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HomeMy WebLinkAbout2005 08-22 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 AUGUST 22, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Choua Lee, 3713 54 Avenue North, addressed the Council to express his concern regarding the closing of the Hmong America Shopping Center; to discuss the economic impact; and to ask that the City give a fair market value. Dai Thao, 3713 54`" Avenue North, addressed the Council to express his concern with the social and economic impact with the closing of the Hmong America Shopping Center; inquire how the City will raise money for the Opportunity Site, since he believes $17 Million is not enough; and asked about a response to his letter. Boa Yang, 6752 80 Avenue North, addressed the Council asking about interpreters. The Council advised the Police Department has access to interpreters. Ted Willard, former Brooklyn Center Council Member, addressed the Council to express his concern with the article in the Sun Post Newspaper regarding the minutes and to urge the Council to restrict specific comments of Council Members. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Rev. Jin S. Kim, Church of All Nations, offered the Invocation. 08/22/05 -1- 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that on August 10, 2005, she attended an Opportunity Site Task Force meeting and informed that this is the second to last meeting. There is consideration of another public meeting and more details will come on that later. On August 13, 2005, she attended a Family Walk for Fiber Muscular Dysphasia in Central Park. She wished to mention that the walking trails are outstanding and encouraged residents to visit the trails. On August 18, 2005, she attended the Twin West Chamber Luncheon. Representatives spoke on the outcomes of the Legislative Session and the impacts on cities surrounding the northwest area. Councilmember Carmody reported that she attended the Shingle Creek Watershed Commission meeting and that the West Mississippi Watershed Commission did not have a quorum. On August 15, 2005, the Council met with the Financial Commission regarding the budget to continue discussing the costs that are going up and how to handle them in the future. Councilmember Niesen expressed her concern about drivers and wished to inform that unsafe driving should be reported to 911. Mayor Kragness reported that she attended the Safety Camp sponsored by the Brooklyn Center Police Department and informed that the Safety Camp had 49 children attend with great support by the parents. She attended a Chamber of Commerce Luncheon, an AMM meeting, and a League of Minnesota Cities meeting. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O informed that she would like to remove Consent Items 7c 7d and 7e. (These items will be placed on Council Consideration as items IOh, 10i, and 1Oj.) 08/22/05 -2- Council discussed the language to be included with amendments made to minutes. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously and the following items were approved: 7a. APPROVAL OF MINUTES August 8, 2005, Study, Regular, and Work Session and August 15, 2005, Joint Work Session with Financial Commission. 7b. LICENSES AMUSEMENT DEVICES Coyote Grille 2101 Freeway Boulevard MECHANICAL Western Heating and Air Conditioning 425 Old Crystal Bay Road, Long Lake SIGN HANGER Niemela's Signs and Graphics 1055 East Cliff Road, Burnsville Schad Tracy Signs, Inc. 325 Minnesota Avenue North, Orono Universal Sign Company 1033 Thomas Avenue North, St. Paul RENTAL Renewal: Riverwood Estates (7 Buildings, 84 Units) - Donald Kasbohm (201 -15 65`" Avenue, 6401 -25 Willow Lane) 1510 69`" Avenue North (1Buuilding, 4 Units) - Brian Doyle 5449 Colfax Avenue North (Single Family) - Aaron Vos 5339 Queen Avenue North (Two Family, 1 Unit) - Abraham Murphy 7111 Riverdale Road (Two Family, 2 Units) - Allan & Vicki Olson Initial: 6331 Unity Avenue North - Sao & Thao 7156 Unity Avenue North - Dina Adetayo 7f. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR TWIN LAKES III, LLC, 3900 LAKEBREEZE AVENUE NORTH 8. APPEARANCE 8a. BETH BAILEY -ALLEN AND PETER ENCK, NORTH HENNEPIN MEDIATION PROGRAM 08/22/05 -3- Peter Enck, North Hennepin Mediation Program Volunteer, addressed the Council to discuss the history of how the program started. Mr. Enck wished to commend the staff he has worked with over the years and express appreciation for the cooperation they have received to get them to this stage with this program. Mr. Enck discussed the meditation process and expressed that he believes it is a valuable resource to the citizens, businesses, and significantly for the Police Department. Beth Bailey- Allen, Executive Director, addressed the Council to discuss to her personal history with Brooklyn Center and to share some history about the North Hennepin Mediation Program. Since 1983 when the program began as the Brooklyn Center Mediation Project, it has