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HomeMy WebLinkAbout1992 09-14 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 14, 1992 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, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. OPENING CEREMONIES Jim Roberts offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson announced a Special City Council Meeting to Canvass the September 15, 1992, Municipal Primary Election Returns. He stated the meeting will take place in the council chambers at 8 p.m., or as soon thereafter as the Council can be assembled. Mayor Paulson also announced the names of the four recycling winners for the month of August. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Pedlar requested agenda item 8c be removed and Councilmember Rosene requested items 15b and 15c be removed. 9/14/92 - 1 - APPROVAL OF MINUTES AUGUST 24, 1992 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the minutes of August 24, 1992, regular session as printed. The motion passed unanimously. PROCLAMATIONS DECLARING SEPTEMBER 19-27,1992 AS POW/MIA RECOGNITION WEEK There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to adopt a Proclamation Declaring September 19 -27, 1992, as POW/MIA Recognition Week. The motion passed unanimously. DECLARING SEPTEMBER 17-23.1992, AS CONSTITUTION WEEK There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to adopt a Proclamation Declaring September 17 -23, 1992, as Constitution Week. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -215 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR DEVELOPMENT OF PAVEMENT MANAGEMENT PROGRAM, IMPROVEMENT PROJECT NO. 1992 -17, AND ALLOCATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion . o passed unanimously. y RESOLUTION NO. 92 -216 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 09/14/92) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PERFORMANCE BOND RELEASE There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the performance guarantee release to Marquette Bank Brookdale. The motion passed unanimously. 9/14/92 "2, LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLES Browning Ferris Industries of MN 9813 Flying Could Drive RENTAL DWELLINGS Initial: Robert H. Levine Shingle Creek Apts. Jay Nelson Battenberg 5235 Drew Ave. N. Lenard Braun 6525 -27 -29 Willow Lane Renewal: James Ferrara 6031 Brooklyn Blvd. Paul Enge 4748 Twin Lake Ave. N. Victor and Jean Huang 3813 72nd Ave. N. The motion passed unanimously. PROCLAMATIONS (Continued) r DECLARING OCTOBER 12 1992 AS COLUMBUS QUINCENTENNIAL DAY IN BROOKLYN CENTER Councilmember Pedlar introduced three members of the Knights of Columbus and thanked them for their excellent work. After review of the proclamation, there was a motion by Councilmember Pedlar and seconded by Councilmember Scott to adopt a Proclamation Declaring October 12, 1992, as Columbus Quincentennial Day in Brooklyn Center. The motion passed unanimously. CHIEF OF POLICE APPOINTMENT The City Manager introduced a Resolution Finalizing the City Manager's Appointment of Trevor Hampton as the new Chief of Police effective September 28, 1992, and Amending the 1992 Pay Plan. Councilmember Rosene stated the City is extremely fortunate to have had three qualified candidates, and he expressed some heaviness of heart in the decision not to select Police Captain, Joel Downer. Councilmember Pedlar agreed is was a very difficult decision for staff to make. He recognized Joel Downer as an excellent candidate and expressed concern the City will lose him down the road. 9/14/92 -3- Councilmember Cohen stated he was glad it was the City Manager's decision as it was a very difficult one. He further stated while interviewing the candidates he asked them if they thought the selection process was fair and everyone said it was extremely fair. Councilmember Scott stated she appreciated the fact the Council was able to sit down with the candidates, and she welcomed Mr. Hampton as the new chief of police. Chief Finey, of the St. Paul Police Department, came forward to echo the fine comments about Trevor Hampton. He stated Mr. Hampton is a fine police executive and complimented the City Manager and City Council in choosing Trevor Hampton. Mayor Paulson agreed the City will have an excellent police chief and called on the community to unite and support the new police chief. RESOLUTION NO. 92 -217 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION FINALIZING THE CITY MANAGER'S APPOINTMENT OF A CHIEF OF POLICE AND AMENDING THE 1992 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager introduced An Ordinance Amending Ordinance No. 91 -16 Regarding Council Salaries. He explained this ordinance was offered for first reading on August 24, 1992, published in the City's official newspaper on September 2, 1992, and is offered this evening for second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Ordinance No. 91 -16 Regarding Council Salaries at 7 :18 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 7:18 p.m. The motion passed unanimously. ORDINANCE NO. 92 -15 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO. 91 -16 REGARDING COUNCIL SALARIES The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 9/14/92 -4- AN ORDINANCE AMENDING SECTION 27 -120 OF THE BROOKLYN CENTER CODE OF ORDINANCES PROHIBITING PARKING ON CITY STREETS BETWEEN THE HOURS OF 2 A.M. AND 6 A.M. The City Manager stated as part of the budgetary