0, LANDSCAPING NODES UPGRADE RESOLUTION NO. 98-139 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -12, CONTRACT 1998 -0, LANDSCAPING NODES UPGRADE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. PRIVATE KENNEL LICENSE APPLICATION SUBMi i i hju BY GREGORY AND BARBARA ULBRICH, 6807 EMERSON AVENUE NORTH Mr. McCauley discussed this was an appeal of a decision to grant a kennel license. Councilmember Carmody had one question before opening the Public Hearing. She questioned why the Ulbrich's 8/10/98 -4- received a survey and if their survey would effect the count received by other neighbors. Mr. McCauley responded that he thought they might have received a copy of the survey for information purposes and just sent it in and that this would not affect the count. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to open the Public Hearing. Motion carried unanimously. Gregory and Barbara Ulbrich, 6807 Emerson Avenue North, were present and addressed the Council first. Mr. Ulbrich discussed he felt the letter he received from Mr. McCauley was unclear as to what type of health and safety issues are raised with the keeping of their dogs. Mr. Ulbrich stated that their dogs are kept in a fenced area and feels that there is no health and safety issues to be dealt with. Councilmember Carmody stated that dog complaints are an issue and do raise concerns. Mr. Ulbrich stated there have been no complaints filed with the Police Department and that there is more noise surrounding him in the Community that is uncontrollable then the barking of his dogs. Mrs. Ulbrich discussed that their dogs are fenced up and are not able to run around and bit people, so it there should not be any safety issues to deal with. Councilmember Hilstrom asked Mr. and Mrs. Ulbrich what the life expectancy is of the dogs and if they are going to replace them when they pass away. Mrs. Ulbrich responded that Pharaoh Hounds are expected to live 15 years, and that the oldest one does have arthritis. Ms. Ulbrich stated that their intention is not to replace the dogs once they have passed on. Mr. Ulbrich informed the Council that they are just looking to help these dogs that were once neglected and are not going to raise dogs in the future. They would just like the opportunity to keep the four dogs they currently have. Mayor Pro Tem Lasman stated that she understands the attachment the Ulbrich's may have with their dogs but does have some concern for the five neighbors that returned their surveys not in favor of the Ulbrich's keeping four dogs. The Ulbrich's stated that they are trying to control the barking and feel they have lowered the amount of barking and will continue to do so. Mr. Ulbrich questioned the two returned surveys that did not have addresses and wanted to know if they could find out who those neighbors were. Councilmember Carmody responded they are not able to give that information and that there have been cases where there has been retribution with neighbors. Tim and Denise Boyle, 6813 Emerson Avenue North, then addressed the Council. Mr. Boyle informed the Council that the only thing he hears when the dogs are out in the yard are their collar chains and feels there are no problems with the four dogs. Mrs. Boyle feels since they are the 8/10/98 -5- abutting property owners they would be the ones to complain and feels there are no problems to be addressed at this time. Mayor Pro Tem Lasman asked Mr. McCauley about the license process. Mr. McCauley responded kennel licenses are renewed each year for a maximum of three years. Councilmember Peppe discussed that he understands the Ulbrich's situation, but the Council needs to also think of the residents not in favor of this kennel license. Councilmember Peppe suggested a six month review period be approved for the Ulbrichs and that the neighborhoods comments should be received. Councilmember Hilstrom discussed that the Council tends to deny kennel license unless there is a reason showing a kennel license should be approved, and given the fact the Mrs. Ulbrich is studying to be a veterinary technician this shows a true care for the dogs. Councilmember Hilstrom suggested a 12 month period time frame be given for the Ulbrich's to keep four dogs. Councilmember Carmody questioned how problems are detected. Mr. McCauley responded that ususally complaints are received from neighbors. Mrs. Ulbrich asked if they could be informed if a complaint was received. Councilmember Peppe suggested the Ulbrich's write their neighbors a letter requesting them to inform them of their complaints. Mayor Pro Tem. Lasman suggested to the Ulbrich's to be watching for problems that may arise. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to close the Public Hearing. Motion carried unanimoulsy. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to approve a private kennel license for Gregory and Barbara Ulbrich, 6807 Emerson Avenue North, and that this license will be reviewed with all regular kennel licenses. 8. COUNCIL CONSIDERATION ITEMS 8a. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS Mr. McCauley discussed that included with the agenda materials was a memo from Police Chief Joel Downer outlining the differences between the proposed ordinance and recommendations made by Mr. Thomas Johnson who represents Grow Biz, International. 8/10/98 -6- Mr. McCauley suggested reviewing each section of the memo one section at a time. Councilmember Carmody questioned if the "City Revised" copy was done by the Police Department or Mr. LeFevere. Mr. McCauley responded that the copy was done by Mr. LeFevere. The Council then proceeded with a discussion of each section and following are comments that were made with each individual section: • 23 -601 - Definition Mr. McCauley indicated Mr. Johnson's suggestion is that the City specify what businesses are required to be licensed. Anything not specified in the list would not need a license. The proposed ordinance language takes the opposite approach and says that if you do any buying of secondhand goods, you will be required to have a license unless one of the exceptions are met. For example, in terms of amendment, with Mr. Johnson's approach, if an item was found to be problematic, the Council would be asked to add another one to the list in order to get a license. Under the City's approach, the opposite would happen. Mr. McCauley discussed that in discussions with the Police Department and Mr. LeFevere earlier today, it would be recommended whatever approach is taken, two separate ordinances be created: one covering pawnshops and one covering secondhand goods. Mr. McCauley requested the Council's preference on which approach to take: specifying what each type of activity requiring a license or specifying which do not need a license. Councilmember Hilstrom discussed that she believes the City needs to look at the possibility of things changing in terms of what are secondhand goods and what people might be selling in the future. Councilmember Carmody discussed however, there are a lot of things sold secondhand now that do not need to be covered by a license. Councilmember Carmody does not believe that it makes a difference whether it is inclusive or exclusive. Councilmember Carmody discussed that she objects to the part on exemptions. She feels it is very difficult to read and should not be this difficult for new secondhand business owners. Councilmember Carmody discussed that she feels this should be inclusive rather than exclusive so people know what is covered or else made easier to read. Mayor Pro Tem Lasman questioned if there was a consensus of the Council to support the proposed language in sections 23 -601 and 23 -602 as proposed by staff. Councilmember Peppe stated correct. Councilmember Carmody stated she would like to see section 23 -602 where it defines exemptions just made a little more user friendly. 8/10/98 -7- City Attorney Charlie LeFevere discussed that this could be made easier to read. Councilmember Hilstrom questioned if there was a manner that the same thing could be said and made easier to understand. Mr. McCauley responded that there are two things that could be done. In section 23 -602 Exemptions, the section shall not apply to include the following could be changed to read a license shall not be required of persons engaged in the following, and at the bottom of the language indicated for the above specified list the legal information. Mr. McCauley discussed that with the final ordinance a matrix could be developed as to who needs a license, who does not need a license, and who has to report and when which would be useful for someone who is questioning if a license is needed. • 23 -602 Exemptions The Council discussed various options and issues on this section. Councilmember Hilstrom questioned if a store credit transaction of less than $100 is being exempted from the reporting or exempting them from needing a license for those items. Mr. McCauley responded that this would be exempting them from the license in the section 23- 602 Exemptions. Mr. LeFevere discussed that is if that is all they do. Ordinarily they would be in a business that would require them to have a license but it would not be required for that one transaction. Councilmember Hilstrom questioned Mr. Johnson about his request for trade -ins that include store credit and consignment transactions for used goods being exempted for needing a license. Mr. Johnson responded that Mr. LeFevere is correct that this would only apply to those specific transactions. The store in all likelihood is going to be licensed because it has non- exempt transactions that are occurring. Mr. Johnson