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HomeMy WebLinkAbout1995 06-26 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 JUNE 26, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:05 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were Acting City Manager Nancy Gohman, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Director of Community Development Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, City Engineer Scott Brink, and Council Secretary Barbara Collman. Councilmember Barb Kalligher was excused from tonight's meeting. OPENING CEREMONIES Dean Nyquist offered the invocation. COUNCIL REPORTS Mayor Kra reported she had attended an awards ceremony of the Minnesota Association of Government Communications. The City of Brooklyn Center was presented with an award of merit for its City Packet. Mayor Kragness congratulated Staff for award and commented on the excellent work by Staff in producing the packet. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness inquired if any Councilmember requested any items be removed from the consent agenda. No requests were made. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the June 26, 1995, agenda and consent agenda as printed. The motion passed unanimously. 6/26/95 - 1 - APPROVAL OF MINUTES MAY 22, 1995 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of the May 22, 1995, regular session as printed. The motion passed unanimously. JUNE 5. 1995 - SPECIAL WORK SESSION There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of the June 5, 1995, special work session as printed. The motion passed unanimously. JUNE 11 1995 - SPECIAL WORK SESSION There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of the June 12, 1995, special work session as printed. The motion passed unanimously. JUNE 12, 1995 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of the June 12, 1995, regular session as printed. The motion passed unanimously. FIRE DEPARTMENT RELIEF ASSOCIATION FINANCIAL REPORT There was a motion by Councilmember Mann and seconded by Councilmember Carmody to accept the Brooklyn Center Fire Department Relief Association Financial Report for the Year Ended December 31, 1994. The motion passed unanimously. APPOINTMENTTO NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION There was a motion by Councilmember Mann and seconded by Councilmember Carmody to appoint Assistant City Manager Nancy Gohman as Commissioner to Northwest Suburbs Cable Communications Commission. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 95 -145 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT NO. 1995 -G, PARK AND RIDE, POND, PARK, AND REALIGNMENT OF 65TH AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. I 6/26/95 -2- RESOLUTION NO. 95 -146 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1994 -01 AND 02, CONTRACT 1994 -E, STREET AND UTILITY IMPROVEMENT, JAMES, KNOX, AND 54TH AVENUES The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 95 -147 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1994 -11 AND 12, CONTRACT 1994 -F, STREET & UTILITY IMPROVEMENT, NORTHWEST AREA The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 95 -148 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 06/26/95) The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 95 -149 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS FOR BROOKLYN DRIVE SANITARY SEWER MANHOLE REPAIR, CONTRACT 1995 -G, IMPROVEMENT PROJECT NO. 1995 -11 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 95 -150 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING TRANSFER OF CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE FROM LARKEN, INC. DBA HOLIDAY INN, 6/26/95 -3 - BROOKLYN CENTER TO RICHARDSON PROPERTIES INC., OPERATING AS A HOLIDAY INN FRANCHISE The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 West River Road Chi -Chi's Restaurant 2101 Freeway Blvd. Davanni's 5937 Summit Drive Metropolitan Transit 6845 Shingle Creek Pkwy. Nickels and Dimes, Inc. 1328 Brookdale Center AMUSEMENT DEVICES - VENDOR CDL 1317 Highway 169 Mendota Valley Amusement, Inc. 9177 E. Courthouse Blvd. Ct. GARBAGE AND REFUSE COLLECTION K & S Sanitation 24 Crossway Drive Randy's Sanitation P.O. Box 169, Delano Super Cycle, Inc. 775 Rice Street Walter's Recycling & Refuse Service P.O. Box 49128 Waste Management - Blaine 10050 Naples Street N.E. Woodlake Sanitation Service 9813 Flying Cloud Drive MECHANICAL SYSTEMS Dean's Heating & Air Conditioning Inc. 2597 309th Ave. N.W. RENTAL DWELLINGS Initial: Allan D. Olson 7112 Riverdale Road N. Renewal: Lyndon and Carole Carlson 5819 Halifax Ave. N. Craig and Barbara Benell 1807 70th Ave. N. The motion passed unanimously. 6/26/95 -4- OPEN FORUM Mayor Kragness noted the Council had received two requests to use the open forum session this evening. Peg Snesrud, of the Brooklyn Park Crime Prevention Association, extended an invitation to the City of Brooklyn Center to attend a "Light Up the Boulevard" ceremony in Brooklyn Park on Tuesday evening, August 1, 1995. The celebration is part of the National Night Out program. She described many activities which are scheduled as part of the celebration. She presented the Council with flashlights and activities agendas. It is a family activity. She also noted it is hoped the line will be extended to Brooklyn Center this year. The Acting City Manager noted Police Chief Kline is working in cooperation with Brooklyn Park. She introduced Chief Kline for comments. Chief Kline reviewed the Brooklyn Center activities for National Night Out. There is a plan to extend the line of lighting down Brooklyn Boulevard. The City's neighborhood watch groups are involved in organizing the activities. Mayor Kragness noted the Council will plan to participate in the event. John Joyce, 3800 Burquest Lane, addressed the Council regarding the tennis courts at Northport Park. He commented the park is beautiful and well -used. There are no nets on the tennis courts. He has contacted the Park and Recreation Department. He was told there are no nets on the courts because