grown to a substantial organization taking over approximately 1,500 cases last year and are now serving 13 different cities. Ms. Bailey -Allen discussed the collaborative project with the Brooklyn Center School District and Homeless and Refugee Children. With this collaborative project their organization has secured three fulltime persons for the next three years to be provided for after school programs that include both tutoring and conflict resolution skill building for immigrant students in the Brooklyn Center schools. Ms. Bailey -Allen informed that one of the changes in the last few years with the variety of budget cuts is that their organization has linked services with funding. They are now providing more services in the cities where they have a partnership and fewer services in cities where they do not have a partnership. Mayor Kragness inquired if their organization has access to interpreters. Ms. Bailey -Allen responded they do and they are recruiting in that area now with community volunteers. She informed that one of the things they started this past year was Spanish Business Consumer Conciliation Court. Councilmember Carmody expressed that she would like to have the discussion of how to budget funds for this organization. Councilmember Lasman expressed that she likes the idea of the after school programs and inquired if the programs would be in more than one district; and what the activities would be for the programs. Ms. Bailey -Allen responded that they have provided services directly in the Brooklyn Center, Osseo, and Robbinsdale School Districts and they have been invited by the Anoka- Hennepin School District to consider providing some services. The activity programs depend on the needs of the schools. Mr. Enck discussed the referral form that is used to get the mediation process moving and the support that they receive from the City's Police Department. Councilmember Niesen asked about the issue of privacy. Mr. Enck discussed that they give no identifying information to anybody. However, at some point they may provide ages and nationalities. 08/22/05 4- Councilmember Niesen inquired how they determine what is open to mediation. Ms. Bailey -Allen responded that not everything is open to mediation and that is why they have professional staff that does the screening. Councilmember Niesen inquired if the Police automatically let residents know about the program. Ms. Bailey -Allen responded partnership with Brooklyn Center is to help the Police make the contact with mediation. Mr. Enck added that if they have a relationship with the City of Brooklyn Center, the folks that they have been talking about do not pay anything for the mediation services. 9. PLANNING COMMISSION ITEMS i 9a. PLANNING COMMISSION APPLICATION NO. 2005-012 SUBMITTED BY TJB HOMES, INC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 12,800 SQ. FT. OFFICE BUILDING AND A SPECIAL USE PERMIT TO ALLOW THE PLACEMENT OF FILL BELOW THE 100 YEAR FLOOD ELEVATION AT 1701 JAMES CIRCLE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT IS AUGUST 11, 2005, MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2005 - 012. He informed that the applicant had submitted different building elevations to make the building more decorative. Those different building elevations included metal /tile roof and more decorative corner features. The Planning Commission recommended approval of Planning Commission Application No. 2005- 012 subject to the following conditions: 1. The 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 erosion control 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 based on cost estimates shall be submitted prior to the issuance ofpermits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground 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. 08/22/05 -5- 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 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 the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 11. The plans shall be modified to provide concrete parking delineators /protectors rather than parking lot striping as indicated on the plan. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 13. The applicant shall obtain an NPDES permit from the Minnesota PCA prior to disturbing the site. 14. This special use permit is granted for the placement of fill in areas below the 100 year flood elevation based upon the acceptance of an appropriate flood mitigation plan providing acceptable compensatory storage as approved by the City Engineer. Said approval shall take into consideration appropriate comments from the Minnesota DNR and the Watershed Management Commission. 15. This special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 16. The property owner shall enter into a utility maintenance agreement as approved by the City Council prior to the issuance of building permits. 