wanted to layout what the position of Grow Biz, International is with respect to the revised ordinance and discussed the reason for raising this now is Grow Biz's position that the approach should be focused on and that it start with identifying what the problem is with stolen property in Brooklyn Center, and then cover within the ordinance those items and make the recording and reporting apply only to those items. Councilmember Hilstrom questioned if specific items such as soccer balls, hockey pucks, and hockey sticks are to be covered by the ordinance. Mr. LeFevere responded that yes it is the recommendation from the Police Department that this is what should be done. Mayor Pro Tern Lasman questioned if the all inclusive proposed ordinance would be a more conservative move for the City. Mr. LeFevere responded that it would be more conservative, 8/10/98 -8- and if the Police Department is comfortable with the changing of records to be sent to the Police Department, he is comfortable with this proposal. Mr. McCauley recommended a comprise that would exempt store credit consignment and trade -ins valued less than $100 as set forth in the materials. There was Council concurrence with that suggestion. • 23 -606 Application Mr. McCauley discussed this section is not an issue. • 23 -607 Bond Mr. McCauley discussed that Mr. Johnson is suggesting a higher bond and the City does not have a problem with this, other than that it does increase the cost of doing business. Councilmember Hilstrom questioned the process of the bonds and how they work. Mr. LeFevere responded that a bond for a business licensee is designed to protect the people that may be harmed by the violation of the ordinance. Mayor Pro Tem Lasman questioned if a bond of $10,000 could in anyway eliminate a business from starting a business. Mr. McCauley discussed that going from the current ordinance that is $5,000 to $10,000, does increase the cost of entering into a business. Mr. McCauley discussed also in terms of who is protected under the ordinance looking at this section, the City is the recipient of the funds. Mr. McCauley suggested at this point there would not be a reason to increase the bond from $5,000 to $10,000. Councilmember Hilstrom questioned why Mr. Johnson recommended $10,000 for the bond amount. Mr. Johnson responded that they added language that the bond be in place for purposes of a victim of theft being able to collect the reasonable value of the property that was stolen from the store. This would apply in the event of not being able to obtain it from the person to whom it was sold at the secondhand store by the time it had been determined the property was stolen. Councilmember Hilstrom discussed the ability to have money set aside for people that might be damaged sounds like a good idea and hopes that the City has a penalty should a secondhand dealer be selling stolen property or is not doing the reporting they are supposed to do. Mr. McCauley discussed that there could be criminal prosecution if someone fails to follow the requirements. 8/10/98 -9- Mr. LeFevere discussed that the bond does not create obligations, the bond is there to make sure that other obligations that exist are fulfilled Mayor Pro Tern Lasman questioned if there was consensus of the Council for a bond in the amount of $10,000. It was the consensus of the Council. Mr. McCauley questioned if that included the additional language proposed. The Council indicated that it was. Councilmember Hilstrom requested an update on how much property is recovered through the pawnshop. Mr. McCauley responded it will be checked into. • 23 -618 Mr. McCauley discussed this item was discussed earlier and would concur with Mr. Johnson's suggestion that the two ordinances are separated to have one pawnshop ordinance and one secondhand ordinance. • 23 -618 Records Mr. McCauley discussed Mr. Johnson's proposal requests for photograph transactions to be removed for secondhand dealers. The Police Department finds it valuable to have photographs. It was suggested as a comprise that the City would not require transactions under $100 to be photographed but that a photocopy be made of a photo identification and a receipt of the transaction. Councilmember Hilstrom questioned if a person would be identified when making several transactions under $100 in a short period of time. Mr. Karris responded this would not prohibit the recording of the transaction. The person must still provide a valid identification. Mr. McCauley also responded that section 23 -619 Daily Reports would allow the City to run that search. Mayor Pro Tern Lasman asked for consensus of the Council with the compromise that is proposed. It was the consensus of the Council that the compromise be included. • 23 -619 Daily Reports Mr. McCauley discussed Mr. Johnson's proposal