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HomeMy WebLinkAbout1991 04-22 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 APRIL 22, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:05 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, Finance Director Paul Holmlund, Personnel Coordinator Geralyn Barone, City Engineer Mark Maloney, Public Works Coordinator Diane Spector, Director of Recreation Arnie Mavis, and Council Secretary Carla Wirth. OPENING CEREMONIES The invocation was observed with a moment of silence for personal 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. COUNCIL REPORTS Councilmember Pedlar reminded those present that Park Clean -Up Day had been scheduled for May 4th from 9 a.m. to noon. The Director of Recreation asked Councilmembers to inform him if they will be attending so work can be scheduled accordingly. Mayor Paulson suggested, and Council agreed, to consider agenda item 9, Presentation by Hennepin County Commissioner John Derus, at this time. PRESENTATION: JOHN DERUS, COUNTY COMMISSIONER Mayor Paulson welcomed Hennepin County Commissioner John Der to the meeting. 4/22/91 _ 1 _ Commissioner Derus provided a report on various matters before the Hennepin County Board of Commissioners including County services, budget cutbacks, Light Rail Transit (LRT) and ethanol usage in County vehicles. He informed the Council that Anoka County and other communities were now using ethanol and encouraged the Council to consider supporting a resolution to use ethanol for their fleet of vehicles. Councilmember Rosene thanked Commissioner Derus for his presentation and questioned the County's innovative use of natural gas for vehicles. Commissioner Derus noted Hennepin County currently had several pickup trucks using propane but no pilot program using natural gas. Commissioner Derus pointed out that Minnesota was a "fuel poor state" which makes it important to look at the use of renewable resources such as ethanol. Councilmember Cohen noted the downside of ethanol use, which was decreased gas tax revenues for use in road maintenance. Councilmember Cohen questioned State contributions towards the County budget in relation to mandated programming. Commissioner Derus explained the process of State mandated programing which was only funded for the first year. Councilmember Cohen expressed the need for Brooklyn Center and other communities to work closer with their County Commissioner. Commissioner Derus agreed and explained the need to also gain support from outlying communities. He then explained the use of soybean ink and that Hennepin County requires its use for all their printed material. Councilmember Scott expressed her concern with the detox and welfare programs, noting her support of purchasing these people a one -way bus ticket back to their homes. Commissioner Derus pointed out he authored the "Bus Ticket Back Program" and shares Councilmember Scott's frustration. The matter was tried at the Fourth Judicial Court and an injunction ordered to stop the program. Commissioner Derus noted that many welfare program users were the elderly through the use of medical assistance. Councilmember Scott complimented Hennepin County on their proactive program of sending welfare department case workers to the site of drug raids to care for the children. Mayor Paulson voiced his support of a Brookdale LRT terminal and his feeling that the current proposal will have a long -term negative impact by pulling revenues out of Brooklyn Center and into other communities. He urged Commissioner Derus to commit to supporting a Brookdale spur in the LRT 20 -year plan. Commissioner Derus responded that he had always supported a Brookdale terminal; however, due to several factors, including the cost of dealing with a freeway overpass, the LRT Advisory Committee recommended an alternate route. Another consideration was the resolution adopted by Brookdale against an LRT terminal since they felt people would use their parking lot to take LRT to their job. Mayor Paulson asked if Commissioner Derus would support a Brookdale terminal within the 20 -year plan. Commissioner Derus restated that he had always supported it, but it would be very difficult at this time to gain enough support from the LRT Advisory Committee to add it to the 20 -year plan. The Mayor and Council 4/22/91 - 2 - thanked Commissioner Derus for his presentation and continued support of Brooklyn Center. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items removed from the consent agenda to which the City Manager requested removal of Item 13d. APPROVAL OF MINUTES Councilmember Rosene clarified the third paragraph of page 9 as follows: "Councilmember Rosene referring to a wheelage tax, noted if encouraging alternative forms of transportation were successful, funding would then diminish due to decreased vehicle use and thus fees paid. APRIL 8, 1991 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of the April 8, 1991, regular session as amended. The motion passed unanimously. PROCLAMATION DECLARING APRIL 26, 1991, AS EUGENE H. HAGEL DAY Mayor Paulson briefly reviewed this item. