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HomeMy WebLinkAbout1995 10-10 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 OCTOBER 10, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council regular session was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom. Also present were Interim City Manager Cam Andre, Director of Public Services Diane Spector, City Attorney Charlie LeFevere, Director of Finance Charlie Hansen, Public Services Coordinator Jim Glasoe, and Council Secretary Connie Beckman. Councilmember Barb Kalligher was absent and unexcused. Councilmember Kristen Mann was absent and excused.. OPENING CEREMONIES A moment of silence was observed in place of the invocation. COUNCIL REPORT Councilmember Hilstrom talked about Rallv Nights to be held on Wednesday, October 11, 1995, in Constitution Hall. Councilmember Carmody commended the staff on the Public Works night. Mayor Kragness agreed citing a good job done by City staff with coordination of the event. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Mayor Kragness to approve the October 10, 1995, agenda passed as follows: Removal of Items 5(a) numbers 4, 5, 6, 7, 8; Discussion of Item 5(e) held until the end of the Council meeting; Addition of Items 7(i) Resolution Establishing Procedures For Determining Whether Absences From Council Meetings Are Excused, and 70) Investigation of Councilmember Barb Kalligher's Residency in Brooklyn Center. Councilmember Hilstrom voted against the motion. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Mayor Kragness to approve the minutes of the following passed unanimously: August 14, 1995 - Executive Session (6:09 p.m.); August 14, 1995- Executive Session 9:15 p.m.); August 14, 1995 - Regular Session; September 18, 1995 - Special Work Session; September 23, 1995- Special Work Session; September 25, 1995 - Special 10/10/95 - I - Work Session; September 25, 1995- Regular Session; September 27, 1995- Special Work Session; September 29, 1995 - Special Work Session; September 30, 1995- Special Work Session RESOLUTIONS RESOLUTION NO. 95 -218 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 10/10/95) The motion for the adoption of the foregoing resolution was duly seconded by member Myrna Kragness and passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Mayor Kragness to the approve the licenses passed unanimously as follows: MECHANICAL SYSTEMS Sharp Heating & A/C 4854 Central Avenue North East RENTAL DWELLINGS Renewal: Robert Messersmith 5338 Queen Avenue North TAXICAB Town Taxi 2500 Washington Avenue. OPEN FORUM Mr. Irving Kopenen, resident at 6707 Dupont Avenue North, addressed the Council. He reiterated his concerns regarding arrogance of Council members and actions of Council pertaining to City business including specifics relating to unpublicized meetings, refusal of Council members to discuss business after Council meetings, and failure of Council to act utilizing reasonable and prudent action. Mr. Rex Newman, 3107 61st Avenue North, addressed the Council regarding issues around solicitation of residents for City Commissions. He cited numerous areas of personal frustration when attempting to apply for a Commission and the City's lack of professional response accordingly. He made suggestions and offered information on improving the application and follow -up process. Council requested that he present Council with written information specific to his suggestions. COUNCIL CONSIDERATION ITEMS 10/10/95 -2- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995A The Director of Finance introduced Bob Thistle from Springsted Public Finance Advisors who explained the sale of the Taxable General Obligation Tax Increment Bonds, Series 1995A for $4,560,000. Based on bids received from ten vendors, Mr. Thistle recommended Council award bond sale to First of America Securities for a price of $4,505,280.00 with a net interest cost of $3,021,231.25 and a true interest rate of 6.7905 percent. Moody's rates the bonds Aaa; Standard & Poor's AAA. They are MBIA insured. RESOLUTION NO. 95 -219 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $4,560,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1995B Mr. Thistle explained the sale of the General Obligation Improvement Bonds, Series 1995B for $780,000. Based on bids received from six vendors, he recommended Council award bond sale to Norwest Investment Services, Inc. and FBS Investment Services, Inc. for a price of $772,980.00 with a net interest cost of $223,077.50 and a true interest rate of 4.7734 percent. Moody's rating of the bonds is Al. RESOLUTION NO. 95 -220 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $780,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 95 -221 Member Debra Hilstrom introduced the following resolution and moved its adoption: 10/10/95 - 3 - RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE LYNBROOK BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 95 -222 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE EARLE BROWN BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. SETTING MEETING DATES FOR DECEMBER 1995 A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to set meeting dates passed unanimously as follows: December 6, 1995 - Truth in Taxation public hearing December 11, 1995 - regular City Council meeting December 13, 1995 - Truth in Taxation public hearing December 18, 1995 - special session to approve the 1996 budget and levy. PRIVATE KENNEL LICENSE RENEWAL - 6312 FRANCE AVENUE NORTH A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve a private kennel license renewal for Patricia Shogren and Bradley Shogren, residents at 6312 France Avenue North which will expire on September 30, 1996, passed unanimously. RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FOR REPAIRS TO THE CIVIC CENTER PLAZA FOUNTAIN Councilmember Carmody inquired how much money was left in the Contingency fund. The Interim City Manager could not provide a specific amount, but indicated there was an adequate amount. RESOLUTION NO. 95 -223 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FOR REPAIRS TO THE CIVIC CENTER PLAZA FOUNTAIN 10/10/95 -4- The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. 