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HomeMy WebLinkAbout1991 09-23 CCM Regular Session i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA j REGULAR SESSION f SEPTEMBER 23, 1991 CITY HALL I r CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:01 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, and Council Secretary Peggy McNabb. OPENING CEREMONIES The Council and staff observed a few moments of silence and self- reflection. OPEN FORUM Mayor Paulson noted the Council had not received any 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. f COUNCIL REPORTS Mayor Paulson reported on the success of the three - session Mini Conference Brooklyn Center sponsored on September 18 and 19 in conjunction with the 97th National Conference on Governance, and informed the Council that cable television will be broadcasting some of the speeches and question and answer sessions. He expressed thanks and appreciation to the Council, City Manager, and residents of Brooklyn Center for their assistance and support. Councilmember Cohen thanked the Council for its support and confidence in passing Resolution No. 91 -227 at the September 9 meeting. The resolution was presented to the Metropolitan Council and recommends modification of the 1992 Metropolitan Council budget and work program to include a comprehensive study of resources needed to address neighborhood and community revitalization such as housing, education, health and human services. 9/23/91 _ 1 Councilmember Pedlar reported to the Mayor that at its most recent meeting, the Park and Recreation Commission discussed the impact the water slide will have on the swim club's practice schedule. It appears that the practice schedule will remain intact. An additional report will be forthcoming once the details are worked out with the Director of Recreation. 0 Mayor Paulson advised the Council that Dr. Fred Capshaw, President of North Hennepin Community College, has agreed to chair the Communications Committee. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Council members requested any items be removed from the consent agenda. Councilmember Scott requested that item 7a, the minutes from the September 9,1991, meeting, be removed. Councilmember Rosene requested the resolution in item 11g be removed. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the agenda and consent agenda with items 7a and 11g removed. The motion passed unanimously. APPROVAL OF MINUTES SEPTEMBER 9, 1991 - REGULAR SESSION Councilmember Scott noted corrections to the September 9, 1991, minutes: Page 12; last paragraph; first sentence should read: Councilmember Scott recommended additional newspaper publicity of the yard waste transfer site in Maple Grove to relieve the illegal use of the Hennepin County Parks for disposing of yard waste. Mayor Paulson asked the recording secretary to incorporate this revision into the minutes. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to amend the September 9, 1991, minutes accordingly. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of the September 9, 1991, regular session with the above amendment. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -228 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED FOR SIDEWALK AND MISCELLANEOUS CONCRETE REMOVAL AND REPLACEMENT ON BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1991 -04, CONTRACT 1991 -E 9/23/91 -2- I The motion for the adoption of the foregoing resolution was duly recommended by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -229 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REQUESTING MUNICIPAL STATE AID STREET MAINTENANCE ALLOTMENT FOR 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -230 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED FOR 1991 SEALCOATING, IMPROVEMENT PROJECT NO. 1991 -05, CONTRACT 1991 -F The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -231 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 09/23/91) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PERFORMANCE GUARANTEE RELEASE There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to release the performance guarantee of The Olive Garden, 1601 James Circle, Planning Commission Application No. 90018. The motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the following list of licenses: AMUSEMENT DEVICE - VIDEO B & B Video Games 4139 Red Oak Ridge GARBAGE AND REFUSE COLLECTION VEHICLE Northern Disposal, Inc. 2817 Anthony Lane S 9/23/91 -3- i ITINERANT FOOD ESTABLISHMENT Axiom Marketing Brookdale Center Korean Presbyterian Church 6830 Quail Avenue N MECHANICAL SYSTEMS Bostrom Sheet Metal Works, Inc. 785 Curfew Street Comfort Mechanical, Inc. 4721 33rd Avenue N Cool Air Mechanical, Inc. 1441 Rice Street RENTAL DWELLINGS Renewal: Dale C. Wegner 5935 Dupont Avenue N B.C. Church of Christ 6219 Dupont Avenue N Charles Knudtson 4201 Lakeside Avenue N, #313 SIGN HANGER Scenic Sign Corporation P.O. Box 881 j Schad - Tracey Sign 1600 East Cliff Road The motion passed unanimously. PLANNING COMMISSION ITEMS i PLANNING COMMISSION APPLICATION NO. 91015 -- DARRELL