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve a Proclamation Declaring April 26, 1991, as "Eugene H. Hagel Day." The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1991 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -121 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF 5,000 SQUARE FEET OF RUBBER FLOORING FOR PARK BUILDINGS 4/22/91 - 3 - The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the final plat for the Brooklyn United Methodist Church addition subject to the development and filing of an encumbrance agreement meeting the approval of the City Attorney. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: FOOD ESTABLISHMENT Brooklyn United Methodist Church 7200 Brooklyn Blvd. Kids Play 5611 Xerxes Avenue N. Korean Presbyterian Church of T.C. 6830 Quail Avenue N Maranatha Conservative Baptist Home 5401 69th Avenue N. Spiritual Life Ministries 6500 Shingle Crk. Pky. Subs, Etc. 6048 Shingle Crk. Pky. T. Wright's 5800 Shingle Crk. Pky. ITINERANT FOOD LICENSE Brooklyn Center Fire Department 6301 Shingle Crk. Pky Brooklyn Center Park & Recreation 6301 Shingle Crk. Pky Malmborg's 5120 North Lilac Drive MECHANICAL SYSTEMS Air Comfort, Inc. 3944 Louisiana Circle Air Corp., Inc. 13005 16th Avenue N. Air Furnace Care, Inc. 8733 Humboldt Avenue N. Associated Mechanical Contractors, Inc. P.O. Box 237 Cronstrom's Heating and A/C 7201 West Lake Street Delmar Furnace Exchange 4080 83rd Avenue N. Egan & Sons Co. 7100 Medicine Lake Road Faircon Service 2668 Patton Road Golden Valley Heating & A/C 5182 West Broadway Harris Mechanical Contracting Co. 2300 Territorial Road Louis Degidio, Inc. 6501 Cedar Avenue S. Maple Grove Heating & A/C 8870 Zealand Avenue N. Marsh Heating & A/C Co., Inc. 6248 Lakeland Avenue N. 4/22/91 - 4 - MECHANICAL SYSTEMS (Continued) Minnesota Heating & A/C 6908 Georgia Avenue N. Modern Heating & A/C 2318 First Street NE R & S Heating & A/C 21357 Hemlock Avenue Southern Mechanical, Inc. 900 B & H Industrial Ct. Ray Welter Heating Co. 4637 Chicago Avenue S. MOTOR VEHICLE DEALERSHIP Brookdale Ford, Inc. 2500 County Road 10 Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6701 Brooklyn Blvd. RENTAL DWELLINGS Initial: Lyle E. Miller 3501 47th Avenue N. Joan M. Decheine 3207 68th Avenue N. Renewal: Norman Chazin Brookdale Manor Apartments Norman Chazin Four Courts Apartments Vinh and Ha Ly 6007 Brooklyn Blvd. Kenneth O. Schwendeman 4639 France Avenue N. Terry L. Hartmann/H.E. Homes 6827 Fremont Place Richard Olson 5818 Humboldt Avenue N. Marcus Corporation 6415 James Circle North Norbert & Delores Volbert 4207 Lakeside Avenue N. #122 Ethel and Lambert Ackermann 4207 Lakeside Avenue N. #234 Gary Scherber 4708 Lakeside Avenue N. William P. Kelly 5724 Logan Avenue N. Tracy Rice 6907 Morgan Avenue N. Joe Sandino 3834 Oak Street Larry Pederson 5401 63rd Avenue N. Merle G. Biggs 3910 65th Avenue N. Lawrence R. Florian 857 -861 70th Avenue N. Robert W. Rode 869 70th Avenue N. S. Richard Silverness 873 -877 70th Avenue N. James R. Hokanson 881 -885 70th Avenue N. SPECIAL FOOD HANDLING ESTABLISHMENT C.W.'s Corner/Holiday Inn 2200 Freeway Blvd. SIGN HANGER Anchor Signs, DBA Universal Sign Co. 1033 Thomas Avenue Nordquist Sign Company, Inc. 312 West Lake Street 4/22/91 - 5 - SWIMMING POOLS Bennie Rozman Brookdale Ten Apartments The motion passed unanimously. MAYORAL APPOINTMENTS HUMAN RIGHTS AND RESOURCES COMMISSION NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Paulson reviewed the existing vacancies for the Human Rights and Resources Commission and the Northwest Hennepin Human Services Council as well as the applications received for said vacancies. He expressed his desire to see a more equal gender balance on these commissions. Councilmember Rosene concurred. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to approve the following appointments: NWHHSC Advisory Commission - Jerry Eiserman, term expires 12/31/92. HR &RC - Sharon Achtelik, term expires 12/31/93, Julie Eoloff, term expires 12/31/93, and Kate Windsor, term expires 12/31/92. The motion passed unanimously. ORDINANCES The City Manager presented an Ordinance Amending Chapter 1 of the City Ordinances Regarding Animals. He explained it will provide one more step in the private kennel licensing process to allow the initial review to be conducted by the City Manager with the opportunity to appeal to the City Council. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading an Ordinance Amending Chapter 1 of the City Ordinances Regarding Animals and setting a public hearing date of May 13, 1991, at 7:30 p.m. The motion passed unanimously. The City Manager noted a public hearing was required for the second reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land (Proposed Twin View Meadows). In response to Councilmember Cohen's question, the Director of Planning and Inspection reviewed the area proposed for rezoning and explained that the Council must adopt a housekeeping type of ordinance amendment which describes the land being rezoned under its new zoning designation based on the new legal description contained in the plat. He recommended the Council hold the public hearing as scheduled but not adopt the ordinance until the City had proof that the plat had been filed with the County. 