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HomeMy WebLinkAbout1995 08-14 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 14, 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 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also present were Interim City Manager Cam Andre, Director of Public Services Diane Spector, City Attorney Charlie LeFevere, Director of Community Development Brad Hoffman, City Engineer Scott Brink, Communications Coordinator Terri Swanson, and Council Secretary Connie Beckman. Councilmember Barb Kalligher was absent. OPENING CEREMONIES Dean Nyquist offered the invocation. COUNCIL REPORTS Councilmember Mann reported that the 1995 Metro Paint -A -Thou held on August 5 was great. She noted there were many participants including volunteers from the Earle Brown Neighborhood Housing Advisory Committee, Housing Commission, City Council, and employees. PRESENTATION - HENNEPIN COUNTY LIBRARY BOARD Milton Goldstein, past president of the Hennepin County Library Board, introduced Charles Brown, the new director of the Hennepin County Library system, who talked about the library system and its reputation. Mr. Brown introduced Patricia Chisenhall, principal librarian of the Brookdale Library, who distributed information to Councilmembers about library activities. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the August 14, 1995, agendas with the removal of Items 6(f), (g), and (h) from the consent agenda. The motion passed unanimously. 8/14/95 - 1 - APPROVAL OF MINUTES JULY 10 1995 - REGULAR SESSION A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the July 10, 1995, regular session as printed passed unanimously. JULY 17 1995 - SPECIAL WORK SESSION, 612.m. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the July 17, 1995, special work session as printed passed unanimously. JULY 17 1995 - SPECIAL WORK SESSION, 7 p.m. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the July 17, 1995, special work session as printed passed unanimously. JULY 24 1995 - REGULAR SESSION A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the July 24, 1995, regular session as printed passed unanimously. RESOLUTIONS RESOLUTION NO. 95 -174 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 95 -175 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE MEMBERS, HOUSING COMMISSION MEMBERS, BROOKLYN CENTER CITY COUNCIL MEMBERS AND CITY OF BROOKLYN CENTER EMPLOYEES FOR THEIR WORD ON THE 1995 METRO PAINT- A -THON The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 95 -176 Member Debra Hilstrom introduced the following resolution and moved its adoption: 8/14/95 -2 - RESOLUTION ESTABLISHING PROJECT, ACCEPTING QUOTE, AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1995 -16, CONTRACT 1995 -H, BRYANT AVENUE SANITARY SEWER EXTENSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and passed unanimously. RESOLUTION NO. 95 -177 Member Debra Hilstrom 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 member Kristen Mann n a d passed unanimously. RESOLUTION NO. 95 -178 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1994 -31, PLAYGROUND EQUIPMENT REPLACEMENT AT WILLOW LANE PARK, CONTRACT 1994 -1 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. LICENSES There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the following list of licenses: MECHANICAL SYSTEMS A -ABC Appliance and Heating 2638 Lyndale Ave S Anderson Heating and A/C 4347 Central Ave NE Hokanson Plumbing & Heating, Inc. 9174 Isanti St NE Nimis Newman Mech, Inc. 1400 E Hwy 36 Peterson Bros. Sheetmetal 4110 Central Ave NE #106 RENTAL DWELLINGS - INITIAL Sondra Jones 7236 Noble Ave N RENTAL DWELLINGS - RENEWAL Ralph C. Johnson 5444 Bryant Ave N Michael and Jane Danielson 4216 Lakebreeze Ave N Fred and Judie Swenson 5340 -44 Russell Ave N 8/14/95 - 3 - John and Marlys Pepera 6142 Scott Ave N David Wagtskjold 6845 Willow Lane The motion passed unanimously. OPEN FORUM Mayor Kragness noted the Council had received no requests to use the open forum session this evening. COUNCIL CONSIDERATION ITEMS RESOLUTION NO. 95 -179 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MYRNA KRAGNESS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. RESOLUTION NO. 95 -180 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JACK KELLY FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. I , APPOINTMENT OF A COUNCILMEMBER TO SERVE ON A CUSTOMER SERVICE TRAINING SUBCOMMITTEE Councilmember Hilstrom inquired when the subcommittee would meet. The Communications Coordinator said the subcommittee would meet at a time convenient to the consensus of the subcommittee. Councilmember Carmody indicated she did not see the need for hiring a trainer but instead utilize current City employees to facilitate any needed training. She feels that forming quality circles among staff would be a good way to assess what's good and bad about service at the City and would be more cost efficient. The Communications Coordinator said that the main purpose of the subcommittee is to solicit input from council and staff regarding needs in the customer service area. The subcommittee consists of four or five staff members and a council member for the purpose of planning a customer service program for the City. Customer service training was placed in the 1995 budget 8/14/95 -4- as a result of a recommendation by the communications task force. Still in planning stages, the committee is looking at an ongoing program not a one -time shot. The subcommittee will make recommendations on customer service training and will update the council at a later date. Councilmember Hilstrom reconfirmed her desire to participate on the subcommittee, and council affirmed her desire accordingly. Mayor Kragness also indicated a desire to attend the meetings, if held in the evenings. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The Interim City Manager indicated a staff desire to have the ordinance tabled. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The City Attorney explained notification regarding a public hearing pertaining to the ordinance had been done and suggested Council proceed with reconsideration and conduct a hearing for the ordinance to eliminate the need for rescheduling a public hearing. Councilmembers Mann and Hilstrom withdrew their motion to table the ordinance and respective public hearing. Mayor Kragness opened the public hearing at 7:27 p.m. and inquired if there was any public input regarding the ordinance at hand. On the advice of the City Attorney, Councilmember Carmody moved and Councilmember Hilstrom seconded that the public hearing be closed. The motion passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of g g g b P Y Certain Land passed unanimously. IMPROVEMENT PROJECT NO. 1995 -11 Staff recommended that the bids previously submitted be rejected and the project rebid with revised specifications. Councilmember Mann asked if the new specifications will be written so only one company can bid. The City Manager stated this will absolutely not occur, and the revised specifications will change the kind of materials to be used in the project. Councilmember Hilstrom asked if Lametti and Sons, Inc. has had the opportunity to review staff's report and respond. The City Engineer indicated staff sent them a copy. 8/14/95 - 5 - Vic Lametti, representing Lametti and Sons, Inc., said he received the report this morning and has not had the opportunity to properly review and prepare a response. Councilmember Hilstrom asked if the Council will have the opportunity to review the revised plans and specifications before they are sent out. The City Engineer advised he has a set of revised specifications available for the Council's review. Councilmember Hilstrom asked if Lametti and Sons, Inc. has done work in Brooklyn Center in the past. Mr. Lametti informed this is a third generation construction company with a long history of extensive work in Brooklyn Center and Brooklyn Park. He advised his father installed this sewer line in the early 1950's. Councilmember Hilstrom questioned implications involved with rejecting the bids and ordering new plans and specifications. The City Attorney conceded that in the public arena, you can get sued for anything you do, but in this case staff became aware some of the specifications were not adequate and determined how they could be rewritten to better serve the City. The City Attorney noted the City is already involved in litigation with this project and perhaps this action will result in litigation as well, but he felt comfortable with the City's position should that happen. Councilmember Hilstrom asked if the Council will receive copies of the new plans and specifications before it goes out for new bids. The City Engineer reiterated specifications are ready and available for Council's review. RESOLUTION NO. 95 -181 v its adoption: following resolution and moved Member Kristen Mann introduced the � P RESOLUTION REJECTING BIDS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO 1995 -11, CONTRACT 1995 -E, CORRUGATED METAL PIPE SANITARY SEWER TRUNK RELINING The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. STAFF REPORT RE: PROPOSED 1996 STREET PROJECTS The Director of Public Services explained at the July 31, 1995 work session, Council reviewed proposed 1996 street and utility projects and the purpose of tonight's discussion is to establish potential 1996 projects and begin the process of preparing feasibility studies and receiving public input. Improvement Project Nos 1996-01,02, and 03 /Orchard Lane East Area 8/14/95 -6- The Director of Public Services began her report by reviewing the boundaries and details of Project Nos. 1996 -01, 02, and 03, for street, utility and drainage improvements in the Orchard Lane east area. It is proposed to reconstruct all streets in this area. Drainage issues are very important in this area. The proposed pond at Orchard Lane Park would provide a substantial improvement in both storm water quantity and quality. Staff suggests the ball diamond be moved to the approximate location of the ice rink and the pond area be used for the skating rink in the winter. The Director of Public Services detailed the three recommendations for action should the Council desire to further consider this area for 1996. Councilmember Carmody commented on the importance of locating the bathroom facilities so they are more accessible to those using the ballfield and playground. The Director of Public Services indicated she will look at that in more detail during the feasibility study phase. Improvement Project No. 1996 -04 /James /67th Avenues Mill and Overlay The Director of Public Services next reviewed the boundaries and details of Project No. 1996 -04 for overlay of James Avenue from Freeway Boulevard to 67th and 67th from