the courts are in poor repair and there is a liability issue. He noted he purchased a house next to a park and would like to be able to use the tennis courts. He stated he is not asking for new courts, just two nets on the existing courts. He mentioned the City Staff had brought up a future bond issue when asked about the courts. He said since the City is trying to improve its image it ought to take care of little things like nets. Mayor Kragness asked Mr. Joyce whether he had asked the Park and Recreation Department if nets are available. Mr. Joyce said the Department does have nets but it appears to him Staff is pushing the bond issue and is not interested in using existing facilities. Mayor Kragness told Mr. Joyce the Council would investigate the issue and contact him. COUNCIL CONSIDERATION ITEMS PLANNING COMMISSION APPLICATION NO. 94016 The Acting City Manager introduced the Planning and Zoning Specialist to give the staff report on this item. The Planning and Zoning Specialist noted Planning Commission Application No. 94016 was tabled by the Planning Commission at the December 8, 1994, meeting for the purpose of review and attorney evaluation regarding the driveway area and a possible variance. 6/26/95 -5 - The application is for a 12,500 square foot addition to the Brookdale Covenant Church. The addition would be a gymnasium and recreation area. The property is zoned R -1 and churches are Special Uses in R -1 zones. The existing parsonage would be removed, allowing for additional parking. There would be no additional parking requirement due to the addition; the parking requirement is 120 spaces and it is being met. A concern brought up earlier related to the connection between the frontage road and the public right of way at North Lilac Drive. There has been a gentleman's agreement for many years in which the City maintained the roadway section. There is a public purpose in keeping a roadway connection. There was an option of seeking roadway right -of -way and acquiring the property, which would have taken away the church's parking and, as a result, made the addition impossible. The other option was to work out an agreement whereby the church agrees to keep the connection open to through traffic and the City will share its maintenance. The option of an agreement has been chosen. The church is willing to keep the parking lot open as the amount Of traffic on it is limited anyway (approximately 12 to 14 vehicles per day). It is in the City's best interest to enter into this agreement which allows the church to build its planned addition as the church is a worthwhile part of the community. A public hearing was held on the matter in December 1994. Additional comments were heard in June 1995. The Planning Commission recommended approval of the application subject to thirteen conditions, many of which are standard conditions. Representatives of the church are present to answer questions. The Planning and Zoning Specialist noted there is no Watershed District requirement because the property is less than five acres. Councilmember Mann asked whether the site is served by storm sewer. The Planning and Zoning Specialist said it is not. Councilmember Mann asked whether it might be appropriate to add a condition that it be hooked up to storm sewer within one year of when storm sewer becomes available. The Director of Public Services stated the property drains adequately to the highway ditch. The area has not been reviewed for storm sewer consideration. Staff are not aware of any problems with the amount or quality of drainage. This question could be considered at a later stage. Mayor Kragness asked whether the service road will be affected if Highway 100 is widened. The Planning and Zoning Specialist commented most improvements would be to the south of the area so a need for more right -of -way is not anticipated. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve Planning Commission Application No. 94016 submitted by Brookdale Covenant Church subject to the following conditions: 6126/95 -6- 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 and utility 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 shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition 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 ordinance. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the city ordinances. 7. The applicant shall enter into an agreement with the city to be approved by the City Attorney, to allow a public way connection between North Lilac Drive and Brooklyn Boulevard frontage road through the church property. Said agreement shall address the manner in which this area shall be kept open and maintained and shall be filed with the title to the property prior to the issuance of building permits. 8. The special use permit is granted to the applicant for the expansion of this church facility as provided in the approved site plan. Any other expansions or alterations of this site shall require further amendment to the church's special use permit. 9. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, could be grounds for revocation. 10. The applicant shall share equally with the City in the cost of repair, maintenance, and upgrading of a drainage outlet pipe serving the north end of this property. 11. The applicant shall provide appropriate on -site sediment and erosion control devices, as approved by the City Engineer during the time this project is under construction. 12. All required curbing shall be B -612 construction. 