LYNCH The City Manager presented Planning Commission Application No. 91015 submitted by Darrell Lynch requesting a variance from Section 35 -400 of the zoning ordinance to allow for an approximate 16' front yard setback rather than the required 35' setback at 7042 Halifax Avenue North. The application was recommended for approval by the Planning Commission at its September 12, 1991, meeting subject to the five conditions included in the Commission's meeting minutes. The Director of Planning and Inspection reviewed the staff report, noting that 'Mr. Lynch has requested the variance in order to construct a garage on the westerly side of the existing garage, and then convert the existing garage into a woodworking shop. The staff has reviewed standards and specifications for variances contained in the zoning ordinance. The basis for the recommended approval of the application is: 1) the excess right -of -way that exists on the property as a result of reconstruction of Halifax Avenue four to five years ago; and 2) the variance will still allow for a 50' setback from the street line, which is common to the surrounding properties. Public hearing notices have been sent to the surrounding property owners; the applicant was present at the meeting. 9/23/91 -4- I Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91015 submitted by Mr. Lynch at 7:19 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 Pedlar to close the public hearing at 7:20 p.m. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to F approve Planning Commission Application No. 91015 submitted by Mr. Lynch subject to the following considerations and conditions: 1. Imposing a 35' setback from the front property line in this case creates the hardship of an unnecessarily large setback from the street because of the change in street location. 2. The condition of excess right -of -way is relatively unique in the R1 zone and is grounds for mitigation from the required setback. 3. The hardship of unnecessary setback from the street has not been created by the property owner, but by the City. 4. There is no detriment to other properties in the neighborhood as long as a 50' setback from the street is maintained. i 5. ' Variance approval acknowledges a setback of 50' from the street. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 91016 SUBMITTED BY EGAN FIELD AND NOWAK, INC. REQUESTING PRELIMINARY PLAT APPROVAL ON BEHALF OF THE OWNER, LEONARD LINDQUIST TO RESUBDIVIDE INTO TWO LOTS AND AN OUTLOT THE TWO VACANT LOTS ON THE EAST SIDE OF WILLOW LANE BETWEEN THE HOMES AT 7006 AND 7032 WILLOW LANE The City Manager presented Planning Commission Application No. 91016 submitted by Egan, Field and Nowak, Inc. requesting preliminary plat approval on behalf of the owner, Leonard Lindquist, to resubdivide into two lots and an outlot the two vacant lots on the east side of Willow Lane between the homes at 7006 and 7032 Willow Lane. The application was recommended for approval by the Planning Commission at its September 12, 1991, meeting subject to the four conditions included in the Commission's meeting minutes. The Director of Planning and Inspection reviewed the staff report, noting that Egan, Field and Nowak, Inc. has requested the preliminary plat approval on behalf of Mr. Lindquist in order to resubdivide two existing lots into two lots for future development with an outlot 9/23/91 -5- i between the two lots which would provide a new access to an island in the Mississippi River. The island is actually in the City of Brooklyn Park, however, the access to it is in Brooklyn Center. The property is zoned Rl and is surrounded by single - family homes on the north and south, Willow Lane on the west, and the Mississippi River on the east. No structures would be allowed on the outlot unless it is combined with one of the buildable lots. There is an approximate 3.3' encroachment on the northerly lot by a shed belonging to the neighboring lot to the north. Mr. Lindquist has apparently agreed to grant an easement to the adjacent property owner. Public hearing notices have been sent to surrounding property owners. Nick Eoloff was present to represent the property owner. Councilmember Rosene advised the Council he would like to see the fourth condition removed from the preliminary plat approval, noting that although the owner plans to grant an easement, it may be a disadvantage to be dictated by the City to do so. By removing the fourth condition, the property owner would be able to negotiate a fair settlement for the easement if he so desires. In response to Councilmember Rosene's question as to the actual intent of this preliminary plat request, the Director of Planning and Inspection indicated the owner intends to sell the two buildable lots for single - family residences. F r The Council and City Attorney discussed the issue of settling the encroachment issue prior to the plat approval. The City Attorney recommended the situation be remedied prior to the final plat approval, either by imposing a condition that the property owner grant an easement, or by having the owner of the encroaching shed remove it. Councilmember Pedlar suggested opening up the meeting to a public hearing to hear from Mr. Eoloff, who represents the property owner. Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91016 submitted by Egan, Field and Nowak, Inc. requesting preliminary plat approval on behalf of the owner, Leonard Lindquist, to resubdivide into two lots and an outlot the two vacant lots on the east side of Willow Lane between the homes at 7006.and 7032 Willow Lane at 7:42 p.m., and invited Mr. Eoloff to address the Council. Nick Eoloff, 6015 Aldrich Avenue North, Brooklyn Center, addressed the Council stating he was in full agreement with the Council's discussion on the encroachment /easement issue and that settling it by either granting an easement or removing the encroachment would be agreeable to the property owner. 9/23/91 -6- 4 Following further discussion of resolving this encroachment/easement issue, the City Manager recommended imposing a condition in the preliminary plat approval that the encroachment on the north side of the lot must be resolved to the City Attorney's satisfaction prior to approval of the final plat. The Mayor inquired if anyone else present wished to address the Council on this issue. No one appeared to speak, and he entertained a motion to close the public hearing. P There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 7:47 p.m. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning Commission Application No. 91016 submitted by Egan, Field and Nowak, Inc. requesting preliminary plat approval on behalf of the owner, Leonard Lindquist, to resubdivide into two lots and an outlot the two vacant lots on the east side of Willow Lane between the homes at 7006 and 7032 Willow Lane, subject to the following four conditions, and noting that the fourth condition is revised from the Planning Commission's recommendation and meeting minutes: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Outlot A is considered an unbuildable parcel unless combined with or attached to an adjacent buildable lot. 4. The final plat is subject to either the encroachment being removed or an easement being developed with the neighboring property owner to the north for continuation of the encroaching shed satisfactory to the City Attorney. The motion passed unanimously. Y PLANNING COMMISSION APPLICATION NO. 91017 SUBMITTED BY DENNIS AND GLORIA CARDINAL REQUESTING AN APPEAL OF A DETERMINATION BY THE DIRECTOR OF PLANNING AND INSPECTION THAT PARKING A TOW TRUCK IN A RESIDENTIAL ZONE (6544 FRANCE AVENUE NORTH) IS A NUISANCE AS DEFINED BY SECTION 19 -103 OF THE CITY ORDINANCES AND IS NOT A LAND USE ELIGIBLE FOR A SPECIAL USE PERMIT The City Manager presented Planning Commission Application No. 91017 submitted by Dennis and Gloria Cardinal requesting an appeal of a determination by the Director of Planning and Inspection that parking a tow truck in a residential zone (6544 France Avenue North) is a nuisance as defined by section 19 -103 of the City Ordinances and is not a land 9/23/91 -7- use eligible for a special use permit, noting that the application was recommended for denial by the Planning Commission at its meeting on September 12, 1991, on the grounds that the parking of a tow truck is considered a nuisance activity and not a land use and is, therefore, not eligible for a special use permit. ' The Director of Planning and Inspection presented the details of this appeal, an overhead diagram of the Cardinal's residential property, and a chronicle of what has transpired to date on this application for special use permit and subsequent appeal of the denial. The appeal is related strictly to a judgment or determination of whether or not the activity of parking an otherwise prohibited vehicle in a residential area can be considered a special use under the zoning ordinance and, thus, be considered for a special use permit. Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91017 submitted by Dennis and Gloria Cardinal requesting an appeal of a determination by the Director of Planning and Inspection that parking a tow truck in a residential zone (6544 France Avenue North) is a nuisance as defined by section 19 -103 of the City Ordinances and is not a land use eligible for a special use permit at 7:58 p.m. He inquired if there was anyone present who wished to address the Council. Robert Wilson, 7050 Brooklyn Boulevard, the attorney representing Dennis and Gloria Cardinal on this appeal, appeared before the Council and presented the history and background information of this appeal, noting Mr. Cardinal's integrity and 23 -year history of operating a successful and credible business in the City. He stated his intent is to successfully resolve this issue on behalf of Mr. Cardinal. He felt Mr. Cardinal should be exempt from the ordinance according to section 19 -103, subdivision e of the City Ordinances. He further suggested amending the ordinance to allow emergency vehicles to be parked in residential -sized garages with the doors closed, adding that an amendment such as this would still retain the original intention of the ordinance, but yet permit emergency vehicles to be readily available over the night hours. Mr. Wilson advised the Council he is prepared to file a lawsuit in the matter in order to resolve this matter to his clients' satisfaction. In response to the Mayor's question as to what grounds the lawsuit would be based on, Mr. Wilson indicated it would be based on the following grounds: 1. The fact that members of a city council have declared an emergency tow truck a public nuisance; a city council does not have the authority to decide what is or is not a public nuisance. 