process to develop the 1993 budget for the police department, a Department Strategies Committee was created. He further explained the committee looked at ways to cut costs, raise funds and also improve efficiency. The committee suggested an amendment to the City's parking ordinance to prohibit parking on City streets between the hours of 2 a.m. and 6 a.m. Councilmember Pedlar asked staff if a citizen has extenuating circumstances, such as their driveway being resurfaced, would they be excused from this ordinance. The City Manager replied citizens do call and make special arrangements with the police department. Councilmember Rosene expressed concern with selective enforcement and stated if the City is going to make exceptions, those exceptions should be listed in the ordinance. Mayor Paulson asked for a review of this ordinance in six months including a cost analysis and citizen reaction. Rex Newman, 3107 61st Avenue North, addressed the Council stating he could not move his car into his driveway one time last year due to a heavy snowfall and asked that exceptions be made in such cases. Councilmember Rosene stated there is a sufficient number of concerns to be addressed, but he does approve of the idea. Councilmember Cohen stated he was willing to move forward with this and make any adjustments at the time of the second reading. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Section 27 -120 of the Brooklyn Center Code of Ordinances, Prohibiting Parking on City Streets Between the Hours of 2 a.m. and 6 a.m., requesting staff to submit a report regarding other possible changes to this ordinance for consideration by the Council at the time of a second reading and setting a public hearing date of October 13, 1992, at 7:15 p.m. The motion passed unanimously. PUBLIC HEARINGS ONE PERCENT SALES TAX ON LIQUOR AND FOOD SALES The City Manager stated he had received notice from the Office of the Secretary of State regarding special laws enacted in the 1991 and 1992 sessions. He further stated Chapter 511, Article 8, Section 30, Brooklyn Center; Local Liquor and Restaurant Tax, requires City Council approval in order to become law. 9/14/92 -5- The Assistant EDA Coordinator showed the Council slides of some of the 80 homes within the City that should be acquired and demolished with the funds raised by the one percent sales tax. The City Manager informed Council staff has met with restaurant owners several times and some of the owners are present tonight. Councilmember Rosene stated he was concerned about the effect of the tax on banquets. He explained one percent on a single meal will not be noticeable, but one percent on a 200- person banquet will make a difference. The EDA Coordinator stated the banquet industry is extremely competitive and one percent could be a problem. He further stated a compromise has been talked about where the Ci could make an exception in the ordinance. Councilmember Rosene asked if the Council adopts this resolution, will it free up some CDBG funds for low income housing. The EDA Coordinator responded no, the CDBG funds have their own requirements. Mayor Paulson opened the meeting for the purpose of a public hearing on one percent sales tax on liquor and food sales at 7:50 p.m. He inquired if there was anyone present who wished to address the Council. Karl Gaardsmoe, President of the Brooklyn Center Chamber of Commerce, thanked the City Manager, the EDA Coordinator, and Councilmembers Pedlar and Cohen for attending a meeting of the Chamber stating it was a great help. He also read to the Council a statement prepared by the Brooklyn Center Chamber of Commerce including the statement ". . . the Brooklyn Center Chamber of Commerce opposes a referendum which seeks additional taxation as the primary solution." Councilmember Cohen asked Mr. Gaardsmoe what the Chamber would support. Mr. Gaardsmoe stated he was unable to answer the question right now and will work with the City to come up with some alternatives. Councilmember Cohen stated the City tried to obtain an HRA levy increase two years ago and also tried at various times to implement a one percent sales tax and the legislature has refused. He further stated Representative Carruthers proposed this tax and moved it through the Tax Conference Committee and the Council should support his efforts. Councilmember Cohen pointed out the hotel /motel industry does have its own three percent tourism tax which it would not want removed. He further stated he disapproves of the following statement made in the letter from the Brooklyn Center Chamber of Commerce: 9/14/92 -6- "The Brooklyn Center Chamber of Commerce opposes a tax referendum for which the use of revenues is strictly legislated to only provide for low- income housing projects." Councilmember Pedlar stated he disagreed with Subd. 2, paragraph 2, which states: "Use of revenues received under the section must have incomes at or below 80 percent of the area median family income." He expressed concern a family with income at or below the 80 percent of the median family income would be unable financially to redevelop. He explained the City must continue to redevelop and, if it does not, businesses will be affected negatively. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8 p.m. The motion passed unanimously. Councilmember Scott stated the people in the City who need help are the low to middle income families. She further stated there is a need to go back to the legislature to alter the bill to conform with the original intent to provide housing for low income people. Councilmember Cohen stated the legislature has not been providing dollars for housing without restrictions. He further explained to obtain special legislation that does not have restrictions would be very difficult. He suggested the matter be put on the November ballot for the citizens to decide. Councilmember Pedlar agreed the matter should be put on the ballot. He expressed concern in the ability of Council to communicate to the citizens exactly what they would be voting on. The City Manager explained a basically factual information flyer describing some of the restrictions could be mailed out to the citizens. Mayor Paulson thanked the legislature for bringing this to the City. He stated the concept of going to a referendum is how the City should decide revenue policy in the future. The Council needs to give the citizens the opportunity to decide the merits of the program one way or another. Mayor Paulson expressed appreciation for the work of the Chamber. He also suggested the matter be given to the Financial Commission for their recommendations. He stated no matter how anyone feels about the tax, in the interest of democracy it should be put to the citizens to decide. 9/14/92 _ _ RESOLUTION NO. 92 -218 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHAPTER NO. 511 (H.F. NO. 2940), ARTICLE 8, SECTION 30, BROOKLYN CENTER; LOCAL LIQUOR AND RESTAURANT TAX The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Councilmember Scott asked staff what the difference was between the two resolutions. The City Attorney explained the first resolution is to approve a special law, and the second resolution is calling for a special election. RESOLUTION NO. 92 -219 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION CALLING SPECIAL ELECTION TO AUTHORIZE THE CITY COUNCIL TO LEVY A ONE PERCENT TAX ON GROSS RECEIPTS FROM THE SALE OF LIQUOR AND FROM THE SALE OF FOOD AT RESTAURANTS TO FUND APPROVED HOUSING PROJECTS IN THE CITY AND FIXING FORM OF BALLOTS, NOVEMBER 3, 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS The City Manager presented the special assessments for diseased shade tree removal costs. He explained the City Council adopted resolution No. 92 -175 providing n fora public hearing P g P g regarding proposed assessments for tree removal costs and the purpose of this resolution is to certify these assessments to the Hennepin County Tax Rolls. The City Manager suggested the Council hold the public hearing now, but defer action on the resolution until the Council acts on agenda item 14b. Mayor Paulson opened the meeting for the purpose of a public hearing regarding special assessments for diseased shade tree removal costs at 8:25 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8:25 p.m. The motion passed unanimously. 9/14/92 -8 - SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY REPAIR ACCOUNTS The City Manager presented the special assessments for delinquent public utility repair accounts. Mayor Paulson opened the meeting for the purpose of a public hearing regarding special assessments for delinquent public utility repair accounts at 8:26 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8:26 p.m. The motion passed unanimously. RESOLUTION NO. 92 -220 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY REPAIR ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The City Manager presented the special assessments for delinquent public utility service accounts. Mayor Paulson opened the meeting for the purpose of public P a u c hearin regarding g s P P P g ecial p assessments for delinquent public utility service accounts at 8:28 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing at 8:28 p.m. The motion passed unanimously. RESOLUTION NO. 92 -221 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 9/14/92 -9- RESOLUTION NO. 92 -222 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DELETING ONE ASSESSMENT FROM PROPOSED LEVY #12533 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS The City Manager presented special assessments for weed removal costs. Mayor Paulson opened the meeting for the purpose of a public hearing regarding special assessments for weed removal costs at 8:30 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8:30 p.m. The motion passed unanimously. RESOLUTION NO. 92 -223 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. SPECIAL ASSESSMENTS FOR WEST RIVER ROAD IMPROVEMENT PROJECT NO. 1988 -18 The City Manager presented the special assessments for West River Road Improvement Project No. 1988 -18. The Director of Public Works explained the background information on the West River Road improvement project and answered questions of Council. The City Attorney explained there was a similar situation with the Lyons property and the City went to court and the City's position was sustained. He recommended the City proceed with the assessment. Councilmember Cohen expressed concern if the assessment is lowered, will this allow others to appeal their assessments. The City Attorney stated that all other assessments for the project are final because no appeals were filed within the time limit specified by law for appeals. 