13. The applicant shall provide no parking signs along the westerly side of the driveway connection between North Lilac Drive and the Brooklyn Boulevard frontage road. Cautionary signs may be appropriate in this location as well. 6/26/95 -7- The motion passed unanimously. MODIFICATION TO BUILDING PLAN The Acting City Manager indicated this action involves determining that a walkway connection in the Lutheran Church of the Master's building plan be considered a minor amendment. The Planning and Zoning Specialist noted the Council, in November 1994, approved the rezoning and development, in several phases, of three apartment buildings on the property. At this point, 1107 Emerson Lane has been converted into a learning center but the other two buildings continue to be used as apartments. The church wants to make a physical connection between the church and the learning center building. The church proposes to build an enclosed walkway which would be 10 to 12 feet wide. Such a walkway would provide better handicapped accessibility to the building from the church building, as the former apartment building is split level. The proposed walkway cannot be built without an amendment to the building plan approved under the Planned Unit Development. The City ordinance allows for two types of amendments -- major and minor. The City Council can determine it is a minor amendment if the change has been reviewed by the Planning Commission. The Planning Commission has reviewed this walkway proposal and has agreed that it is a minor amendment. The Planning Commission has recommended the City Council approve the minor amendment and believes no formal hearing is necessary. If the City Council concurs and declares the addition of the walkway is a minor amendment, the only step necessary by the church is to obtain building permits. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to determine that the Lutheran Church of the Master's proposed modification to the first phase of their Planned United Development is a minor amendment. The motion passed unanimously. FINANCIAL REPORT The Acting City Manager called upon the Finance Director to present the City's Financial Report. The Finance Director noted the City Charter requires an audit once per year. A Certificate of Achievement for Excellence in Financial Reporting was received for the 1993 report, as well as the report for each year from 1983 to 1993. The 1.994 report will also be submitted for consideration for the certificate. He thanked Assistant Finance Director Tim Johnson, who was responsible for writing the report. The Finance Director introduced Cliff Hoffman, Partner for Deloitte & Touche, the City's auditors. Mr. Hoffman explained Deloitte & Touche had submitted a lengthy auditor's report to the City. He distributed a shorter summary version of the report and reviewed it with the Council. 6/26/9 - 8 - The City of Brooklyn Center had an excess of revenue over expenditures and has added to the fund balance. The City has done a "fantastic" job with its enterprise funds and with charging user fees for services. The City should be concerned with the future of state and federal funding. The outlook is bleak at both levels due to debt load. Mr. Hoffman pointed out areas in which the City is functioning well and also made suggestions on how to read the figures in the report for greater understanding. He specifically noted the City has the resources to repair the infrastructure. Charging today's users for today's services is a good practice. The City's bond ratings are very good. Mr. Hoffman reviewed the City's competitive advantages and challenges as outlined on page 23 of the short report. He indicated pages 24 and 25 of the report list generic remedies which the City of Brooklyn Center is already considering. He again stated the good news for the City is that there is a strong financial base and the bad news is that state and federal funding is becoming less and less. Mr. Hoffman pointed out two new items from the comprehensive report. As a result of the Orange County, California, situation, the auditor recommends, on page 10, holding investments to maturity. Brooklyn Center has not had a practice of continual buying and selling, which is a selling point for the City with investors. He indicated, regarding the comparison of cost to market, that it is acceptable as the City will recover the full value. Regarding the auditor's management letter, which offers observations and recommendations, Mr. Hoffman said the biggest change in the advice is on page 2 of the letter. The Securities Commission is getting actively involved and the information will need to be available in six months. If the City believes it is over -rated on its bond rating, it should get the information to the underwriters and should do a mid -year review. He noted he is not aware of any concerns with the City's SEC compliance but the standard is much higher than it has been in the past. Mr. Hoffman explained that, according to the Finance Director's response to the management letter, any concerns presented by the auditor will be addressed by the City. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the comprehensive annual financial report for the year ended December 31, 1994. The motion passed unanimously. RECOGNITION RESOLUTION NO. 95 -151 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF THE ACHIEVEMENT OF THE BROOKLYN CENTER HIGH SCHOOL BASEBALL TEAM 6/26/95 -9- The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. DISCUSSION OF CITIZEN REQUEST This item involved a request by a resident, Greg Lutgen, 7216 Brooklyn Boulevard, to discuss road modification to Wingard Lane. The Acting City Manager reminded the Council that at its March 20, 1995, work session it considered acquisition of the property at 7216 Brooklyn Boulevard and the consensus was to drop consideration. Greg Lutgen, 7216 Brooklyn Boulevard, addressed the Council. Mr. Lutgen stated he would like to see his idea for a cul -de -sac on Wingard Lane instead of the existing hammerhead acted upon. The concept is not his design but comes out of conversations with City Staff. The time to act on the idea is now, so that the Woodbine Neighborhood project in progress would not have to be redone, which would be costly. Mr. Lutgen noted there are thirteen children living on Wingard Lane, which is a safety concern. Noise pollution affects the whole neighborhood, but his house may be the buffer. There is noise on Brooklyn Boulevard from 5:45 a.m. to 1 a.m. The noise comes from semi traffic and cars' sound systems. The noise is increasing. Property