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HomeMy WebLinkAbout1993 02-22 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 FEBRUARY 22, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Public Works Coordinator Diane Spector, City Attorney Charlie LeFevere, and Council Secretary Nancy Berg. OPENING CEREMONIES A moment of silence was observed. OPEN FORUM Don Egnell, a resident of Brooklyn Center since 1954 and a board member of the Brooklyn Peacemaker Center, addressed the Council asking why the domestic abuse program was transferred to North Hennepin Mediation. He stated the Center had not been contacted r by the City, and he asked if Peacemaker had done something wrong. Mr. Egnell stated it was his understanding the Mayor was a member of the board of North Hennepin Mediation, and he asked if this was a conflict of interest. e Mayor Paulson asked the City Attorney for an opinion on the conflict of interest question. The City Attorney stated he did not know all of the facts, but if North Hennepin Mediation was a nonprofit corporation, then he did not believe there was a conflict of interest. He explained the contract would not be invalidated and a court would not disallow a board member from voting as a Councilmember. He also stated it was a question of judgment and politics: legally he did not believe there was a disqualifying conflict of interest. Mayor Paulson stated he had relied on the report written by the City Attorney on conflict . of interest, and he did not believe he had a conflict of interest. Mr. Egnell asked if the Councilmembers were aware the Mayor was a member of the North Hennepin Mediation board. Councilmember Mann answered she- was unaware and felt rushed at the time the decision was made to switch the domestic abuse program to North E k 2/22/93 's Hennepin Mediation and agreed she would also like to know why the Council switched. She stated she does like Project P.E.A.C.E. and felt it was a wonderful program. k Mayor Paulson asked any citizen or resident who was concerned about a conflict of interest to please telephone him or the other Councilmembers to discuss it in further detail. Mr. Egnell stated he would like to discuss it now at the Council meeting. Councilmember Rosene stated he was convinced North Hennepin Mediation would do a good job, and neither organization would receive financial gain from this decision. He continued to explain Peacemaker had been the beneficiary of many projects from the City over the years, and he felt it was important to fairly distribute the chances for an organization to be involved. He stated he was not thinking in any way negative about the Peacemaker organization. Councilmember Rosene remembered Jerry Pedlar, a past councilmember, was a member of the board of Peacemaker, and he did not believe Mr. Pedlar excused himself from participating in discussions or from voting on matters when Peacemaker was involved. He explained if Mr. Pedlar did not abstain and Peacemaker did not raise an ethics claim then, it should not raise an ethics claim now. Mr. Egnell explained Mr. Pedlar assured him he had excused himself from such discussions and from voting, but he personally could not verify this. He asked if North Hennepin Mediation had taken action on this new project. Mayor Paulson answered he did not know. Mr. Egnell agreed there was no financial gain for either organization. He assured Council if North Hennepin Mediation did not want to take over the domestic abuse program, Peacemaker would like to take it back. He again asked if Peacemaker had done something wrong and added Peacemaker was also very proud of its Juvenile Diversion Program. Councilmember Rosene assured Mr. Egnell the change was not due to any wrongdoing on the part of Peacemaker, and the Council was trying to involve more people in its programs. Vernon Ausen, Brooklyn Peacemaker Center board member, addressed Council asking if the Juvenile Diversion Program was also being considered for transfer to North Hennepin Mediation. Councilmember Rosene answered, as liaison to the Human Rights & Resources Commission, he participated in discussions where it was decided some juvenile cases would be handled by North Hennepin Mediation, but the majority would be handled by Peacemaker. He further explained representatives of Peacemaker, the Police Department, and North Hennepin Mediation have developed criteria for determining which facility would handle different cases. 2/22/93 -2- F CORRECTION Mr. Ausen explained he had been a board member of Peacemaker for two years. He stated Jim Lindsay of the Police Department had expressed his support of Peacemaker. He further explained he solicited funds for Peacemaker and had been very successful because it was a good program. He reminded Council they had encouraged citizens to resolve problems in Brooklyn Center. He assured Council he had no problem with transferring some programs, but not all of the programs. Mayor Paulson explained domestic abuse and juvenile cases could only be addressed in the best interest of the parties involved. COUNCIL, REPORTS Councilmember Mann recognized Ernie Erickson of the Brooklyn Swim Club and Mary Ronnebaum of the Brooklyn Center Youth Hockey Association. She reported the city newsletter had previously been distributed by the Brooklyn Swim Club, but the Club had found it difficult to distribute the newsletter to the entire City. She