4/22/91 - 6- I Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land (Proposed Twin View Meadows) at 8:03 p.m. He inquired if there was anyone present who wished to address the Council. Dan Middlested, 5120 East Twin Lake Boulevard, stated he lives in this area. He reminded the Council that today was Earth Day, and he was concerned about loss of wildlife in Outlots A and B due to the proposed roadway. He requested the Council table final plat approval to allow residents additional time to prepare an alternative roadway (cul -de -sac) to preserve the trees, natural area and its wildlife. Mayor Paulson responded that this was a matter to be considered during final plat approval. He noted the general consensus from area residents was that they were comfortable with this development but concerned with street design. Mr. Middlested agreed that he was not opposed to the proposed 25 lots. The City Manager pointed out a change in road design would effect the plat. The length of the road, if a cul -de -sac, was also a concern since City Ordinances generally restrict the length to 500 feet. Rick Hartmann, President of Twin View Development, informed the Council that a cul -de -sac design was not feasible since the road would be 1,200 feet long. He noted that this alternative was researched and considered, but the preliminary plat was approved with the proposed road design. He felt it was too late to consider an alternate road design at this time. Harland Lewandowski, 4100 51st Avenue N., stated the residents prefered a cul -de -sac to reduce traffic flow. There was no one else present who wished to speak. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing at 8:15 p.m. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar tabling the proposed ordinance until proof was provided that Twin View Meadows had been properly filed with Hennepin County. The motion passed unanimously. RESOLUTION APPROVING DEVELOPMENT AGREEMENT The City Manager briefly reviewed this item for the Council. The Director of Planning and Inspection provided a summary of the proposed development agreement for Twin View Meadows. He noted that this agreement provides guarantees to insure completion of the project. In response to Councilmember Pedlar's question regarding Joslyn Company contamination, the Director of Planning and Inspection explained this requirement was not incorporated 4/22/91 - 7- as a condition of approval based on the City Attorney's recommendation. He added that this proposed final plat meets all conditions established by the Council in granting preliminary plat approval. Therefore, a commitment had been made to the developer. The City Attorney agreed the Council does not have much latitude during final approval to change the plat if the applicant had met all conditions of the preliminary plat approval, g P PP P rY P PP unless a major or unique situation comes to light that was not considered previously. Mr. Hartmann informed the Council that the closing for this property was scheduled for tomorrow. The City Engineer reviewed the major provisions of the development agreement, elaborating on exhibit 2. He also reviewed the 17 conditions for approval, the modification and other aspects of the plat. The Council briefly discussed the need for emergency vehicle and snow plow access. RECESS The Brooklyn Center City Council recessed at 8:48 p.m. and reconvened at 9:02 p.m. Councilmember Pedlar questioned the City's ability to restrict residential traffic flow. The City Manager reviewed action taken on Wingard Lane involving both signage and a physical barrier. Councilmember Pedlar indicated he would support restrictive signage. The City Manager indicated doing so would create a major enforcement issue and unrealistic expectations from the residents. He estimated that 90% of the traffic would use France Avenue rather than East Twin Lake Boulevard. The City Attorney noted that the resolution approving the development agreement established conditions that must be met for final plat approval. Therefore, he advised the Council to consider final plat approval before the resolution approving the development agreement. As requested by Councilmember Cohen, the Director of Planning and Inspection provided a detailed recounting of the various meetings and hearings that have been held regarding the Twin View Meadows plat as well as alternative ways of dealing with traffic that had been considered. Councilmember Scott stated in looking at the overall area, she felt residents of East Twin Lake Boulevard will drive through the proposed subdivision to access France Avenue. Mayor Paulson reviewed the issues before the Council regarding one resident requesting additional time to prepare and present an alternate road design incorporating a cul -de -sac and the developer's need to present documentation at the closing of this property scheduled for April 23, 1991. He asked these parties to restate their case. 4/22/91 - 8- Mr. Hartmann expressed his doubt that residents from the proposed subdivision would use East Twin Lake Boulevard for ingress or egress. Rather, he agreed with Councilmember Scott's comment that residents will travel through this area to access France Avenue. He assured the Council that he had researched several cul -de -sac alternatives but found none that were feasible due to excessive length. Mr. Hartmann felt the proposed plat provided the best alternative for the neighborhood. In response to Mayor Paulson's question, Mr. Hartmann reiterated that he had based all of his plans according to preliminary plat conditions and had his employees and surveyors working extended hours to meet the closing deadline. Councilmember Cohen asked if he had hired professional engineers to conduct the traffic study. Mr. Hartmann responded Merrilla and Associates were hired to