values would go up if there were more landscaping, etc. If a cul -de -sac were constructed, it would be easier for City maintenance equipment. There is also a problem with emergency vehicles. If an emergency vehicle were to get on the hammerhead by mistake, there is no turnaround so it could get out easily. Mr. Lutgen presented the Council with notebooks which outline his proposal for a turnaround cul -de -sac on Wingard Lane. He noted that, in the winter, two of the driveways become the hammerhead because snow is plowed there. There is debris inside of the square of the hammerhead which must be hand - swept. His proposal would allow full use of street equipment and would include a sound barrier and fencing for child protection, like the 69th Avenue project. He noted he has lived at his property for over ten years and has studied the problem issues for three and one -half years. His presentation included computer- generated photo simulations of the proposed improvement. He related the modification to the Brooklyn Boulevard improvement plan. Councilmember Carmody noted a letter in the presentation notebook referred to the road as a two -lane road. Mr. Lutgen said the statement in the letter is incorrect and reflects the writer's perception that a once rural road had become freeway. Mayor Kragness asked Mr. Lutgen whether Staff had commented on how difficult this change would be to make. Mr. Lutgen stated Dave Anderson had said the cul -de -sac had been mentioned previously. 6/26/95 - 10- Councilmember Carmody mentioned when the City Council considered the acquisition of the property the Council and Staff had concurred that it would like to purchase the property but the funding was not available. That situation has not changed. The City would like to buy the property eventually, but is working its way along Brooklyn Boulevard and hasn't reached that portion yet. Mr. Lutgen noted he is not proposing a purchase but is proposing modifying the road to add a cul -de -sac on the north end. Councilmember Carmody noted the City would still have to purchase the house. The Acting City Manager commented that perhaps the Director of Public Services could give cost estimates. Mayor Kragness asked the Director of Public Services to comment on the issue. The Director of Public Services said the problems as stated by Mr. Lutgen are true. Overall, the City would like to improve the roadway. She said she had asked the City Engineer to sketch out a cul -de -sac which would meet City zoning requirements. She presented an overhead drawing of the optional cul -de -sac drawing. She noted the plan would need a diameter of 100 feet, which would require acquisition of two homes and the acquisition of right -of -way from two other properties. The plan could be performed in phases but that would not be the preferred method and wouldn't help the situation much at the first stages. There would be some improvement, but not enough to merit the expenditure to build one -half of a cul -de -sac. The Director of Public Services stated the sound pollution, air pollution, and heavy use of Brooklyn Boulevard are definitely problems in the area. The County project will not extend far enough north to help this area. The City's ISTEA grant for Brooklyn Boulevard enhancements might be used to pay for some part of the improvement except this grant could not be used off of Brooklyn Boulevard. It would be a good long -term improvement but would cost $150,000 to $200,000, the bulk of which would be acquisition of properties. She stated Staff could study methods of phasing modifications in order to achieve the long -term goal. However, it is not cost- effective as far as the existing street improvement project is concerned, which is why it was looked at as part of the project but rejected. Therefore, it is unknown where the funding would come from. Mayor Kragness asked what effect the current project will have. The Director of Public Services noted curb and gutter will be done as part of the current project. Mr. Lutgen commented the costs are not that great and the modification would not be a big deal. He noted the City made a one -half bubble cul -de -sac at 71st and Perry Avenue and there are not even residents there to support the effort. He noted two other areas where work was done when no residents even required the help. He stated there is a larger risk due to the safety concerns with thirteen children living there. He invited the Council to view a 15- minute videotape he made documenting traffic problems near his home, including car crashes and car chases. 6/26/95 Mr. Lutgen also addressed the issue of extending the gateway theme to the area. He proposed the name be changed to "Imageway." He showed a design for an aesthetically pleasing neighborhood entrance. Mayor Kragness stated the matter would be referred to the Engineering Department. She asked the Director of Public Services to look into the issue further since Mr. Lutgen had done so much work and the City needs to respond to him. The Director of Public Services stated she could report back to the Council in four weeks. Councilmember Hilstrom asked how such a delay would affect the street improvement project in progress. The Director of Public Services explained the construction is being done from the northeast direction to the southwest direction, so the neighborhood concerned with this issue would be later in the program. The decision can be put off for four weeks; however, at that time it will be time to begin work in the area. Mr. Lutgen noted Dave Anderson had said the area would be in line for work in two to three weeks. The Acting City Manager stated Staff will monitor the timeline. ADMINISTRATIVE APPEAL UNDER SECTION 12.1202 OF HOUSING MAINTENANCE COMPLIANCE ORDERS The Acting City Manager explained Mr. Selwin Ortega has requested an appearance to address compliance orders issued on his property at 610 - 53rd Avenue North. She noted there would be two presentations followed by discussion. The Director of Community Development noted this