2. The fact that the 14th Amendment of the United States Constitution is being violated by this ordinance; and government must compensate the person whose property is being taken away. 9/23/91 -8- 3. The fact that Mr. Cardinal should be grandfathered in as exempt from the ordinance according to Section 19 -103, subdivision e of the City Ordinances. In response to Councilmember Pedlar's request for a legal definition of public nuisance, the City Attorney stated that the definition of public nuisance is something which unreasonably interferes with the comfort, quiet, and enjoyment of property, health, safety and welfare, and it must have an effect on the public -at- large, not just one neighbor. The City Attorney further addressed the suggested grounds for a lawsuit and concluded that the Council does have the authority to impose this restriction as presented. Councilmember Rosene suggested that the Council consider alternatives to this denial, and advised he had personally viewed the location and surroundings of the Cardinal's property and had spoken with one neighbor who strongly supported Mr. Cardinal's request for a special use permit. Councilmember Cohen cautioned the Council on drafting a provision to this ordinance solely to satisfy Mr. Cardinal's situation, noting several other residents in similar business vehicle situations who would also desire and then be entitled to a "personalized" provision. He added further that the purpose of this ordinance is to protect residential property and ensure a desirable community for residency. He felt a more fair approach to this issue may be to consider rezoning this area to a C2 commercial zone. Mr. Wilson presented an affidavit from Minnesota State Trooper Paul Andrescik emphasizing the importance of a quick response time by tow trucks to accident scenes on freeways to ensure public safety. Councilmember Scott pointed out the ordinance was drafted specifically in response to the number of complaints against dump trucks, and added, however, that it was drafted only after several years of hard work, studies and public hearings. At the time it was adopted, affected vehicle owners were provided six months to find alternative parking. An additional three -month extension was provided prior to the City beginning the enforcement of the ordinance provisions. Councilmember Pedlar stated his strong support of the ordinance as written, noting there is a great deal of police and ambulance /rescue work that needs to be done at an accident scene prior to the tow trucks removing the vehicles, which would allow for ample time for the tow truck owner /operator to be called at home and then drive to where the tow truck is parked. The Council, staff, and Mr. Wilson discussed the various components, weights, lengths, etc., of tow trucks in relation to Minnesota statutes permitting vehicles under 9,000 lbs. to park in residential zones. Mr. Wilson advised the Council he would request in writing the City's interpretation of the statutes from the City Attorney. 9/23/91 -9- I The City Attorney advised the Council needs to determine if the original intent of the ordinance was to restrict all tow trucks or just those over 9,000 lbs. The possibility of ambiguity in this ordinance needs to be addressed and resolved. I The Mayor inquired if there was anyone else present who wished to address the Council. No one appeared, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing at 8:54 p.m. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to direct staff to prepare a resolution outlining the history and facts of this application and setting forth the reasoning and rationale for denial to be brought back before the City Council for consideration. The motion passed unanimously. ORDINANCES ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES EXTENDING THE HOUSING MAINTENANCE AND OCCUPANCY CODE TO INCLUDE COMMERCIAL AND INDUSTRIAL PROPERTIES The City Manager presented an Ordinance Amending Chapter 12 of the City Ordinances Extending the Housing and Maintenance Occupancy Code to Include Commercial and Industrial Properties. This ordinance was offered for a first reading on August 12, 1991, published in the City's official newspaper on August 21, 1991, offered for a second reading on September 9 1991 and tabled after a public hearing at the Council's meeting of P g P g September 9, 1991, in order to give the Minnesota Multi Housing Association an opportunity to make comments relative to the portion of the ordinance requiring rental