explained the Park and Recreation Commission accepted proposals from both the Brooklyn Swim Club and the Brooklyn Center Youth Hockey Association to deliver the newsletters jointly in a timely manner. She further explained the process would be open to other youth clubs in the City in 1994. Councilmember Rosene reported on the Crime and Safety meeting which was held at Brooklyn Center High School. He stated that an apartment manager at the meeting informed the group of an Owners and Managers Association which meets once a month to discuss problems and explore ways to improve the physical condition of apartments and how to deal with the diverse tenant mix. He stated he liked this organization and asked Council and staff to research ways which would encourage all owners and managers to become members and attend the meetings. The City Manager agreed to investigate possible incentives such as a slightly lower licensing fee for owners and managers who attend meetings. Councilmember Rosene reminded residents there would be a second meeting of the Crime and Safety program at Constitution Hall from 1 to 4 p.m. on Saturday, February 27, 1993. He explained the focus of the meeting would be to develop proposed solutions to crime and safety problems. Mayor Paulson agreed it was a very good town meeting with excellent input from the citizens. Mayor Paulson congratulated Boy Scout Troop 401 for the Citizenship Merit Badge it received. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Scott requested item 7b be removed from the consent agenda. 2/22/93 -3- APPROVAL OF MINUTES FEBRUARY 1, 1993 - SPECIAL WORK SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of February 1, 1993, special work session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 93 -24 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE (1) 9 FOOT ONE STAGE SNOWBLOWER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -25 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR MAINTENANCE IMPROVEMENTS AT WELLS NO. 4 AND 9, IMPROVEMENT PROJECT NO. 1992 -26, CONTRACT 1992 -M The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSE There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following license: LICENSE TO UTILIZE EXPLOSIVES PERMITS FOR THE HOWE COMPANY The motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: GASOLINE SERVICE STATION MacMillian Bloedel 4810 N. Lilac Drive 2/22/93 -4- MECHANICAL SYSTEMS Bostrom Sheet Metal Works, Inc. 785 Curfew Street Economy Gas Installers Gas Supply Inc. 2238 Edgewood Ave. S. General Sheet Metal Corporation 2230 Louisiana Ave. N. Golden Valley Heating & A/C 5182 West Broadway Home Energy Center 14505 21st Ave. N. Kleve Heating and A/C, Inc. 13075 Pioneer Trail McQuillan Brothers Plumbing & Heating Co. 452 Selby Ave. Metropolitan Mechanical Contractors, Inc. 7340 Washington Ave. S. Milts Gas Heating Service, Inc. 2500 Longview Drive Noel's Heating and Air Condition, Inc. 4920 Zachary Lane Pride Mechanical, Inc. 3025 NE Randolph St. R & S Heating and Air Conditioning 21357 Hemlock Avenue Standard Heating and Air Conditioning Co. 410 West Lake Street Superior Contractors, Inc. 6121 42nd Avenue North Wenzel Heating and Air Condition 1955 Shawnee Road RENTAL DWELLINGS Initial: Michael W. Haase 5328 -5330 Queen Ave. N. Renewal: Vinh and Ha Ly 6007 Brooklyn Blvd. Vincent D. Pappone 4201 Lakeside Ave. N., #318 Lyle E. Miller 3501 47th Ave. N. TOBACCO RELATED PRODUCT Drug Emporium 5900 Shingle Ck. Pkwy. SIGN HANGER f Arrow Sign Co. 18607 Highway 65 NE T TAXICAB Blue and White Cab Company #545 1304 E. Lake Street The motion passed unanimously. E r 2/22/93 -5 - k 4 i F r APPROVAL OF MINUTES CONTINUED) C t FEBRUARY 8, 1993 - REGULAR SESSION Councilmember Scott asked the breed of the police dog, as listed on page 6 of the February 8, 1993, Minutes be corrected to read: Belgium Malinois There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of the February 8, 1993, regular session as amended. The motion passed unanimously. PRESENTATION SINGLE- FAMILY RENTAL TO OWNER CONVERSION PROGRAM The City Manager explained the Rental to Owner Conversion Program was authorized in the 1993 EDA budget. He continued to explain the program will provide financial incentives and connect qualified borrowers with mortgage financing to convert single - family rental property to owner - occupied property and to provide investment in and encourage rehabilitation of the property. He stated the goal of the program was to match up nonhomestead, single - family properties with a qualified buyer who will upgrade and maintain the property. The Community Development Specialist explained the EDA had retained the services of Thompson Associates, Inc. to help design and implement the program. He further explained Thompson Associates, Inc. was a consulting firm that works with clients with a focus on nonprofit and governmental organizations. He also stated Thompson Associates, Inc. would provide marketing and outreach for the program, as well as individual assistance to potential borrowers. The Community Development Specialist explained to Council staff would like to come back after Council's review, with a formal resolution adopting the specific program elements of the Single - Family Rental to Owner Conversion Program. Vicki Murray, Vice President in Charge of Marketing with Thompson Associates, Inc., explained the program stating the City of Brooklyn Center was