9/14/92 - 10 - Mayor Paulson opened the meeting for the purpose of a public hearing regarding special assessments for West River Road Improvement Project No. 1988 -18 at 8:41 p.m. He inquired if there was anyone present who wished to address the Council. Harold Swanson, owner of the property at 7230, 7240 and 7250 West River Road, stated he objects to this assessment as it has no benefit at all to the property. He further stated if the City is going to do something for the general good of the City, the money then should come out of general revenue funds, not special assessments. Councilmember Rosene stated the crux of the problem is that there is certain information that the City needs from Mr. Swanson. Mr. Swanson replied he will provide the City with the information it has asked for. Councilmember Rosene further stated it seems we have a simple misunderstanding. He thought it would be wise to continue the public hearing to a specified date using Option One as follows: If, during the public hearing, Mr. Swanson agrees to allow the private appraiser access to all information needed by the appraiser to complete an appraisal of the benefits which have accrued to the properties as a result of the improvements, the City Council could again continue the public hearing to a specified date (recommending October 26, 1992 ) with the intent that the Council then i e again consider the assessment based on the findings of the appraiser. The City Attorney stated the City needs to obtain information from Mr. Swanson regarding rental incomes, etc. in order to complete an appraisal of the benefits resulting from this improvement. He noted the City Assessor has received this information relating to a tax appeal by Mr. Swanson. However, that is privileged information which the independent appraiser, hired by the City, cannot have access to without the consent of Mr. Swanson. Councilmember Rosene stated he believes the City as a whole benefits more than just Mr. Swanson, and he suggested the adoption of a transportation utility tax to evenly bear the cost of the improvements. The Director of Public Works stated all special assessments levied against property owners on the West River Road project total less than 5% of the total project costs. He also noted the City Attorney's office has requested Mr. Swanson to allow the independent appraiser hired by the City to use the information which the City Assessor has previously obtained from Mr. Swanson, and has not received that approval. Mr. Swanson stated he is willing allow the independent appraiser to use the information which he has previously furnished to the City Assessor. 9/14/92 The City Attorney stated Mr. Swanson's verbal statement is adequate to allow the City to have the independent appraiser proceed with his evaluation of benefits to Mr. Swanson's properties, using the information which the City Assessor has. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to continue the public hearing until October 26, 1992. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:50 p.m. and reconvened at 9:05 p.m. PLANNING COMMISSION ITEM The City Manager presented Planning Commission Application No. 92012 - Omni Tool. The Director of Planning and Inspection explained Application No. 92012, submitted by Omni Tool, is a request for site and building plan approval to construct a 15,958 sq. ft. addition to the industrial building at 3500 48th Avenue North. He reviewed the proposal including the location of the building addition, access and traffic circulation, landscaping and parking provisions. He further stated the Planning Commission has recommended approval of the application subject to 16 conditions which he reviewed for the Council. Councilmember Cohen addressed the building owner saying he appreciated his faith in the community to plan an addition which is bigger than the original building. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve Planning Commission Application No. 92012 submitted by Omni Tool subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 9/14/92 -12- 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The applicant shall sign the truck access drive to prohibit parking of any vehicles in the driveway in front of the building. 12. With the consent of the owner of the property to the north, the applicant shall relocate the water and sanitary sewer lines presently running through the property to the west of the proposed building and dedicate a new drainage and utility easement prior to the issuance of permits for the building. 13. The applicant shall apply for and receive approval of the vacation of the existing utility easement prior to the issuance of permits for the building. 14. The property owner shall enter into a restrictive covenant to be filed with the title to the property requiring that on -site storm sewer be installed and connected to City storm sewer in 48th Ave. N. within one year of when it becomes available. 15. The applicant shall obtain the consent of the neighboring property to the east to modify the common drainage way serving these two properties. If such consent is not forthcoming, the applicant shall revise the grading plan, subject to the approval of the City Engineer, prior to the issuance of permits. 16. Plan approval acknowledges a waiver of the 50' separation requirement between driveways in lieu of the limited use of the easterly truck access drive. The motion passed unanimously. 