dwelling license holders to prevent disorderly activities on their premises. The Association supported the ordinance, however, felt some language modifications or changes would be in order to help apartment owners deal with disorderly tenants, particularly when it comes to unlawful detainers. The Council and staff continued their discussion from the Council meeting of September 9, 1991, on how to effectively address this issue, including screening processes, penalties, inspections, eviction enforcement, and formulating certain police department information and making it available to rental property owners to assist in the screening process. The City Attorney advised the Council that the City Prosecutor is currently working on some recommendations regarding criminal behavior to be included in this amendment and recommended that staff should also continue to work on this ordinance and all proposals should be addressed at one time. 9/23/91 -10- Mayor Paulson opened the meeting for the purpose of public input on An Ordinance Amending Chapter 12 of the City Ordinances Extending the Housing Maintenance and i Occupancy Code to Include Commercial and Industrial Properties. Property owner Stephen Cook presented the following petition to the members of the Brooklyn Center City Council: To the members of the Brooklyn Center City Council: We the property owners residing on the 5300 block of Queen and 5300 block of Russell, have read the proposed amendments to chapter 12 of the city ordinances. We the undersigned would encourage the Council to pass these amendments and diligently enforce them. Signature Address Mr. and Mrs. Richard Ploof 5321 Queen Avenue N Tom Everett and Jill 5319 Queen Avenue N Liz Parise 5337 Queen Avenue N Mr. and Mrs. LaRose 5337 Queen Avenue N Donna J. Sullivan 5339 Queen Avenue N Chris Glanville 2403 - 59th Avenue N Eugene Briggs 5301 Queen Avenue N Tom Guthrie 5300 Queen Avenue N Kathy Guthrie 5300 Queen Avenue N William Grimm 5312 Queen Avenue N Mr. and Mrs. Robert Messersmith 5340 Queen Avenue N Mr. and Mrs. Ken Petersen 5313 Queen Avenue N Mr. and Mrs. Edward Kolesar 5306 Queen Avenue N Eugene R. Hageman 5401 Queen Avenue N Jeanette Hall 5311 Queen Avenue N Alonzo Ellenwood 5300 Russell Avenue N Stephen and Karen Cook 5308 & 5306 Russell Avenue N Ray and Meg Blacik 5328 Russell Avenue N Karen Lundberg 5332 Russell Avenue N Mark Goldes 5332 Russell Avenue N Larry Propst 5344 Russell Avenue N James W. Sorbel, Director of Government Relations, Minnesota Multi Housing Association, addressed the Council and presented the Association's suggested changes to Section 12 -911 of the proposed amendments, and reviewed the reasoning for these changes. The Councilmembers' agenda packets included a copy of Mr. Sorbel's letter to the Director of Planning and Inspection dated September 18, 1991, detailing these suggested changes. 9/23/91 - 11 - Mr. Sorbel advised the Council the Minnesota Multi - Housing Association is certainly interested in, and would be honored to be involved in, any housing issues facing Brooklyn Center. Councilmember Cohen thanked Mr. Sorbel for the Association's interest and assistance. Carol Smith presented the Council with a photocopy of an article from the September 11, 1991, Brooklyn Center Sun Post regarding an attempted murder in her mother's place of residence, and strongly encouraged action by the Council which would ensure more safe and orderly rental properties for tenants to live in. An unidentified property owner addressed the Council stating that landlords need support and assistance in getting evictions passed, rather than being punished and penalized. The Council and staff further discussed the proposed changes to the amendment. ORDINANCE NO. 91 -17 Member Celia Scott introduced the following ordinance and moved its adoption and recommended that staff continue to work on and fine tune the desired changes to be brought back before the Council for consideration: ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES EXTENDING THE HOUSING MAINTENANCE AND OCCUPANCY CODE TO INCLUDE COMMERCIAL AND INDUSTRIAL PROPERTIES The motion for the adoption of the foregoing ordinance was duly seconded by member Phil Cohen. The motion passed unanimously. The City Manager advised the Council the Minnesota Multi - Housing Association will be kept informed of all proposals and changes. RECESS The Brooklyn Center City Council recessed at 9:40 p.m. and reconvened at 9:50 p.m. DISCUSSION ITEMS USE OF ALTERNATIVE FUELS FOR CITY VEHICLES The City Manager presented the staff report of possible use of alternative fuels in City vehicles and equipment. The Director of Public Works reviewed the staff report, noting that gasohol is a mixture of 15% (grain- derived) ethanol and 85% unleaded regular gasoline. Its advantages include reduced air pollution, reduced dependence on foreign oil, and the fact that it is a renewable resource. 