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HomeMy WebLinkAbout1994 07-11 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 JULY 11, 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, Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Director of Community Development Brad Hoffman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Council Secretary Barb Collman. Councilmember Barb Kalligher was excused from tonight's meeting. OPENING CEREMONIES Ulyssess Boyd offered the invocation. 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 There were no council reports given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. No requests were made. There was a motion by Councilmember Mann and seconded by Councilmember Scott to ° approve the July 11, 1994, agenda and consent agenda as printed. The motion passed unanimously. 7/11/94 - 1 - APPROVAL OF MINUTES JUNE 21, 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of June 21, 1994, special work session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -134 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPOINTING NANCY GOHMAN AS RESPONSIBLE AUTHORITY FOR PURPOSES OF THE MINNESOTA GOVERNMENT DATA PRACTICES ACT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -135 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPOINTING NANCY GOHMAN TO THE BOARD OF DIRECTORS OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -136 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -137 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN MCC BEHAVIORAL CARE AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM 7/11/94 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -138 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 07/11/94) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -139 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION FINANCIAL STATEMENTS FOR THE CALENDAR YEAR ENDED DECEMBER 31, 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -140 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO. 1992 -29 (STORM WATER POND) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 West River Road Brooklyn Center Community Center 6301 Shingle Creek Parkway Lynbrook Bowl 6357 North Lilac Drive Scoreboard Pizza 6818 Humboldt Ave. N. AMUSEMENT DEVICES - VENDOR American Amusement Arcades 850 Decatur Ave. N. 7/11/94 -3- GARBAGE AND REFUSE COLLECTION VEHICLES Browning Ferris Industries 9813 Flying Cloud Drive Twin City Sanitation 279 Meadowwood Lane MECHANICAL SYSTEMS Quality Air, Inc. 7907 5th Street NE RENTAL DWELLINGS Renewal: KMS Management, Inc. Shingle Creek Apartments Patsy Stuva and Rickie Stuva 6413 Brooklyn Drive SIGN HANGER Stillwater Sign Co. 804 West Laurel Street The motion passed unanimously. PRESENTATION The City Manager called upon representatives of Boy Scout Troops 542 and 529. Boy Scout members from Troops 542 and 529 presented a Certificate of Appreciation to Director of Recreation Arnie Mavis for his support of the troops' Pancake Breakfast event. The Director of Public Services accepted the honor on behalf of the Director of Recreation. Mayor Paulson thanked the Scouts for their attendance and presentation. MAYORAL APPOINTMENT - HOUSING COMMISSION The City Manager noted the vacancy in a position on the Brooklyn Center Housing Commission. Mayor Paulson asked for confirmation of the appointment of Jack Kelly to the position. Councilmember Mann commented both applicants, Jack Kelly and Stephen Reichel, appeared well - qualified but Mr. Kelly's appointment seemed appropriate as his expertise in the field of real estate corresponds with that of the former commissioner in this position. There was a motion by Councilmember Mann and seconded by Councilmember Scott to confirm the appointment of Jack Kelly to the Housing Commission. The motion passed unanimously. Mayor Paulson encouraged Mr. Reichel to submit an application again in the future. He noted this was the second application from Mr. Kelly and the first from Mr. Reichel 7/11/94 -4- DISCUSSION ITEMS STAFF REPORT REGARDING PROPOSED WILLOW LANE PARK MODIFICATIONS The City Manager asked for a report from the Director of Public Services. The Director of Public Services discussed the consideration of changes to Willow Lane Park, particularly the removal of tennis courts, removal or relocation of basketball courts, and relocation of playground equipment toward the school. At the direction of the Council, over 125 survey forms were sent to residents in the area inviting their response to the proposed changes. Staff received 14 survey responses and spoke personally with several residents. In regard to the tennis courts, 5 of the 14 respondents expressed a desire the tennis courts not be removed. One resident close to the courts stated they are not used very much. The Director of Public Services stated the cost of rehabilitating the courts would be $35,000 to $50,000 and she continues to recommend the cost - effective approach is to remove the courts. She added other tennis courts are available to adequately serve the needs of residents, and the cost of rehabilitation cannot be justified on the basis of use. A greater response was received concerning the basketball courts. Residents stated the courts are used regularly and should not be removed. The Director of Public Services commented the basketball courts could be relocated to the present location of the