item concerns Mr. Ortega's maintenance of a building and the appeal is at Mr. Ortega's request. He explained that on May 26, 1995, the City inspector issued 137 compliance orders to Mr. Ortega. Following this appeal, the Council may confirm or deny the compliance orders. The Director of Community Development stated the action by the inspector is a result of Mr. Ortega's longstanding refusal to properly maintain the property. Mr. Ortega's race and ethnic background are irrelevant to the charge. The City only wants a good neighbor. Mr. Ortega has suggested Inspector Janine Atchison's action was racially motivated. Inspector Atchison inspected the property at the direction of the Director of Community Development. The Director of Community Development stated there has been an ongoing maintenance problem at the property and the City has received numerous complaints from residents. Some issues were addressed in the past without compliance by Mr. Ortega. Last year, Mr. Ortega pled guilty in court to 17 counts of code violations according to Chapter 12. He was directed to correct the items but 7 of them remain uncorrected. The Director of Community Development noted the situation is frustrating to his Department. This spring, as a result of receiving four complaints, the Director of Community Development completely reviewed the history of the 6/26/95 - 12- problem with the property and then ordered a complete inspection. Over the past year, the City has done total inspections on nine properties and complexes, not just Mr. Ortega's, Inspector Atchison showed slides of the conditions at the property. She detailed the code violations, pointing out uncovered garbage, the roof in poor repair, peeling paint, debris both outside and inside the building, garbage in common hallways, and an exposed light switch, to name a few. She noted Mr. Ortega did provide a dumpster but it was not located properly and was not screened. There was a non - operating vehicle parked on the property. The Director of Community Development noted the City has been aggressive with code enforcement relating to other problem complexes in the City. The Brooklyn Center City Council recessed at 8:55 p.m. Mayor Kragness reconvened the meeting of the Brooklyn Center City Council at 9:07 p.m. The Director of Community Development stated there are many rental units in Brooklyn Center and they are owned by many individuals. The owners have established an organization and that organization supports the City's aggressive efforts to obtain code enforcement. Mr. Ortega alleges the City does not enforce the code on other properties, which is untrue. Inspector Atchison showed slides of the rental building adjacent to Mr. Ortega's property. Mr. Ortega has compared the two buildings as being alike without the other being cited for code violations. In fact, the other building has been cited on occasion but has complied with the orders. Inspector Atchison went to the adjacent property unannounced and was permitted to take pictures. The slides show that the ga rba g e is screened from the street and the dumpsters have lids. The grass is cut and there have been efforts made at landscaping. The structure is in good condition and is well - maintained. The Director of Community Development stated he takes Mr. Ortega's charges of racial impropriety very seriously. He would not tolerate such activity in his department and it is not the case. The City only wants compliance to codes. He noted Mr. Ortega will not have a problem with the City when his property has been cleaned up and is maintained. The Director of Community Development noted he had met with Mr. Ortega. Mr. Ortega suggested a neutral party, such as the Minneapolis Housing Inspections Department, might determine whether the compliance orders are necessary. The Director of Community Development said he would have no problem with a neutral inspection. Therefore, he asked the Minneapolis Housing Inspections Department whether they would be willing to inspect the property. The Minneapolis Housing Inspections Department stated it would be willing to inspect the property if it first obtained a waiver stating it would not be sued. The Director of Community Development again stated the City just wants Chapter 12 compliance from Mr. Ortega. 6/26/95 - 13 - The Director of Community Development noted Mr. Ortega also has referred to the Police Department in his allegations. Chief Kline is present at this meeting to address the issue. Of the 137 compliance orders, many are health- and safety- related. Chief Boman is also present to discuss fire issues. Mayor Kragness called on Mr. Ortega to make his appeal. Selwin Ortega stated he is a business person in South Minneapolis. He bought the property at 610 - 53rd Avenue North in Brooklyn Center five years ago with the intention of making it his dream home. He stated the first time he came to City Hall a City official told him to go buy a house somewhere else. He said he has a letter which indicates the City said it would do all it could to keep the property from being re -zoned so Mr. Ortega could not move to Brooklyn Center. Therefore, he was forced to buy a house in Minneapolis and not move to Brooklyn Center. Mr. Ortega stated he agreed there is a problem with garbage on the property. The reason there is so much garbage is other people, not residents, drop their garbage there. He said he has called police to report it but the police do not come. He said that for many years the adjacent property did not even have garbage dumpsters but used the ones on his property. He contacted the police about that, but they would not help. Regarding the blue, inoperative van parked in the driveway, Mr. Ortega said he contacted the police four times about it. The police wouldn't help. Finally, he moved the van onto the street. He said towing companies would not come and tow the van unless it had been ticketed by the police. Mr. Ortega said he wants to comply with the law but it is difficult when he gets no help from the City or from the police. He