17. The retaining wall shall be constructed with a decorative material. The plans shall be modified to indicate the type of material to be provided. Mr. Warren addressed questions from the Council that included the pond area, issue of the parcel having to comply with the NPDES requirements, zoning classifications, and parking requirements A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2005 -012 subject to the conditions recommended by the Planning Commission. Motion passed unanimously. 08/22/05 -6- 9b. PLANNING COMMISSION APPLICATION NO. 2005-013 SUBMITTED BY RENO & ASSOCIATES. REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT TO CONSTRUCT A CONVENIENCE FOOD RESTAURANT AT 6901 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT IS AUGUST 11, 2005, MEETING. Mr. Warren informed that there had been a slight modification to Planning Commission Application No. 2005 -013 which included screening along the north property line. The City has received a revised plan that will continue the six foot cedar fence along the north property line towards Brooklyn Boulevard. Mr. Warren outlined Planning Commission Application No. 2005 -013 and informed that the Planning Commission recommended approval of Planning Commission Application No. 2005 -013 subject to the following conditions: 1. The 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 erosion control 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 based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as built survey of the property, improvements, and utility service lines prior to the release of the performance guarantee. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 08/22/05 -7- I 10. This special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance or these plans shall require an amendment to the special use permit. 11. This special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 13. The plans should be modified prior to the issuance of building permits to: a. extend the 6 ft. high cedar fence to the north property line. b. show existing and proposed site elevations and contours including pavement surfaces, curbs, and the proposed building. c. include catch basins, storm sewer, and other methods for collecting and conveying storm water run off from the site. Mr. Warren addressed questions from the Council that included traffic on Brooklyn Boulevard, neon lighting, flags, easement line along Brooklyn Boulevard, and drainage issues. Mr. Warren informed that not all things are finalized with this application; however, the Planning Commission has recommended approval subject to the above conditions. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve Planning Commission Application No. 2005 -013 subject to the conditions recommended by the Planning Commission. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING AMENDMENT OF MINUTES Mr. McCauley discussed that he had prepared, from discussions at the last Council meeting, two alternatives for Council consideration. Alternate No.l only changes the deletion of the language verbatim description. Alternate No. 2 simplifies down to a more streamlined process and has an additional sentence added regarding typographical errors not needing to be in writing. Councilmember Niesen informed that she had reworded Alternate No. 1 to the following: 08/22/05 -8- "Amendments to draft minutes are to be proposed in writing in order to be considered by the Council. Written proposals can be specific or general in nature, but must include the gist of the change, where it would be located in the minutes, page, paragraph, etc., and received by 6:00 p.m. on the evenings of City Council meetings. Alternately minutes can be tabled to a subsequent meeting should a Council Member need additional time to prepare a written proposal." Councilmember Lasman expressed that she believes Councilmember Niesen's language says pretty much the same thing as the proposed Alternate No. 1 and inquired of Councilmember Niesen if she had an obj ection. Councilmember Niesen informed that she would like to getaway from wordiness and too much detail; and say that it could be tabled to a subsequent meeting. Councilmember Carmody informed that she would object to the subsequent meeting portion since she believes it needs to be at the next meeting. Councilmember Carmody discussed that the reason she likes Alternate No. 1 is because she thinks it would work better for the Council when things are spelled out in detail. She believes this should have never gotten to this point; however, now that it has, it needs to be spelled out exactly. She informed that she would be in favor of Alternate No. 1 because it provides all the details needed. RESOLUTION NO. 2005-121 Councilmember Lasman introduced the following resolution and moved its adoption with Alternate No. 1: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING AMENDMENT OF MINUTES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmembers Niesen and O'Connor voted against the same. Motion passed. 