tennis courts if they are removed. Survey responses from parents of preschoolers showed uneasiness about preschoolers playing in close proximity to school children (during recess times and lunch times) with the relocation of park playground equipment nearer the school. The Director of Public Services suggested the design of a specialized "tot" area in addition to the planned relocation of equipment. This "tot" area would be located farther from school in a pleasant area and would include some landscaping and a few pieces of specific equipment for preschoolers. She added equipment is available from storage or other parks so the arrangement would not be difficult. The City Manager commented there was a similar situation at Evergreen Park. Even though there was tot equipment, small children were still attracted to the other equipment. However, the addition of a tot area certainly helps for the times the school children are using the regular equipment. Councilmember Rosene said he appreciated the effort made to obtain input from the nearby residents. Although the project was delayed in order to do the survey, he felt the overall plan is now improved. Councilmember Scott thanked the Director of Public Services for the work done on this project. She said the new plan will solve the neighbors' concerns. 7/11/94 -5 - Mayor Paulson verified the tennis courts will be replaced with the relocated basketball courts. He questioned the cost of $35,000 to $50,000 to rehabilitate them, and whether the material used is the same for the two types of courts. The City Manager said the base is the same material but the surface material is different. Basketball courts usually have a blacktop surface, while tennis courts require a specialized surface, as well as a larger area. Tennis courts are more expensive to build because they require a larger area, a specialized surface, and a fence. Mayor Paulson asked whether expanding parking would Ieave room for tennis courts. The City Manager replied it would not. Mayor Paulson noted the plan now is better than the original design. He said the plan supports the park theme. He also said as a matter of policy an attempt should be made to provide a diversity of activities provided at the parks, not just current fad. The City Manager mentioned differences in park make -up over the years, including the addition of walking trails in the 1980s. He said 10 to 15 percent of park development fluctuates. Councilmember Mann commented this project is a smart move. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to go forward with the modifications of Willow Lane Park, including removing the tennis courts, expanding the parking lot, relocating the basketball courts, developing a tot area. The motion passed unanimously. STAFF REPORT REGARDING PROPOSED CITY HALL REMODELLING The City Manager reviewed that Staff had been authorized to obtain more detailed estimates regarding City Hall remodelling. The City Manager presented a Resolution Authorizing Development of a Request for Proposal (RFP) for Professional Services, Improvement Project No. 1994 -32, City Hall Remodelling, and Amending the Appropriation. The Director of Public Services reviewed the three objectives of the proposed remodeling: to provide additional space for the Police Department; to provide adjustable, ergonomically correct workstations for employees who regularly use computers; and to provide for additional and more efficient workspace and storage in the upper level of City Hall while correcting code deficiencies and helping meet ADA requirements. In regard to space to house the Police Department, the Director of Public Services outlined three options: to remodel the existing facility, to lease space, or to add temporary facilities. The first option is impractical as all storage space is currently in use and the removal of items currently being stored there to other storage or disks would be cost prohibitive. The 7/11/94 -6- i second option concerned moving some or all of the department off -site. The cost of leasing space for just the investigators, outside of lost benefits related to proximity, would be an estimated $175,000 to $200,000 over a three -year period, plus $35,000 in operating costs. The cost to lease space for the entire department would be prohibitive, at a three -year total of nearly $1 million. The third option was to add temporary facilities. Plans were developed by an architect and another consultant concerning work spaces. The estimated cost for this option is $113,000. She noted the difference from the April estimate of $70,000 was related the facility being purchased rather than leased. She also added the resale value of the temporary facility and the re -use of the furnishings make an actual cost of $50,000 to $60,000. Mayor Paulson asked whether the facility would be like two trailer homes. The Director of Public Services said they would be like temporary classrooms. Mayor Paulson asked whether the police officers who would be affected have been consulted about the ideas. The Director of Public Services stated the officers desire more working space regardless of the method used to obtain it. The City Manager added the officers are reluctant to be split up, citing operational problems which would arise. He commented the Police Department cannot continue to operate under current conditions. Councilmember Rosene noted