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HomeMy WebLinkAbout1995 03-27 CCM Regular Session v 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 MARCH 27, 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 7:01 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Ron Batty, and Council Secretary Barbara Collman. Councilmember Barb Kalligher was excused from tonight's meeting. OPENING CEREMONIES Jim McCluskey offered the invocation. He also issued an invitation to the 17th annual prayer breakfast on April 22, 1995. Bob Stromberg will be the speaker for the meeting, which will be held at the Earle Brown Heritage Center from 8 a.m. to 10 a.m. COUNCIL REPORTS There were no Council reports. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Carmody asked that Item 6(a) be removed. Councilmember Hilstrom requested Item 6(b) be removed. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the March 27, 1995, agenda and consent agenda with the removal of Items 6 (a) and 6 (b). 3/27/95 - 1 - RESOLUTIONS RESOLUTION NO. 95 -78 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER FINANCIAL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -79 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -80 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -81 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER PARK AND RECREATION COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -82 Member Kathleen Carmodv introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER PLANNING COMMISSION 3/27/95 - 2 - The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -83 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT FOR MEDIATION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -84 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN PEACEMAKER CENTER, INC. FOR JUVENILE DIVERSION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -85 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DUMP BOX FOR TRUCK #92 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -86 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1994 -15, ADA TRAILS, CURB CUTS, AND PEDESTRIAN RAMPS, AND 1994 -23, MISCELLANEOUS SIDEWALK REPAIRS, CONTRACT 1994 -M The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 3/27/95 - 3 - RESOLUTION NO. 95 -87 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1994 -33, CONTRACT 1994 -P, MISCELLANEOUS REMOVALS, EXCAVATION, AND CONCRETE CURB The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -88 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1995 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -10, CONTRACT 1995 -C The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -89 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1995 -06, CONTRACT 1995 -A, 1995 SEALCOAT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -90 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 AND CHANGE ORDER NO. 1 FOR IMPROVEMEN"I' PROJECT NO. 1994 -19, CONTRACT 1994 -J, SHINGLE CREEK PARKWAY MILL AND OVERLAY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -91 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUA1NCE, SALE AND DELIVERY OF RENTAL HOUSING REVENUE BONDS (FOUR COURTS APARTMENT'S PROJECT) 3/27/95 -4- SERIES 1995, IN AN AMOUNT NOT TO EXCEED 52,300,000; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND INDENTURE OF TRUST AND OTHER DOCUMENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID BONDS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Vacating Certain Utility and Drainage Easements in Registered Land Survey No. 1603 and in Brooklyn Center Industrial Park Plat 1. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve first reading of An Ordinance Vacating Certain Utility and Drainage Easements in Registered Land Survey No. 1603 and in Brooklyn Center Industrial Park Plat 1. The motion passed unanimously. LICENSES There was a motion by Councilmember Kathleen Carmody and seconded by Councilmember Kristen Mann to approve the following list of licenses: MECHANICAL SYSTEMS - Construction Mechanical Services 1307 Sylvan St. RENTAL DWELLINGS Renewal: Norman Chazin Four Courts Apartments Norman Chazin Northbrook Terrace Norman Chazin 6037 Brooklyn Blvd. Henry W. Norton 5240 Drew Ave. N. Norbert and Dolores Volbert 4207 Lakeside Ave. No. #122 Nancy G. Dahlquist 4700 Lakeview Ave. N. Donald Sobania 3701 47th Ave. N. Revesco, Inc. 857 -861 70th Ave. N. Revesco, Inc. 873 -877 70th Ave. N. i Revesco, Inc. 881 -885 70th Ave. N. TAXICAB Town Taxi 2500 Washington Ave. # 128 The motion passed unanimously. 3/27/95 -5 - OPEN FORUM Mayor Kragness noted the Council had received no requests to use the open forum session this evening. She inquired if there was anyone present who wished to address the Council. There being none, she continued with the regular agenda items. PUBLIC HEARING There was a motion by Councilmember Mann and seconded by Councilmember Carmody to open the meeting for a public hearing at 7:08 p.m. on An Ordinance Placing a Moratorium on the Siting of Adult Establishments Within Any Zoning District of the City of Brooklyn Center; and Directing a Study to be Conducted. The motion passed unanimously. Mayor Kragness inquired if there was anyone present who wished to address the Council No one came forward. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to close the public hearing at 7:09 p.m. The motion passed unanimously. ORDINANCE NO. 95 -02 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF BROOKLYN CENTER; AND DIRECTING A STUDY TO BE CONDUCTED The motion for the adoption of the foregoing ordinance was duly seconded by member Kathleen Carmody, and the motion passed unanimously. _WOODBINE NEIGHBORHOOD STREET IMPROVEMENT PROJECT The City Manager explained the City Council would be holding two public hearings concurrently on this issue. The public hearings would be for the improvement project itself and for the special assessment. The Director of Public Services reviewed the City's 20 -year street maintenance program in general. She then presented the proposed project, showing slides of existing conditions and proposed improvements. She described the improvements and gave an overview of costs, funding, and the rate of special assessments. She discussed the proposed schedule for the project, including a June 1, 1995, construction start and a September 1, 1995, construction completion. The Director of Public Services also explained a change in the special assessment payment method for this project. Interest on amounts due will begin accruing on October 1, 1995, at a rate of 7 percent, allowing for partial pre- payment. Councilmember Mann asked how many property owners are expected to make use of the stabilization program regarding this project. The Director of Public Services said one -third of homeowners used the program in 1994. There has been a change in the rules and she would expect 25 percent of homeowners might use the program this year. 3/27/95 -6 - Councilmember Mann asked whether special assessments of other property owners will be affected due to the change. The Director of Public Services said the assessments will not f be affected because the funding is from a different source. Mayor Kragness asked the Director of Public Services to summarize the stabilization program for the benefit of residents in attendance at the meeting. The Director of Public Services did so, noting the program provides grants according to income. Applications for the program can be obtained at City Hall. The Director of Public Services or Engineering Department Staff can answer questions regarding eligibility. Councilmember Mann asked whether the City will be bonding an amount of approximately $800,000. The Director of Public Services said that was correct. Councilmember Mann asked whether assessments will be raised in the future. The Director of Public Services said it may be necessary to do so at some point in this 20 -year project. The assessment rate went from 33 percent of the project cost last year to 35 percent this year. The plan is to raise it to 40 percent. Therefore, assessments are expected to increase each yeas, including construction costs. Councilmember Mann asked whether such improvement projects are truly needed in view of the costs involved. The Director of Public Services replied the streets in Brooklyn Center are over 30 years old and a great deal of money is being spent to maintain them. It is not cost - effective to continue to sealcoat and patch damaged and deteriorated streets. The true condition of the streets may not. be obvious because they have been maintained so that they look good on the surface. After a certain point, such maintenance is no longer effective and a comprehensive replacement plan is necessary. Mayor Kragness asked how long a period of time is expected from the new construction of a street until it requires maintenance. The Director of Public Services said a new street is substantially maintenance -free for the first two or three years. After that, a maintenance plan is begun. She added concrete curb and gutter installed on new streets increases their life. The City Manager noted an extraordinary majority will be needed, according to state law, to approve the propose street improvement project. PUBLIC HEARING There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to open the meeting for a public hearing regarding Proposed Improvement Project Nos. 1995 -07, 08, and 09, Woodbine Neighborhood Street, Storm Drainage, and Utility Improvements, and Proposed Special Assessments, Improvement Project Nos. 1995 -07 and 1995 -08, Woodbine Neighborhood Street and Storm Drainage Improvements, at 7:34 p.m. The motion passed unanimously. Mavor Kragness inquired if there was anyone present who wished to address the Council. 3/27/95 -7- Phil Barker, 4720 Wingard Lane, asked whether there is a storm sewer improvement proposal for his street, whether the street will be widened, and whether the addition of curbs will stop snowplows from driving into the yard. The Director of Public Services said there is no storm sewer work planned on his street and the street will not be widened. The City Manager said when a snowplow driver feels the plow hit a curb it will be obvious so the situation should be rectified. Greg Lutgen, 7216 Brooklyn Boulevard, stated the proposed project should be postponed until resolution of issues on Brooklyn Boulevard, such as noise and pollution. The City should not spend money on this project until it determines what will be done at the end of Wingard Lane. The Director of Public Services said the Brooklyn Boulevard project will address the problems but the project ends at 71st /Noble Avenues, which is south of his home. The City Council has decided not to buy his house, which would have allowed for a larger cul -de -sac to be built. Mr. Lutgen said he will be assessed and the situation will not be improved. The other problems will not be resolved by the addition of curb and gutter. Greg Osborn, 7206 Lee Avenue North, noted he has lived at his property for 20 years and has not had a problem with water at the end of his driveway. The City has not notified him of a problem in the 20 years. He did not understand the need and felt the City wants to do general work to solve a few specific problems. He questioned where a holding pond will be located and whether or not the City owns the property for it. He opposed the holding pond due to safety concerns for neighborhood children. He also noted the street has only been sealcoated once in the time he has lived there. The City Manager said the location of the south pond is not yet definite pending further negotiations. The safety issues for a holding pond are negated by the type of construction (slopes). The purposes of a holding pond are to filter out some solids and assist the water in draining into the pipes. The pond is expected to be built either on St. Alphonsus property or other private