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HomeMy WebLinkAbout1994 06-27 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 27, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson and Councilmembers Celia Scott and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney, and Council Secretary Barbara Collman. Councilmembers Dave Rosene and Barb Kalligher arrived at 7:02 p.m. OPENING CEREMONIES Dwight Dunberg offered the invocation. Councilmembers Dave Rosene and Barb Kalligher arrived at 7:02 p.m. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson commented on the success of the recent Earle Brown Days. He attributed the success to the efforts of volunteers and thanked Brooklyn Center residents for supporting the event. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Rosene requested the removal of item 11d. Councilmember Mann requested the addition of item 10k regarding Dupont Avenue North. 6/27/94 - 1 - There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the June 27, 1994, agenda and consent agenda as printed. The motion passed unanimously. APPROVAL OF MINUTES JUNE 6, 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the minutes of June 6, 1994, special work session as printed. The motion passed unanimously. JUNE 13, 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the minutes of June 13, 1994, regular session as printed. The motion passed unanimously. RESOLUTIONS i RESOLUTION NO. 94 -124 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION TO RUTH RIZ O E ERTAIN PR C APPRAISAL ACTIVITIES FOR CITY PURPOSES BY EMPLOYEES IN THE ASSESSING DIVISION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -125 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO IMPLEMENT AUTOCAD AUTOMATED DRAFTING The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -126 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 06/27/94) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 6/27/94 -2- RESOLUTION NO. 94 -127 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1993 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1993 -01, CONTRACT 1993 -A The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -128 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION TO APPOINT OUTSIDE PROSECUTOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES j There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Jem Amusement, Inc. dba Earle Brown Bowl 6440 James Circle N. K -Mart 5930 John Martin Drive GARBAGE AND REFUSE COLLECTION VEHICLES Aagard Sanitation P.O. Box 21248 Darling & Co. P.O. Box 127865 Gallagher's Service, Inc. 1691 91st Ave. NE Hilger Transfer 8550 Zachary Lane K & S Sanitation 24 Crossway Drive The Mengelkoch Co. 119 NE 14th St. Midwest Grease Buyers, Inc. P.O. Box 26 Super Cycle, Inc. 775 Rice St. T & L Sanitation, Inc. P.O. Box 34695 Walz Bros. Sanitation, Inc. P.O. Box 627 Waste Control 95 West Ivy Ave. MECHANICAL SYSTEMS Brooklyn Air Heating and Air Cond. 5801 Lyndale Ave. N. Correct Temp Heating 6646 29th St. N. 6/27/94 -3 - Horwitz Mechanical, Inc. 5000 N. Highway 169 RENTAL DWELLINGS Initial: Alchemedes Investment Co. Brookwood Estates Renewal: Keith L. Nordby 5964 Brooklyn Blvd. Jay Nelson Battenberg 5235 Drew Ave. N. Roland Scherber 5243 Ewing Ave. N. Robert/Marilyn Cashman 5430 Humboldt Ave. N. Gerard Moss/Brett Hildreth 5519 Lyndale Ave. N. Hogenson Properties 3813 Urban Ave. N. Diane M. Barnes 1342 67th Lane N. SIGN HANGER Crosstown Sign, Inc. 10166 Central Ave. NE The motion passed unanimously. PRESENTATION 1994 LEAGUE OF MINNESOTA CITIES ACHIEVEMENT AWARD FOR CO -OP NORTHWEST PROJECT Mayor Paulson accepted this First Place achievement award by the League of Minnesota Cities for the CO -OP Northwest project. The award is in the category of Cooperation and Consolidation in cities over 10,000 and is shared with Brooklyn Park, Crystal, New Hope, and Robbinsdale. PLANNING COMMISSION ITEMS APPLICATION NO. 94006 The City Manager introduced Planning Commission Application No. 94006, submitted by Wendy's International, for preliminary plat approval to combine into a single lot the property at 5545 Xerxes Avenue North and the vacant lot immediately to the south. This application was recommended for approval by the Planning Commission at its June 16, 1994, meeting. T r h matter and reviewed The Planning and Zoning Specialist resented the staff report t on the g g P P P the company's response to Planning Commission requirements prior to its recommendation. He explained the Planning Commission recommended approval of Planning Commission Application No. 94006 subject to four conditions. 6/27/94 -4- Councilmember Scott inquired whether the land for the expanded parking lot has an underground sprinkling system. The Planning and Zoning Specialist answered there is a system and the company will be required to update it. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve Planning Commission Application No. 94006, submitted by Wendy's International, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The financial guarantee being held for Planning Commission Application No. 93009 submitted by Wendy's International shall not be released until the final plat has been approved by the City Council and filed with Hennepin County. 