the use of trailers would be a short -term solution and the officers would need to realize that. He asked about the implications of a necessary hole in a secure area (police department). The Director of Public Services said the Police Chief has said there will be no compromise in security and that motion detectors and security cameras will be used. She stated the hole would have to be filled at a later date but at that time the area would most likely not house the police department. Councilmember Rosene questioned the safety of having only one exit from the proposed facility. The City Manager said there is an exit in the design. He added the area meets the qualifications of a bomb shelter so cutting a new door would be alright. Councilmember Rosene asked whether the Police Chief is concerned about the temporary structure being broken into. The City Manager answered the structure would be above grade. Councilmember Scott remarked most often someone would prefer to break out of jail rather than into jail. She asked what part of the police department would move to a temporary facility. The Director of Public Services stated that, while no final decision has been made, as of this date, those moving would be the Fire Chief and secretary, the investigators, and the TAP volunteers. Mayor Paulson asked what employees would be moved into the vacated area. The Director j of Public Services noted sergeants and some patrol officers would be moved. The City Manager commented many employees are sharing desks in the one room but the number 7/11/94 -7- I would be cut from 12 to 7 or 8 employees. He added the air system in the room is unable to handle the large number. Councilmember Mann asked whether the chlorine storage will be moved; the Director of Public Services said it would not. Councilmember Mann commented this project should not be undertaken if the Council does not feel it is necessary. She asked why the current fitness room in the community center can't be used by the police department. The City Manager said the size of the room and the type of equipment are not adequate. The plan calls for joint use by the police and the firefighters and there are requirements which govern the facilities used. Councilmember Mann asked whether the temporary facility would address the ADA requirements. The Director of Public Services said it would not. Councilmember Rosene questioned the square footage change noted between Table I and the following paragraph. The Director of Public Services explained the 1,500 square feet relates to moving just the inspectors, whereas the 20,000 square feet relates to moving the entire police department. In regard to new workstations, the Director of Public Services noted 13 new stations were authorized in an April meeting. New workstations are needed in response to rising computer- related injuries and upcoming regulations governing the use of computer workstations. Adjustable workstations are recommended. There are also requirements by OSHA which can lead to fines against employers. There is a question of whether failing to provide proper workstations to persons who have been injured or suffer from various back or neck problems can be considered a violation of the Americans with Disabilities Act (ADA). The Director of Public Services reviewed the estimated costs and mentioned the cost for workstations alone equals one -half the amount of the total proposed remodelling project. She added the workstations will be usable regardless of the course of remodelling and that, as employers, the City is responsible for providing a safe and productive workplace. Councilmember Mann inquired about the number of workstations which have been purchased. The Director of Public Services said Staff is in the final stages of selecting the equipment and expect to submit an order within the next two weeks. Councilmember Mann asked whether Table 2 includes all employees. The Director of Public Services said it includes employees who use computers and that number is approximately 80 percent of all employees in upper City Hall. Councilmember Scott asked whether the figures listed for Park and Recreation and City Garage relate solely to workstations. The Director of Public Services said they do. 7/11/94 -8- Councilmember Scott said those figures were high. The Director of Public Services said the base cost for a workstation (chair, frame, files, etc.) is $4,000. Councilmember Scott said she has experience with a cost of $2,600 for a top -of -the -line model including all elements needed. The Director of Public Services said the $4,000 figure is a generous estimate; products vary and some could cost less. Councilmember Scott suggested the Director of Public Services contact her for the name of the less expensive supplier. Councilmember Scott asked whether the existing furniture would be sold. The Director of Public Services said it probably would be sold. The City Manager remarked in some instances employees on different shifts share equipment, so the equipment must be user - adjustable. Workstations which are only used by one employee may be mechanic - adjusted instead. The Director of Public Services next discussed the reconfiguration of the space on the upper level of City Hall for the purpose of meeting ADA requirements and correcting building code problems. She displayed a proposed floor plan and explained the Staff