9/23/91 -12- Based on the information in the staff report, as well as information from Hennepin County's Gasohol Program, the Director of Public Works recommended approval of the use of gasohol in City vehicles and equipment. He further recommended proceeding initially with gasohol use in new vehicle only and then gradually converting the older vehicles on a monitored test program. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the use of gasohol in City vehicles as recommended by staff and the Director of Public Works. Councilmember Cohen raised a discussion on the impact Minnesota's eight- cents - per - gallon reduced gas tax on gasohol will eventually have on State aid and the City's ability to construct and maintain roadways and bridges. Councilmember Rosene suggested the money saved by the City's use of gasohol may possibly offset a reduction in State aid. Councilmember Cohen stated his support of initiating the use of gasohol in City vehicles and equipment, and added, however, at some point in time the use of gasohol will have to contribute to roadway and bridge construction and maintenance. The motion to approve the use of gasohol in City vehicles and equipment as recommended by staff and the Director of Public Works passed unanimously. 1991 RESIDENTIAL REFORESTATION PROGRAM REPORT The City Manager presented the staff report on the 1991 Residential Reforestation Program Report. The Director of Public Works reviewed the program, noting the Council had elected to expend $3,000 from the Park Maintenance Division 1991 Budget to provide for the 1991 Residential Reforestation Program in order to provide assistance and incentive in the control of the spread of diseases. The program offered $50 coupons to residents who have had a diseased tree removed through the City's Diseased Tree Program. The coupon was good toward purchase of a replacement tree from participating nurseries. The program received a great deal of positive response from residents. All sixty coupons that were authorized have been awarded in a lottery -type system with first priority given to residents who replied to the 1990 reforestation survey, and second priority given to residents who had a diseased tree marked in 1990 through the Diseased Tree Program In response to Councilmember Pedlar's question as to whether qualifying residents who were not awarded coupons this year would be given priority next year should the Council elect to continue the Reforestation Program in 1992, the City Manager said they would. 9/23/91 - 13- In response to Councilmember Scott's concern about the dead trees still remaining on Durnam Island, the City Manager advised he would contact the Anoka County Parks Department since they do own the island. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to accept the staff report on the 1991 Residential Reforestation Program and to continue the program in the spring of 1992. The motion passed unanimously. The City Manager advised the Council that continuation of the Residential Reforestation Program will be part of the 1992 budget process. RESOLUTIONS RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR WATER SLIDE IMPROVEMENT PROJECT NO. 1990 -24, CONTRACT 1991 -R The City Manager presented a Resolution Approving Plans and Specifications and Directing Advertisement for Bids for Water Slide Improvement Project No. 1990 -24, Contract 1991 -R, noting that in accordance with Council approval, Mjorud Architecture has prepared plans and specifications for construction of a water slide in the Community Center swimming pool area. The City Manager also noted the Building Inspector's review of the Community Center has indicated the need for "code corrections" with an estimated cost of $25,000 to $30,000. These will be needed, whether the water slide is constructed or not. Staff will submit a separate report regarding these improvements. The Director of Public Works presented an overhead diagram of the revised configuration of the water slide. The revision includes a reverse loop rather than two loops in the same direction. The revision was recommended by staff following discussions with the architect and other water slide owners who reported that a reverse loop added considerable appeal to users. The revised plans have received preliminary approval from the required approval agencies. Risk management issues have been addressed by the architect and the Director of Recreation. To stay on schedule and to meet the desired installation time period of mid to late December, the Director of Public Works and Director of Recreation have proposed to open bids for the project on October lb and award the bid on October 21. Councilmember Rosene expressed appreciation for the design and landscaping proposed for the swimming pool area, noting he had been to the Shoreview Community Center and felt the landscaping adds a great deal to the ambience. The Mayor raised a discussion on the revised configuration and questioned the exit ladder being clear across the width of the pool from where the slide enters the water. 