conduct this study, review traffic options and recommend a road design that least impacted the surrounding neighborhood. The proposed plat reflected their recommendation. Mr. Middlested stated he had attended five meetings regarding this plat and conceded on many other points and he felt there were an undue number of negative comments directed towards him. Residents in this area felt strongly about an alternative road design but it would take time for them to prepare a presentation. Mr. Middlested stated he does not object to a cul -de -sac cutting into Outlot A since it would work well with existing terrain and reduce the traffic flow to East Twin Lake Boulevard. He concluded his remarks by indicating this neighborhood contained many children who were used to walking into the street so he was concerned with increased traffic for their safety as well as the preservation of the unique wildlife in this area. Mayor Paulson expressed his intent to allow all residents the opportunity to be heard and express their concerns. He indicated he had looked at this area and considered both sides of the issue and available options. Councilmember Pedlar stated he accepted Mr. Middlested's remarks but the Council was encumbered with the future development of the City. Also, some people originally opposed to the project have reconsidered and feel the proposed plat was in their best interest rather than some type of I -1 development. Councilmember Pedlar pointed out the enforcement problems with restrictive signage and indicated he supported final plat approval. Councilmember Cohen concurred and noted that preliminary plat approval included conditions based on City Ordinances, Planning Commission data and legal advice. The applicant had now met all requirements of the preliminary plat. Councilmember Cohen explained that while he was sensitive to public opinion, he must consider all aspects of the proposal. Councilmember Scott noted the property owner had a right to develop his property and the City had taken the responsibility of protecting wildlife by keeping two outlots. 4/22/91 - 9- There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the Twin View Meadows final plat subject to the execution of a comprehensive development agreement. The motion passed unanimously. RESOLUTION NO. 91 -122 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR TWIN VIEW MEADOWS SUBDIVISION AND AUTHORIZING AND DIRECTING ITS EXECUTION The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS WATER SLIDE The City Manager explained the Park & Recreation Commission had been considering a water slide proposal for the community center. They requested authorization to proceed with an in -house financial investigation to determine the feasibility. The Director of Recreation conducted a slide presentation of the Shoreview water slide and the proposed location for a water slide at the Brooklyn Center community center pool. He noted that it would not interfere with existing activity and felt it would increase attendance and participation. The Director of Recreation informed the Council of discussions he had with directors at other facilities and their success. Councilmember Pedlar, as Park and Recreation Commission liaison, endorsed the concept and suggested a business plan outline including dollar figures be developed. The City Manager agreed that a cost analysis could be included as part of the feasibility study. Councilmember Cohen supported moving forward since the study would be conducted in -house at a minimal cost. Councilmember Rosene voiced his support and indicated he felt residents would also be supportive since an indoor water slide would be unique to this area. Mayor Paulson also supported gathering more data including looking at the financial aspect. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to direct staff to conduct an in -house financial investigation including a cost analysis to determine the feasibility of a water slide for the community center. The motion passed unanimously. 4/22/91 - 10- Mayor Paulson suggested, and Council agreed, to consider item 12c, 69th Avenue Improvement at this time in consideration of Short - Elliott- Hendrickson, Inc. (SEH) representatives. Council agreed to then consider item 12d, Reforestation Program. 69TH AVENUE IMPROVEMENT STATUS REPORT The City Manager updated the Council on the current status of Stage 1 of the 69th Avenue improvement plans. The Director of Public Works introduced SEH- design engineer Sue Mason and a SEH landscape architect who provided an in -depth presentation of proposed roadway alignment /geometric layout plan, existing landscape and optional landscape treatments to meet individual property owner requests. The City Manager noted differing opinions regarding whether the median should be closed or left open. It was felt this issue would be brought up at the public informational meeting scheduled for May 1, 1991. Councilmember Cohen questioned planting maintenance. The City Manager explained that an irrigation system was not anticipated for the 12' to 19' median planting area. This area would be behind the curb to help eliminate salt kill. The Director of Public Works noted the temporary painted median from June to Brooklyn Boulevard until Hennepin County addressed questions about the Brooklyn Boulevard and 69th Avenue intersection. The City Manager informed the Council of discussions with