recommendation. Two issues to be addressed are long corridors which violate the building code and the need for an additional meeting room. The Director of Public Services also noted there are a couple of accessibility items which are not addressed by the plan; for example, power doors, ramps, specific employee needs. Some remodelling is proposed for the Community Center. The design shown was preliminary, but more workspace is required at the front counter. More storage is also needed at the Community Center. The total remodelling estimate is $472,000; however, 80 percent to 85 percent of the cost is considered reusable while 15 percent to 20 percent could possibly be lost investment if a City Hall expansion were to occur in future years. Another consideration to be made is the benefit of three years of a safer and more productive environment. Councilmember Mann asked whether cost had been the reason power doors were not added. The. Director of Public Services confirmed this and stated an attempt was made for this estimate to be bare bones. The application of power doors varies, but can cost from $5,000 to $30,000. Councilmember Scott asked what area with benches is being considered for storage. The City Manager explained the benches are upstairs in the Community Center and using that area would be economical. 7/11/94 - 9- Councilmember Scott asked where the entrance would be relocated. The City Manager described moving one window panel to the north. There was a discussion about the design of the entrance area, its function in stopping cold winds, and an "air lock." Councilmember Scott expressed concern the Fire Marshal could penalize the City for the condition of the storage spaces. The City Manager commented the storage areas have been in use for 20 years and storage is always the last element to be considered. Councilmember Rosene asked about a fitness center mentioned for the Police Department. The Director of Public Services said a fitness center is a long -term need which is not addressed in this proposal. Councilmember Rosene mentioned using the facilities the City already has. The Director of Public Services said the fitness center in the Community Center is not large enough and does not have the equipment desired by the Police Department. The Director of Public Services asked Council to consider making a resolution to allow Staff to prepare an RFP to move the project from the preliminary phase into the design phase and to allocate an estimated cost of $915,000 rather than $800,000. She mentioned deduct alternates can still be developed. Councilmember Scott asked whether one company alone would handle the whole project or whether there would be three separate RFPs since there are three different types of work required. The Director of Public Services said a primary consultant would be hired who would then subcontract to specialists. The City Manager commented the City of Crystal recently used that method successfully. There is a question of using construction management or an architect. Councilmember Scott stated she agreed each part should be handled by an expert. The Director of Public Services stated Risk Management would also be involved in the process. RESOLUTION NO. 94 -141 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING DEVELOPMENT OF AN RFP FOR PROFESSIONAL SERVICES, IMPROVEMENT PROJECT NO. 1994 -32, CITY HALL REMODELLING, AND AMENDING THE APPROPRIATION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann. 7/11/94 - 10- Councilmember Rosene questioned whether other new police department facilities could be investigated, and whether members of the Council might arrange tours individually or as pairs, or whether there would be group field trips. The City Manager said the other new police departments in the area were newly constructed rather that remodelled facilities. He added that when the Council Chambers was approved for remodelling there was a video taken of some other facilities. Then, the choice was narrowed down before actual touring. He said that procedure could be followed again, followed by site visits of a few facilities. Councilmember Rosene commented the procedure made sense and asked if it could be arranged. The City Manager asked whether he meant touring facilities to be models for a temporary facility or for an interim period. Councilmember Rosene said he is interested in seeing ideas for the future. Mayor Paulson noted he would vote against the motion because it contained all three elements. He felt not enough was being done for the Police Department, too much was being done with the upstairs of City Hall, and there was not adequate consideration of ADA requirements. He agreed with Councilmember Scott that Staff should look at less expensive suppliers. He added the Council needs to find an ultimate answer to the concerns and that a temporary solution may have a negative effect on a permanent solution. There was a discussion regarding a future bond issue. The Director of Public Services stated Staff has researched permanent solutions. She offered to locate the research and prepare a bond referendum which addresses the Police Department issue. Councilmember Mann asked whether Mayor Paulson was saying he wants the police to work under substandard conditions until a permanent solution is reached. Mayor Paulson said that is incorrect as he had stated the City is not supporting the Police Department well enough, yet the upstairs of City Hall is addressed. He said a facility should be leased if necessary. Councilmember Mann called the question. Roll call vote: Councilmember Rosene, aye; Councilmember Scott, aye; Councilmember Mann, aye; Mayor Paulson, nay. The motion carried. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Providing for the Acceptance of Certain Real Property in the City and Authorizing the Execution of an Agreement Therefor. The City Manager explained owners on 69th Avenue wish to donate a piece of property to the City. The benefit for the owners would be a tax write -off. The property is on the south i 7/11/94 side of 69th Avenue west of Neil's Total Station. The Council has the opportunity to accept donation of the property. r The Director of Community Development gave details of the proposal. The Director of Community Development said if the City accepts the property it will then control the development of the property. He said the property could be key in long -term development. The City could keep the property from becoming multi- family since it's zoned for 10 units. RESOLUTION NO. 94 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ACCEPTANCE OF CERTAIN REAL PROPERTY IN THE CITY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Councilmember Rosene asked whether re- zoning of the property could be accomplished quickly. The Director of Community Development said it could be re -zoned but he questioned the purpose of doing so. He said the City would already control development. Councilmember Rosene said he did not mind closing the option of R5 zoning. The motion passed unanimously. The City Manager presented a Resolution Giving Preliminary Approval to the Issuance of Tax- Exempt Bonds and Authorizing Application for Allocation of Bonding Authority. He explained that within the past two weeks, a new ownership group has expressed interest in purchasing Four Courts Apartments. This group is also interested in seeking an allocation for revenue bonds for the purchase and rehabilitation of the project. This resolution would provide preliminary approval of the issuance of the bonds. The revenue bonds do not affect the debt capacity of the City. The Director of Community Development provided more details on the matter. He said July 25, 1994, is the application deadline. He also said the Community Development Specialist and he had researched the history of project management in other communities and have now decided it would be in the best interest of the City. The Director of Community Development said, based on Dominium's reputation in Bloomington, Dakota County, Duluth, etc., it will be strong management. He mentioned maintenance at the facility has been good but it is now time for long -term corrections. 7/11/94 -12- The Director of Community Development recommended the resolution subject to fees which will be assessed. He said a fee policy for this and future projects will be presented at the next Council meeting. Representatives of the ownership group, Paul Sween and Jim Winkels, were present to answer questions. Councilmember Scott complimented the representatives on the make -up of the management team. She said it is well organized. She then asked how the Four Courts complex came to the group's attention. Mr. Sween said this will be the fifth acquisition for the company this year so normal channels who know the group wants this kind of investment produced the match. Councilmember Scott asked when the group would take over Four Courts. Mr. Sween said it would probably take over in fourth quarter of 1994. Councilmember Scott commented she liked the group's goal of being a good neighbor and wished the group good luck. Councilmember Mann asked Mr. Sween about the possibility of having three - bedroom units. Mr. Sween said the group's intention is to rehabilitate the complex as it is now. Although three- bedroom units are not in the current plan, the group would look at that option if a survey showed it was needed. Mayor Paulson encouraged the representatives to maintain the current composition of the site. He also urged the complex can be turned around. RESOLUTION NO. 94 -143 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX - EXEMPT BONDS AND AUTHORIZING APPLICATION FOR ALLOCATION OF BONDING AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented a Resolution Authorizing Condemnation Proceedings, Improvement Project Nos. 1992 -29 (Storm Water Pond) and 1993 -18 (MTC Park and Ride). The City Manager explained negotiations will continue but this procedure starts the 90 -day clock. He mentioned there will probably be cooperation from most but problems with a few. RESOLUTION NO. 94 -144 Member Celia Scott introduced the following resolution and moved its adoption: 7/11/94 - 13 - RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS, IMPROVEMENT PROJECT NOS. 1992 -29 (STORM WATER POND) AND 1993 -18 (MTC PARK AND RIDE) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Mayor Paulson noted he was able to vote on the resolution as there is no longer a conflict of interest regarding the MTC. ADJOURNMENT There was a motion by Councilmember Celia Scott and seconded by Councilmember Dave Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:37 p.m. - n Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman Timesaver Off Site Secretarial 7/11/94 - 14 -