said the City Inspector has said should would do all she can to move him out of the property. She has told him that twice. He believes he should be able to live anywhere he wants. Mr. Ortega said the City Inspector did not happen to see some other violations in the area, like an abandoned car that is right behind the house. Mr. Ortega said he told the inspector that other properties do not have screened dumpsters. In fact, only five percent have the dumpsters screened. He took 87 pictures of other dumpsters and will submit the pictures. There are two dumpsters right across the street from his property which do not have screening, but the inspector doesn't see those. Mr. Ortega said he doesn't understand the situation. He is not able to move here and was told he was not wanted here. Councilmember Carmody asked Mr. Ortega whether his attorney is present. Mr. Ortega said his attorney was not able to come to the meeting. 6/26/95 - 14- Councilmember Carmody asked Mr. Ortega whether he received a copy of his attorney's letter to the City. Mr. Ortega said he does not have a copy of the letter but he knows about the letter. Councilmember Carmody referred to a portion of Mr. Ortega's attorney's letter which stated there had been harassment by Inspector Atchison for five years. She asked Mr. Ortega if he would agree with the statement. Mr. Ortega said that statement is incorrect as he has only known Inspector Atchison for one year. Councilmember Carmody agreed, as Inspector Atchison has only been in the position for one year. Councilmember Carmody asked Mr. Ortega whether he had received a letter from the City explaining what to do about the abandoned van on the property. She asked whether the van belonged to a tenant. Mr. Ortega said it was not a tenant's van. He said he talked to Mr. McComb and he was supposed to call Mr. Ortega but he didn't. Councilmember Carmody indicated all Mr. Ortega would have had to do was tell the tenants and then the van could be towed. Chief Kline explained the process for getting an abandoned vehicle towed. He stated Mr. Ortega would have had to pay for the tow bill. Mr. Ortega said Inspector Atchison had told him he would be cited if he didn't move the van. He tried to contact the owner of the van but had no way to contact the owner. Chief Kline said he only needed to send a registered letter to the owner at the last known address. Mr. Ortega stated four families live at the property. They are members of his family. Some of his family has moved because they do not like the vandalism that goes on. Mr. Ortega said he knows things need to be done with the property, but if he were to tell someone they had to do 137 things in nine days, including a new roof, with no time extensions, they would realize it can't be done. Councilmember Carmody oted the complaints and citations regarding the property Y P 5 g P P Y Qo back as b far as 1991, so Mr. Ortega has not just found out about the problem. The excuse of not enough time is inadequate. Mr. Ortega said the garbage shown in the pictures is not his garbage. He has proof of who put their garbage on his property but the police and the inspector won't address the problem. The damage to the mailboxes which was shown in the slides is a result of vandalism by people who broke in. He said he calls the police and the police know who broke in but nothing is done. Mayor Kragness asked Mr. Ortega whether he has insurance coverage. Mr. Ortega said he does have insurance but if he reported each incident the insurance would cost too much so he just handles thin himself. Mayor Kragness explained when repairs are needed they should be done as they come up so that they don't build up. 6/26/95 - 15 - Mr. Ortega described harassing phone calls he has received. Mayor Kragness told Mr. Ortega the code citations are not related to his race. The City has a code so that people will take care of their homes. She said Mr. Ortega's neighbors have complained and she even gets calls about the repair of the property. She said the City is just asking Mr. Ortega to maintain his property like everyone else does. Mr. Ortega asked why there is a code when only five percent of people follow it. Councilmember Carmody asked Mr. Ortega where he gets the five percent figure. Mr. Ortega said he took 190 pictures of dumpsters all over the city and only five percent of them have screened garbage dumpsters. Councilmember Carmody said she disagreed with his perception. Mr. Ortega displayed a picture of a dumpster at City Hall which was taken two days ago, as well as a picture of another dumpster which is two blocks from City Hall. Councilmember Carmody told Mr. Ortega the City has decided to crack down on apartment building code violations. There has been publicity on the subject, so owners should have known it was coming. It is erroneous to say his citations are due to his race. The residents of Brooklyn Center who rent units deserve better conditions. The damage inside the building cannot be related to vandalism. The City Attorney asked Mr. Ortega whether he understands the purpose of the appeal. The purpose is to challenge the mistaken interpretation of the ordinance. He said this is Mr. Ortega's opportunity to show evidence that the City Inspector has been erroneous in issuing citations to him. He asked Mr. Ortega whether he has evidence to show a mistaken interpretation of the ordinance. Mr. Ortega said he tried to get the abandoned van taken care of but it wasn't his van. There was further discussion regarding the abandoned vehicle. The City Attorney told Mr. Ortega he had not said anything yet to support there was a mistaken interpretation and that any of the 137 items are actually legal. He said now is Mr. Ortega's chance to make his case. Mr. Ortega said people dump their garbage on his property. He tries to stop them and he asks for help from the City but doesn't get any help. Councilmember Carmody stated she does not see any evidence of misinterpretation of the ordinance and there is no need to involve the Minneapolis Housing Inspections Department. There was a motion by Councilmember Carmody. and seconded by Councilmember Mann to uphold the compliance orders issued by the City of Brooklyn Center regarding the property at 610 - 53rd Avenue North. 