France and Palmer Lake Drive residents who were interested in a property exchange because of their short backyards. The proposed plans would offer flexibility to consider this option if the Council so decided. He explained that these plans would be presented at the May 1st informational meeting. Ms. Mason noted the need to also work with and inventory existing fences. While lot by lot changes can not be accommodated, the Council may consider several lots together. The Director of Public Works reviewed other issues that would be discussed at the public informational meeting. In response to Councilmember Cohen's question, he explained access to Mound Cemetery would be right in and right out only. Mayor Paulson questioned consideration given to closing roads on the north end of 69th Avenue. The City Manager responded that no specific requests have been received for this or a cul -de -sac design. Mayor Paulson urged the Council to look towards function rather than form and activities that the Council wanted to see in the parkway (walking, picnics). The City Manager stated both the concept of expanded park activities and cul -de -sacs would be reviewed and presented at the May 1st public meeting. Councilmember Scott suggested a unique bus shelter be incorporated to accommodate the heavy bus traffic. Ms. Mason commented they have approached MTC regarding a bus stop at France Avenue and will continue working with them. Mayor Paulson noted the City's policy for not putting a bus shelter in front of residential properties. 4/22/91 - 11 - RESOLUTIONS (CONTINUED_) The Director of Public Works reviewed the proposed resolution accepting SEH, Inc.'s proposal for 69th Avenue improvements to prepare plans and specifications to construct Phase I improvements. Councilmember Pedlar suggested a "not to exceed" figure be included. The Director of Public Works pointed out the figure for Phase I was $28,800. Mayor Paulson expressed his reservation regarding the plan and concern that it was devised without input from the Council on general concept and philosophy. He suggested the Council look at uniform fencing and berming and not miss the opportunity to make this a quality project which maximized potential by putting the "park into the parkway." Mayor Paulson added that this was the last time he will vote on something where the City does not have procurement processes in place. The City Manager explained that four different layouts were previously considered with input gathered on all of them. He added that suggestions by Council would still be considered. Mayor Paulson suggested input on medians and sidewalk location be considered. The City Manager stated these concepts would be presented at the May 1st meeting. Councilmember Cohen commented that a plan had to be developed for presentation to residents on May 1. The Council would again consider the plans after the public informational meeting. Councilmember Scott voiced her concern that a cul -de -sac plan would encroach into the open space. Councilmember Pedlar concurred with Mayor Paulson's statements and indicated residents have contacted him expressing their desire to have the street closed. The City Manager pointed out that residents were invited to the public informational meeting on May 1st and could express their concern at that time. In response to Councilmember Pedlar's question, the Director of Public Works explained that SEH will present updated cost estimates for the entire project before the Council considers proceeding with the next stage. Councilmember Pedlar requested staff provide a commentary of questions and answers for the May 1st meeting and that a sign -up sheet be used. Councilmember Rosene agreed that moving the sidewalks further from the roadway would provide a better parkway atmosphere for the user. Motorists appreciate having a median to separate conflicting traffic so he asked staff not to eliminate them. RESOLUTION NO. 91 -123 Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FROM SEH, INC. TO PREPARE PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF PHASE I IMPROVEMENTS 4/22/91 - 12- (SOIL CORRECTION IN PALMER LAKE SEGMENT OF 69TH, COMPENSATING STORAGE AND WETLAND MITIGATION) IMPROVEMENT PROJECT NO. 1990- 10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and the motion passed unanimously. DISCUSSION ITEMS: CONTROLLING DRIVEWAY WIDTHS AND PAVING IN FRONT YARDS AND YARDS ABUTTING A PUBLIC STREET The City Manager explained the draft ordinance was presented tonight for discussion only and staff had prepared a detailed presentation including 35 slides. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table further discussion of the proposed draft ordinance controlling driveway widths until the next Council meeting. The motion passed unanimously. REFORESTATION PROGRAM The Director of Public Works reviewed the staff report regarding the implementation of a reforestation program. Staff recommended the Council consider limiting tree replacement to those property owners who lost trees in the 1990 and 1991 diseased tree program. The Public Works Coordinator summarized the proposed reforestation program emphasizing that timing was a critical issue to take advantage of the planting season. During the spring planting season bare root trees can be used but in the fall only balled and burlapped trees can be planted . She recommended the Council consider a limited