9/14/92 - 13 - DISCUSSION ITEMS REVIEW OF POLICIES RELATING TO DISEASED TREE REMOVAL PROGRAM The City Manager explained Mr. Kenneth Hirte, 4113 - 61st Avenue North spoke to the City Council during open forum on August 24, 1992, objecting to the City's policy which provides that one -half of the costs for removal of boulevard trees are to be charged to the property owner. He further explained this report is in response to the City Council's request for a staff report regarding this matter. Councilmember Cohen asked what the total annual cost of the tree removal program is. The Director of Public Works answered the total annual cost for removal of boulevard trees is $29,000, with $14,500 of that being assessed to the property owners. Councilmember Rosene suggested the property owner's share of the tree removal program be paid by property taxes not by the individual property owner. He further stated the argument that this is the way it has always been done is not good enough for him. Councilmember Scott stated she disagreed with Councilmember Rosene in that special assessments were created for exactly this sort of thing. There are a lot of trees marked in the City to be removed. Councilmember Cohen stated the issue goes beyond philosophy, it becomes dollars and cents. He further stated he is reluctant to change the policy although he concurred there is an argument there. He stated the City must look at what the total effect of changing special assessments would be and what the total ramifications would be. Councilmember Scott expressed concern if special assessments are taken away, other projects, such as the reforestation program would be cut to make up the difference. She stated the Council owes it to the children to make sure there are trees for future generations. She further stated she would like to see the Council increase the reforestation program, not take away from it. Councilmember Rosene stated he would not like to be billed for $145 for tree removal and $.60 a year for each property owner would be better. There was a motion by Councilmember Scott and seconded by Councilmember Cohen that until total review of assessment policy of the City, the present policy on the disease tree removal be retained. Councilmember Rosene asked Councilmember Scott if she meant to put the matter on the agenda as a discussion item. Councilmember Scott answered yes, at a workshop session. 9/14/92 - 14 - Councilmember Cohen stated he was concerned if the City parts from special assessments on this, what is the next item that should go from special assessments to general fund. He suggested the Financial Commission take a look at this question as well as the Council. Councilmember Pedlar stated he disagreed with sending this matter to the Financial Commission. He explained the Council would then be asking the Financial Commission to review policy and this is the responsibility of the Council. He further stated the City has a problem with diseased trees, does the City want to absorb those costs in the future. He suggested the Council look at this matter once it gets into the budget process. He asked if property without trees has a lower market value. The Director of Public Works stated regardless of what the value of the tree was or was not, the current action is removal of a diseased tree, and the removal of the diseased tree is a benefit in that you get rid of an eye sore. Mr. Hirte asked to clarify a statement on Page 2 of the report: "While Mr. Hirte stated that he believes the tree which was removed from his boulevard was never an asset to his property, . . ." He stated he has planted numerous trees, shrubs, and flowers and the boulevard tree was not an asset due to an easement which moved it back and up a hill. Because of this, the tree was not growing straight. Councilmember Rosene clarified it is not righting a wrong as he does not consider it a wrong. He explained the $14,500 must be paid either by the property owners or by spreading it out to all the residents. Councilmember Cohen asked what the timeline on this matter is. The Director of Public Works answered Mr. Hirte's tree will be removed in 1992. He explained if Mr. Hirte elects to be billed later by special assessment, it will not be levied until one year from now. His first installment would have to be paid in 1994. He further explained earlier tonight the Council tabled action on the special assessment for trees which were removed in 1991. Councilmember Cohen suggested the Council act on the assessments that were tabled and then as part of the budget process conduct discussion on special assessments. Councilmember Pedlar asked if the special assessments are discontinued, how far back would the City go. The City Manager answered as a practical matter, no further back than 1991. Councilmember Pedlar stated he had no objection to discussion of the matter in the budget process as the Council is not in a position to address this tonight. He explained the Council must identify and project what the costs will be -- research needs to be done. Mr. Hirte asked if the Council was saying he pay now or take his chances that the special assessment for diseased tree removal will be changed. The Director of Public Works explained Mr. Hirte will be billed for the tree removal, and he will then have the choice to pay immediately or pay through his taxes with additional costs to levy special assessments. 