9/23/91 -14- The Director of Public Works advised the Council the configuration was recommended by the architect and representatives from the State Board of Health, and is in compliance with the Board's safety requirements and regulations. Strict specifications are placed on the point of the slide and into entry, exit, water depth, and the e o angle at which the users discharge ff ry P g g the pool. The Director of Public Works further added the configuration still allows for use of the shallow end for younger swimmers and the deep end for advanced swimmers. Use of the water slide would not restrict either of these activities. The City Manager advised the Council that representatives from the State Board of Health were very helpful and positive in providing good information based on other successful community water slides. He noted this revised configuration provides for maximum usage of the pool, however, lap swimming lanes will continue to be restricted during certain time periods. The Council further discussed the revised configuration, including liability issues, safety markers, exit ladders, revenues received from the different swimming activities, as well as programs of other metropolitan area community swimming pools and water slides. The Mayor advised the Council he had received a letter from Diane Johnson regarding the swimming pool and water slide, and felt it made several good points regarding such things as fees and users. He summarized her letter stating the City has an opportunity to capitalize on its olympic -sized pool by properly marketing several swimming - related functions to serve the younger swimmers, water slide riders, families, and lap swimmers. I In response to the City Manager's comment that the goal of the installation of the water side is to increase overall revenues to reduce the City's subsidy of the pool, the Mayor recommended that all swimming activities be given equal time and priority in the pool schedule. The Director of Public Works reviewed the desired time frame of the October bid process to allow for installation during the minimal -use period in mid to late December. In response to the Mayor's recommendation that two lap swimming lanes be marked and available at all open swim times, Councilmember Pedlar pointed out this issue should be addressed by the risk management manager. RESOLUTION NO. 91 -232 Member Celia Scott introduced the following resolution and moved its adoption, and recommended that staff prepare additional information for the Council including laws, safety markers, risk management issues, and proposed swimming- related activities schedules: 9/23/91 - 15 - i RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR WATER SLIDE IMPROVEMENT PROJECT NO. 1990 -24, CONTRACT 1991 -R The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION ACCEPTING WORK PERFORMED FOR HUMBOLDT AVENUE /65TH AVENUE LANDSCAPING, IMPROVEMENT PROJECT NO. 1991 -03, CONTRACT 1991 -D The City Manager presented a Resolution Accepting Work Performed for Humboldt Avenue /65th Avenue Landscaping Improvement Project No. 1991 -05, Contract 1991 -D, noting that Councilmember Rosene had asked to have it removed from the consent agenda. In response to Councilmember Rosene's question on the health of the trees that were planted, the City Manager responded that it appears the trees are recovering to good health; and if they do not, however, Greenworks, Inc., the landscaper, will be responsible to replace them. RESOLUTION NO. 91 -233 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED FOR HUMBOLDT AVENUE /65TH AVENUE LANDSCAPING IMPROVEMENT PROJECT NO. 1991 -03, CONTRACT 1991 -D The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION OPPOSING CERTAIN STANDARDS INCLUDED IN THE PROPOSED LEAD CONTAMINATION CONTROL ACT AMENDMENTS OF 1991 The City Manager presented a Resolution Opposing Certain Standards Included in the Proposed Lead Contamination Control Act Amendments of 1991. The Director of Public Works reviewed the resolution, noting the American Water Works Association recently alerted its members to proposed federal legislation which could have an impact on the Brooklyn Center Water Utility. The proposed Lead Contamination Control Act Amendments of 1991 would significantly change the lead in water regulations recently promulgated by the Environmental Protection Agency. He further stated the resolution expresses the Council's support of achievable lead standards but opposition to the proposed tap water lead limit. The amendment as proposed would require if just one sample exceeded 10 parts per billion for lead, then additional corrosion 9/23/91 - 16 - control would be required. It is virtually certain that one sample will exceed the proposed standard. The result of the proposed legislation is that most, if not all, water utilities will be required to increase corrosion control. RESOLUTION NO. 91 -234 Member Phil Cohen introduced the following resolution and moved its adoption and recommended that staff contact Congressman Sikorski's staff regarding this issue: RESOLUTION OPPOSING CERTAIN STANDARDS INCLUDED IN THE PROPOSED LEAD CONTAMINATION CONTROL ACT AMENDMENTS OF 1991 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:58 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Secretarial Service 9/23/91 -17-