James Avenue to Shingle Creek Parkway. She advised these streets are in poor condition according to the Pavement Management Program, can no longer benefit from sealcoating and recommended they be overlaid at an estimated cost of $145,000. The cost would be assessed to abutting owners in commercial districts at 70% of the non - utility portion with the balance funded by either regular or local state aid funds. Improvement Project No. 1996 -05 /John Martin /Earle Brown Drives Mill and Overlay The Director of Public Services then reviewed the boundaries and details of Project No. 1996 -05 for the mill and overlay of John Martin Drive and Earle Brown Drive from John Martin to Summit. She advised these streets are in poor condition according to the Pavement Management Program, can no longer benefit from sealcoating and should be overlaid at an estimated cost of $160,000. According to the City's Assessment Policy, abutting property owners in commercial districts would be assessed 70% of the non - utility portion of the project cost. The balance will be funded by either regular or local state aid funds. In reviewing the MSA system, staff believes it is appropriate to undesignate 62nd Avenue as an MSA route and to instead designate Summit, John Martin and Earle Brown Drives as MSA routes. If the Council desires to further consider this area for 1996, they should adopt a resolution establishing the project and direct staff to prepare a feasibility report and direct the City Engineer to contact the Metro State Aid Engineer requesting the redesignation of MSA routes. Councilmember Hilstrom questioned how quickly the MSA redesignation can be accomplished. The Director of Public Services explained it depends on how quickly the MSA Engineer responds to the request. Councilmember Mann reviewed the Council's discussion at the last work session regarding the need to avoid a crisis situation with regard to keeping streets well - maintained. The Director of Public Services agreed if the Council wants to minimize the long -term impact, a greater percentage of streets will need to be upgraded each year. The staff is trying to concentrate on 8/14/95 -7- areas with streets in the poorest condition and still address storm sewer needs, but the Council can accelerate the street project program. The Director of Public Services explained City engineering staff is able to process a limited mileage of street work. An accelerated programs would require hiring consulting firms. Councilmember Mann noted that the City has been on a 20 year program during which all of the streets would be reconstructed. However, in the beginning of the program, the City did not do enough mileage to follow that program so it will now take 30 to 35 years to complete all streets. The Director of Public Services said that by reconstructing five to six miles per year, we would be back on track for the 20 year program. It is also important to note that there is a tax levy increase associated with these projects. The more miles are done each year, the bigger the tax increase. Improvement Project No 1996 -06 07 and 08/57th Avenue and Logan /James /Knox The Director of Public Services reviewed Project Nos. 1996 -06, 07, and 08 for street, utility and drainage improvements to James and Knox Avenues, 55th to 57th, and Logan Avenue, 53rd to 57th Avenue which is tentatively scheduled for 1996. Because the area of Irving /Humboldt /Girard from 53rd to 57th is currently being studied as a part of the Hennepin Community Works Humboldt Parkway proposal, staff proposes no improvements on those streets for 1996. The Director of Public Services stressed the importance of improving the residential streets in the southeast area. SEH has already completed much of the storm drainage analysis for this area so it may be more cost effective to request a proposal from them to extend their contract to cover professional design services for this area as well. The estimated cost of this project is $550,000. Both 57th and Logan Avenues are State Aid routes so funding is available from regular state aid and the remainder could be financed through a combination of special assessment, public utility funds, and bond funds. She suggested a resolution expanding the 57th Avenue project and obtaining a proposal from SEH for professional services for design and construction management of area. Councilmember Hilstrom expressed concern that the 20 year program not fall further behind and inquired whether there is another project that could be constructed should it happen that this one does not proceed in 1996. The Director of Public Services advised that if 57th Avenue is tabled again, the neighborhood streets could stand alone and be constructed in 1996. Councilmember Hilstrom commented on the contention that if the City proceeds with the path previously taken, the Maintenance Department will be spending all of their time patching streets, and asked if staff is recommending the City concentrate more on reconstruction of streets. The Director of Public Services explained would reduce maintenance requirements. The Maintenance 8/14/95 - 8 - Department can turn its attention to other types of maintenance. She explained this issue will be further evaluated and more information provided to the Council to help make that decision. Councilmember Hilstrom asked if more projects could be added. The Director of Public