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HomeMy WebLinkAbout1995 01-09 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 9, 1995 CITY HALL CALL TO ORDER The 1994 Brooklyn Center City Council was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter and Director of Public Services Diane Spector. OPENING CEREMONIES A moment of silence was observed. APPROVAL OF MINUTES Councilmember Mann requested items 4b and 4d be removed from consent. DECEMBER 14, 1994 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of the December 14, 1994, special session as printed. The motion passed unanimously. DECEMBER 19, 1994 - REGULAR SESSION Councilmember Mann noted in the 5th paragraph on page 21 the credit for commendation should go to Councilmember Scott, not Councilmember Mann. Councilmember Rosene requested the last paragraph on page 17 be changed to read as follows: "Councilmember Rosene commented he does not like to have to assess property owners. However, the property was benefitted at the R3 zoning class." There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the minutes of the December 19, 1994, regular session with the noted corrections. The motion passed unanimously. DECEMBER 20, 1994 - EXECUTIVE SESSION j There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of the December 20, 1994, executive session as printed. The motion I � passed. Councilmember Kalligher abstained. 1/9/95 - 1 - DECEMBER 20, 1994 - SPECIAL SESSION Councilmember Mann said the motion should read as follows: "There was a motion by Councilmember Mann and seconded by Councilmember Rosene to approve the 1995 contract for the City Manager, and further, to authorize the Mayor and City Manager to approve such agreement, and the 1996 City Manager contract will be negotiated with the Mayor and City Council." There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of the December 20, 1994, special session with the noted correction. The motion passed. Councilmember Kalligher abstained. OTHER BUSINESS OF 1994 CITY COUNCIL Mayor Paulson inquired if there was any other business for the 1994 City Council. There being none, he gave an overview of the differences that have been made in Brooklyn Center during his term in office. He expressed his thanks and appreciation to City Staff, and he emphasized that people can make a difference. Councilmember Scott expressed appreciation and thanks to the City Staff and citizens for a lot of good years. ADJOURN 1994 CITY COUNCIL There was a motion by Councilmember Rosene and seconded by Councilmember Scott to adjourn the 1994 City Council. The motion passed unanimously. The 1994 City Council adjourned at 7:15 p.m. RECESS There was short recess of the City Council. ADMINISTER CEREMONIAL OATH OF OFFICE The Deputy City Clerk administered the oath of office to Myrna Kragness, Debra Hilstrom, and Kathleen Carmody. CALL TO ORDER 1995 CITY COUNCIL The 1995 City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:32 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kristen Mann, Barb Kalligher, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Public Works Director of Public Services Diane Spector, Finance Director Charlie Hansen, Director of Community Development Brad Hoffman, and City Attorney Charlie LeFevere. COUNCIL REPORT No Council reports were given. 1/9/95 -2- APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Mann requested the removal of Items lla, 11b, 11h, 11i, and llk from the consent agenda. She also asked an item 13m be added regarding discussion of funding for the community band. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the January 9, 1995, agenda and consent agenda as printed. The motion passed I II unanimously. RESOLUTIONS RESOLUTION NO. 95 -01 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -02 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -03 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -04 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -N, 69TH AVENUE LANDSCAPING, PHASE I The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 1/9/95 -3 - I RESOLUTION NO. 95 -05 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JULIE EOLOFF FOR HER DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -06 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR FIRE DEPARTMENT BREATHING EQUIPMENT REPAIRS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -07 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROVING SETTLEMENT AGREEMENT AND STIPULATION OF VALUE FOR ONE PROPERTY, IMPROVEMENT PROJECT NO. 1993-18, MTC PARK AND RIDE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the following list of licenses: BOWLING ALLEY Beacon Bowl 6525 Lyndale Ave. N. Earle Brown Bowl 6440 James Circle CHRISTMAS TREE SALES LOT Malmborg's Inc. 5120 N. Lilac Drive GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Ave. N. Davies Water Equipment Co. 4010 Lakebreeze Ave. N. Duke's Mobil 6501 Humboldt Ave. N. 1/9/95 -4- GASOLINE SERVICE STATION - CONTINUED The Howe Company 4821 Xerxes Ave. N. Macmillan Bloedel 4810 N. Lilac Drive Neil's Conoco 1505 69th Ave. N. Northern States Power Co. 4501 68th Ave. N. Osseo- Brooklyn Bus Co. 4435 68th Ave. N. SuperAmerica 6545 West River Road SuperAmerica 1901 57th Ave. N. Total 6830 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. Bill West's Service Center 2000 57th Ave. N. POOL AND BILLIARDS C.D.L. 1317 Jefferson Hwy. N. Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. PUBLIC DANCE Earle Brown Bowl 6440 James Circle RENTAL DWELLINGS Village Properties Evergreen Park Manor John and Diane Stephens 3824 Burquest Lane Julia Paulson 5315 Knox Ave. N. Jerry and Karen Fobbe 4811 Lakeview Ave. N. Howard and Harriet Oien 3606 58th Ave. N. Larry Pederson 5401 63rd Ave. N. TOBACCO RELATED PRODUCTS Country Store 3600 63rd Ave. N. Drug Emporium 5900 Shingle Ck. Pkwy. Duke's Mobil 6501 Humboldt Ave. N. Earle Brown Bowl 6440 James Circle F & M Distributors 5951 Earle Brown Drive Neil's Conoco 1505 69th Ave. N. SuperAmerica 6545 West River Road SuperAmerica 1901 57th Ave. N. Target 6100 Shingle Ck. Pkwy. Total 6830 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. The motion passed unanimously. 'k 1/9/95 -5 - OPEN FORUM Mark Gladding, 7513 Fairfield Road, Brooklyn Park spoke as a representative of the Brooklyn Community Band. He stated the band has been in existence for 32 years. He asked the Council to reinstate funding for the band in 1995, in the amount of $2,250. The Brooklyn Center Park and Recreation Commission has given its approval on the issue. The amount $2,250 is one -third of the 1995 budget, which also includes one -third funding by Brooklyn Park and one -third self - funding (dues and fund- raising). Councilmember Kalligher asked some specifics regarding the band's budget, and also the involvement of Brooklyn Center residents in the band as opposed to residents of other communities. Councilmember Mann mentioned there had been discussions in previous years in regard to equipment ownership and its possible sale and break up of the band. Loy Switzer, 6839 Perry Avenue North, questioned the stop signs at the intersection of Perry and 71st Avenues North. The City Manager explained the signage was a compromise reached between the City Council and neighborhood residents. David and Leslie Andresen, 6821 Perry Avenue North, requested the Council re- evaluate City Inspector's position regarding citing code cite violations in the construction of their home addition. The City Manager stated he would address their concerns in writing in approximately two weeks. COUNCIL CONSIDERATION ITEMS RESOLUTION NO. 95 -08 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TODD PAULSON FOR HIS DEDICATED PUBLIC SERVICE AS MAYOR AND COUNCILMEMBER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -09 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CELIA SCOTT FOR HER DEDICATED PUBLIC SERVICE AS COUNCILMEMBER The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. 1/9/95 -6- RESOLUTION NO, 95 -10 Councilmember Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DAVE ROSENE FOR HIS DEDICATED PUBLIC SERVICE AS COUNCILMEMBER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. SELECTION OF PRESIDING OFFICERS There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to appoint Councilmember Mann as Mayor Pro Tem of the City Council. The motion passed. Councilmember Mann abstained. There was a unanimous decision to appoint Councilmember Kalligher as Acting Mayor Pro Tem. DESIGNATION OF COUNCIL LIAISONS TO CITY ADVISORY COMMISSIONS Mayor Kragness nominated the following councilmembers for the City Advisory Commissions: Financial - Councilmember Carmody; Housing - Councilmember Carmody; Human Rights and Resources - Councilmember Hilstrom; Park and Recreation - Councilmember Mann; Crime Prevention - Councilmember Mann; Drug Task Force - Councilmember Mann. Mayor Kragness nominated the following representatives: Association of Metropolitan Municipalities (AMM) Representative - Councilmember Hilstrom; North Metro Mayors Association (NMMA) Representative - Mayor Kragness; League of Minnesota Cities (LMC) Representative - Councilmember Kalligher. Following a short discussion, it was determined Councilmember Kalligher would be assigned to the Crime Prevention Task Force and Drug Task Force and Councilmember Carmody would be assigned to the Earle Brown Neighborhood Task Force. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the nominations to the City Advisory Commissions. The motion passed unanimously. AD HOC COMMUNICATIONS TASK FORCE CHAIR AND VICE CHAIR APPOINTMENT PROCESS There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to allow the ad hoc Communications Task Force to appoint its own chair and vice chair. The motion passed unanimously. The City Manager stated an amended resolution would be forthcoming. 1/9/95 -7- MAYORAL REAPPOINTMENTS OF CITY ADVISORY COMMISSIONERS WHOSE TERMS HAVE EXPIRED Councilmember Carmody noted she had been informed Vi Kanatz has resigned from the Financial Commission. Mayor Kragness requested reappointment of the following City Advisory Commissioners: Financial - Ned Storla; Housing - Ernie Erickson, Bob Torres; Human Rights and Resources - Sherry Maddox; Park and Recreation - Tom Shinnick; Planning - Bob Mickelson, Tim Willson, Dianne Reem, Mark Holmes. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to reappoint the City Advisory Commissioners as listed. The motion passed unanimously. MAYORAL APPOINTMENT OF COMMISSIONER TO THE SHINGLE CREEK WATERSHED AND WEST MISSISSIPPI WATERSHED COMMISSION The Director of Public Services stated two applications were received, from herself and Engineering Technician IV Dave Anderson. She recommended an appointment of herself as the commissioner and Mr. Anderson as the alternate. RESOLUTION NO. 95 -11 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -12 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COM1rIISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. REPORT ON 1995 MICRO COMPUTER PURCHASES The City Manager noted Staff has re- evaluated this expenditure because there had been reports of flawed parts in the Pentium based micro computers. Staff is now satisfied the purchase of the recommended computers will meet the City's needs and there will be adequate maintenance support. He recommended the purchase be approved. 