6/26/9 - 16- Mayor Kragness told Mr. Ortega that it doesn't seem as though he has tried to correct the problems. Inspector Atchison has done her job and Mr. Ortega cannot prove that any of the citations are incorrect. The Council has no choice but to ask Mr. Ortega to comply to the citations. The motion passed unanimously. Councilmember Carmody suggested Mr. Ortega might get some help by attending the Apartment Managers' Association meetings. Mayor Kragness agreed and noted Staff could send Mr. Ortega information on the association. IMPROVEMENT PROJECT NO. 1995 -11 The Acting City Manager stated a resolution is presented regarding accepting bid and awarding contract for Improvement Project No. 1995 -11, Contract 1995 -E, Corrugated Metal Pipe Sanitary Sewer Trunk Relining. Staff recommends the Council award the contract to the next to the lowest bid. Involved parties have been told they can address the Council. The Director of Public Services explained this project is of a unique nature because the trunk line runs through the side yards of several properties and is very deep. Therefore, the construction is different than usual. An RFP was issued for relining and three bids were received. The lowest bid was rejected for two reasons. The first reason was that the company had never successfully performed a project of the nature of this one although the subcontractor has. The bid specifications state the "proposer" must have been successful in such a project. The second reason was that the product to be used in the bid does not meet the material requirements. The technical specifications are involved and they are difficult to understand. She also noted the project is very large in scope and will be one of the biggest such projects in the state. She noted the City Engineer would provide more details. The bid Staff is recommending is $44,000 greater than the lowest bid. However, it is in the City's best interest to use a company which has had success in the area and will use the correct materials. The City Engineer reviewed the proposed project and referred to his report which is part of the Council packet. He noted very few contractors do work of this nature as it is so unique. He explained again why Staff does not recommend awarding the contract to the low bidder. He mentioned there is no margin for error on this project. The City Engineer said he has met with Lametti and Sons, Inc. and there is confusion whether Lametti and Sons would supervise the project or if the subcontractor would supervise the project. He stated he had contacted references for Lametti and Sons, Inc. He reviewed the information gleaned from those contacts. The City Engineer noted a correction to Part C of his report. Part C should refer to a 50 -year guarantee of the "design" rather than of the "project." The City Engineer discussed what he had learned from a third -party source, the Army Corps of Engineers, regarding the product to be used on the project. 6/26/95 - 17- The City Engineer stated the company Staff is recommending for the project, Insituform Central, Inc., performed a similar project in Fridley. He has contacted references for Insituform Central, Inc. and there are good reference statements. The City Engineer stated it is inappropriate to award the contract to an inexperienced contractor since there is a large financial involvement and risk to residents. Councilmember Mann stated Council has received a memo from Lametti and Sons, Inc. and there appear to be conflicting statements from the City Attorney's statements. She said she doesn't understand the issue fully and is uncomfortable with voting. There was a motion by Councilmember Mann to table the item to a Council Work Session for further discussion. The City Attorney agreed. He said Staff needs more time to evaluate the claims of Lametti and Sons, Inc. and to look at outside sources. He noted the City is in a position to be sued either way right now so it is important to proceed with caution and investigate the facts. There is no need for the Council to act quickly according to the bid timelines. The City Attorney suggested the Council hear discussion from Lametti and Sons, Inc. It is appropriate to hear from them as Council is attempting to acquire the facts of the matter. Mayor Kragness noted Council has a request to speak from Dean B. Thomson. The City Attorney stated that would be a representative for Lametti and Sons, Inc. Dean B. Thomson, of Fabyanske, Svoboda, Westra, Davis & Hart, P.A., spoke on behalf of Lametti and Sons, Inc. He stated the bid by Lametti and Sons, Inc. was $44,000 lower than the next bid and he believes it may be against the state competitive bidding law to award the contract to the higher bidder. He noted a Summons and Restraining Order has been requested on behalf of Lametti and Sons, Inc. He reviewed the law and legal definitions. He stated awarding the contract to the other bidder would reflect favoritism. Laws require open competition. He noted performance -based specifications cannot be so specific as to limit the award to one product, eliminating all others. Mr. Thomson discussed the issue of subcontracting. He said CTC will perform the work and it is qualified to do so. He discussed the relevant law, the specific arguments, and the merits of the case. Mr. Thomson mentioned Lametti and Sons, Inc. is providing a bond. The company has offered to fly the City Engineer to New York City to meet with CTC at its offices or to bring representatives of CTC to Brooklyn Center. Regarding the American Standard Testing and Materials (AST -) standard, the reference doesn't warrant rejection. 