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HomeMy WebLinkAbout2005 06-13 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 JUNE 13, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum at 6:48 p.m. ROLL CALL Mayor Pro Tern Kathleen Carmody and Councilmembers Kay Lasman, Diane Niesen, and Mary O'Connor. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION Rev. Jin S. Kim, Church of All Nations, was to offer the Invocation; however, a moment of silence was offered. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Pro Tern Kathleen Carmody and Councilmembers Kay Lasman, Diane Niesen, and Mary O'Connor. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 06/13/05 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that the Council had a joint Work Session with Commission Chairs on May 25, 2005. Councilmember O'Connor reported that she attended the Special ecial Housing Commission meeting on p June 6, 2005. Mayor Pro Tern Carmody reported that she attended the Housing Commission meeting; a seminar on land use issues; and a watershed meeting. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Pro Tern Carmody informed that there had been a request to have Consent Items 7c, Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2005 -11, Freeway Boulevard Bridge Deck Rehabilitation, Bridge No. 27581, and 7d, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees, removed and placed as Consideration Items 9g and 9h. There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the agenda and consent agenda with those amendments. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the May 23, 2005, Study, Executive, Regular, and Work Session minutes and the May 25, 2005, Joint Work Session with Commission Chairs meeting minutes. Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the following list of licenses: AMUSEMENT DEVICES Ref s Sports Bar and Grill 2545 County Road 10 GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street, Ramsey Walz Brothers Sanitation P.O. Box 627, Maple Grove 06/13/05 -2- MECHANICAL General Sheet Metal Company 2330 Louisiana Avenue N, Minneapolis McQuillan Brothers 688 Hague Avenue, St. Paul Pfiffner Heating & Air 6301 Welcome Avenue N, Brooklyn Park Practical Systems 4342B Shady Oak Road, Hopkins Silvernail Enterprises Ltd. 6603 36h Avenue N, Crystal Total Comfort 4000 Winnetka Avenue N, New Hope RENTAL Renewal: 3313 63` Avenue N (Single Family) Yuan Paul Xiong 6724 France Avenue N (Single Family) Chris Prescott 5448 Humboldt Avenue N (Single Family) Francis Kaas 5600 Judy Lane (Single Family) Nita Morlock 5517 Knox Avenue N (Single Family) Roger Harris Initial: 510 61" Avenue N (Single Family) Kamal Ibrahim 5615 Bryant Avenue N (Single Family) Millard Smith Jr. SIGNHANGER DeMars Signs, Inc. 41093 d Avenue NW, Coon Rapids Designer Signs Systems 9975 Flaunders Court NE, Blaine Jones Sign Company, Inc. 1711 Schevring Road, De Pere, WI Motion passed unanimously. 7c. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2005 -11, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 This item was removed and placed on the agenda as Consideration Item 9g. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES This item was removed and placed on the agenda as Consideration Item 9h. 8. PUBLIC HEARING ITEM 8a. SENIOR HOUSING AND HEALTH CARE REVENUE BONDS AND JOINT POWERS AGREEMENT RELATING TO SUCH BONDS (EVERCARE SENIOR LIVING, LLC PROJECT) 06/13/05 -3- 1. RESOLUTION GIVING APPROVAL TO THE ISSUANCE OF TAX EXEMPT SENIOR HOUSING AND HEALTH CARE REVENUE BONDS AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT RELATING TO SUCH BONDS (EVERCARE SENIOR LIVING, LLC PROJECT) City Manager Michael McCauley discussed this is the project with regards to the Prairie Senior Housing Development being acquired by a new provider and is similar to what was approved for The Ponds where the project going forward in acquisition has the benefit of reducing its cost of capital using tax exempt financing; however, the tax exempt financing does not become an obligation or responsibility of the City. This particular proposal is even one step further removed in that the City of Apple Valley would be the issuing municipality and the City of Brooklyn Center would be approving and authorizing the City of Apple Valley to issue bonds that would be used in four locations to facilitate what Ecumen is proposing. Dana Wollschlager, Director of Real Estate Development for Ecumen, discussed their Shoreview based organization has been around for 140 years. She informed that the four facilities they are proposing to acquire are owned by an organization in Oregon and that this would be an opportunity to have a local owner own all four facilities. They are looking forward to the opportunity to bring this into the Ecumen family and provide quality service to the older adults of the four communities. Councilmember O'Connor asked what would happen if they were not able to pay the bond. Eric Lundy with Piper Jaffrey, who is working with Ecumen on the bond sale, discussed that the bonds are secured by real estate on all four parcels. If one of the four facilities were to have some occupancy issues the other three would hopefully be able to help and at the same time there is a cross collateralization of the cash flows from the