offering a program for first - time home buyers purchasing absentee -owned properties in the identified target area which was located in the southeast corner of the City. She continued to explain the program k provided economic incentives to eligible home buyers by offering rehabilitation grants and closing costs grants. To qualify, she explained, a home buyer must make improvements to the property and must obtain a mortgage from the Minnesota Housing Finance Agency or another recognized financial institution. s 2/22/93 - 6 - { Ms. Murray highlighted the program for the Council: 1. The purpose of the rehabilitation grant was to provide an economic incentive for first -time home buyers while at the same time improving the existing housing stock in the identified target area in Brooklyn Center. The rehabilitation grants are made for the purpose of improving the property and would be made in amounts up to $5,000. 2. In lieu of repayment of the rehabilitation grant, the grant recipient will make an alternative investment in the form of neighborhood or community service. The specific service was to be negotiated between the grant recipient and the City of Brooklyn Center. The amount of time volunteered is valued at $20 per hour, and the work must be completed within two years from the date of closing. 3. Improvements that may be made are energy and code related items, general improvements or upgrades, and deferred maintenance. Items that must be repaired first are those items identified by the FHA appraiser. All work must be completed by a licensed and bonded contractor. 4. Borrowers who qualify to receive a rehabilitation grant may also qualify for a closing cost grant of $1,500. This grant may be used toward payment of eligible closing costs. 5. Eligible closing costs include credit report, appraisal, origination fee, discount points, and recording fees. 6. A first -time home buyer was someone who has not owned and occupied their primary and principal place of residence during the three years prior to applying for this program. The borrower must occupy the property as their primary and principal place of residence for a minimum period of five years after closing. The home buyer E must complete eligible improvements on the property in an amount equal to or F greater than the amount of the rehabilitation grant. t 7. The identified target area was the area bounded by 57th Avenue on the north, 53rd Avenue on the south, Logan Avenue on the west and the Mississippi River on the east. Mayor Paulson stated the program sounded good. Councilmember Kalligher asked what would happen if the improvements exceeded $5,000. The Community Development Specialist answered he had been in contact with Mike Haley, Director of Home Mortgages for MFHA, and had discussed the use of Purchase Plus Program to provide additional rehabilitation funds. He stated the terms still needed to be finalized but hopefully this program would work properly. 2/22/93 - 7 - Councilmember Kalligher asked if the homes were currently on the market. Ms. Murray answered no, Thompson Associates, Inc. would be contacting the absentee - owners and informing them of this program. Councilmember Mann inquired how much the City was paying Thompson Associates, Inc. for its services. The Community Development Specialist answered $13,600. Councilmember Mann asked how the program would handle a recipient not remaining in the home the required five years. Ms. Murray stated the Council had the option to keep the program simple or make it complex. She explained if the City put language in the contract stating if the recipient did not stay for five years the City would recapture the loan, it would cost the City servicing costs and additional staff time and legal fees. She suggested the City keep it simple for the first year stating it would be more cost - effective in the long run. Councilmember Scott asked how the City would track the community service. Ms. Murray explained the recipient would contact the program administrator before the closing, a copy of the agreement would be sent to the sponsoring agency, and two months after the closing the sponsoring agency would be contacted. She also explained a problem had only come up once in the past, and the recipient only wanted to switch to another form of service and the contract was completed. Mayor Paulson asked if the building materials could be purchased in Brooklyn Center. The Community Development Specialist explained many of the contractors used could be from Brooklyn Center, if the experience of the City's rehabilitation grant program is any indication for the program, but where they purchase their materials was not known to him. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to approve the Single- Family Rental to Owner Conversion Program. Councilmember Kalligher asked if the Housing Commission had reviewed this program. The Community Development Specialist answered yes, and the Commission passed a motion approving the concept and to send it to the Council. The motion passed unanimously. MAYORAL APPOINTMENTS /REAPPOINTMENTS The City Manager presented the mayoral commission appointments and reappointments. He explained notice of vacancies on the Planning Commission were published in the local newspapers and posted at City Hall and Community Center. He further explained the Council had received 15 applications. Mayor Paulson asked if the City Manager had a copy of the notice that was published. The City Manager did not. Mayor Paulson explained the notice was for the Planning Commission and the Council had received 15 excellent applications. He explained it was a very difficult decision. He was concerned the other commission openings were not t 2/22/93 - 8 - 7 CORRECTION specifically listed in the notice. He further explained he had no problem with reappointments, however he was seeking a geographical and gender balance on the commissions. Councilmember Mann stated the Council should move forward with the reappointments right away. Councilmember Kalligher informed Council she spoke with Richard Campbell who was interesting in serving on the Housing Commission. Councilmember Rosene explained to Council he had contacted the City Manager and requested a forum to meet with the applicants. He said Sharon Knutson, staff member, contacted the various applicants and set up meetings with 14 of the 17 applicants for the Planning Commission. He thanked Ms. Knutson for handling this matter so efficiently. He stated any one of the applicants would be qualified to serve on any commission. Mayor Paulson stated he had spoken on the telephone with most of the applicants, and he agreed with Councilmember Rosene. PLANNING COMMISSION Mayor Paulson presented Dianne Reem, Debra Hilstrom, and Tim Willson for appointment to the Planning Commission. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the appointments of Dianne Reem, Debra Hilstrom, and Tim Willson to the Planning Commission. Councilmember Mann informed Council Mr. Willson had recently been appointed to the Charter Commission, and it was her understanding the Council was trying to involve more citizens. Mayor Paulson agreed this was the policy of the Council, however he felt comfortable with the appointment of Mr. Willson because his Charter Commission appointment was. by a judge not the Council. Councilmember Kalligher reminded Council Mr. Willson applied for the Planning Commission in May 1992, and the Commission has been operating minus a member for many months. She further explained Mr. Willson had attended numerous meetings and put forth a great effort for the City. . Councilmember Rosene suggested the application form be revised in order to better reflect the excellent qualifications of the applicants. He explained he did not realize how qualified the applicants were until he met with them personally. Mayor Paulson agreed and stated he had some ideas for improvement and this should be looked at in the future. Councilmember Mann asked if there would be a conflict of interest with Ms. Hilstrom because she was an employee of Cardinal Towing which opposes one of the City's ordinances. Mayor Paulson felt any commission member could have any number of 2/22/93 -9- potential conflicts. The City Attorney explained it was a question of philosophical conflict rather than a legal conflict. He further explained it would only be a legal conflict if she was voting on an application submitted by her employer. Councilmember Rosene stated he had questioned Ms. Hilstrom directly on this matter when he interviewed her, and she stated she would approach all matters openly and would abstain if there was a conflict. The motion passed unanimously. Mayor Paulson asked the Council if they wanted to continue the commission appointments or if they wanted each commission opening to be advertised individually. Commissioner Scott answered the City had been publishing in the paper for months, and the Council had received very few applications. She stated she wanted to continue with the reappointments and appoint anyone who wants to serve on other commissions. She explained it was time to get the commissions filled. . HOUSING COMMISSION Mayor Paulson presented Jon Perkins for reappointment and Todd Cannon and Kathleen Carmody for appointment to the Housing Commission. PARK AND RECREATION COMMISSION Mayor Paulson presented Sarah Robinson Pollock and Don Peterson for reappointment and Noah Bridges for appointment to the Park and Recreation Commission. HUMAN RIGHTS AND RESOURCES COMMISSION Mayor Paulson presented Donna Stoderl, Susan Larsen, and Kate Windsor for reappointment to the Human Rights and Resources Commission. He stated he would like to fill the other vacancies on the Human Rights and Resources Commission from the applicants for the Planning Commission. He asked staff to put this on the next Council agenda. NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION Mayor Paulson presented Jerry Eiserman for reappointment to the Northwest Hennepin Human Services Advisory Commission. He again suggested either advertising for the remaining vacancies or filling from the pool of applicants for the Planning Commission. Councilmember Rosene suggested first talking with the applicants for the Planning Commission before advertising again for the other commissions. Mayor Paulson explained overall the commissions now have a gender and geographical balance. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve Jon Perkins for reappointment and Todd Cannon and Kathleen Carmody for appointment to the Housing Commission; Sarah Robinson Pollock and Don Peterson for 2/22/93 - 10- reappointment and Noah Bridges for appointment to the Park and Recreation Commission; Donna Stoderl, Susan Larsen, and Kate Windsor for reappointment to the Human Rights and Resources Commission; and Jerry Eiserman for reappointment to the Northwest Hennepin Human Services Advisory Commission. The motion passed unanimously. Mayor Paulson thanked the Council and the applicants. DISCUSSION ITEMS ADMINISTRATIVE TRAFFIC COMMITTEE REPORTS The City Manager presented the Administrative Traffic Committee reports. He explained the City's Administrative Traffic Committee meets monthly to discuss requests and complaints from the public and from City staff regarding traffic safety. He further explained the Committee was composed of the City Manager, Director of Public Works, and Chief of Police. 1992 ANNUAL REPORT The Public Works Coordinator presented the 1992 Annual Report of the Administrative Traffic Committee. She highlighted the major items approved by the Committee in 1992: 1. Parking Ordinance: Ordinance prohibiting parking on City streets between 2 and 6 a.m. 2. Opticom: The City has been working with a consortium of other cities and North Memorial Hospital regarding installation of an Opticom system. She explained this system would allow emergency vehicles to pre-empt traffic signals. She continued to explain the consortium was currently seeking grant monies to fund installation of the devices at major signalized intersections in the North Memorial service area and to purchase emitters for emergency vehicles. 3. Stop Signs on 59th/60th Avenues: 4-way stop signs were installed on an interim basis at Zenith and Beard on 59th and 60th Avenues. The Traffic Committee will report back to the Council in April 1993 regarding the efficacy of these signs in reducing the amount and speed of traffic. The Public Works Coordinator explained each person who submits a concern or complaint to the Administrative Traffic Committee is provided information on what the Committee has discussed and decided. PROPOSED ORDINANCE AMENDMENTS REGARDING SIGHT DISTANCE POLICY The Public Works Coordinator presented the Sight Distance Policy. She reviewed the present ordinance with the Council and emphasized there is nothing in the ordinance giving the City the right to go into the Sight Triangle, if the owner refuses, to remove the identified obstacles. 2/22/93 The Public Works Coordinator outlined the Sight Distance Policy for the Council: 1. The Administrative Traffic Committee recommended the Council adopt the "Clear View Triangle" terminology to replace "Sight Triangle." 2. The Committee also recommended the Clear View Triangle be defined as "the triangular area formed by connecting the following three points: the point of intersection of the adjacent curb lines extended and a point on each adjacent curb line 55 feet from such point of intersection. If there are no curbs, the edge of the travelled portion of the street shall be used instead of the curb line." She explained the triangle would also be defined for instances where an alley intersects with the street. 3. The Committee recommended the Council enact an ordinance which authorized City forces to abate a nuisance which obstructs the clear view. 4. The Committee recommended the property owners be provided seven days following the initial notice in which to comply. If the property owner or occupant is unwilling or unable to comply, then City forces shall complete the work and the property owner shall be charged the actual cost, plus administrative fees. The Public Works t Coordinator explained the Committee was also recommending it be provided flexibility to review special cases individually. 5. The Committee recommended an ordinance be enacted which clearly provides the City with the authority to trim vegetation which obstructs the view of any regulatory street sign. 6. The Committee recommended authority be broadened to provide the City the authority to trim vegetation which overhangs the edge of the street. j Councilmember Rosene suggested the property owners be provided fourteen days rather f than seven days to comply. The Public Works Coordinator agreed the City would be flexible. Councilmember Rosene asked if the flexibility could be written in the ordinance. The City Manager suggested using the language. no less than seven days, which would E provide flexibility. Councilmember Scott questioned the City having no authority to remove an obstruction, as she recalled this happening in the past. The City Manager explained this had happened in the past, and it was a very expensive court process to order the removal. Councilmember Scott asked if the City could also be given the authority to trim the vegetation which overhangs the City sidewalks. The City Manager agreed this could be worked into the wording of the ordinance. 2/22/93 -12- C:ORREC.'TION RECESS The Brooklyn Center City Council recessed at 8:45 p.m. and reconvened at 8:55 p.m. The City Manager recommended Council instruct the staff by motion to prepare the necessary ordinance changes and come back with the first reading. He explained staff would make the modification of "no less than seven days" and check into the trimming of vegetation over City sidewalks. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to accept the recommendation of the Administrative Traffic Committee and direct staff to bring back proposed ordinance changes to the next City Council meeting. The motion passed unanimously. RESOLUTION ACCEPTING BID FOR SPEED MONITORING AWARENESS RADAR TRAILER (SMART,) The Public Works Coordinator presented the Speed Monitoring Awareness Radar Trailer (SMART) unit to the Council. She explained the SMART unit had been successfully used by other cities, and reactions from both the Police Department and the public during the evaluation period were very positive. She further explained based on the very positive response from all parties, the Administrative Traffic Committee had recommended Brooklyn Center purchase a SMART unit. Councilmember Rosene stated he was impressed with the effect the SMART unit had on freeway traffic. He was concerned that teenagers might try to "out clock" the unit at night. The Public Works Coordinator answered she could not speak for the Police Chief and his ability to use the unit for enforcement, however she did feel most people would assume there was an officer nearby the unit. The City Manager further explained the unit would not be left out at night. He reiterated it would be used for enforcement and for recording as an information process. Councilmember Kalligher suggested purchasing the unit as a joint effort with other communities. The City Manager agreed and explained some other communities have expressed an interest. He further explained the Police Chief would like to operate the SMART program for awhile before offering its use to other communities to determine how often Brooklyn Center could utilize it. Mayor Paulson agreed it would be worthwhile to pursue sharing the unit with other communities either sharing the purchase price or having Brooklyn Center rent it out. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to direct staff to talk with other communities to share in the purchase of a SMART unit. The motion passed unanimously. 2/22/93 -13- Councilmember Scott asked staff to not only check into purchasing the unit with other communities, but also if other communities would be interested in renting the unit. 1993 FORESTRY PROGRAM The City Manager presented the 1993 Forestry Program. He explained the Council carried over $11,050 in 1992 funds to 1993. He further explained $6,250 of the funds for tree planting were unexpended because several area nurseries were quarantined due to an infestation of Japanese Tree Beetles. The Public Works Coordinator listed the three major components of the 1993 Forestry Plan: 1. Replacement Trees: replacement of boulevard and park trees lost to disease, drought, vandalism, and accident. 2. Small Business Administration Boulevard Tree Planting Program: the City has received a $5,000 grant from the Small Business Administration to be supplemented by up to $4,800 matching City funds and a small charge to participating property owners to plant boulevard trees. 3. Additional Reforestation: it is recommended the Council either authorize the continuation of the Residential Reforestation ($50 coupon) program or designate the funds for additional tree planting in parks. If the funds are designated for planting in parks, staff recommends confining to one park, and suggested Evergreen Park. Councilmember Scott asked if staff had considered planting larger trees which would have a better chance for survival. The Public Works Coordinator answered staff preferred to plant bare root trees and would like to plant larger trees. Councilmember Scott recommended the City stay with the coupon program and allow residents more than one coupon if all coupons are not used. Councilmember Mann agreed with Councilmember Scott. Councilmember Rosene stated he would like to see something happen in Evergreen Park, but he did agree with continuing the coupon program. Mayor Paulson asked if there was some way to encourage the use of live, potted Christmas trees possibly through a coupon program. Councilmember Scott stated there were communities across the country who promote buying live, potted evergreen trees to decorate at Christmas and to replant in the yard later in the Spring. She explained a program like this would have to be started well in advance of the holiday season in order for a nursery to provide the trees. The City Manager reported seeing an advertisement for potted Christmas trees and suggested checking with the nurseries and uttin an ad in the Fall h p g brochure. Councilmember Rosene asked if the coupon program for boulevard trees could be cut slightly and the funds put toward a coupon program for live Christmas trees. The City 2/22/93 -14- Manager suggested staff review such a program and consider it as part of the 1994 Forestry Program. Councilmember Rosene suggested contacting local organizations for their help in providing such a program. Councilmember Scott stated arrangements would already have to be underway with a nursery in order to implement such a program this year. She suggested waiting until after Council was able to receive cost estimates for such a program. Councilmember Rosene suggested putting an article in the newspaper and asking residents to respond to staff if they are interested in a live, potted Christmas tree program. He explained this would also give the nurseries an idea of how many people would be interested. Councilmember Mann agreed such a program could have some merit. There was a motion by Councilmember Mann and seconded by Councilmember Scott to reauthorize the Residential Reforestation Program and to direct staff to come back to Council with a report on the live, potted Christmas tree program. The motion passed unanimously. STATUS REPORT REGARDING FEASIBILITY