is to have reports electronically transmitted and the current ordinance does not require that. The City looked into that a while ago and will be looking into again. Mr. McCauley suggested leaving this as staff proposed at the present time. 8/10/98 -10- • 23 -619 Daily Reports and Exemptions Mr. LeFevere discussed that currently if a business is a secondhand business and takes in new goods, a report would still be required on that transaction. Mr. Johnson discussed what they are proposing is related to their suggested approach of specifying only those businesses to be licensed. Mr. McCauley paraphrased Mr. Johnson's suggestion with respect to this section and suggested this was resolved by the decision to follow the staff approach in section 23 -601. Mr. McCauley discussed that if there was consensus from the Council to move on to the next section. That was the consensus. • 23 -621 Holding Mr. McCauley discussed there is a variance in the materials as Councilmember Carmody noted. The comments from the Police Department suggest a 30 day holding period on secondhand items and Mr. Johnson's proposal suggests 12 days. Mr. McCauley discussed the Police Department is thinking of using the same dollar amount in terms with holding, and if the dollar amount was $100 or less a 12 day holding period rather than a 30 days. Councilmember Hilstrom discussed that she does not have a problem with items under $100 and having a shorter period, but is thinking with people taking two week vacations, that 15 days might be better. Councilmember Peppe questioned how the 12 days was decided. Mr. Johnson responded that the existing ordinance provided 12 days and that they were just suggesting to stay with that time frame. Councilmember Hilstrom questioned the holding period of items that are seasonal, such as clothing, bicycles, etc., and are under a $100 dollars. The consensus of the Council was to exempt items under $100 with a 15 day holding period above $100. • 23 -622 Receipts 8/10/98 -11- Mr. McCauley discussed Mr. Johnson proposes receipts be given only upon request. The suggestion from the Police Department is that receipts be required for all transactions to protect the business and the customers. The consensus of the Council was to go with the Police Departments suggestion. Mr. Johnson discussed he feels you don't need that information on a receipt and was not sure why a receipt once the reporting and recording has already been done. It was unclear which receipts were being discussed and Mr. Johnson informed the Council that he was referring to section 23 -622 of the proposed ordinance. Councilmember Hilstrom questioned if this was at the time of purchase rather than the time of sale. Detective Mr. Karris responded yes and discussed the way that it is done at the pawnshop is the seller gets a copy of the receipt which lists everything on. When it comes to the pawnshop or secondhand store selling that item to an individual, they are not required to identify anymore. That information is necessary to obtain a description of the seller for prosecution in stolen cases. Councilmember Hilstrom questioned if a photocopy of the license is enough. Mr. Karris responded that the only thing probably not included on that would be the race of the individual. Mr. Johnson discussed that it is unclear to him as to what law enforcement purposes the receipt serves that the record and reporting requirement has not already served. Mr. Karris questioned what type of record would be provided if a receipt was not received for the property purchased. Mayor Pro Tem Lasman questioned if the receipt goes to the person bring in the item or purchasing the item. Mr. Karris responded if a person sells an item to a secondhand store the ordinance requires them to issue a receipt to the person bringing in the item, and then that receipt is also the same as the record because the receipt lifts all the per taint information. Mayor Pro Tern Lasman discussed she understands why the City would need it, but does not understand why other information is needed. Mr. McCauley suggested the Council to review sections 23 -618 and 23 -622. Mr. McCauley suggested collapsing those two sections into one section with all the information needed by the Police Department being recorded. All the information required to be taken about the person would then be taken in a usable form for the Police Department rather than have one on record and one on receipt. If these two sections are collapsed together, this would ensure that the Police Department would get all the information needed. 