1/9/95 - 8 - Councilmember Mann agreed the purchase had been aptly justified by the City's Management Information Systems Coordinator. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the purchase of computer equipment as recommended in the 1995 budget. The motion passed unanimously. ANNUAL REPORT FROM ADMINISTRATIVE TRAFFIC COMMITTEE (1994) The Director of Public Services explained the Administrative Traffic Committee is composed of herself, the City Manager, and the Police Chief. She explained the committee acts administratively on all traffic related complaints the City receives, i.e. speed and signage. The committee can often address a concern immediately, which is preferable to a complaint being presented to the City Council, then referred to Staff and a report issued back to the City Council. The resident can also be provided helpful background information. Residents are pleased with timely answers and evidence of work by the Staff. In 1994, the committee reviewed 39 complaints, most involving clear view triangle violations. The City Manao b er mentioned the Committee's decisions are appealable to the City Council. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the Annual Report from the Administrative Traffic Committee (1994). The motion passed unanimously. RESOLUTION STIPULATING TO AMEND ASSESSMENT AGREEMENT ON EARLE BROWN COMMONS The Director of Community Development stated the City attorneys have made a stipulation agreement on a lawsuit. He noted there are certain payments to be made to the City, and certain conditions must be met before the agreement is executed. It is part of a bankruptcy court legal process. He also explained the agreement will reduce the minimum assessment to $4.1 million, sets a floor for the complex, and allows the property to then be handled normally. RESOLUTION NO. 95 -13 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION STIPULATING TO AMEND ASSESSMENT AGREEMENT ON EARLE BROWN COMMONS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. 1/9/95 -9- PROCLAMATIONS There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the following proclamation: PROCLAMATION DECLARING JANUARY 22, 1995, AS POW/MIA BROOKLYN CENTER DAY OF PRAYER The motion passed unanimously. There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to approve the following proclamation: PROCLAMATION DECLARING JANUARY 16, 1995, AS MARTIN LUTHER KING, JR. DAY The motion passed unanimously. RESOLUTION NO. 95 -14 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KATHLEEN CARMODY FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed. Councilmember Carmody abstained. RESOLUTION NO. 95 -15 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DEBRA HILSTROM FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed. Councilmember Hilstrom abstained. RESOLUTION NO. 95 -16 Councilmember Mann inquired whether monies designated for the bond issue would affect the debt limit. The Finance Director said it would not count against the City's debt limit. Councilmember Mann asked what the procedure will be if the Council does not approve the package. The Director of Community Development stated if the deal does not materialize i 1/9/95 - 10- or the City Council does not approve it, the resolution will be null and void. The package may be presented to the City Council at the end of February. Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF BROOKLYN CENTER, MINNESOTA, TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. BROOKLYN COMMUNITY BAND FUNDING REQUEST It was noted the Park and Recreation Commission had determined the band was worthy of funding from Brooklyn Center. In 1994, the City Council had denied funding because it desired to fund only youth activities. Later in 1994, the City Council authorized funding through the contingency fund but warned funding might not be offered in 1995. Mayor Kragness asked whether there might be alternative funding in the budget. The City Manager stated the only alternative funding would be the contingency fund. The Financial Commission has not, in the past, considered this a proper use of the contingency fund but the City Council has used it in this manner. Councilmember Mann stated she supported funding the band due to its value as goodwill ambassadors. She made a motion the band be funded through contingency funding for 1995 and there be a more - detailed consideration in 1996. Councilmember Kalligher recommended tabling the item. She noted the City Council had announced 1994 would be the last year for funding. She felt there should be a study done on the equipment, history, etc. before further consideration. Councilmember Mann withdrew her earlier motion and requested the issue be referred to a Council work session. The City Manager stated a report would be prepared. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:24 p.m. Deputy City Clerk Mayor I Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial 1/9/95