Services said that the City of Minneapolis has asked whether Brooklyn Center is interested in "piggy- backing" with their 1996 project in the neighborhood south of the golf course. RESOLUTION NO. 95 -182 Member Kristen Mann introduced the following resolution and moved for its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1996 -01, 02, 03, STREET, UTILITY, AND DRAINAGE IMPROVEMENTS, ORCHARD LANE EAST AREA, ACCEPTING QUOTES FOR SEWER TELEVISING AND SOIL BORINGS, AND DIRECTING DEVELOPMENT OF A PRELIMINARY FEASIBILITY REPORT. The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. A motion by Councilmember Mann and seconded by Councilmember Carmody directing staff to specifically review the proposed changes to Orchard Lane Park with the Park and Recreation Commission and the neighborhood residents passed unanimously. RESOLUTION NO. 95 -183 Member Kristen Mann introduced the following resolution and moved for it's adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1996 -04, JAMES /67TH AVENUES MILL AND OVERLAY The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 95 -184 Member Kathleen Carmody introduced the following resolution and moved for it's adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1996 -05, JOHN MARTIN /EARLE BROWN DRIVES MILL AND OVERLAY The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom directing the City Engineer to contact the Metro State Aid Engineer and request undesignating 62nd Avenue as an MSA route, and designating Summit, John Martin, and Earle Brown Drives as MSA routes passed unanimously. 8/14/95 -9- RESOLUTION NO. 95 -185 Member Debra Hilstrom introduced the following resolution and moved for it's adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1996 -06, 07, AND 08, STREET, UTILITY, AND DRAINAGE IMPROVEMENTS, JAMES AND KNOX AVENUES, 55TH TO 57TH, AND LOGAN AVENUE, 53RD TO 57TH, ACCEPTING QUOTES FOR SEWER TELEVISING AND SOIL BORINGS, AND DIRECTING DEVELOPMENT OF A PRELIMINARY FEASIBILITY REPORT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom directing staff to obtain a proposal from SEH for professional services for design and construction management of the additional residential area, and to hold informational meetings with the neighborhood passed unanimously. A motion by Councilmember Mann and seconded by Councilmember Carmody directing staff to review options with the City of Minneapolis and bring those options and a recommendation to the Council for its consideration passed unanimously. RESOLUTION COMMENDING THE WINNERS OF THE 1995 CITYWIDE LANDSCAPING CONTEST Councilmember Carmody extended her appreciation to Administrative Aide Joyce Gulseth who came up with the idea of a landscape contest and coordinated it. The Director of Public Services provided a brief slide show and details of each property winning the 1995 Citywide Landscaping Contest. RESOLUTION NO. 95 -186 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION COMMENDING THE WINNERS OF THE 1995 CITYWIDE LANDSCAPING CONTEST The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. DISCUSSION OF STAFF REPORTS AND POLICY (REQUESTED BY COUNCILMEMBER MANN) (Verbatim transcript begins.) Councilmember Mann - Yes, Your Honor, the reason I had placed this on the agenda tonight was I'm concerned a number of incidences have been happening and I guess the bottom line is I truly believe it gets 8/14/95 - 10- down to communication. Just as the Council is accountable to the tax payers, we also rely very heavily on our staff and the information that they provide to us when 'we set policy and direction. And this isn't the time or the place to be placing the blame; that is not my intent tonight. What I am concerned about though is that there's been a pattern. Decisions have been made based on information provided to the Council and then the information provided to us changes. I can't believe I'm the only one concerned about this. Um, a most recent incident would involve the ah new management union and negotiation representation from the Council. Ali, it illustrates the importance of communication and where we're going with this. On June 12th, we had an initial discussion at the Council table regarding labor representative firms to address our new bargain unit. Unanimous vote said to go out for an RFP and five firms were listed. On July 24th, an update on the labor negotiations and the new management union, the Council was informed that, for no additional cost, the firm that is currently doing our labor relations would also represent the new unit. Ah, consensus of the Council at the July 24th meeting was, yeah let's look into this a little further, at least that's the way I understood it to be from the Council members that since there was not going to be an additional charge to have this group represent us, let's - -at the very least - -meet this individual and see how they would represent us with this new unit. Well, then on July 31st, the representative from Labor Relations, Karen Olson, came out, gave us a nice presentation and where she saw the City going, how she would handle this, but it was going to cost an additional seventy, approximately seventy dollars an hour in addition to what we are already paying them to do our current labor relations negotiations. And I just, I question where is this RFP at this point? Is this gonna move forward? What's happened to it? Cam? Interim City Manager Cam Andre - The