properties. There is a fully funded debt service reserve fund of nearly a million dollars and will be held by the trustee in cash and securities in the event there is insufficient cash flow to cover debt service. In the event of a sale the bond holders would take the risk. The City would not be in a recourse position and there would be no impact on the City's credit. Ms. Wollschlager added that as a part of this deal they subordinated their management fees to cover debt service. If they are not able to cover debt service, which she does not see happening since they have never not been able to cover their debt service, they would forgo their management fees. Councilmember O'Connor asked if the prices would be raised at Prairie Lodge. Ms. Wollschlager discussed that they do not anticipate having to raise the prices and will not know until they have the opportunity to see how the operations work. Mr. Lundy noted that, as in any situation, prices will rise over time. Councilmember Lasman asked what services would be provided that is not already being provided. Ms. Wollschlager discussed that she is not sure they would be changing any of the services. All four facilities are unique in the terms of services they provide with traditional, enhanced, and memory care. 06/13/05 -4- Councilmember O'Connor asked if there would be any problem with one of the facilities being in a different state. Ms. Wollschlager responded they do not foresee any problems and that they operate all the same and do business in both North and South Dakota so they are familiar with the regulations and requirements. A motion by Councilmember Lasman, seconded by Councilmember Niesen to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Niesen, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2005-87 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION GIVING APPROVAL TO THE ISSUANCE OF TAX EXEMPT SENIOR HOUSING AND HEALTH CARE REVENUE BONDS AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT RELATING TO SUCH BONDS (EVERCARE SENIOR LIVING, LLC PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember O'Connor abstained. Councilmember Niesen questioned if Council Members can abstain from a vote for other reasons other than a conflict of interest. City Attorney Charlie LeFevere discussed there is no legal obligation to vote. Council Members may abstain because they were not at a hearing, do not feel fully informed, etc. and have an obligation to do the job they were put in Office to do but there are times when a Council Member does not feel they are able to vote on an issue and they can abstain. Councilmember Niesen asked if Council Members who wish to abstain could state their reasons for abstentions so that the Council is clear on why they would be abstaining. Councilmember O'Connor discussed that she would abstain because she does not like cities getting bonds for non - profit or private companies and getting involved in helping companies borrow money to buy something. Councilmember Niesen questioned the effect of an abstention. Mr. McCauley responded that the effect is the same as a no vote. Motion passed. 06/13/05 -5- 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed that there was a portion of the 2002 construction project which had to be discontinued because of the water table which had risen from when the project was designed in 2001 for 2002 construction. There were also monitoring issues with respect to pollution and the City had been proceeding cautiously to make certain that problems were not created with going forward. Director of Public Works /City Engineer Todd Blomstrom outlined a PowerPoint Presentation and reviewed the project and assessments for the project which is included in the 2005 Capital Improvement Program. Mr. Blomstrom informed that a petition had been received requesting that the northern portion of Twin Lake Avenue be vacated as public right -of -way. At this time no legal action is requested on the petition and staff will discuss this matter with the City Attorney. Should the City proceed with any type of vacation, easements would need to be obtained so the City could assess the watermain on the north end. Mayor Pro Tern Carmody questioned the horizontal drilling level. Mr. Blomstrom responded that they would still drill down approximately seven feet below the road. Councilmember Niesen questioned when the assessments are assessed to property owner's taxes. Mr. Blomstrom discussed that after the July 11, 2005, public hearing, property owners can pay their assessments in full and that towards the end of the year there is a cutoff when interest starts applying. There will more details on the assessment process at the public hearing. She inquired how the assessments are handled when a house is for sale and if it is a public record when someone is selling their home. Mr. McCauley discussed that the assessments would be added to the pending list once the resolution is adopted and that if someone was doing a special assessment search it would not be appended until after July 11, 2005. If they did further inquiry about what was planned, this information is public record. The homeowner would have the duty to disclose at this point in time. Councilmember O'Connor asked if the City would still responsible for the water pipes along