property, or in conjunction with the redevelopment project. The holding pond plans are not final. He also noted some holding ponds are dry, and none have very much water in them on a continual, basis. Mr. Osborn asked whether the City owns the property and, if not, whether the cost is included in the special assessment cost. He was told the City does not currently own the property and the cost is included in the special assessment. Mr. Osborn said he would like to have the slides shown earlier identified. He said it is not worth 82 million to fill potholes. He asked whether there are other areas in worse need of work. The City Manager explained there may be worse individual streets, but this area has the most need due to a combination of the three factors of sanitary sewer, storm water, and streets. Mr. Osborn asked whether other areas of the City which have bad streets have been worked up for special assessments. The City Manager said a20-year street improvement program has begun. 3/27/9 - 8 - Roger Kloster, 7223 Lee Avenue North, asked whether the members of the Council have driven through the Woodbine neighborhood to evaluate the proposed program and, if so, whether they agree the streets are in need of this much work. The Councilmembers confirmed they had each driven through the neighborhood. Mayor Kragness commented she is not knowledgeable enough to judge the total situation. However, she did see potholes everywhere and does understand the combination of the three concerns which need to be addressed. Mr. Kloster noted Woodbine Lane is on an MTC bus route and carries heavy buses yet has no potholes or sunken areas. He has lived there 26 years and does not see a deterioration. He noted curb and gutter would enhance the street but questioned the need for it when $2,400 is difficult for some residents. Mr. Kloster commented the City Council works for the City and therefore would not have the right to stop maintaining streets. He expressed his opinion the "Woodbine Neighborhood" should be, instead, "Northbrook Manor," which is the platted name. He felt the project is tied to the redevelopment at 69th and Brooklyn Boulevard and a senior facility on the west side of St. Alphonsus. He noted the City contacted St. Alphonsus, not the other way around. He said there has been deception and threats and he is concerned about what else residents are not being told. Woodbine Lane has only been sealcoated once in the past 26 years and that time it was done incorrectly. He also asked how much taxes will be reduced based on the savings realized from lower maintenance costs. He asked the minimum amount to bond without assessment. The City Manager said the minimum amount to bond without assessment is 20 percent. Mr. Kloster said Brooklyn Center's assessment is 35 percent.. He suggested reducing the bond to 20 percent to lower the assessment. The City Manager said it is a legal possibility, however it would be necessary to stay slightly above the 20 percent in order to not go below. There could be other effects. The City Manager noted the Woodbine Neighborhood street improvement project can be viable with or without the involvement of the St. Alphonsus property. The City contacted the church about redevelopment because it was aware, years ago, that there was an interest but that contact was made after the Woodbine area was first considered for improvements. Mr. Kloster said the Council should consider other methods of funding the project. He repeated the project would make the area attractive, but he questions whether it is needed at the cost. The Director of Public Services stated the street maintenance budget was reduced $40,000 for 1995, and it is expected the budget taxes will be reduced another $40,000 due to the reduction in street maintenance costs. In regard to other types of funding, she said there are other options for the short term but the overall need is for $17 million . and it is important to make a start. Councilmember Carmody said she has checked other cities and determined assessments are paid one way or the other -- either through special assessments or increased taxes. She also 3/27/95 - 9 - said she is aware St. Alphonsus parishioners have discussed the idea for several years and this was just an opportune time to execute it. Jim Person, 7100 Kyle Avenue North, noted he has lived in his home eight years. He said he does not like the cost of the project and other areas of the city seem to have worse conditions. He felt the sequencing is bad as a new street may have to be torn up later to put in a new sewer. It seems as though these are partial fixes and the cost is greater than the Willow Lane project. He is concerned about the safety issue of the holding pond and children. He does not want to pay for replacement of the infrastructure to benefit a developer. He does not want to see low income or retail properties in the area. The City should postpone the project until the property for the pond is secured, a fence is planned, and other problems are solved. Councilmember Mann asked the Director of Public Services to address the legislative mandates relating to the issue. The Director of Public Services explained there is new legislation requiring the quality of run -off waters be improved. Ponds are being constructed at a rapid rate. Developers must build ponds to treat storm water before it enters the sewer. The Director of Public Services also commented a fence around a pond makes it even more attractive to children and delays rescue efforts if needed. Surface water treatment requirements must be met and it is being done neighborhood by neighborhood. One reason the Woodbine Neighborhood is a priority this year is due to the necessity to correct the drainage into Palmer Lake. It is not possible to finalize the purchase of property without an approved project. Councilmember Hilstrom asked what effect, if any, ponding on a street would have and what would happen