4. The financial guarantee being held for Planning Commission Application No. 93009 submitted by Wendy's International shall not be released until all landscaping and parking lot improvements comprehended under the expanded parking lot plan have been completed and are in compliance with the maintenance provisions of the executed performance agreement. The motion passed unanimously. APPLICATION NO. 94007 The City Manager introduced Planning Commission Application No. 94007, submitted by Maranatha Baptist Care Center for site and building plan approval and an amendment to its special use permit to construct a 5,125 square foot addition to the nursing care center. This application was recommended for approval by the Planning Commission at its June 16, 1994, meeting. The Planning and Zoning Specialist resented the Staff report on the I g g P P P application. He further explained that, in response to notices sent out in relation to the special use permit, two telephone calls were received from neighboring property owners. He reviewed the concerns and explained how the business has already begun to address them. He also specifically reviewed condition number six which had been imposed upon the application. He said, because the addition adds square footage to the building, there is technically a need for more parking spaces to be added. However, no nursing care beds are being added and therefore the parking expansion is not necessary at this time. The proof of parking agreement is a safeguard for the future in the event the property is sold. Councilmember Kalligher asked for more information about condition number six regarding parking. The Planning and Zoning Specialist stated easements for parking are in existence 6/27/94 -5 - but there is no proof of parking, which the City could require. Therefore, it would be appropriate for a proof of parking to be on file for future reference. Councilmember Kalligher then inquired about the water problems on the site. The Planning and Zoning Specialist said Staff is still reviewing the situation but have not found any apparent cause for water back -up. He said it could possibly have been a temporary problem last year due to heavy precipitation. Councilmember Kalligher asked whether resolution of the water problem could be added to the list of conditions. The Planning and Zoning Specialist said a condition could be added and Commissioner Kalligher asked that it be done. Councilmember Mann asked the applicant, Larry Peterson, whether the garbage collector is complying with the change in pick -up time. Mr. Peterson said the collector has been contacted about the change. Councilmember Mann asked Mr. Peterson whether he plans to arrange to accommodate smokers on his staff. Mr. Peterson noted this is an ongoing problem which he is attempting to control. Councilmember Kalligher asked Mr. Peterson about the water problem. Mr. Peterson said he has spoken with Mrs. Meyer and appreciates her patience. He said the water is blocked and he is willing to work to resolve the problem. Councilmember Kalligher asked Mr. Peterson whether he minded if a condition was added to address the water problem. Mr. Peterson said he did not. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Planning Commission Application No. 94007 submitted by Maranatha Baptist Care Center, subject to the following conditions: 1. Building plans are subject to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 2. A site performance agreement and supporting financial guarantee shall be submitted prior to the issuance of permits to assure completion of all approved site improvements. 3. Any outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. 4. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to the central monitoring device in accordance with Chapter S of the City Ordinances. 6/27/94 - 6 - 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. A proof of parking agreement acknowledging the need to install up to 66 parking spaces on the site shall be executed and filed with the title to the property prior to the issuance of the building permits for this project. 7. A special use permit is granted to the applicant for the expansion of a nursing care facility. Any expansion or alteration of this use shall require an amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 9. The applicant shall eliminate on -site obstructions causing the ponding of water on the northwesterly portion of the property located at 6843 Toledo Avenue North. The motion passed unanimously. DISCUSSION ITEMS BROOKLYN BOULEVARD PLAN A representative of BRW, Arijs Pakalns, presented the final recommendations for the redevelopment of Brooklyn Boulevard. He noted the comprehensive report °which had been distributed. He reviewed the twenty -year plan outlined in the report. Mr. Pakalns stated the goals of the plan were to develop a favorable, well- defined business atmosphere, to accomplish accessibility and circulation, to accommodate regional traffic, and to enhance the visual environment. The actions recommended in the plan are to: 1) remove single- family residential housing north of T.H. 100; 2) establish clearly defined land use districts; 3 increase land use intensities; 4 accommodate regional and local traffic re- g ( routing it); 5) enhance the general physical environment; and 6) develop specific theme treatment which could expand to other thoroughfares and which creates a distinction from adjoining communities. Specifically, Mr. Pakalns said the plan recommends an adaptation of the Earle Brown Heritage Center as a theme. The treatment could be applied to gateways, freeway entrances, corridor markers, and in focal features. Total corridor enhancements are estimated to cost $2.7 million, with Phase I costing an estimated $1 million. Recommendations for initial steps are to establish a zoning district, begin an acquisition program of single - family residences, begin interacting with developers, begin consideration of Tax Increment Financing (TIF) districts, and taking advantage of opportunities that may arise such as the imminent ISTEA grant approval. 