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HomeMy WebLinkAbout1995 09-11 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 SEPTEMBER 11, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also resent were Interim i p City Manager Cam Andre, Director of Public Services Diane Spector, City Attorney Charlie LeFevere, Communications Coordinator Terri Swanson, Director of Finance Charlie Hansen, Director of Community Development Brad Hoffman, and Council Secretary Connie Beckman. Councilmember Barb Kalligher was absent. OPENING CEREMONIES A moment of silence was observed in place of the invocation. COUNCIL REPORTS Councilmember Mann noted a meeting to be held at Constitution Hall in Brooklyn Center on Wednesday, September 13, 1995, at 7 p.m. Interested parties from Crystal, Robbinsdale, and Brooklyn Center were encouraged to attend the meeti ng in order to review and /or express input regarding proposed motoring regulations for middle and upper Twin Lake. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the September 11, 1995, agenda with removal of Items 6(a), (b), (d) from the consent agenda passed unanimously. RESOLUTIONS RESOLUTION NO. 95 -194 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 09/11/95) 9/11/95 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. LICENSES There was a motion by Councilmember Kathleen Carmody and seconded by Councilmember Debra Hilstrom to approve the following list of licenses: MECHANICAL SYSTEMS Triple D Heating & A/C Co Inc. P.O. Box 113 RENTAL DWELLINGS Renewal: Norton Rockler 1329 63rd Lane N. Dale Wegner 5935 Dupont Ave. N. J. G. Strand 5329 Penn Ave. N. Carin L. Rudolph 5318 Queen Ave. N. Mike Hasse 5337 -39 Queen Ave. N. SIGN HANGERS Topline Advertising 1471 92nd Lane NE The motion passes unanimously. OPEN FORUM Mayor Kragness noted the Council had received no requests to use the open forum session this evening. PUBLIC HEARING REGARDING 1995 PROPOSED SPECIAL ASSESSMENTS RDING SPEC ASSESSMENTS FOR DISEASED TREE rUELIC HEARING REG A REMOVAL COSTS A motion by Councilmember Mann and seconded by Councilmember Carmody to open the hearing at 7:05 p.m. passed unanimously. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the hearing at 7:06 p.m. passed unanimously. RESOLUTION NO. 95 -195 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 9/ 1/95 -2- 1 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR WEED REMOVAL A motion by Councilmember Mann and seconded by Councilmember Hilstrom to open the hearing at 7:07 p.m. passed unanimously. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the hearing at 7:08 p.m. passed unanimously. RESOLUTION NO. 95 -196 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIALS ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the hearing at 7:09 p.m. passed unanimously. A motion by Councilmember Hilstrom and seconded by Councilmember Mann to close the hearing at 7:10 p.m. passed unanimously. RESOLUTION NO. 95 -197 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY REPAIR ACCOUNTS A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the hearing at 7:10 p.m. passed unanimously. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the hearing at 7:11 p.m. passed unanimously. 9/11/95 -3- RESOLUTION NO. 95 -198 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY REPAIR ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. COUNCIL CONSIDERATION ITEMS RESOLUTION NO. 95 -199 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF MATTHEW ANDERLE'S EAGLE SCOUT PROJECT AT CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION 95 -200 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF JOSIAH FILSON'S EAGLE SCOUT PROJECT AT EVERGREEN PARK The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTIONS PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS The Director of Finance informed Council that the City had contracted with Springsted Incorporated for financial advisory service in the sale of the proposed bonds. Mr. Allen Erickson, representing Springsted Incorporated, and the Director of Finance answered questions about the proposed bond issues. Mr. Erickson and the Director of Finance addressed Council's questions and /or concerns regarding healthy indebtedness percentages, specific plans of property acquisition and corresponding dollar amounts, and assigned TIF district debt. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,560,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995A 9/11/95 -4- The Director of Finance stated monies obtained from the sale of these bonds would be used for property acquisition in the areas of Brooklyn Boulevard and 69th Avenue, and in the Lyndale area. Mr. Erickson explained maturation of the proposed bonds under tax exempt status would begin on February 1, 1999, and continue through February 1, 2011. The bonds could be called in as early as February 1, 2005. RESOLUTION NO. 95 -201 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,560,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995A The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $780,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995B The Director of Finance stated monies obtained from the sale of these bonds would be used for special assessment street improvements to cover construction costs in the Woodbine area. Mr. Erickson explained maturation of the proposed bonds under tax exempt status would begin on February 1, 1997, and continue through February 1, 2006. The bonds could be called in as early as February 1, 2004. RESOLUTION NO. 95 -202 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $780,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995B The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. DISCUSSION REGARDING THE RESOLUTION PROVIDING FOR THE ISSUANCE OF HOUSING FACILITIES REFUNDING REVENUE BONDS TO PROVIDE FUNDS FOR A PROJECT ON BEHALF OF EARLE BROWN COMMONS LIMITED PARTNERSHIP II The Director of Community Development informed Council that four issues which were unresolved at the time of the August 28, 1995, Council meeting had since been resolved, and recommended Council approve the bond issuance accordingly. The four issues previously unresolved included environmental factors, annual fee to the City, property taxes, and personal guarantee of the owners. 9/11/95 -5- Councilmember Hilstrom inquired about details of the 1992 bonding of the Commons, wondered what guarantees the City has that the present scenario will not reoccur in two years, and asked about the City's efforts to collect back taxes. The Director Community Development did not recall specifics of the 1992 bonding. In response to Councilmember Carmody, the Director of Community Development addressed the pros of Council approving the bond issuance. He indicated some of the bond holders were residents who had invested retirement monies in the Commons, and most likely disapproval of the bond issuance would result in the property going into foreclosure which would represent a possible loss of $700,000 to the City. Councilmember Mann stated concerns of approving the bond issuance which included the impression the City would be part of the chain title which would indicate a fiscal responsibility should a future fiscal default occur. The Director of Community Development responded accordingly. Sue Van Dyke of Dorsey and Whitney clarified the City could end up with the property in event of foreclosure if the City bid on the property, and was the top bidder. She was certain the City would not desire to bid on the property given its financial implications. The Director of Community Development indicated that in the event future taxes on the Commons are unpaid the property would go into foreclosure sale. Councilmembers Hilstrom and Mann expressed concerns that a number of assumptions are being made with the bond issuance and Council approval was postponing the inevitable. Bill Jones (counsel for Commons' owners) reiterated they were not asking for financial backing, but the City's support and approval of obtaining bond monies under tax exempt status. He stated there had been financial restructuring in such a manner that respective payments can be made. Councilmember Hilstrom interjected the City would be lending it's "good name" as well as tax exempt status backing to the project. Councilmember Carmody agreed with the Director of Community Development that the City would realize benefits of additional monies and it would be in the City's best interest to approve the project versus denial. Mr. Jones explained corresponding information relating to the A and B bonds and identified dollar amounts the City would receive over the next ten years in interest and administrative fees. Ms. Van Dyke outlined information regarding time lines and dollar amounts if Council approved the project. She indicated the City would not realize any monies from the ro'ect for at least two ear should Council den the bond issuance request. r J years Y � Councilmember Hilstrom inquired how much of the Commons' $1.7 million debt was owed to the City's General Fund. The Director of Community Development indicated about $60,000. RESOLUTION PROVIDING FOR THE ISSUANCE OF HOUSING FACILITIES REFUNDING REVENUE B014DS TO PROVIDE FUNDS FOR A PROJECT ON BEHALF OF EARLE BROWN COMMONS LIMITED PARTNERSHIP II 9/11/95 -6- Member Debra Hilstrom introduced the following resolution and moved its denial: RESOLUTION PROVIDING FOR THE ISSUANCE OF HOUSING FACILITIES REFUNDING REVENUE BONDS TO PROVIDE FUNDS FOR A PROJECT ON BEHALF OF EARLE BROWN COMMONS LIMITED PARTNERSHIP H The motion for the denial of the foregoing resolution was duly seconded by member Mann and failed. Members Carmody and Kragness voted against the motion. The City Attorney suggested introducing a different motion for Council consideration. Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE OF HOUSING FACILITIES REFUNDING REVENUE BONDS TO PROVIDE FUNDS FOR A PROJECT ON BEHALF OF EARLE BROWN COMMONS LIMITED PARTNERSHIP II The motion for the adoption of the foregoing resolution was duly seconded by member Kragness and failed with Members Hilstrom and Mann voting against. CITIES WEEK/CENTRAL GARAGE OPEN HOUSE PLAN FOR OCTOBER 5 1995 A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the Cities Week/Central Garage Open House Plan for October 5, 1995, and that future projects related to the Cities Week Plan should be presented to Council and approved accordingly passed unanimously. REQUEST FOR CHANGE IN ORDINANCE RELATING TO PULL -TAB OPERATIONS The Interim City Manager talked about the history behind wording of the ordinance and suggested Council approve a wording change to the ordinance as follows: delete 1700 per month" and substitute "would be allowed by state statute." A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the Request for Change in Ordinance Relating to Pull -tab Operations passed unanimously. APPOINTMENT TO HOUSING COMMISSION Mayor Kragness recommended appointment of Lloyd Deuel to the Housing Commission and stated supporting reasons for his appointment. Councilmembers Carmody and Mann stated Naomi Ische's experience as a housing inspector was more appropriate and would bring more to the e g Councilmember Hilstrom stated Mr. Deuel has expressed previous interest in service on various commissions and /or committees and felt his desire to serve the City needed to be a consideration factor. 9/11/95 -7- Councilmember Carmody felt the City needed to solicit for more information on future applications to include the extent of the applicant's desire to serve and supporting reasons. Councilmember Hilstrom suggested each Council member personally contact the four applicants in order for Council to make an informed appointment to the Housing Commission. Mayor Kragness asked that each applicant submit a letter indicating his /her desire to serve and supporting reasons. A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve Lloyd Deuel as an Appointment to the Housing Commission failed as follows: Councilmembers Kragness and Hilstrom (yes); Councilmembers Carmody and Mann (no). RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT IMPROVEMENT PROJECT NO. 1995 -11 CONTRACT 1995 -E CMP SANITARY SEWER RELINING The Director of Public Services presented information to Council regarding this project and answered questions accordingly. She also indicated litigation with Lametti & Sons had been dismissed. RESOLUTION NO. 95 -203 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1995 -11, CONTRACT 1995 -E, CMP SANITARY SEWER RELINING The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FOR EMERGENCY REPAIR OF A GATE VALVE AT THE COMMUNITY CENTER SWIMMING POOL I For the operational p roblems with past few months maintenance staff have been experiencing p P � Pe the swimming pool's gate valve. The gate valve closes off the pool's filtration system when staff needs to backwash (clean) the filters. Closing this valve prevents dirt and debris from being washed back into the pool. RESOLUTION NO. 95 -204 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FOR EMERGENCY REPAIR OF A GATE VALVE AT THE COMMUNITY CENTER SWIMMING POOL 9/11/95 -8- The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR SANITARY SEWER HOOKUP TO THE HENNEPIN COUNTY TAX ROLLS The affected property owner has waived her right to a public hearing regarding this special assessment. RESOLUTION NO. 95 -205 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR SANITARY SEWER HOOKUP TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. DISCUSSION REGARDING NEW HOPE PROPOSAL ON ICE ARENA The Interim City Manager presented information on the proposal. A motion by Councilmember Carmody and seconded by Councilmember Mann to decline participation in the New Hope Proposal project passed unanimously. Mayor Kragness declared a recess at 9:30 p.m. Mayor Kragness declared the Council meeting reconvened at 9:45 p.m. DISCUSSION REGARDING PROPOSALS FOR MANAGEMENT UNION NEGOTIATOR The Interim City Manager presented Council with proposals for union negotiator and said a contract proposal from the union has been received. PROPOSALS FOR MANAGEMENT UNION NEGOTIATOR Councilmember Mann felt the hourly differences between Labor Relations Associates and attorneys were comparable and inquired whether Council could have additional time to consider information submitted. The Interim City Manager indicated he foresaw no problem with Council postponing a decision for two weeks. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to table for two weeks consideration of Proposals for Management Union Negotiator passed unanimously. Council will meet at 6 p.m. in Executive Session prior to its next scheduled Regular Session on September 25, 1995. 