9/14/92 - 15 - Councilmember Pedlar asked what the costs are associated with the special levy. Diane Spector, Council Works Coordinator, answered there is a $25 flat fee and an additional $30 fee after 60 days. Councilmember Cohen reiterated the Council should act on the motion and maintain the policy at this time and review it during the budget process. He further stated staff should be directed to bring this issue back for discussion as part of the budget process. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to amend the motion to include direction to staff to bring this issue back for discussion as part of the budget process. The motion as amended passed unanimously. RESOLUTION NO. 92 -224 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS. _ The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS (Continued) STAFF REPORT REGARDING DATA PROCESSING IMPROVEMENT FOR THE PUBLIC UTILITIES DEPARTMENT The Director of Public Works presented a staff report regarding data processing improvement for the public utilities department and answered questions of the Council. Councilmember Scott stated the City had budgeted $84,000 for this project, however because the City can use some of the existing equipment it will cost only $10,000. RESOLUTION NO. 92 -225 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1992 -15, DATA PROCESSING ENHANCEMENTS FOR THE WATER UTILITY SCADA SYSTEM AND FOR THE SANITARY SEWER UTILITY INTRAC SYSTEM, AND APPROPRIATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 9/14/92 - 16 - ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SIDE YARD SETBACKS IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for first reading an Ordinance Amending Chapter 35 of the City Ordinances Regarding Side Yard Setbacks in Commercial and Industrial Zoning Districts. The motion passed unanimously. PROPOSED COUNCIL MEETING SCHEDULE The City Manager presented the proposed Council Meeting Schedule. Councilmember Rosene informed Council on October 13, 1992 he has parent /teacher conferences, and he asked to be excused from the Council meeting. He also stated September 29 is good, and he also has parent /teacher conferences on October 1 and October 8. Councilmember Scott stated she cannot attend the September 29 meeting. Councilmember Cohen stated he will advise the City Manager of his schedule. The City Manager agreed to call all Councilmembers in regard to the October 13 Council meeting date. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to adopt the Council Meeting Schedule, and the motion passed unanimously. ADDITION OF APARTMENTS TO TRESPASS ORDINANCE The City Manager presented the addition of apartments to the trespass ordinance. He reviewed the memorandum from James Lindsay, Chief of Police, in support of this addition. Councilmember Scott agreed this addition will be a great help to apartment owners as well as tenants. Councilmember Pedlar stated this would be a good change to the ordinance, and it would be nice to communicate with apartment owners about this question. The Director of Planning and Inspection stated there is an apartment managers' meeting once a month and this idea came from one of these meetings. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to directing staff to prepare an ordinance for first reading, and the motion passed unanimously. 9/14/92 . 17 _ RESOLUTIONS Continued The City Manager introduced a Resolution Accepting Bid and Awarding Contract for Removal of House at 4100 - 51st Avenue North, Improvement Project No. 1992 -12, Contract 1992 -J. Councilmember Rosene stated he had been by the house and it seemed rather nice. He further stated he was not sure the house should be demolished and he questioned why the bid to move was so high. The City Manager explained it is a two -story house and to move it electrical lines would have to be moved thus causing the high estimate. RESOLUTION NO. 92 -226 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REMOVAL OF HOUSE AT 4100 -51ST AVENUE NORTH, IMPROVEMENT PROJECT NO. 1992- 12, CONTRACT 1992 -J The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager introduced a Resolution Accepting Quotes for Repair of Tennis Courts at Kylawn and Northport Parks. Councilmember Rosene asked what exactly is being done. The Director of Public Works answered the tennis courts are being seal- coated with the holes patched. RESOLUTION NO. 92 -227 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES FOR REPAIR OF TENNIS COURTS AT KYLAWN AND NORTHPORT PARKS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager introduced a Resolution Authorizing Execution of Agreement with the State of Minnesota for the Purpose of Conducting the First Stage of a Four -City Business Retention and Local Market Expansion Pilot Project. Mayor Paulson stated he had a number of concerns with this. 9/14/92 -18 - Councilmember Pedlar stated there is a need to get these monies into the City coffers and bring the matter back for discussion. Councilmember Cohen stated he had checked with the City Attorney and was told he does not have a conflict of interest in this matter. RESOLUTION NO. 92 -228 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF MINNESOTA FOR THE PURPOSE OF CONDUCTING THE FIRST STAGE OF A FOUR -CITY BUSINESS RETENTION AND LOCAL MARKET EXPANSION PILOT PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. Vote on the motion: four ayes, one nay. The motion passed. Mayor Paulson voted nay. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:55 p.m. A � W Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 9/14/92 - 19 -