6/27/94 -7- Councilmember Scott expressed disappointment a T.H. 100 bridge improvement was not addressed in this report. Mr. Pakalns said it is difficult to do anything with existing bridges and it is not cost - effective to remodel them. Rather, effort for visual effect should be concentrated at the gateways. Councilmember Scott clarified she meant the T.H. 100 bridge, which has edestrian access. Mr. Pakalns then said the bride could be considered in terms P g of the streetscape theme and there are many opportunities, although there is no specific plan at this time. The City Manager commented the plan at this time concentrates on the north end of the City ecause there is currently activ ctivi in p rogress Y Y tY there. P g Councilmember Scott noted this plan would affect Northport Elementary School and a report should be sent to District 281 as notification. The City Manager said notification of school districts would be part of an action process, if adopted. Councilmember M d Mann added District 281 is considerin g its plan at this time so notification should be sent immediately. The City Manager agreed. Councilmember Kalligher asked that the Council be updated on the ,issue of notification. The City Manager said District 279 will be contacted as well. Mayor Paulson inquired what the three or four most critical first steps would be to implement the plan. Mr. Pakalns replied as much as possible should be done with roadway widening, both public and private; the guidelines should be monitored when a developer presents a project; use the streetscape plan when utilizing the ISTEA grant, if approved; and take a team approach with developers. Mr. Pakalns also recommended adopting the design guidelines and reviewing the 69th Avenue North area in terms of size of redevelopment areas and the possibility of having one redevelopment area rather than several. There was a motion by Councilmember Mann and seconded by Councilmember Scott to accept the Brooklyn Boulevard plan as presented by BRW. The motion passed unanimously. The City Manager said a specific resolution will be drafted. Mayor Paulson thanked the task force for its role in the proposal. RESOLUTIONS The City Manager presented a Resolution Providing for the Issuance and Sale of General Obligation Bonds for Street and Storm Water Improvements. 6/27/94 -8 - i The Finance Director presented the details of the sale of special assessment bonds and storm drainage revenue bonds on July 25, 1994. He added selling the bonds together is the best economic scenario. Mr. Robert Thistle of Springsted and Associates explained the company's role is to prepare the bond issues for market. He said on July 25 his firm will accept bids from the financial community. That evening, the bids will be presented to the Council along with a recommendation for approval or disapproval based on the market. Councilmember Scott asked whether bids would be placed on the bond issues separately or together. Mr. Thistle said they would be bid on separately, as governed by state statutes. RESOLUTION NO. 94 -129 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $835,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994B The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Providing for the Issuance and Sale of $1,830,000 General Obligation Storm Sewer Revenue Bonds, Series 1994A. RESOLUTION NO. 94 -130 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,830,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 1994A The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. CITIZEN APPEAL REGARDING CLEAR VIEW TRIANGLE VIOLATION The City Manager stated a citizen was present to appeal a notice of violation of Clear View Triangle at June Avenue and Bass Lake Road. The Director of Public Services noted there have been calls from citizens and concern shown by members of the City's street department and maintenance crew concerning this intersection. Slides were noted to show trees overlying the sidewalk which should be trimmed to twelve feet to comply with the Ordinance. She added the trees that do the most to obstruct the view of traffic are not in the clear view triangle, but are on this resident's property. 6/27/94 - 9 - Councilmember Kalligher inquired what action Staff desires. She also expressed concern the problem wasn't handled before this point. The Director of Public Services said until this year the Clear View Triangle Ordinance was not being enforced and there was not a tree ordinance; now, Staff has authority in these situations. Councilmember Kalligher asked how the trees should be cut. The City Manager said some tree owners trim up to a certain height and some cut the tree down. He added most trim up five or six feet. The Director of Public Services said some people remove branches on the street side only. She mentioned the option of beginning by trimming on the street side and going from there. Councilmember Rosene stated part of the Ordinance is good but some of it seems a little strict. Moving the cones to 35 feet rather than 50 feet might accomplish the same purpose, and six feet up seems appropriate. The City Manager said the obstruction is for June Avenue, which has