8/10/98 -12- ► 23 -623 Police Orders Mr. McCauley discussed this section describes how long something needs to be held before the Police Department provides a written order after a verbal order to hold the item. Mr. Johnson's proposal is that the Police Department be required to have a written order to hold an item within 72 hours of a verbal order. The Police are suggesting that they have 14 days to issue the written order following a verbal order. Mr. Karris discussed the reasoning behind this is because it is difficult to work within the parameters of 72 hours. Councilmember Carmody questioned what is involved in issuing a written order. Mr. Karris responded that if something comes up as being stolen on a check, he calls the pawnshop and puts a hold on the item. He then verifies that the actual merchandise is stolen. He calls the Police Department and has them send a copy of their police report. He verifies as much as he can to the sale of the item to the pawnshop so that he is not confiscating property that is not stolen, and sometimes it takes several days to get that information. Councilmember Carmody then questioned if a verbal order is made does a written order have to be made. Mr. Karris responded that a written order is a filled out confiscation form that he presents to them as a receipt from him taking the property. Councilmember Peppe questioned if this could be comprised to a week. Mr. Karris responded yes. The Council recessed at 9:03 p.m., and reconvened at 9:08 p.m. Mayor Pro Tem Lasman requested to change the order of the agenda and discuss item 8d. Administrative Traffic Report RE: Woodbine Lane Traffic Study now and then continue with the item 8b, 8c, etc. It was the consensus of the Council to discuss item 8d at this time. 8d. ADMINISTRATIVE TRAFFIC REPORT RE: WOODBINE LANE TRAFFIC STUDY Mr. McCauley discussed that a traffic study was done and surveys were sent to residents on Woodbine Lane for their opinions regarding traffic control measures. Results from the traffic study and surveys indicated the following: ► An average traffic per day is around 2,200. ► Most of the recorded accidents were committed by younger drivers who had been drinking. 8/10/98 -13- ► Radar surveys, SMART, and digital traffic counters have all indicated an 85th percentile speed as averaging between 30 -33 mph. i ► The highest speeds tend to be recorded during the hours of 11 a.m. - 12 p.m., and 2 p.m. - 3:00 p.m. A recent SMART survey taken over nine hours counted 20 eastbound vehicles out of 636 at speeds greater than 35 mph. Nine of those vehicles were recorded between 2:00 p.m. - 3:00 p.m., with another four between 11:00 a.m. - 12:00 p.m. ► Speed enforcement since June 1, 1998 has resulted in two tags for speeding. Councilmember Hilstrom questioned if SMART is the only way to keep track of speed and the number of cars. She feels with SMART people tend to have an automatic reaction. Mr. McCauley responded that it could be done manually or with traffic counters across the road. Mr. McCauley discussed that part of what SMART is doing is getting people to pay attention to their speeds. Public Works Director Diane Spector discussed that SMART or a digital counter does decrease speeding by two to three mph. Yvonne Thibodeau, 7236 Halifax Avenue North, addressed the Council with her concerns about the speed on Woodbine. She also questioned why there has not been any response to the speed humps installed by the City about six or seven years ago on Unity Avenue. She has a friend that lives in that area and was wondering what the reaction was to the speed humps. i Public Works Director Diane Spector responded that there have not been any complaints with those speed humps and that is why no formal response was given. Councilmember Hilstrom asked Ms. Thibodeau if she is requesting speed humps for Woodbine Lane. Ms. Thibodeau responded that she would like to see them installed to see if that helps the problem. Councilmember Hilstrom questioned with Woodbine Lane being on the bus line if it would be a problem. Mrs. Spector responded yes it would if they were not properly designed and installed. Councilmember Peppe questioned what the cost is for a speeding ticket. Detective Steve Karris responded that the average ticket is about seventy six dollars. Councilmember Peppe then questioned if the tickets could be raised to a higher dollar amount. Mr. McCauley responded that the City does not have control of that. Councilmember Peppe stated that he felt this is an on -going problem and that something needs to 8/10/98 -14- be done. He questioned if there was anything else the City could do to send other messages to residents to help the on -going problems. E Mayor Pro Tem Lasman reported that this issue was brought to the Council for the safety of Ms. Thibodeau, and that she would like to see increased police patrol if possible. Councilmember Hilstrom requested more information on this item and that it be brought back to the Council to discuss further and find a solution. 