the properties that are not being assessed. Mr. Blomstrom discussed after the installation and the warranty period is over, the typical arrangement would be that the homeowners would be responsible for the lateral from the home all the way to the watermain. RESOLUTION NO. 2005-88 Councilmember Niesen introduced the following resolution and moved its adoption: 06/13/05 -6- RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET AND STROM DRAINAGE IMPROVEMENTS RESOLUTION NO. 2005-89 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9c. STAFF REPORT FOR FREMONT AVENUE AND LILAC DRIVE IMPROVEMENTS Mr. McCauley discussed that notifications had been sent to the residents and property owners in the area around the proposed reconfiguration of Lilac Drive. Approximately 30 people attended the public meeting and in the materials were some of the concerns that were raised with respect to pedestrian safety, neighborhood traffic, etc. Also, a petition was received today that was copied for the Council that had been signed by residents of The Crossings. Mr. Blomstrom provided a brief overview of the May 17, 2005, neighborhood meeting and outlined the following concerns that were included with the materials: pedestrian safety; neighborhood traffic; speed control; and funding sources. Mayor Pro Tern Carmody informed that the Council would take public input from those who would like to address this issue. 06/13/05 -7- A resident from the Brookwood Townhomes (Ralph) addressed the Council to express that he was confused about why the Council is considering this street modification when most of the residents are against the modification. Mayor Pro Tem Carmody explained that the Council had received a request from The Crossings and the Council agreed to look at the request. Clinton Peabody, corner of 62 Avenue and Fremont Avenue, addressed the Council to express that he is against the modification and that he has a bad feeling about the increase in traffic. He discussed for whatever reason the street was cutoff in the first place, it brought a lot of quiet to the neighborhood and he enjoys being able to live in a quiet neighborhood. He asked that the Council help preserve the quietness in his neighborhood. He informed that he had a petition for the Council of approximately 14 residents that were against the modification (this petition was provided to the Deputy City Clerk). Bart Mathews, 1200 62 Avenue North, addressed the Council to express that he believes the emergency vehicles have no problem finding their destinations and that this modification would be a mistake with all the children and elderly who walk in the area. He added that he is against the modification. Pete Matthews addressed the Council on behalf of his daughter who lives in the neighborhood and discussed that the primary reason she moved into her home was the cul -de -sac. He expressed that he believes this modification will make the neighborhood streets a racetrack and does not believe there is any merit for this modification other than to the rental property. Anne Silseth, 1125 63 Lane North, addressed the Council to express that she believes this modification will create a thoroughfare and she would like to keep the neighborhood safe and quiet. Wendy Rider, 1409 63 Lane North, addressed the Council to discuss the history of the neighborhood since she has been a resident for 30 years and to express that she would not support the modification. She believes this modification would not fiscally support the use of funds for the City, would devalue her home, be a risk to the elderly, and that all the area needs is better signage for The Crossings. Brian Hulquist, 6100 Fremont Avenue North, addressed the Council to express that he is against the modification and informed that he would be willing to have a sign put in his yard to help the situation. He asked the Council to deny the motion. Mary Lacina, 1221 63 Lane North, addressed the Council to express that she is neither for nor against the modification since she lives in the area and has parents that live at The Crossings. She does have a concern about emergency vehicles and is wondering if a complete study had been done regarding the emergency traffic concerns. Mr. Blomstrom discussed that both the Chiefs of Fire and Police felt that the modification would provide better access; however, were not strong supporters for the modification based on the comments that were said at the neighborhood meeting. 06/13/05 -8- Ms. Lacina expressed that she would not want this modification to go forward if it would mean more taxes and would like some guarantee about that. Paul Brewer from The Crossings addressed the Council to discuss that the petition presented today had 96 residents who are requesting the modification and to outline the history of their concern and request for the modification. He expressed they want to keep the friendly neighborhood and do not want to disrupt the peace and quiet of the neighborhood; however, believes that the modification is needed. They are prepared to participate in the cost of the modification and would like to ask the Council to favorably consider the modification. Discussions continued on the history of the neighborhood streets and cost sharing proposed for the modification. It was noted that the