idea behind that was to attempt to save the City money and not spend as much on hiring an outside negotiator. However, whatever the preference of the Council is, we will proceed on that basis. I wasn't trying to pre -empt the Council in that respect. I just brought to your attention the possibility of using Labor Relations at a lesser cost or no cost. And if you want to go ahead with an RFP for attorneys I think you ought to and I'm sorry I gave you the wrong impression. Councilmember Mann - Well, I'm not here to point the blame, Cam, and I understand we all want to save money where we possibly can, but this is a new contract. My understanding is everything is open: salary, uh benefits, everything. And I think an RFP doesn't cost anything. We already voted on it. I would like to see it move forward. Councilmember Hilstrom - Madam Mayor? ness - Mayor Kra Y g Yes Debra? Councilmember Hilstrom - 8/14/95 Well I have a concern I would like to bring up that is off the topic of labor negotiations, but it does also deal with communication. After I saw it on the agenda, I thought this was the perfect time to discuss (interrupted by Mayor Kragness) Mayor Kragness - Maybe we could finish with the one item first before we go onto the second one? Uh Cam, at this point then would you follow through on that RFP and we'll get more quotes. My understanding is that we are looking at a minimum of 120 dollars an hour if we go with a legal firm. Interim City Manager Cam Andre - Well, I'm not sure about that, but it'll probably vary according to the firm. Mayor Kragness - Yeah, I'm sure and also the amount of time involved, but as Kristen said, it isn't going to cost us anything to go for the RFP. So we will do that and we'll have something to compare. Thank you. Debra. Councilmember Hilstrom - Okay, um, there are three areas that, that I briefly have some concerns about. One was on April 10th, the Interim City Modeling, Interim City Hall Remodeling. I felt there was some information presented and if you want me to be specific I will, otherwise I'll just briefly state the three items, kinda make a brief summary and then we can talk at a work session, (interrupted by Councilmember Carmody) Councilmember Carmody - Can I ask why none of this was included in our packet? I mean when I have brought stuff forward usually put in the packet. Councilmember Hilstrom - Well, I did this in response to the item on the agenda. Councilmember Carmody - Well, maybe you would like to get your stuff together so that I can read it first? I don't really like - Mayor Kragness - I think maybe if she could bring the idea forward, we could ask for this to be tabled then until a further time with some backup information. Would that be (interrupted by Councilmember Carmody) Councilmember Carmody - 8/14/95 - 12- Well, I mean you know this was brought up under the guise of communication. Communication means both ways and it doesn't sound like we are communicating with each other, if we're trying to just bring it up here at Council without any preparation. Councilmember Hilstrom - Well ultimately, I'm willing to bring it up anywhere, I just believe that I have some concerns about communication and information where we've been told one thing. And then ultimately we take a vote and then things unravel two weeks later where you receive other information and then ultimately you have to turn around and look at the vote that you made and whether or not that was the correct vote to make given the new information. I have three incidences that I am more than willing to state, with Cam, with the Council, whatever, but I really believe that this issue needs to be addressed. Councilmember Mann - Point of order Your Honor, Kathleen, I requested this put on the agenda this evening stating discussion of staff reports and policy. After mulling it over and giving deep consideration to this, I am not here tonight to point fingers. I am trying to tie this back to that there is a communication problem and I called you this afternoon to let you know that's where I see the problems in communications, and you didn't return my call. Councilmember Carmody - You know I hate to tell you, my life does not revolve around your schedule Kristen and I was busy from that time. I didn't get the message until 4:30. Councilmember Mann - But to say that you were not given a clue is inaccurate Councilmember Carmody. Councilmember Carmody - I think there's no problem with putting a memorandum in the agenda packet that explains it. Mayor Kragness - I think at this time I'd like to see this tabled. This is not the place for this kind of discussion. And if we could table this until the next work session. And Debra if you would get the information that you have and let us tackle it at that time, and we'll be glad to get whatever answers that we can from staff and I'm sure Cam or whoever would be happy to do that. Are there any other questions that you want to bring forward? Let's do that and we'll fit this into our next work session where we can discuss it. Any other comments at this time on this one? (Verbatim transcript ends.) SPECIAL REQUEST FROM GREG LUTGEN TO APPROACH COUNCIL REGARDING HIS RESIDENCE AT 7216 BROOKLYN BOULEVARD 8/14/95 - 13 - Mayor Kragness indicated what Mr. Lutgen would present should have been done during the Council's designated open forum. However, she would make an exception since the