to these streets if they were not rebuilt at this time. The Director of Public Services said any standing water contributes to decay of a street. There must be a line drawn as to how much water is too much. If the streets are not re- built, the City would fill the potholes and the edges would continue to deteriorate. The City would keep the streets drivable but sealcoating would not benefit them. Mayor Kragness read aloud a letter from Yvonne Williams, 4200 71st Avenue North. Ms. Williams expressed support for the project. She commented all work cannot be passed onto the next generation for handling. Delores Fehlberg, 4512 Woodbine Lane, said she is a 22 -year resident of the neighborhood. She said she has checked the streets but is unsure about their condition. However, she urged the sealcoating would be continued if the project is not approved. She noted there has been a lack of communication regarding the project. The letter issued to residents last fall said a feasibility study would be conducted and she would like to see the results of that report. She mentioned residents of the neighborhood have been very upset and it is good that the interest rate has been lowered. 3/27/95 - 10- Jim Skare, 7124 Indiana Avenue North, asked whether the tax reduction is a result of last year's project and this one. The Director of Public Services said the reduction is due to the new pavement management program. Mr. Skare asked whether there will be repairs to the sanitary sewer. The City Manager said in areas where there is a problem with the service the City will repair the sewer to the property line plus the sections at the street. Residents may choose another contractor for repairs from the street to the house. Mr. Skare asked whether City Staff knows at this point where the problems with the sanitary sewer are. The Director of Public Services said Staff is still in the process of dete ;n g the areas in need of repair. Mr. Skare lives on the edge of an area which has had documented problems. Mr. Skare urged the underground work be done before the street repairs. The City Manager noted the televising of underground utilities is a fairly new method, so in the past streets were constructed without knowledge of sewer problems. Now, problems are identified by using the cameras plus surveying users. Jo Plante, 7212 Halifax Avenue North, asked why this project is being assessed at $875 more than the Willow Lane project. She had been told the Willow Lane project received funding from the "sewer fund" and wondered if such a fund would be available for this project. The Director of Public Services said the storm drainage utility fund was established in 1991. It j has not been in existence long enough to accumulate a reserve to pay for all the coming repair projects. Last year, however, there were enough funds to pay for the improvements so they were not assessed by_the City Council. Later, the storm management plan began and the policy was changed in December, 1994. Ms. Plante said the City Council should have had more foresight and it is unfair to charge one group of residents and not the other. The City Manager noted City Council and Staff were not aware of the magnitude of the repairs needed. Charles Bower, 7131 June Avenue North, asked for an explanation of the basis for the interest to be charged, at whatever percentage. The City Manager said the City bonds for the funding at somewhere between five and one -half and six percent interest. State law recommends charging one to one and one -half above that to cover delinquencies, etc. Mr. Bower asked whether, if the bond price drops, the assessment amount would also drop. The City Manager said the amount would drop. The final notices would reflect any change. Mr. Bower asked why there is only one opportunity to pre -pay the amount before October 1. The Director of Public Services answered the City is not in the banking business. She suggested property owners work with their bank or credit union to establish payment options. Mr. Bower asked whether there are line items in the budget re street improvements and whether money can be saved toward the future. The City Manager stated there have 3/27/95 been efforts to urge the legislature to adopt it, but it hasn't happened. The streets are not considered a utility. Mr. Bower asked whether the payment can be prepaid after it is transferred to the county tax rolls. The City Manager said after the first year it can be prepaid in certain months. Mr. Bower noted some neighborhood residents are on fixed incomes and this amount seems excessive. It is also difficult for young families just starting out. The fee doesn't seem fair when compared to fees assessed last year for the other project. Mayor Kragness noted anyone can apply for the stabilization program. The Director of Public Services then reviewed the payment options. The assessment can be paid in full by November 30 with interest beginning to accrue on October 1, or it can be put on county taxes to be paid over a period of ten years. Tim Weiss, 7130 Grimes Avenue North, said it was unfair that Grimes Avenue North residents were notified late. The Director of Public Services apologized for the inconvenience of the late notification. She explained when the storm drainage plan was detailed it became obvious it would be more cost - effective to involve Grimes Avenue North in this project rather than the neighborhood to the east. The City Manager noted the City is flat, making it difficult to tell where the drainage will run until a drainage plan is examined in minute detail. Mr. Weiss said there should have been better research and this was a major oversight. Grimes Avenue North residents should have a five -month grace period to equal the one the other residents had between notification and payment due date. He added an interest rate of 7 percent over 10 years is not a good deal and a person would be better off going to a bank or credit union. Mayor