developer would pay 40 percent and the City would pay 60 percent of the total cost for the project with no assessments to the property owners. Frank Lang, Owner of The Crossings, addressed the Council to express that he would like to continue being a good neighbor and believes this modification is very much needed for the residents that live at The Crossings. He believes that they have tried to work this out to the betterment of the City, the residents nearby, and the residents at The Crossings. A resident at the corner of 60` Avenue North and Fremont Avenue North (Herman) addressed the Council to express that he was against the modification and believes if the modification goes forward a 4 -way stop sign will be needed at the corner of 60 Avenue North and Fremont Avenue North. Several of the residents that had previously spoken re- addressed the Council to reiterate that they are against the modification. Council continued discussions regarding the modification proposed and the City's Sign Ordinance that currently would not allow signage for the neighborhood area. Councilmember Niesen expressed that she is not willing to support any taxes for residents and would like to make a motion to discontinue this modification. A motion was made by Councilmember Niesen to halt further investigation on this modification, seconded by Councilmember O'Connor. Councilmember Lasman expressed that she believes there might be some merit on waiting to make a decision until there is a full Council. She believes she has a responsibility to both groups and after hearing the comments this evening and receiving the petition with 96 signatures she would like to take time to evaluate the issue further and have a decision made with a full Council. She would like to table. Mayor Pro Tern Carmody expressed that she would not support this modification and believes that if it is at all possible another comprise should be considered. Councilmember Lasman voted against the same. Motion passed. 06/13/05 -9- Councilmember Niesen discussed that if Lang Nelson would like to write a proposal and come before the Council with another idea she would be willing to take a look at other alternatives besides opening the road. 9d. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON- CONFORMING USES; AMENDING CITY CODE SECTIONS 12- 901,12 -902, AND 35 -111 Mr. McCauley discussed that Community Development staff had proposed an ordinance change with the intent to ease the burden on maintaining a legal nonconforming use for purposes of zoning. The Community Development Department had previously been requiring a rental license primarily as a means of documenting the maintenance of a legal nonconforming use of a duplex. The options that are before the Council are the original proposal which amends and creates some type of a certificate that a duplex is being occupied, but not rented, in terms of receiving monetary compensation; and in Section 35 -111 amends the zoning code to conform to State Statute by giving someone six months regardless of what type of nonconforming use is destroyed to get a building permit. The second option is to do nothing at all. In reviewing the practice etc., there is no rental licenses required where there is no fee collected. The third option would be exploring the Housing Commissions' recommendation regarding a modified version of a certificate which then raises the issue of what would be a qualifying relative if it was an owner occupied unit and suggests a differentiation between requiring a license for those owner occupied rentals to qualifying relatives who had a written lease. Councilmember O'Connor suggested separating the changes and passing the non - controversial items such as the 180 days because it is State Law (number 5 in Section 35 -111), but not pass seven and one. She expressed she is fine with passing the addition where they have to pay part of their license fee if they withdraw their application; and that the controversial items should have the language changed or possibly not pass anything on those. Mr. McCauley discussed that if the Council chose the no action option staff would come back to the Council with language and the nonconforming 180 days with all other cleaned up language for introduction of a first reading at a later meeting. Councilmember Niesen discussed that she had an issue with Chapter 12 and addressed those issues with a letter to the Housing Commission. During her review of Chapter 12 and in preparing her letter she questioned why some of the Laws ended up the way they did and expressed that the Council should not be afraid to look at Laws since the City is a Home Rule Charter City. She expressed she has a few issues with the rental ordinance the way it is currently written and this proposal brought these issues to her attention. The main issues she has right now are no definition of duplex and that her house has been referred to as nonconforming. 