fall planting program which could be advertised through the newsletter. It was noted that the City currently pays one -half the cost to remove boulevard trees and may want to consider contributing one -half of the cost to replant boulevard trees. Councilmember Scott supported the need for reforestation in Brooklyn Center but had reservation with the program presented by staff which was restricted to only 1990 and 1991 diseased trees. Also, the ro osed program would require a lot of staff time to P P P g q administer. Several different alternatives were discussed involving a City negotiated contract with nurseries, use of coupons which have been authorized by the City, and residents selecting and planting the trees. The Public Works Coordinator pointed out the advantage to staff's proposal was having more control over the planting location of trees. Councilmember Scott noted she does not prefer boulevard trees due to excessive trimming by utility companies and suggested a condition of staff approval on location be considered. Councilmember Cohen expressed his support of a reforestation program. Councilmember Pedlar also expressed support but pointed out that it was too late in the season to 4/22/91 - 13 - consider bare root plantings. He also questioned cost and the possibility of other funding sources that may be available. Councilmember Pedlar pointed out the many areas of need in Brooklyn Center and suggested the Council prioritize where City dollars should be spent. Councilmember Cohen questioned criteria used to recommend replacement of only 1990 and 1991 diseased trees. The Public Works Director responded that they considered how extensive the program can be using existing staff. Also, data was available from a 1990 survey of residents who lost trees and their interest in participating in a reforestation program. Requests from other years could also be considered but this would make it difficult to forecast resources and cost. However, if the program worked well it can be opened to other people in the future. Councilmember Cohen suggested a program where the City accepted bids for trees with or without installation and then pass this price on to interested residents. This would eliminate administrative costs for staff involvement. The residents could present their drivers license to the nursery as proof of residency. Councilmember Scott supported this proposal since it allowed residents the ability to choose the variety and size of tree while also limiting staff involvement. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to direct staff to further research a reforestation program for the fall of 1991 involving the City's purchase program with local nurseries and also a spring of 1992 program which can be further discussed during the 1992 Budget sessions. The motion passed unanimously. LEGISLATIVE UPDATE The City Manager updated the Council regarding the tax increment financing and fiscal disparity bills currently being considered by the Senate and House. Councilmember Cohen distributed additional information regarding fiscal disparities within Brooklyn Center as well as dollars used by the social services and corrections programs. He stated he would prefer the State indicate they need a tax increase (if that was the case) rather than trying to use "back door" tactics. RESOLUTIONS (CONTINUED) RESOLUTION NO. 91 -124 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET FOR AN EXTERIOR DOOR FOR CITY HALL The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 4/22/91 - 14- The City Manager informed the Council that an agreement had been reached with the property owner of the northeast corner of 69th Avenue and Brooklyn Boulevard. The Public Works Director explained the negotiating process that had taken place regarding ineligibility for relocation costs since the property owner was moving into an apartment rather than a house. After further consideration Evergreen Land Services recommended approval of a purchase agreement $3,000 over the City's offer. Staff also recommended approval since this was the last residential property needed for the reconstruction of 69th Avenue and additional legal and condemnation costs would otherwise be incurred. RESOLUTION NO. 91 -125 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager noted that the proposed resolution moved the responsibility of the weed inspection program from the City Manager's office to Public Works and Engineering. It also included a special assessment fee of $30 per parcel and $10 capitalized interest. The Public Works Director further researched the proposed fee schedule. The reappointment of the Weed Inspector would be registered with Hennepin County. RESOLUTION NO. 91 -126 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING FEES RELATING TO WEED INSPECTION/REMOVAL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The Council briefly discussed the need for a balanced cross - section representation on the Budget Task Force. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to appoint the following people to the Brooklyn Center Budget Task Force: Pat Boran, Donn Escher, Ulyssess Boyd, Vi Kanatz, Ron Christensen, Greg Peppin and Dennis Kelly. The motion passed unanimously. 4/22/91 - 15 - 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 11:54 p.m. PnA r Deputy City Clerk Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Service 4/22/91 - 16 -