STUDY FOR NEIGHBORHOOD STREET IMPROVEMENT PROGRAM The City Manager presented the status report regarding feasibility study for neighborhood street improvement program. He explained staff had been working with the concept of a residential street replacement program and the development of a feasibility study for possible street and utility improvements in the Southeast neighborhood. The Director of Public Works reviewed the development of the feasibility study starting in October 1991. He explained the one major element of the feasibility study which was missing was to define the benefits of the program to affected properties and to use that information as a basis for proposed special assessments. He continued to explain both the City Council members and the Earle Brown Neighborhood Advisory Committee suggested obtaining an independent evaluation of the benefits which would accrue to properties as a result of such improvements. He stated staff concurs with this need and believes such an evaluation could provide assistance in dealing with the issue of benefits to small lots versus large lots. He reported staff recommended the City employ BCL Appraisals to conduct the appraisals. Councilmember Kalligher asked why staff could not do the appraisals. The Director of Public Works answered staff could, but for the benefit of the property owner and the courts if need be, it was necessary to have an independent appraisal. Councilmember Kalligher asked if the appraisals could wait until a decision had been made to go forward with the project. The Director of Public Works explained it was very important the Council know what the special assessments would be before calling a public hearing. Councilmember Kalligher asked why this was the only firm considered. The Director of Public Works answered there are very few firms who provide this service. The City Manager added BCL Appraisals had been very successful with the property on 69th Avenue. 2/22/93 - 15 - CORRECTION Mayor Paulson asked who was on the Earle Brown Neighborhood Advisory Committee. Councilmember Kalligher answered there are only seven members on the Committee, and others are invited to attend. She reminded Council of the need for more members. Councilmember Kalligher reiterated she had a problem with spending $6,000 for the appraisals when the decision had not been made to go forward with the project. Councilmember Rosene asked Council and staff whether switching neighborhoods should be considered if the Earle Brown Neighborhood turned it down resoundingly. The Director of Public Works reminded Council the reason the Southeast Neighborhood was chosen was due to the Maxfield report and the need for the City to provide stimulus for improvement in the neighborhood. He explained to switch neighborhoods could be done, but there was no possibility of doing it this year. He further explained the Public Works Department had spent a great deal of time putting together the feasibility report on the Earle Brown Neighborhood. Councilmember Rosene asked if the residents in this area agreed with the improvements. The Director of Public Works stated there had been a great deal of public discussion on this with the neighborhood committee and reported there would be a meeting Tuesday, February 23, 1993, for public input. He further stated staff was recommending as much public discussion and review before approval as possible. Councilmember Scott asked if the funding would come from Municipal State Aid. The Director of Public Works answered yes. Councilmember Mann stated the storm sewers were in need of repair in this area. The Director of Public Works agreed the residents were concerned about sanitary sewer service, and many residents had spent a great deal of money in repairs. Councilmember Kalligher asked how this project would be funded. She stated she did not believe special assessment would be justified as this project would not increase the market value of the property. The Director of Public Works disagreed with this opinion and reiterated this was the reason for the independent appraiser to outline whether or not this project would increase the market value of the property. Mayor Paulson asked if the exact area had been chosen. The City Manager answered two basic areas had been chosen. The Director of Public Works added the current study was limited to the area between 53rd and 55th Avenues. He explained staff had asked the Earle Brown Neighborhood Advisory Committee to review both areas to see if they had a preference. Mayor Paulson suggested looking at the infrastructure needs and the opinion of the Earle Brown Advisory Committee to make a determination of what area to focus on. He then suggested asking residents in the chosen area for input and explaining to them this was a way to improve your neighborhood but this was what it would cost. The City Manager defined a special assessment not as a tax but as a charge which was authorized by the Legislature and only to the extent there was an increase in fair market 2/22/93 - 16- A value caused by the improvement. He continued to explain it was necessary for such an appraisal and added the information generated by this study might also be helpful to the Council not only on this project but on upcoming projects especially considering the condition of the streets in Brooklyn Center. Councilmember Rosene asked what good the increase to the