06/13/05 -10- Councilmember Niesen expressed that she agrees with the Law change that is proposed in number 5 of Section 35 -111 and agrees that the Council should not enact other parts ofthe proposed ordinance amendments. She expressed she would like to have the Housing Commission go through using her letter to look in depth at the City's rental ordinance and continue amending the rental ordinance. She likes the Housing Commission recommendations; however, she would like to clarify what type of certification would be asked for in the ro osal• and with h proposed language in ction 2- p p the p p Se 1 901, number 1, she believes the language is vague and arbitrary. She discussed that she would like to make a motion to accept number 5 in Section 35 -111 and defer to the Housing Commission to come back with wording that improves and clarifies the rental ordinance. Councilmember O'Connor discussed that she would not mind approving number 5 in Section 35 -111 right now; however, if the City wants to wait she would not mind waiting. Mayor Pro Tern Carmody discussed she attended the Housing Commission meeting and that at the meeting Planning and Zoning Specialist Ron Warren discussed nonconforming uses. She outlined some of the other discussions that took place at the meeting and some of the comments made by the Housing Commission. She asked the City Attorney how this proposal would work. City Attorney Charlie LeFevere discussed that in his letter he expressed this process would be a consumer protection type of law. Generally consumer protection laws do not have exceptions when there is a family relationship. A person who is paying a fee for services is entitled to the same kind of protection even though they are paying the fee to a close or more remote family member. Councilmember Niesen asked that Mr. LeFevere get a copy of her memo that she had prepared to the Housing Commission. Mr. LeFevere informed that if the only thing the Council is prepared to move forward on is number 5 of Section 35 -111, he would recommend not going through the ordinance process at this time. Councilmember Niesen expressed that she believes this law needs to be fair, enforceable, intelligent, and conformable with all laws and rights people have and that the definition of family needs to be clearly defined. She added that in the current ordinance it is written that servants can live with you and she believes that the word servants needs to be eliminated from the ordinance. Councilmember Niesen informed that she would like to ask the Council to table this and ask the Housing Commission to propose some changes that comprehensibly shorten the law and make recommendations for what it would take for the City to overhaul this law, put in a table of contents, and make sure that it is similar to other housing laws. Councilmember O'Connor questioned if a motion was needed at this time. Councilmember Niesen discussed that she would move to give direction the Housing Commission to consider her letter and look at improving, organizing, and clarifying the rental ordinance. 06/13/05 -11- Mayor Pro Tern Carmody expressed that she has an objection to sending Councilmember Niesen's letter to the Housing Commission because she believes the Housing Commission discussed and covered her letter at its meeting. She believes the Housing Commission was uniform in what they were recommending and that this discussion should continue to a Work Session. Councilmember Niesen expressed that she would support discussing this at a Work Session and informed that she would take the time to draft a table of contents. Councilmember Niesen made a motion directing this discussion to the July 25, 2005, Work Session to allow her time to make a table of contents, highlight and summarize her letter into a one page or less document, and to look at other city ordinances for examples, seconded by Councilmember O'Connor. Motion passed unanimously. 9e. UPDATE ON TWIN LAKE SEDIMENT STUDY Mr. McCauley discussed that the west remediation preliminary goals were developed dated June I, 2005, which will eventually result in a public hearing and processes with the Minnesota Pollution Control Agency as they negotiate with Joslyn over what would be the final remediation plan. The lake sediment issue is pending while that remediation negotiation goes on and the fish that were collected and being sampled is still being validated with a due date of September 2005. The City's consultant continues to monitor what is happening. Councilmember O'Connor questioned where the west remediation area is located. Mr. McCauley discussed that is the part not contained in the Joslyn redevelopment, north of Twin Lake Avenue and west of Wickes. She inquired if it goes into the lake. Mr. McCauley discussed that the lake issue is the sediment issue and is the question if they will have to do any remediation. Councilmember Niesen provided a brief history of the area and the study. 9f. DISCUSSION OF 2006 BUDGET: COUNCILMEMBER O'CONNOR Councilmember O'Connor discussed she would like to know if the $79,000 tax levy will be added to the three percent and be a larger percent increase for peoples' property taxes. Mr. McCauley discussed that the $75,000 would be a substitution of a tax used for general fund operations to replace the $75,000 bond levy that would go away. She inquired how the City would charge people. Mr. McCauley discussed the $75,000 is a general ad valorem tax but the general ad valorem tax is used for debt service. She inquired if the taxpayers would see it as a separate line item on their property taxes. Mr. McCauley responded that in terms of the budget adoption, the debt service levy is adopted as a separate levy adoption in the resolution. Councilmember O'Connor questioned if the City's total budget would be going up from what it was in this current year and if it is possible to not have a three percent increase on taxes and maybe make it two percent. Mr. McCauley responded that the total budget is going up and that the City is operating on less money and the net target for the general fund is twosome percent increase overall. The actual expenditure increase that will be developed in the draft budget will be less than three percent in terms of expenditures. 