10b. CONSENT AGENDA: MINUTES OF ADOPTION Mr. McCauley discussed that as a follow -up to the last meeting research was done and there would be nothing that dictates the format for consent items in the minutes. A suggested format was prepared for Council consideration to simply state that there was a motion and a second to approve the agenda and consent agenda and any amendments that were made. Council discussed the suggested format of having the language read the following for the approval of the Agenda and Consent Agenda: "A motion by Councilmember X, seconded by Councilmember Y to approve the Agenda and Consent Agenda. Motion passed unanimously and the following items were approved:" 08/22/05 -9- A motion by Councilmember Carmody, seconded by Councilmember Lasman to change the way minutes are done to have one motion listed at the beginning of the consent items with all items listed under one motion and to have the language include: "Motion passed unanimously and the following items were approved: ". Motion passed unanimously. loc. RESOLUTION CALLING FOR A HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. McCauley discussed this resolution would set September 12, 2005, for the public hearing on proposed special assessments for delinquent public utility service accounts. Councilmember O'Connor asked for clarification on the accounts. Director of Public Works /City Engineer Todd Blomstrom discussed that typically hearings are done twice year and there was a hearing earlier in 2005. Some of these delinquent accounts may be from April and some may only be 60 or 90 days old. City Attorney Charlie LeFevere discussed the reason the City went to doing these hearings twice a year was because the City loses the ability to collect these because of a bankruptcy. Once these assessments are placed on the property taxes, then it is locked in. Councilmember Niesen inquired how this would tie into the rental properties for licensing. Mr. McCauley responded that if a property owner had delinquent utility bills at the time when the City is licensing the property, that could be an impediment to getting a renewal or a license. She inquired if the City is looking at that now. Mr. McCauley informed that he would have to check to see if that is being cross - referenced. RESOLUTION NO. 2005-122 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10d. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO THE MUNICIPAL LIQUOR STORE; REGULATING HOURS OF OPERATION Mr. McCauley discussed this would be a request for approval of a first reading and setting second reading and public hearing for September 12, 2005. This public hearing would be for a change on the City's code as it relates to the municipal liquor store to incorporate the reference to the State Statute and delete the previous language which all is a restatement of State Law. 08/22/05 -10- i A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading and set date of second reading and public hearing for September 12, 2005. Motion passed unanimously. 10e. WATERSHED FEES ON CITY STREET PROJECTS Mr. McCauley discussed the watershed has had a fee that has been waived of $1,000 to review improvement projects undertaken by the cities that make up the watershed. The watershed is proposing to impose a $1,000 fee and staff is suggesting a motion to oppose the imposition of a fee since the cities are the source of funding to the watershed in the first place. Councilmember Carmody expressed that she believes there is not a need for member cities to pay this additional fee. Mr. LeFevere discussed some history from earlier meetings regarding the fees. Councilmember Carmody expressed that she believes the watershed needs to include more history in their communications with the cities. A motion by Councilmember Lasman, seconded by Councilmember O'Connor to oppose the imposition of fees. Councilmember Niesen questioned if all member cities would be voting on this and if this would be something that would amend the Joint Powers Agreement (JPA). Mr. LeFevere discussed that some of the members expressed a concern that they did not have specific input from the cities regarding the fee schedule and that this response to the $1,000 fee would be a comment from the City of Brooklyn Center. This is not proposed by the commission as an amendment to the JPA. Councilmember Carmody asked that something be sent to Watershed Commission Chair Mark Hanson, Grady Boeck, and Judie Anderson. Motion passed unanimously. 10L RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ACCESS COMMUNICATIONS, INC. FOR TWO ADDITIONAL CONDUITS ON SAME PATH AS IMPROVEMENT PROJECT NO. 2005-12 AND EXTENDING THE CITY FIBER DUCT SYSTEM FROM THE POLICE BUILDING TO THE WATER TOWER (69TH/DUPONT AVENUE) Mr. McCauley discussed that Access Communications was the successful proposal for the fiber optic project that was previously authorized. They are now making a proposal to the City that would allow them to put in parallel conduit when they install the City's conduit. The City would pay them a onetime locate fee for the additional conduit that the City had looked at from the police building to the water tower. In return Access Communications would do all of the locating for the conduit that the City is putting in for the fiber projects. 