item had been brought before Council previously for consideration. Mr. Lutgen referred to a street change proposal submitted to the City after June 26, 1995, and response received accordingly from the Director of Public Services. He commented the respective response was very professional, however, he stated he saw something that just did not add up, and felt compelled to share his views with Council. He stated the proposal he had submitted was similar to a half- bubble cul -de -sac located on June and 69th. Councilmember Carmody clarified Council's decision to not approve Mr. Lutgen's street change proposal was strictly cost related and not based on numbers of residences which would be affected by approval of his proposed change. She inquired whether Mr. Lutgen would present cost related information to Council in such a manner that it would incline Council to reconsider its decision. Mr. Lutgen stated he was prepared to present information to Council that was related to cost factors and very much his concern. Mr. Lutgen submitted a newspaper article from the Post which contained information pertaining to current traffic flows (47,000 cars per day) and projected traffic flow increases (54,000 cars per day) contingent upon completion of a current road project located by his property. Given projected traffic flow increases, Mr. Lutgen indicated this would surely affect the traffic flow on his street as well. Mr. Lutgen stated his four boys are suffering from lung problems (chronic wheezing and coughing) and provided a letter of confirmation from the boys' physician. Mr. Lutgen offered the location of his house is a unique situation in that after full completion of the 96 -97 development, his house would be the only one on Brooklyn Boulevard that is north of 694 and on the downward side where the wind would primarily blow. He acknowledged understanding Council's decision as being cost related, however, his situation was one that required a solution as well. Mr. Lutgen requested Council study the effects of turning his residence area into a commercial zone. He also sighted the potential increase in tax dollar revenue associated with commercial property versus residential property. Mayor Kragness stated the Director of Community Development had talked with Mr. Lutgen. She explained future plans appeared to include the area Mr. Lutgen was speaking on, but Council had to work within financial constraints as well as this type of project being ongoing and Council could offer no time line guarantees. Mr. Lutgen stressed he was unable to sell his home for residential value as it has decreased and the busier the road gets, the more commercial development, the less and less chances he has of selling his home. He added that given publishing of traffic flow numbers in the Post article, the chances of selling his property have been greatly hindered. Again, he stated health concerns relating to his family and requested a study be done of the area to better project future zoning of his property. Mayor Kragness referred him to Mr. Hoffman. 8/14/95 - 14- Councilmember Hilstrom added Nlr. Lunen might confer with City staff to assess his place on a priority list to hopefully provide him with time lines or future plans. Nlr. Lutgen introduced Jeff Lipma, a neighbor residing at 4727 Wingard Lane. Nir. Lipma offered verbal support on behalf of Mr. Lutgen's proposal and indicated some same concerns for his family too. Mayor Kragness thanked both residents for their input. ITEMS REMOVED FROM THE CONSENT AGENDA RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO 1995 -04 REPLACEMENT OF LIFT STATION NO. l AND ASSOCIATED FORCE MAIN Councilmember Hilstrom requested removal of the resolution because inadequate information was provided on the bids and the selection process. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to table the resolution contingent upon more information being provided to Council passed unanimously. IMPROVEMENT PROJECT NOS. 1995 -06, 1995 -15 1994 -23 AND 1994 -1VI Councilmember Hilstrom inquired about procedure if the cost of work performed is higher than the original contract. The Director of Public Services explained in this case, the number of quantities was established by staff and if an overage occurs, it is usually because the contractor encounters unanticipated conditions in the held that requires a change in plans and specifications. Councilmember Hilstrom questioned the threshold before Council approval is required. The Director of Public Services advised the threshold is if the overage is in excess of 5% of the contract cost. RESOLUTION NO. 95 -187 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, 1995 SEALCOAT PROGRAM, IMPROVEMENT PROJECT NO. 1995 -06, CONTRACT 1995 -A The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. y RESOLUTION NO. 95 -138 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAY'NIENT, IMPROVEMENT PROJECT NOS, 1994 -15, ADA TRAILS, CURB CUTS. AND 8114/95 - I5 PEDESTRIAN RAMPS AND 1994-23, MISCELLANEOUS SIDEWALK REPAIRS, CONTRACT 1994 -.%-i The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. ADJOURNMENT Mayor Kragness declared the meeting adjourned at 8:57 p.m. stating the Brooklyn Center City Council would reconvene in Executive Session following the EDA meeting to address litigation issues. Deputy City Clerk Mayor Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial 16 -