06/13/05 -12- Councilmember O'Connor questioned if the Local Government Aid (LGA) for next year will be known by August. Mr. McCauley discussed that he believes so and depending on the date the City may get it before the budget Work Session. The State is required to provide the numbers by the end of August and if they wait until the last day of August, staff will not know the numbers for the budget Work Session but should have it before the September preliminary tax certification. Councilmember O'Connor expressed that she would like to see the City go down in its taxes and tax rating. 9g. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2005 -11, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 Mr. McCauley discussed that this project is to replace the bridge deck which is delaminating and will result in structural failure unless it is addressed. The proposed source of funding for the project is Municipal State Aid (MSA) which is received by the City as part of the collection of gas tax by the State of Minnesota. The City had applied for a grant that would have reduced the amount of State Aid required for the project but was not successful in being award that grant. Mayor Pro Tem Carmody questioned if the grant would have covered the entire project and how much road construction would be effected with the MSA funds. Mr. McCauley responded that it was a partial grant and that it will have an impact on the MSA funds that can be used for doing MSA street projects in the development of the five year Capital Improvement Program. RESOLUTION NO. 2005-90 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2005 -11, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9h. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Councilmember O'Connor questioned when the letters were sent and how the property owners had to get their trees down. Mr. McCauley responded that they have 25 days. She asked if the people listed on this resolution are those who have not responded after the 25 days. Mr. McCauley responded that would be correct. 06/13/05 -13- Councilmember O'Connor discussed that she believes that some diseased Elm Trees do not look like they are diseased and others are completely dead. She questioned if staff makes any decision on which ones are taken down first. Mr. Blomstrom discussed that the City's Tree Inspector marks the trees and is experienced in identifying trees that are diseased. He generally takes them in order as they are marked and does not prioritize them. She inquired if the inspector takes a sampling from the tree to make sure it has the disease. Mr. Blomstrom responded that if a homeowner disagrees with his findings that could be done. Generally, when the inspector meets with property owners and explains the characteristics of the tree, very few disagree. Councilmember O'Connor questioned what a property owner is charged for taking down a tree. Mr. Blomstrom discussed that boulevard trees are done by bid and is based on the diameter of the tree. Trees on private property receive two quotes and are case by case basis. Councilmember Niesen questioned if Xcel Energy has a policy regarding tree trimming. Mr. Blomstrom discussed that he believes Xcel Energy does have a policy; however, he is not certain of the distance. She asked if it would be okay to direct Mr. Blomstrom to get Xcel's policy. Mr. McCauley informed that if the Council would like to direct staff to inquire Xcel Energy's policy that could be done. RESOLUTION NO. 2005-91 Councilmember Lasman 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 Niesen. Councilmember O'Connor questioned if people are charged if their trees are removed by the time staff gets there to take the tree down. Mr. Blomstrom responded no and added that there are two things going on with this matter. One, people are not complying and spreading disease, and second, there are others who may not be able to afford it and this special assessment is a tool for getting the trees down. Motion passed unanimously. Councilmember Niesen made a motion to direct staff to inquire and get a response in writing from Xcel Energy on its current policy for their approach to tree trimming around power lines. She would like to have that on file at City Hall so if anyone inquires about the policy the letter can be referenced. The motion failed for a lack of a second. 06/13/05 -14- Councilmember O'Connor suggested that Councilmember Niesen inquire about this policy on her own. Councilmember Niesen said she would be fine with that and would supply the City a copy. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to adjourn the City Council meeting at 9:45 p.m. Motion passed unanimously. City Clerk Mayo 06/13/05 -15-