a stop sign. He said slowing traffic on Bass Lake Road would be a help. He also noted vans, minivans, and trucks are higher than passenger cars. Councilmember Rosene said six feet is high enough. The City Manager explained the City works with people on these issues. The Director of Public Services said complaints like this almost always involve evergreen trees. She added snow adds weight to the branches and ten feet is above the center line of the street - it could be seven or eight feet over the lawn. Councilmember Mann expressed concern to the City Attorney about whether other citizens could come back with complaints that they were treated differently if this case were treated differently. The City Attorney said there is not a legal concern because each property has a unique set of circumstances and the City is not reacting arbitrarily. Councilmember Scott mentioned she had driven in this area in both her van and her car. She said in the van she could see while driving, but in the car she had to go across the sidewalk in order to see. The trees probably should have been trimmed and she was surprised there have been no accidents there. She suggested the applicant be given the chance to trim the trees. She asked the City Attorney whether the City could be held liable tY Y h' for not enforcing the Ordinance. The City Attorney said the City could, of course, be sued but there is not a real liability problem in this case. The City would be found to be immune but, of course, there would be legal fees and expenses involved. The City Manager noted the circumstance is different when there is a stop sig n present, and therefore the City has some latitude on enforcement. Councilmember Kalligher asked whether the City Manager meant that the City could do the trimming of the trees. The City Manager said he would rather work with the resident than have the City's Maintenance Department do the trimming. 6/27/94 - 10- Councilmember Kalligher asked whether that is an option and the City Manager replied it is. Mona Hintzman, 4018 - 58th Avenue North, spoke and mentioned the slides had not shown the view to the west. She said once you are past that area you can see that the neighbor's fence blocks the traffic view worse than the trees. The trees are not a problem. She said people polled have said the fence and the speed of traffic are the problems. She said the trees are 30 years old and only one hangs over the street. She said the trees do help stop the salt and exhaust fumes from bombarding her property. She said she was glad to hear the City will work with her since she had been told she had to trim the trees to 7 feet. She commented if 5 or 6 trees were trimmed, all the rest would need to be trimmed as well. She said she was willing to work on trimming the fronts but she would need a couple of weeks to accomplish it. The City Manager proposed two or three weeks be allowed to resolve the situation at a happy medium. He suggested someone from the City could help Mrs. Hintzman. He added it is not possible for there to be an Ordinance to cover every circumstance. He recommended the Council ask Staff to work with Mrs. Hintzman to resolve the situation in a mutually acceptable fashion. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher that Staff and citizen work to o a mutually satisfactory agreement and a report be presented by the second meeting in July. The motion passed unanimously. Mrs. Hintzman agreed. RECOMMENDATION OF THE FINANCIAL COMMISSION REGARDING THE MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION The City Manager explained this is being brought at this time in order to meet a reporting requirement. He said the matter can be deferred until members of the Financial Commission can be present to discuss it. Councilmember Kalligher commented this is a sensitive issue. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to table the issue until members of the Financial Commission are present so that the citizens can be shown how the salary figures were determined. The motion passed unanimously. RECESS Mayor Paulson called a recess at 8:58 p.m. The City Council reconvened at 9:17 p.m. REQUEST FOR PROPOSALS POLICE DEPARTMENT MANAGEMENT CONSULTANT The City Manager said the draft has not been tested against the original estimates, which could be done in a couple of weeks. 6/27/94 Councilmember Rosene stated he initially had been in favor of a consultant being hired; however, he said he feels at this point the litigation needs to be resolved in the courts. He stated the figures for the cost of this report are astronomical and he has lost his enthusiasm for the matter. He said he is not sure that it is worth the time and the money for the end product. Councilmember Kalligher agreed. She said an attorney has been hired to handle the investigation and she did not agree with spending this amount of money until that investigation is completed. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to table the matter of Request for Proposals. Councilmember Mann said it is important to move ahead. There is nothing wrong with sending out the request for proposals to just go ahead and get specific costs. Then, the requirements could be honed down; but, some things are very important. She said 2D could be eliminated as that information will come out in Discovery. Councilmember Kalligher asked how much will be covered. She expressed concern there would be a duplication of information and also people might become unwilling to talk with more investigators. The City Attorney said it is likely that, to a certain extent, Discovery will generate the information needed on almost all of the areas. He added the investigating attorney may not be as objective as a consultant but, again, the information will be generated. He said it may be possible to take steps with the Request for Proposals (RFP), before the litigation goes too far, to get a ballpark figure. In one way it would be good to wait until the litigation is resolved, but there are reasons not to wait. Councilmember Kalligher asked whether Council will be able to use the attorney's information. The City Attorney said copies will be available of much of what is generated by the investigating attorney. He added depositions will be available in the relatively near future and there will be a trial transcript. Councilmember Kalligher said those documents will be useful in the RFP. Councilmember Kalligher questioned whether there would be duplication once the court document is received. The City Manager said that would be true. Councilmember Kalligher stated the RFP consultant could be given the court documents, thereby cutting down on expenses. The City Attorney agreed that would be helpful. He added if all things were equal it would make the most sense to wait. Councilmember Rosene said the ongoing lawsuit is having an effect on people being willing to discuss it. Therefore, the results might not be the ones desired. 6/27/94 - 12- Councilmember Mann asked whether any residents were present who wanted to comment on the matter. Councilmember Kalligher called the question. The motion was to postpone the RFP until further into the litigation by the attorney so the information can be transferred. Roll call vote: Councilmember Kalligher, aye; Councilmember Rosene, aye; Councilmember Scott, aye; Mayor Paulson, aye; Councilmember Mann, nay. The motion passed. PRESENTATION OF PAVEMENT MANAGEMENT PROGRAM The City Manager mentioned this program is in its final stages. The City Engineer reviewed the pavement management program. Councilmember Rosene said he would like to see a video of the non - destructive testing process. The City Engineer said he agreed and intends to prepare a video when the program gets to that level. The City Engineer explained the lifespan of streets is 20 years and many in Brooklyn Center are older. None are in "horrible" condition, due to an intensive maintenance program. However, as streets age it becomes more expensive to keep them at the same level. He said all streets are rated from 0 to 100; the bulk of Brooklyn Center streets are in the 60 to 80 range. Most are at a point where they need overlays. Seal- coating is not enough, but most are not yet at the point where they should be dug up. Some streets should be left alone until they are completely redone because it wouldn't be cost - effective to do anything at this point. Sixty percent of streets can benefit from overlay; 21 percent need to be replaced; and 19 percent are routine. He said the goal is to do the right thing to the right street at the right time. On the previous street maintenance program, Brooklyn Center would soon have begun losing ground rapidly. The program addresses keeping on a schedule and keeping ahead. Councilmember Kalligher asked what year of the program is currently underway. The City Engineer said this is year 1/2 on a 10 -year projection and it is necessary to have a program to not lose ground - to know how much money to spend and where to spend it. He also stated Staff would like to use a PC to show the program to the Council, as well as a video of data collection to show the process. Councilmember Scott asked whether, with the current technology, it will be possible to design streets better by knowing the substructure before construction. The City Engineer said that is true and much has been learned in data collection. The Director of Public Services said the Pavement Management Program, a computer program, is a tool. She said an annual expenditure of less than $1.5 million is achievable, and helps with maintenance. She said the backlog right now is $17 million if every present need were answered now. She said an attempt is being made to merge the storm sewer and water management plans, etc. in order to form a comprehensive plan. She said there is 6/27/94 - 13 - indication that about $1.5 million needs to be invested each year in order to keep working away at the backlog. She said if nothing were done, in 10 years, the actual cost would be $36,800,000. If the program is used, the figure after 10 years would be $19,100,000. She reiterated this presentation is an overview of the program to set the stage for recommendations at coming meetings. Councilmember Kalligher asked whether the issue will be put on a Work Session agenda. The City Manager said it would and Staff would be bringing far more information, including hands -on work with the computer. He said scenarios can then be discussed and tests run on them in 1995. Councilmember Kalligher asked whether Staff would provide more materials at the Work Session. The City Manager said more material will be provided at that session, either on Council agenda or a Work Session. The Director of Public Services commented Staff is not asking for a decision but is only introducing a few concepts; however, the graphs will be provided. There was a motion by Councilmember Scott and seconded by Councilmember Mann this matter be put on an agenda for a Work Session as soon as possible. The