Kragness noted any resident would have that option. A resident at 7224 Halifax Avenue North noted fencing around a pond may be more attractive but the pond is the danger for children. He stated there should be quality control on the project to guarantee its success. He asked whether he can stop payment on his check if the project is not successful. Mayor Kragness noted we hire professionals in order to be assured of quality. The City Manager commented last year's project was successful. Graydon Boeck, 5601 Indiana Avenue North, expressed concern over the cost of $600,000. A re- design should be considered. He asked how many miles of concrete curb and gutter the City has. He said the basis for performing a public improvement is whether it will raise the property value and he questions whether that is happening. He added sealcoating does benefit a street and should be continued if the project is not completed. Councilmember Hilstrom spoke regarding the 20 -year street program. She said it will benefit the whole city and there will be a detrimental effect if it is not followed. She feels the program is necessary. 3/27/95 -12- i The Director of Public Services stated in 20 years Brooklyn Center streets will be 50 to 60 yz._rs old. Infrastructure ages. She mentioned a number of first -ring suburbs which have implemented or completed similar programs for the same reason. She added the Woodbine Neighborhood is a stable neighborhood now but if the streets deteriorate properties will lose value and new buyers will not be attracted to it. Terry Rawson, 7225 Major Avenue North, spoke in support of the project. He rides his bike on the nei streets and has noticed deterioration. He would rather pay what is necessary now than pay a larger amount later, whether he can afford it or not. Jim Person, 7100 Kyle Avenue North, suggested the Council take two or three years to reassess what is needed and plan a project which is consistent and fair. Mayor Kragness mentioned the escalation of costs is a factor. Councilmember Carmody stated there is a 20 -year plan in place. Assessments can change as elected officials change. The Director of Public Services cannot plan regarding t assessments because the assessment fee is a decision of the City Council. j Mr. Person said a plan needs to be developed. Councilmember Carmody said there is a plan. Assessments increased to $1,700 and $725. f The City Manager commented it is not unusual for program changes to cause concerns. Elected officials have to make judgments. The meeting of the Brooklyn Center City Council was recessed at 8:58 p.m. The meeting of the Brooklyn Center City Council was reconvened at 9:14 p.m. Mark Holmes, 7207 Grimes Avenue North, asked for a discussion of options concerning traffic. The Director of Public Services said some physical changes are being considered. Chokers, which bring in the edges of a street giving the impression that it is getting smaller, and stop signs are options which will be discussed with residents. Changes like these might not impact the amount of traffic in the neighborhood but they might change behaviors of drivers. Bill Heer, 4200 Woodbine Lane, is a 30 -year resident of the neighborhood. He noted $2,400 is less than $ 100 per year, which is not a bad investment. He stated neighborhoods have life spans and noted the downtown area has been revitalized and now attracts people. He felt there is an ice problem on neighborhood streets. If the project is not done, those who are opposed may not want to live in the neighborhood either. If the streets are not rebuilt, they will deteriorate. Wayne Pitschka, 4401 Woodbine Lane, has been a resident of the area for over 30 years. He said he does not like the bus on Woodbine Lane. He also does not Like the option of chokers. He believes the streets are bad and he has Iona been in favor of putting in curbs. 3/27/95 Improvements might not raise property values but they will contribute to values holding steady. He is concerned that repairs to underground services, including gas lines, be completed before street construction. He is in favor of the project and knows other residents who also support it. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to close the public hearing at 9:22 p.m. The motion passed unanimously. Councilmember Hilstrom stated she has looked at the 20 -year program and believes there is no question of whether streets must be rebuilt, but only of when they will be rebuilt. The City needs to have pleasing neighborhoods. She stated she is in favor of the project. Councilmember Carmody spoke regarding redevelopment issues. No retail is proposed which would be closer but it would replace what is currently at 69th Avenue North and Brooklyn Boulevard. She said the complaint about paying for the infrastructure is not valid. The infrastructure simply needs repair and it is no one else's responsibility. As far as the 20 -year program not being well planned, she noted the whole City will eventually have road repairs. However, assessment payments will vary according to the Council at that time. She suggested in the future assessment letters be sent out earlier in a project. She expressed support for this project. Councilmember Mann said she is concerned about the amount of funding being added to general City taxes. It is proper for assessment rates to be increased. She stated she is in favor of the project. Mayor Kragness said the Councilmembers had presented good opinions. She stated the Council must do what is best for the City as a whole. Street reconstruction can only cost more at a later date. She said she supports the project. RESOLUTION NO. 95 -92 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 1995 -07, 08 A:ND 09, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, CONTRACT NO. 1995 -B r The motion for the adoption of the foregoing resolution was duly seconded by member f Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -93 Member