9/11/95 -9- 1996 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT The following resolutions were prepared based upon the Proposed 1996 Budget as recommended by the Interim City Manager: Resolution to Adopt the 1996 Preliminary Budget; Resolution to Authorize a Preliminary Tax Levy for 1996 Appropriations for the General Fund, the Street Improvement Debt Service Funds, the E.D.A. Fund, and the H.R.A. Fund Budgets; and A Resolution Approving a preliminary Tax Capacity Levy for tea purpose of Defraying the Cost of Operation, Providing Information 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 1996. This was done so Council would see examples of the resolutions in their entirety. Councilmember Hilstrom expressed concern about any increase in the tax levy stating issues she wanted to see the City move towards were not being addressed and cited duplication of some services by the County. She indicated Council needed to approve a zero percent increase. Councilmember Mann concurred, but didn't see that a zero percent increase was enough and wanted to see an approved one percent decrease in the tax levy. Councilmember Carmody acknowledged concerns of Councilmembers Hilstrom and Mann. She added any issues should be presented to all of Council. Then, Council could direct staff to respond accordingly. She proposed each Council member present their budget ideas in a group setting enabling Council to make decisions on cuts and /or reapportionment of City budget monies. Discussion ensued around the pros and cons, and potential impressions of City constituents relating to a percentage increase or decrease to the tax levy. The Interim City Manager indicated he and the Director of Finance had met and were able to identify potential areas for budget cuts equaling approximately $200,000. He also cautioned Council about unforeseen emergencies and gave examples. Councilmember Mann requested reviewal of those potential cuts and cited them accordingly. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to set a 0% increase. The motion failed with Mayor Kragness and Councilmember Carmody voting against the motion. The Director of Finance provided clarification to Council regarding tax rates and their represented percentages ($100,000 =two percent) 9/11/95 -10- There was a motion by Councilmember Carmody and seconded by Councilmember Mann to table the following items until September 13, 1995, at 5:00 p.m.: • Resolution to Adopt the 1996 Preliminary Budget; and • Resolution to Authorize a Preliminary Tax Levy for 1996 Appropriations for the General Fund, the Street Improvement Debt Service Funds, the E.D.A. Fund, and the H.R.A. Fund Budgets; and A Resolution Approving a Preliminary Tax Capacity Levy for the Purpose of Defraying the Cost of Operation, Providing Information 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 1996; and Set Dates for Truth in Taxation Public Hearings. The motion passed unanimously. PROCESS TO STUDY ORGANIZED COLLECTION A motion by Councilmember Carmody and seconded by Council Mann to decline participation in the Hennepin Recycling Group (HRG) study passed unanimously. RESOLUTION REQUESTING MN /DOT FOR A LIMITED USE PERMIT TO ALLOW CONSTRUCTION OF A BICYCLE /PEDESTRIAN TRAIL ON MN /DOT RIGHT OF WAY Councilmembers indicated concern about exposure to uninsured liabilities as described by the City Attorney in a letter to the Director of Public Services dated September 6, 1995. The Director of Public Services informed Council the City has to have a limited use permit in order to complete construction of the trail. She urged Council to approve the resolution stating she did not foresee the State having a problem with the City Attorney's proposed language changes in the agreement. RESOLUTION NO. 95 -206 Member Debra Hilstrom introduced the following resolution and moved its approval contingent upon an agreement being reached that addresses the City's concerns: RESOLUTION REQUESTING MN /DOT FOR A LIMITED USE PERMIT TO ALLOW CONSTRUCTION OF A BICYCLE /PEDESTRIAN TRAIL ON MN /DOT RIGHT OF WAY 9/11/95 -11- I The motion for approval of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. ITEMS REMOVED FROM THE CONSENT AGENDA APPROVAL OF MINUTES AUGUST 14, 1995 - REGULAR SESSION A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to table approval of the August 14, 1995, Regular Session minutes until the next Council Work Session passed unanimously. AUGUST 21 1995 - SPECIAL WORK SESSION A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to table approval of the August 21, 1995, Regular Session minutes until the next Council Work Session passed unanimously. PROCLAMATION DECLARING SEPTEMBER 17 -23 1995 AS CONSTITUTION WEEK A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve a Proclamation Declaring September 17 -23, 1995, as Constitution Week passed unanimously. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS Councilmember Carmody questioned the Director of Public Services regarding deadlines for approval of such a grant. The Director of Public Services indicated May 31, 1995, was the deadline. Councilmembers Carmody and Mann suggested proposing future deadline dates be established to accommodate for project planning /completion purposes, etc. RESOLUTION NO. 95 -207 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. 9/11/95 -12- ADJOURNMENT A motion by Councilmember Mann and seconded by Councilmember Carmody to adjourn the meeting passed unanimously. The Brooklyn Center City Council adjourned at 9:56 p.m. . eputy Ci y Clerk Mayo Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial 9/11/95 -13-