motion passed unanimously. The City Engineer stated there would be a lengthy report available before the Work Session. STAFF REPORT REGARDING HUMBOLDT AVENUE TRAFFIC CONTROL The City Engineer stated he would prefer to respond to questions than to read the report. Councilmember Rosene questioned the portion on geometrics concerning the crossing traffic on 69th Avenue. He stated he was under the assumption there was a problem. The City Engineer stated there was not an overwhelming accident history at that location. Mayor Paulson asked whether there is a standard for an acceptable level of accidents. He said it seemed to him it would be sensible to fix a bottleneck which is causing drag racing. He commented facts are necessary along with opinion. The City Engineer said he could share the analysis and counts of the location, but as long as two lanes exist - regardless of the markings drivers will compete for the one upcoming lane. The only change with this proposal is it would become illegal and then there would be an enforcement situation. Councilmember Rosene expressed concern that there had been word that a 32 -foot roadway with parking on one side was not acceptable under State Aid; however, in September that was presented as an option. He wondered why the neighborhood was shown an option that didn't exist. The City Manager said he believed that idea had come from the neighborhood rather than Staff. He added a Level of Service analysis with results of D or better is necessary before State Aid would approve a 32 -foot roadway for Humboldt. 6/27/94 - 14- Councilmember Kalligher stated at the February 14 meeting she thought it was stated it had to be 36 feet. Mayor Paulson asked what had happened since it had sounded like it would go O.K. The City Manager said that was with a 30 -foot roadway not a 32 -foot roadway, and any changes made it less feasible to construct in 1994. He said the only assurance staff gave was a 30- foot roadway with no parking, and even that was questionable in regard to completion of construction this year. The City Manager said the option was to request a variance for the 32 -foot roadway. The Director of Public Services said Staff had been instructed to, upon notice from State Aid, present a resolution for the variance, and that was done. Councilmember Kalligher asked whether a motion is needed to approve the resolution. The Director of Public Services said yes. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the resolution. The City Engineer mentioned there will be a cost involved in preparing a report for the variance. Councilmember Kalligher asked the City Engineer if he knew a cost figure or if he would report later on an amount. The City Manager said the process can begin before an amount is known. The City Engineer asked to clarify the proper procedures for State Aid. Until the report was approved or rejected, it would not have been appropriate to give detailed plans to Mn/DOT. He said some people had expressed confusion on this point. Mayor Paulson asked whether it is too late to begin work this year. The City Engineer said it is. Councilmember Rosene said work could begin in early spring of 1995. The City Engineer said it would depend on the Council's actions. He said he expected approval or denial of the variance request by the end of September. Councilmember Kalligher asked whether it would then be on the agenda at the first of October, and she called the question. The motion passed unanimously. 6/27/94 - 15 - The City Engineer asked whether the Council wished any action on any Humboldt situation. Councilmember Mann requested the No Right Turn which has been installed be watched for violators. The City Manager answered there have been officers watching and it will be worked on. Mayor Paulson asked whether the last decision was to have a Right Turn Only at 69th Avenue. Councilmember Scott said a left turn had been suggested. The City Manager said no specific action was taken. He asked whether Council wanted Staff to implement any action on Humboldt. Councilmember Rosene questioned the addition of a stop sign on 67th Avenue and Humboldt. The City Manager said Staff is reluctant to put a stop sign there because there cannot be a center line stop sign and traffic does not anticipate a stop sign on a T intersecron; therefore, there are safety implications. Councilmember Scott said she is concerned about pedestrians. She asked Staff to consider a pedestrian crossing and maybe a pedestrian crossing light. The City Manager said the Traffic Committee could investigate and report back. Councilmember Rosene asked about the status of crosswalks. The Director of Public Services said crosswalks have been repainted. REPORT ON COPS PROGRAM/HUMBOLDT AVENUE SUBSTATION Mayor Paulson said the recommendation is in the report - to proceed to suspend the program for the summer only. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to accept the report and direct the City Manager to proceed with the process recommended in his report. Councilmember Scott asked when the next shift bid is. The City Manager answered the end of September. Mayor Paulson asked whether the officers have already been reassigned. The City Manager said he has been unable to confirm this. Mayor Paulson asked the City Manager to investigate this question and also how the decision was made. The City Manager said he will confirm it. Councilmember Kalligher called the question. 