08/22/05 -11- The City would save the potential cost of Gopher State One Call locates for this conduit and the City's fiber of approximately $9,000. Access Communications would take that obligation for a minimum of 20 years. The additional conduit to the water tower is being proposed because the City sees some future wireless communication systems for the lift stations, well houses, City mobile computers, and LOGIS sees some benefit in terms of creating some redundancy. Staff is requesting approval of the agreement which would then result in the conduit going to the water tower which gives the City many capabilities for monitoring and controlling lift stations and other advantages when it would put fiber into it. In return Access Communications could then receive an easement along the same route they are going to be putting in conduit to the police building. The City then gets the free locates and pays the onetime fee for locates. Council discussed the maintenance, who would be responsible for damage, the benefits, and the cost associated coming from the water and sewer fund utilities for the proposed conduit. RESOLUTION NO. 2005-123 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ACCESS COMMUNICATIONS, INC. FOR TWO ADDITIONAL CONDUITS ON SAME PATH AS IMPROVEMENT PROJECT NO. 2005 -12 AND EXTENDING THE CITY FIBER DUCT SYSTEM FROM THE POLICE BUILDING TO THE WATER TOWER (69TH/DUPONT AVENUE) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember O'Connor voted against the same. Motion passed. log. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2005 -124 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor voted against the same. Motion passed. 08/22/05 -12- I I 11h. (FORMERLY CONSENT ITEM 7C) RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Councilmember O'Connor asked if this would be the short stretch of Twin Lake Boulevard. Mr. McCauley responded that it is the short stretch that has been carried over while the City has been working to solve the potential environmental issues. She inquired if the job had been started and if the project would be done this year. Mr. McCauley responded the project has not been started and that if the PCA approves the dewatering plan within the next 30 days, then this contract will cause it to be completed this year. RESOLUTION NO. 2005-125 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10i. (FORMERLY CONSENT ITEM 7D) RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2006 -01, 02, 03, AND 04, CONTRACT 2006 -A, CENTERBROOK NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Councilmember O'Connor asked if this p J ro'ect could be done without curbs so water can settle into the ground. She believes this would be cheaper and would allow the water to drain into the ground instead of running along the curb into the drain and into Shingle Creek. Mr. Blomstrom discussed that the main benefit to curb and gutters is that it extends the lifespan of the pavement. Councilmember O'Connor inquired if the curbs are good for pollution. Mr. Blomstrom discussed that he has heard arguments on both sides of the issue. The one thing that he would like to add is that with this project, just as other projects, the City would be looking at incorporating some Best Management Practices to treat and provide water quality protection. RESOLUTION NO. 2005 -126 Councilmember Carmody introduced the following resolution and moved its adoption: 08/22/05 -13- RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2006 -01, 02, 03, AND 04, CONTRACT 2006 -A, CENTERBROOK NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor voted against the same. Motion passed. 10j. (FORMERLY CONSENT ITEM 7E) RESOLUTION APPROVING CHANGE ORDER NOS. 1 AND 2, IMPROVEMENT PROJECT NO. 2004-14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET AND UTILITY IMPROVEMENTS Councilmember O'Connor asked for clarification regarding what the change orders are doing. Mr. Blomstrom discussed Change Order No. 2 items listed in the materials provided and informed that these are items not included in the first bids. Mr. McCauley discussed the bidding process according to specifications. She inquired if the money would come out of the contingency fund. Mr. Blomstrom responded that would be correct and if both change orders were added it comes out to 1.3 percent. Typically the City is reserving ten percent and has been averaging around two percent. RESOLUTION NO. 2005-127 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NOS. 1 AND 2, IMPROVEMENT PROJECT NO. 2004 -14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 9:15 p.m. Motion passed unanimously. City Clerk Mayor l/ 08/22/05 -14- i