1996 PUBLIC UTILITY RATE STUDIES The Public Services Coordinator provided Council with information and recommendations regarding four utilities: water; sanitary sewer; storm drainage; recycling; and utility hookup as follows: Councilmember Hilstrom left the meeting at 7:25 p.m. Councilmember Hilstrom returned to the meeting at 7:26 p.m. RESOLUTION NO. 95 -224 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1996 WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. The Public Services Coordinator recommended no rate increase occur and it remain at a residential quarterly rate of $42.50, and a non - residential rate of $1.70 per 1000 gallons. As well, it was recommended Council direct staff to develop a capital improvement financing plan using cash reserves, GO revenue bonds, or a combination of the two. RESOLUTION NO. 95 -225 Member Kathleen Carmody introduced the following resolution and moved its adoption adding a desire for City cash reserves to be used to finance capital improvements: RESOLUTION ADOPTING THE 1996 SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. The Public Services Coordinator recommended raising the quarterly rate to $5.00 per lot, and the base rate to $32.00 per REF acre. RESOLUTION NO. 95 -226 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1996 STORM DRAINAGE UTILITY RATE SCHEDULE Tlie motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. 10/10/95 -5 - The Public Services Coordinator recommended no rate increase and maintaining the current rate of $2.15 per month per household for recycling services beginning January 1, 1996. RESOLUTION NO. 95 -227 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1996 RECYCLING RATES The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. The Public Services Coordinator recommended a rate increase of 2.6 percent on all fees associated with water and sanitary sewer hookup for 1996 with the increase being tied to the Consumer Price Index (CPI). RESOLUTION NO. 95 -228 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1996 WATER AND SANITARY SEWER HOOKUP RATES FOR 1996 The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. ITEMS REMOVED FROM THE CONSENT AGENDA RESOLUTION ESTABLISHING PROCEDURES FOR DETERMINING WHETHER ABSENCES FROM COUNCIL MEETINGS ARE EXCUSED Councilmember Hilstrom questioned approval of absences as excused or unexcused as reflected in Council meeting minutes. The City Attorney addressed issues from a legal standpoint regarding establishing an attendance as excused or unexcused. RESOLUTION NO. 95 -229 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROCEDURES FOR DETERMINING WHETHER ABSENCES FROM COUNCIL MEETINGS ARE EXCUSED The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. A motion by Councilmember Carmody and seconded by Mayor Kragness to note Councilmember Kalligher's absence as unexcused from the October 10, 1995, meeting passed unanimously. 10/10/95 - 6 - A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to note Councilmember Mann's absence as excused from the October 10, 1995, meeting passed unanimously. INVESTIGATION OF COUNCILMEMBER BARB KALLIGHER'S RESIDENCY IN BROOKLYN CENTER Councilmember Carmody indicated it had been brought to her attention that possibly Councilmember Kalligher may be in violation of residency requirements as a Councilmember for Brooklyn Center and requested investigation accordingly. Mayor Kragness asked the City Attorney how Council should proceed. The City Attorney said that the intent and physical residence play a part in question of the law versus question of fact and that evidence would need to be presented to Council in order to conclude Councilmember Kalligher's legal residence. He suggested means Council might consider in such an investigation. Mayor Kragness requested the Interim City Manager explore ways to establish Councilmember Kalligher's legal residence as well as her desire to continue as a Councilmember. Mayor Kragness indicated she would try to personally contact Councilmember Kalligher. APPROVAL OF CONTRACT WITH FRANK MADDEN & ASSOCIATES FOR MANAGEMENT UNION CONTRACT NEGOTIATIONS Councilmember Carmody publicly indicated her reservation of the contract, but would abide by the majority decision of the Council. She stated the Interim City Manager would be the primary negotiator with the bargaining unit with consultation services being utilized from Frank Madden & Associates for the management union contract negotiations. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the contract with Frank Madden & Associates for management union contract negotiations passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 7:47 p.m. passed unanimously. Dep ty City Clerk Mayo Recorded and transcribed by: Connie Beckman Timesaver Off Site Secretarial 10/10/95 -7-