6/27/94 - 16 - Mayor Paulson commented the report does not address the officers. The City Manager said it does say an officer will be there but in the summer the officers will be rotated and by September 1 there will be a re- evaluation. Roll call vote: Councilmember Kalligher, aye; Councilmember Rosene; aye; Councilmember Scott, aye; Mayor Paulson, nay; Councilmember Mann, aye. The motion passed. AUDITOR'S MANAGEMENT LETTER AND MANAGEMENT RESPONSES; AUDITOR'S REQUEST FOR PROPOSALS There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to table the items due to the late hour. There was a discussion and consensus reached to move the item to the July 25, 1994, Council meeting. The motion passed unanimously. DUPONT AVENUE NORTH Councilmember Mann said people from the neighborhood are concerned about children crossing. The City Manager said the situation could be investigated. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher for Staff to investigate crossing considerations on Dupont Avenue North. The motion passed unanimously. WILLOW LANE PARK PLAYGROUND EQUIPMENT The City Attorney brought up the issue of Willow Lane and the playground equipment. He said he is uncomfortable with a couple of changes dealing with the liability on the playground equipment. He said originally the agreement was that at a certain point the school district would assume responsibility. He drafted the agreement to state the City would not have any duties for policing, maintaining, etc. of the equipment. The school district attorney has told the school district it must be a shared liability. The City Attorney said shared liability is not the best situation but it is acceptable to be named as a second - party for liability purposes. He added the district now wanted to share responsibility for improvements necessitated by Americans With Disabilities Act. Again, he said the arrangement is acceptable but differs from the original agreement. The intention was for it to be a turn -key agreement but it has become a joint venture. Councilmember Mann asked whether the City would have one -half liability on all of the playground or just the equipment. The City Attorney answered that would depend on where the negligence was in a particular situation, but the exposure would be no greater than that of City parks. 6/27/94 - 17 - Councilmember Mann asked whether this arrangement is like the arrangement with Evergreen. The City Manager answered it is not because in that case the PTO constructed the playground; this time, the City was responsible. It is acceptable to be named as an additional insured. Councilmember Mann commented the City is not accepting any additional liability. Councilmember Rosene mentioned the polling of residents concerning the removal of tennis courts. The City Manager said the tennis courts are not involved in this issue. The Director of Public Services agreed. Councilmember Rosene expressed concern that school latchkey programs be given priority on using the playground after school hours. The City Attorney said the school board has power over the grounds and can delegate that authority to the latchkey program. The City Manager agreed that is already in effect. RESOLUTIONS - CONTINUED RESOLUTION NO. 94 -131• Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1994 -31, PLAYGROUND EQUIPMENT REPLACEMENT AT WILLOW LANE PARK The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -132 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 PAY PLANT, AUTHORIZING UPGRADE OF ONE ENGINEERING SECRETARY POSITION TO PUBLIC SERVICES ADMINISTRATIVE AIDE The Director of Public Services presented a report about this upgrade and mentioned the annual salary would be increased to $26,000 to $27,000. Councilmember Mann asked whether this person is doing the tasks presently. The Director of Public Services said this person is doing many of the tasks but does not have the authority to do all of them. Councilmember Mann noted no one is being hired, just upgraded. Her observation was confirmed. 6/27/94 -18 - Mayor Paulson commented he liked the portion of the job description which mentions coordinating volunteers, as volunteers are important. Councilmember Rosene asked whether this person is in the exempt category now and in the future if this upgrade is approved. The Director of Public Services said the category is non- exempt, both now and with the change. The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. Councilmember Rosene questioned the funding for this position. He was told vacancies within the department would contribute. RESOLUTION Member Kristen Mann introduced the following resolution and moved its adoption: DECLARING DISAPPROVAL OF THE ACTIONS OF A COUNCILMEMBER Councilmember Kalligher commented to the City Attorney there are two pending claims and a threatened litigation, so this cannot be discussed at this time and should be tabled. The City Attorney said the release of data is currently the subject of two different claims; it would be appropriate to address the issue in executive session. Claims could be discussed, but it is not necessary to discuss them at all. He added a motion to table is always in order. There was a substitute motion by Councilmember Kalligher and seconded by Councilmember Scott to table the resolution. Roll call vote: Councilmember Kalligher, aye; Councilmember Rosene, aye; Councilmember Scott, aye; Mayor Paulson, abstention; Councilmember Mann, nay. The motion passed. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:59 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial 6/27/94 - 19-