8b. CANCEL SEPTEMBER 16, 1998, CITY COUNCIL SPECIAL SESSION DUE TO LACK OF CITY PRIMARY A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to cancel the September 16, 1998, City Council Special Session due to lack of City Primary. Motion carried unanimously. 8e. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999-05, 53RD AVENUE TRAIL AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE COOPERATIVE TRAIL GRANTS PROGRAM Mr. McCauley discussed that Public Works Director Diane Spector submitted a grant request to the Department of Natural Resources to assist in the construction of the 53rd Avenue Trail component of the 53rd Avenue Development and Linkage Project, and that the City was awarded with $50,000 to assist in the construction. RESOLUTION NO. 98-140 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999 -05, 53RD AVENUE TRAIL AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE COOPERATIVE TRAIL GRANTS PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8e. SALE OF CITY PROPERTY ON 67TH AVENUE Mr. McCauley discussed the City received inquiries from two parities about the possibility of purchasing the property owned by the City. The site is approximately 9,600 square feet and is 8/10/98 -15- located on the boundary of 252 and immediately south of 67th Avenue. This land is a remnant piece from Mn/Dot's 252 project. Mr. McCauley requested direction from the Council to request proposals for the sale of the property. Councilmember Hilstrom questioned if this property is zoned. Mr. McCauley responded that it is zoned R -1. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to solicit proposals for the sale of the property on 67th Avenue. Motion passed unanimously. 8f. REPORT ON COMMUNITY CENTER HOLIDAY CLOSINGS Mr. McCauley discussed that CARS Director Jim Glasoe is recommending closing the Community Center for the New Year's, Memorial Day, Fourth of July, and Labor Day holidays along with the holidays of Thanksgiving, Christmas, and Easter. Councilmember Hilstrom questioned how membership holders will be aware of these extra closing holidays. Mr. McCauley responded that they would be notified. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to close the Community Center for New Year's, Memorial Day, Fourth of July, and Labor Day. Motion passed unanimously. 8g. SALE OF CITY PROPERTY FOR REGAL THEATER DEVELOPMENT Mr. McCauley discussed this item was placed on the agenda for a report to the Council and that the ordinance could not be introduced because the developer has not submitted the correct legal description yet. 8h. STAFF REPORT RE: DRAFT BROOKLYN BOULEVARD RIGHT OF WAY AGREEMENT Mr. McCauley discussed that included with the agenda materials was a copy of the draft agreement from Hennepin County. It represents a significant improvement in the proposed terms that would govern the right -of -way acquisition and cost sharing for the proposed Brooklyn Boulevard Project between 64th Avenue and 71 st Avenue. Some of the key points are that the City would be responsible for acquiring the right -of -way from 69th Avenue to 70th Avenue. The City and County would share the total cost of the acquisition and relocation on a 50150 basis, whereas previously the cost basis that was in the proposed agreement would have had the City and County sharing only the cost of acquiring the specific land that was 8/10/98 -16- going to be used. Mr. McCauley discussed the item that is missing is that while Hennepin County is proceeding with the Phase I Environmental, which is very important in ascertaining costs estimates, they have not prepared appraisal based estimates of the cost of acquisition. The number seen in the draft agreement represents cost of acquisitions based on the 1994 estimates that were done. As discussed several other times, these are not based on an appraisal. Mr. McCauley discussed this was an update to the Council on the status of where the City is with Hennepin County and feels that they have made significant progress in delineating how the City and County would approach cost. 8i. APPOINTMENT OF FINANCIAL ADVISOR Mr. McCauley discussed his recommendation after reviewing proposals and the work of a committee comprised of the Mayor, Councilmember Lasman, Councilmember Carmody, Financial Commissioner Chair Don Escher, and Financial Commissioners Blamey and Hruska to appoint Springsted, Inc., for the City's Financial Advisor. A motion by Councilmember Carmody, second by Councilmember Pepper to appoint Springsted, Inc. Motion carried unanimously. 8j. REPORT ON PHILLIPS 66 GAS STATION Mr. McCauley discussed that a number of inquires have been made, but at this time we are unable to confirm if the Phillips 66 Gas Station is for sale. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to adjourn the meeting at 9:59 p.m. Motion passed unanimously. C ity /l br Clerk Ma � Y i��g�► 8/10/98 -17-