fair market value of the property would do to the homeowner. The City Manager answered it would only benefit the homeowner at the time of sale. Councilmember Rosene asked if an increase in fair market value would increase the assessment of taxes. The City Manager answered probably not. Councilmember Rosene asked about using a transportation utility. The City Manager answered a transportation utility would be an alternative to special assessment if authorized by the Legislature, but it would still be paid by the resident. Mayor Paulson reminded Council they were getting away from the issue which was the approval for appraisals. He proposed contracting with BCL Appraisals to appraise three properties; one small, medium, and large. He further proposed having the City Assessor appraise three properties also; one small, one large, and maybe a corner lot. He explained this would provide an objective comparison. The City Manager agreed BCL Appraisals could be asked to perform three appraisals. The Director of Public Works explained BCL Appraisals had looked at the proposed area and had recommended performing four to six appraisals. Councilmember Scott stated she wanted to be sure there was a benefit to the property owner. She felt Council needed the appraisals before going ahead with this project. RESOLUTION NO. 93 -26 4 Member Celia Scott introduced the following resolution and moved its adoption: P RESOLUTION ACCEPTING PROPOSAL TO PROVIDE A PROFESSIONAL APPRAISAL OF BENEFITS RELATING TO A PROPOSED RESIDENTIAL STREET IMPROVEMENT PROGRAM AND APPROPRIATING FUNDS THEREFORE Councilmember Mann reminded Council of the 1989 Resource Study Decision which revealed three neighborhoods were opposed to street improvements and this neighborhood was one of them. Councilmember Rosene asked if the decision could wait until after the next meeting of the Earle Brown Neighborhood Advisory Committee for their input and then poll the Councilmembers for their support. The City Manager explained the Council could approve the motion pending the Committee's approval. Councilmember Rosene made a friendly amendment to the motion for approval of the resolution pending approval by the Earle Brown Neighborhood Advisory Committee. G 2/22/93 - 17 - E r 4, t C F f t Councilmembers Scott and Mann agreed with this friendly amendment. Councilmember Rosene suggested the motion be modified to include appraisals on four to six properties not to exceed $6,000 pending approval by the Earle Brown Advisory Committee. f There was a motion by Councilmember Rosene and seconded by Councilmember Mann to amend the motion to include directing staff to report back on how many properties will be F appraised, not to exceed $6,000. The motion for the adoption of the foregoing resolution as amended was duly seconded by member Kristen Mann, and the motion passed unanimously. PUBLIC INFORMATION PROGRAM REGARDING STORM WATER QUALITY IMPROVEMENTS The City Manager presented the public information program regarding storm water quality improvements. The Public Works Coordinator announced the winners of the "Stormie" coloring contest: Amy Gasman, age 4 and under; and Jessica Perrault, age 5 to 8. The Honorable mentions: Sandra Thorbus, Michele McDonald, Amanda Sati, Ashley Crowley, Heather Campbell, Katie Lampi, Kristen Hartwig, Joe Kotila, Vanessa Zamzow, and Danielle Kaden. She reported the winners received a one -month family membership to the Community Center including water slide; and the honorable mentions received a one -day family pass to the F Community Center including use of the water slide. The Public Works Coordinator reported there was a great variety of information on water quality issues which could be provided to residents. She suggested a possible source of information could be a four -page flier or mini newsletter which could be inserted in the City newsletter. Councilmember Rosene stated he liked the newsletter. Mayor Paulson asked if there was a benefit to publishing the newsletter two times a year rather than four times a year. The Director of Public Works answered the concept was that it would be published as an insert to the newsletter in the Spring and again in the Fall. Councilmember Scott stated she also liked the concept and format but did not find a reminder included of what residents are to do with their yard waste and where the yard waste drop -off center was located and the phone number. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to accept the concept of the newsletter and directing staff to discuss with the appropriate E commissions. The motion passed unanimously. 2/22/93 -18 - k f LEGISLATIVE UPDATE The City Manager presented the legislative update. He explained one of the more important measures being considered by the legislature was at the initiative of Representative Orfield. He further explained Representative Orfield was proposing a comprehensive packet of legislation labelled The Metropolitan Community Stability Act. The City Manager informed Council there was a meeting scheduled on March 10 to discuss the storm drainage at Marlin Park and another meeting scheduled for March 14 to discuss Orchard Lane. ADJOURNMENT There was a motion by Councilmember Scott, and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:35 p.m. z S'l1Y tL�11dl�C `� - Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Timesaver Off Site Secretarial k r Y C k R 2/22/93 - 19 -