6/26/95 - 18 - Mr. Thomson summed up the position of Lametti and Sons, Inc. The company's bid is lower by five to six percent. State law requires the contract be awarded to Lametti and Sons, Inc. The company would be happy to demonstrate how it meets the specifications. The Acting City Manager noted Staff is in agreement to study the matter further and report back to the Council at a later date. Councilmember Carmody seconded the motion to table the matter for two weeks. The motion passed unanimously. Representatives for Insituform Central, Inc. were given the opportunity to address the Council. Brad Mirkovich offered to speak at this time or wait until another time. Councilmember Carmody expressed unhappiness with the presentation from Mr. Thomson. She said his comments were derogatory to Staff and suggested collusion. She stated Insituform Central, Inc. should have a public forum as well. The City Attorney stated the City Council should not be concerned about the injunction and the threats of a lawsuit, as a lawsuit is imminent regardless of the decision made at this point. He stated he would defend the Council's decision vigorously. He noted the other side will need proof of its allegations and that he disagrees with some of the legal conclusions presented. However, he stated it would be unproductive to pursue the matter further at this time. Brad Mirkovich spoke on behalf of Insituform Central, Inc. He presented the credentials of the corporation, which has installed over 25 miles of pipe in Minnesota. Mr. Mirkovich referred to the ASTM and gave some technical information regarding materials used in such projects. The Acting City Manager noted Council and Staff are in agreement to study the issue further. Mr. Mirkovich stated he would finish his statement promptly. He cited the Fridley project performed by Insituform Central, Inc., as well as other similar projects. He noted Insituform Central, Inc. will be happy to entertain questions at the meeting in two weeks. He stated Insituform Central, Inc. is the largest installer of this type of pipe in the world. WOODBINE NEIGHBORHOOD IMPROVEMENT PROJECT The Acting City Manager called on the Director of Public Services to present the Staff report. The Director of Public Services reviewed five options identified by Staff to address a modification to the intersection of 71st and Kyle Avenues North. She reviewed the options, which are (1) the construction of a traffic "kidney bean" and the replacement of the stub of Kyle Avenue with a private drive; (2) to replace the roadway in its current configuration; (3) to construct a version of the "kidney bean" with Kyle Avenue reconstructed as a street rather than 6/26/95 - 19 - as a driveway; (4a) to remove the "V" but replace Kyle Avenue with a driveway; and (4b) to remove the "V" but reconstruct Kyle Avenue as a public street. She noted the five options were presented to the residents of the neighborhood, one of whom submitted yet another option. The Director of Public Services discussed the costs of the options. She said the most inexpensive option would be to replace the street as it is. There is not a large cost difference between the highest costing and the lowest costing options. Questionnaires were sent out to the residents but there was no firm majority indicated for any particular option. The Director of Public Services reviewed the complaints which have been received over the years in connection with the street. Only one formal complaint was recorded, but a report referred to other informal complaints. She stated several designs have been presented and her department will build whichever design the Council prefers. Councilmember Carmody suggested options 1 and 3 be eliminated immediately and discussion focus on the other options. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to use the design specified in Option 4B (remove the W" but reconstruct Kyle Avenue as a public street) at the intersection of 71st and Kyle Avenues North. The motion passed unanimously. SELECTION OF INTERIM CITY MANAGER The Acting City Manager noted Cam Andre, the choice for Interim City Manager, is present at this meeting and will begin work tomorrow morning if approved. Mayor Kragness asked Mr. Andre to step forward. She stated the Council has met with Mr. Andre and decided on him as its choice to "hold the reins" during the interim period. Mr. Andre noted he would like to meet individually with each Councilmember for one to one and one -half hours. Mayor Kragness agreed. r Mr. Andre asked the Council to contact him regarding their preferences of meeting times. Councilmember Mann asked the City Attorney whether the agreement with Mr. Andre will be dated June 27. The Acting City Manager said the agreement will be dated 8 a.m. on June 27. The City Attorney noted the date of commencement of work is what is important and that would be June 27. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve Cam Andre as Interim City Manager for the City of Brooklyn Center. The motion passed unanimously. DISCUSSION OF RECRUITMENT PROCESS FOR CITY MANAGER 6/26/95 -20- Councilmember Hilstrom stated she would like to hear input from the Interim City Manager since he has experience in the recruitment process. She said she would like to hear how he could help in the process. Councilmember Mann stated she prefers Option No. 3 of the proposals for recruitment in the Council packet. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to enact Option No. 3 regarding the recruitment process for city manager. The motion passed unanimously. Mayor Kragness read aloud Option No. 3, which states: "...schedule a work session to discuss and brainstorm Council's ideas in the recruitment process and selection of a city manager. This would give us additional time to talk about the two options above, and also to discuss in more detail the proposals from the consultants which were distributed on June 12, 1995. This would also give the interim city manager some time to catch up with, and also understand, your concerns in regard to a selection process for city manager. " ADJOURNMENT There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:43 p.m. Deputy City Clerk Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial 6/26/95 -21 -