Kristen Mann introduced the following resolution and moved its adoption: 3/27/95 - 14- RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR IMPROVEMENT PROJECT NOS. 1995 -07 AND 03, WOODBINE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. HUMBOLDT AVENUE STREET IMPROVEMENT PROJECT The City Manager explained the City Council would be holding two public hearings concurrently on this issue. The public hearings would be for the improvement project itself and for the special assessment. The Director of Public Services reviewed the project. She noted there would be construction of a 30 -foot roadway with concrete curb and gutter, underground power lines, and landscaping. There will be assessments on five non - single family home properties. She noted no objections were received by the City in response to published and mailed notices. PUBLIC HEARING Mayor Kragness opened the meeting for a public hearing on Proposed Improvement Project Nos. 1994 -05 and 06, Humboldt Avenue, 69th Avenue to 73rd Avenue, Street and Utility Improvements, and Proposed Special Assessments, Improvement Project No. 1994-05, Humboldt Avenue, 69th Avenue to 73rd Avenue Street Improvements at 9:34 p.m. Wes Penrod, representing Brookdale Towers Program, developer of 6925 -6915 Humboldt Avenue North, presented a statement of objection from an attorney on the company's behalf. The City Manager noted this step is part of the appeal process. Charles Lenthe, 7007 Irving Avenue North, spoke regarding the final plans and specifications for the project. He noted they do not include widening at 73rd Avenue, which is necessary to promote better movement of traffic going north in the evenings. He also noted the two stop signs at 70th Avenue North and 72nd Avenue North were meant to reduce traffic but there has been no significant impact; traffic is not even slowed. He urged the City Council to consider removing the stop signs since they are a burden. Mayor Kragness noted the description of the project in the minutes does not refer to stop signs. Mr. Lenthe said if they are in the plans they will be put in. The City Manager said they are in the plans and the Council intended they be included. Mayor Kragness asked whether there have been other calls regarding the stop signs. The City Manager said there have been calls on opposite sides of the issue. Debbie Hensel, 1500 Amy Lane, commented she had complained about the stop signs. One of the signs is at her driveway. The residents had requested traffic relief. The signs have not reduced the amount of traffic, but it is better to have them than have nothing. She 3/27/95 - 15 - added widening the road would add to the traffic problem. She urged the Council to approve the project as proposed rather than delay it further. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing at 9:44 p.m. The motion passed unanimously. Councilmember Hilstrom suggested better relief in this area be discussed in the upcoming meeting with Brooklyn Park. There have been preliminary discussions with Brooklyn Park and there may be actions which can be done in conjunction with Brooklyn Park. He said the Humboldt Avenue issue will be on an agenda for a joint meeting with Brooklyn Park. Councilmember Carmody commented she supports the project as it is. Children shouldn't be crossing the street with increased traffic. I f Councilmember Mann noted this has been a lengthy process, but she supports the project. Mayor Kragness said the current Council has followed and been involved in the consideration of this project for some time. The project as it stands now is the best of three options. She said she supports the project in light of choosing what is best for the City as a whole. RESOLUTION NO. 95 -94 li Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1994 -05 AND 06, HUMBOLDT AVENUE, 69TH AVENUE TO 73RD AVENUE STREET AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. The City Manager asked the City Attorney whether the property which is appealing the assessment should be excluded from the assessment procedure at this point. The City Attorney noted the statement of objection is only a first step and the company has thirty days to file the appeal. He recommended Council go ahead and begin the assessment process. RESOLUTION NO. 95 -95 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1994 -05, HUMBOLDT AVENUE, 69TH AVENUE TO 73RD AVENUE STREET IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS �i 3/27/95 -16 - The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. COUNCIL CONSIDERATION ITEMS PLANNING COMMISSION ITEMS The Planning and Zoning Specialist reviewed Planning Commission Application No. 95003 submitted by Brookdale Office Park Partnership. Request for a Special Use Permit amendment to allow an expansion of the Cardinal Stritch College operation located in the Brooklyn Crossing Office Building, 3300 County Road 10. He also reviewed the Planning Commission's response. Regarding parking, he said the use would be limited off -peak use, so potential problems are reduced. He noted the conditions, with the exception of the amount of square footage, are the same as those on the original application. A representative was available to answer questions. Councilmember Hilstrom questioned the concern over the stairway. The Planning and Zoning Specialist said the issue is the exiting of people from the upper floors down to the ground floor. The building official has reviewed the situation and said it is acceptable according to the formula used. However, the proposed occupancy of the fourth floor may bring the occupancy rate to its maximum. Councilmember Mann complimented the Planning Commission for its work on the application consideration. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve Planning Commission Application No. 95003 submitted by Brookdale Office Park Partnership, subject to the following conditions: 1. The amended Special Use Permit is issued to the applicant on behalf of Cardinal Stritch College to operate an expanded night school in the Brooklyn Crossing office building at 3300 County Road 10. The school shall be allowed to occupy 4,300 square feet of rentable space on the fourth floor as indicated in the applicant's submittal. Any further alteration or expansion of the school use within the office building, shall require an amendment to this Special Use Permit. 2. The applicant shall receive a sewer availability charge determination from the MWCC and final approval from the Building Official with respect to exiting and occupancy prior to the issuance of a building permit for this expansion. 3. Classes shall be held between 6:00 p.m. and 10:00 p.m. weekdays and on weekends. No weekday day time classes are included as part of the approval of this amended Special Use Permit. 4. The amended Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation thereof shall be grounds for revocation. 3/27/95 - 17- The motion passed unanimously. The Planning and Zoning Specialist reviewed Application No. 95004 submitted by VenStar Corporation. Request for Site and Building Plan approval for a 60,090 sq. ft. building for General Litho Services, Inc. to be located west of Parkway Circle, north of the Holiday Inn. He also reviewed the Planning Commission's response to the application, including 16 conditions, 12 of which are standard conditions. He noted expansion plans at a later date will need to be approved by the Planning Commission and City Council. He stated the owner of General Litho, Gary Garner, was present. Mayor Kragness asked whether the property is existing wetland. The Planning and Zoning Specialist said that a portion of the property contains existing wetlands. Mayor Kragness questioned whether the width of the streets needs to be increased to add ease of access to the property. The Planning and Zoning Specialist said the street was designed to accommodate a building of this size. Councilmember Mann asked whether this will be the first building in the area with a pond on the property. The Planning and Zoning Specialist said there is a general pond in existence serving part of the area. Councilmember Mann asked wh there isn't a regional pond. The Planning and Zoning Specialist said a regional pond would make sense but there are multiple owners of the properties to coordinate, and at the current time the City is not dealing with the other owners. The Citv Manager commented there is natural drainage in the area which serves the function significantly. Graydon Boeck, a member of the Planning Commission, commended the company for building in Brooklyn Center. He discussed the use of a 72 -inch pipe. He suggested monies from levies be used to develop a detention plan using the wetland area as soon as possible. He felt the plans for future expansion should be addressed at this time. Councilmember Hilstrom asked for the Planning and Zoning Specialist's response regarding the expansion. The Planning and Zoning Specialist said the revised drainage plan is being reviewed. It will be three to four months before the expanded plan will be ready and waiting for it will delay construction. The Director of Public Services stated there are limits as to what can be done but options are being developed. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve Planning Commission Application No. 95004 submitted by VenStar Corporation, subject to the following conditions: '/27/91 1. The building plans are subject to review and approval 'oy the Building Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage and utilities plans are subject to review and approval by the Engineering Department prior to the issuance of building permits. 3. A Performance Agreement and supporting Financial Guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of building permits. 4. Any outside trash disposal facilities and rooftop 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. 6. An underground irrigation system shall be installed in all landscaped 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 parRing and driving areas. 9. The. applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the Performance Guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of building permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The sto ma drainage syste:n shall be anoroved by the Shingle Creek Watershed 1NIanage^ent Commission prior to the issuance of building permits. 15. Ponding areas required as a parr: of the storm drainage plan shall be protected by an approved easement. The easement document(s) shall be executed and filed with 1: I- nnepin County prior to the issuance of building permits. 1 T ;�e _� Ca: vn� st ll� indiC3�ed on the nosh side Of tilt site s be dedicated as Our Ji :� cC: CSSQ7; CC: * :{ i�� for t : - C Sole u�e OZ ::e aQjOlilli :E CruCeri�l. Said deClaratl0n shall b e h ied Witci the t1e 70 '"e CrOCZ: �le;. pi_Or i0 the iSs :?riCe per 19 - 15. An amended Special Use Permit for off -site accessory parking on Parkway Circle, the central parking lot and adjoining areas relieving the subject property of its 153 parking stall dedication will be required to be granted and an appropriate amendment to the easement agreement and declaration of covenants relating to these properties shall be executed and filed with Hennepin County prior to the issuance of building permits for this project. 16. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. The motion passed unanimously. REALIGNMENT OF 65TH AVENUE The Director of Public Services presented the Staff Report concerning Improvement Project No. 1994 -13, 65th Avenue Realignment, Brooklyn Boulevard to Indiana Avenue. The Director of Public Services discussed the feasibility of, and assessments on, the issue. She noted the project would fall under the Associated Improvements part of the Park and Ride project. Property owners in the area are concerned with safety. This is an opportunity to accommodate the residents' desire to realign 65th Avenue with one -half the cost being paid by the Metropolitan Council Transit Operations (MCTO). Staff recommends there be no special assessments to the property owners on the south side of the street. Rather, those amounts will be rolled into the project cost. The MCTO will pay the entire cost of the extra depth of the pavement and the City will pick up the rest of the cost, which is estimated to be $94,000. Staff will meet with residents on the south side of the street and the project will come back before the Council for consideration in two weeks. Councilmember Mann questioned whether the project had already been moved forward by Council with assessments. The Director of Public Services said assessments had not been discussed in detail prior to this meeting. The City Manager noted the City Council had not reached a conclusion on the matter. Staff does not recommend assessing any properties as there are too many complications to demonstrate benefit. Councilmember Mann asked whether an assessment would be at the rate of $1,500 per property. The Director of Public Services stated the recommendation is that the City pay two- thirds of the cost of the project and the MCTO pay one - third. If the assessment were levied, the total amount would be $19,000. Councilmember Mann asked whether the street in question is scheduled for work sometime in the next 8 to 10 years on the 20 -year street improvement plan. If so, she expressed concern about not assessing the residents equally. The Director of Public Services said the street is on the 20 -year plan. 3/27/95 -20- Councilmember Carmody commented it is not fair to residents to make arbitrary assessments. She felt it is necessary to demonstrate a consistent approach. Councilmember Hilstrom noted the City must legally be able to demonstrate benefit to properties in order to levy assessments. A Park and Ride will not provide benefit. The MCTO will benefit from the project. The City Manager commented the issue can be argued from both perspectives. The practice has been to assess unless there are entanglements which make it difficult to prove benefit. It is necessary to judge on an individual basis and sometimes make exceptions. Mayor Kragness questioned whether the extensions of driveways will be City -owned property. The City Manager said the portions of driveways will probably remain boulevard. Discussions with property owners are ongoing and the question is not resolved at this time. He indicated the driveway portions would probably remain public property which is to be maintained by property owners. RESOLUTION Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, RECEIVING ENGINEER'S FEASIBILITY REPORT, AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1994 -13, 65TH AVENUE REALIGNMENT, BROOKLYN BOULEVARD TO INDIANA AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann. Councilmember Mann expressed concern over the issue of not assessing the properties. She felt benefit to the property owners can be proven. Since costs are increasing, the City needs to levy the assessments. Roll call vote: Mayor Kragness, aye; Councilmember Hilstrom, aye; Councilmember Mann, nav; Councilmember Carmody, nay. The motion failed on a tie vote. RESOLUTION Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, RECEIVING ENGINEER'S FEASIBILITY REPORT, DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 1994 -13, 65TH AVENUE REALIGNMENT, BROOKLYN BOULEVARD TO INDIANA AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody. v 3/27/95 Roll call vote: Councilmember Mann, aye; Councilmember Carmody, aye; Councilmember Hilstrom, nay; Mayor Kragness, nay. The motion failed on a tie vote. The City Manager noted the issue will be brought forward at the next City Council meeting. PENDING OWNERSHIP TRANSFER OF NORTHWEST SUBURBS CABLE COMMUNICATIONS SYSTEM The City Manager noted there is an opportunity for the Council to pass on comments to a new owner. This will be the third transfer of the system. Councilmember Mann commented the transfer will be interesting. Many good points have been made by the commission. She added there will be a public hearing held at City Hall on April 6 at 7 p.m. The City Manager said he and Councilmember Mann would be willing to take comments of other councilmembers to the public hearing. LEGISLATIVE UPDATE The City Manager stated he has been asked to go before the legislature to request funding to study Hennepin Community Works, including the storm water pond at Shingle Creek. At this point, he would like to indicate support for planning, not for the project. Mayor Kragness asked whether funding will be shared. The City Manager said the cost of the pond project would be shared with the City of Minneapolis. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to authorize the City Manager to speak before the legislature in support of funding for the study of Hennepin Community Works. The motion passed unanimously. APPROVAL OF MINI T=S MARCH 11 1995 - REGULAR SESSION Councilmember Carmody noted on page 12 of the minutes the wording should reflect the vote was unanimous. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the minutes of the March 13, 1995, regular session as printed and amended. The motion passed unanimously. PROCLAMATION Councilmember Hilstrom noted this item was removed from the consent agenda in an effort to draw special attention to the matter. Member Kathleen Carmody introduced the following proclamation and moved its adoption: 3/27/95 I PROCL.A1IMATION DECLARING APRIL 22, 1995, TO BE A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER. The motion for the adoption of the foregoing proclamation was duly seconded by member Kristen Mann, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjoum the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:50 p.m. f 'i Deputy City Clerk Nayor I ' Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial i 3/27/95 - 23 -