Loading...
HomeMy WebLinkAbout1994 07-25 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 25, 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, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, City Engineer Mark Maloney., City Attorney Charlie LeFevere, and Council Secretary Barb Collman. OPENING CEREMONIES Rev. Johnson 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 Mayor Paulson read the names of recent winners of $50 certificates in the recycling program Councilmember Rosene presented an idea for the Council, once each year, to pass a resolution honoring individuals who have attained the highest pinnacle of their youth organizations. He explained the effort would help to combat the "bad press" received by youth as well as to place focus on the positive actions of youth. The City Manager stated the suggestion would be included on the next agenda as a discussion item. Mayor Paulson agreed. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. The City Manager stated item 9c should be changed from the consent agenda to a discussion item. 7/25/94 - 1 - There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the July 25, 1994, agenda and consent agenda as printed. The motion passed unanimously. APPROVAL OF MINUTES JUNE 27, 1994 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the minutes of June 27, 1994, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -145 Member Dave Rosene introduced the following resolution and moved its adoption: EXPRESSING RECOGNITION AND APPRECIATION OF DWIGHT JOHNSON FOR HIS DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -146 Member Dave Rosene introduced the following resolution and moved its adoption: APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO.1992- 29 (STORM WATER TREATMENT POND) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -147 Member Dave Rosene introduced the following resolution and moved its adoption: ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1993 -19, CENTRAL GARAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. i 7/25/94 -2- RESOLUTION NO. 94 -148 Member Dave Rosene introduced the following resolution and moved its adoption: AUTHORIZING THE DEVELOPMENT OF A REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NOS. 1992 -29 STORM WATER TREATMENT POND, 1993 -18 MTC PARK AND RIDE, AND 1994 -13 65TH AVENUE RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -149 Member Dave Rosene introduced the following resolution and moved its adoption: PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, PUBLIC UTILITY REPAIR ACCOUNTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -150 Member Dave Rosene introduced the following resolution and moved its adoption: DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1994 -01 (JAMES/KNOX/54TH IMPROVEMENTS) AND 1994 -11 (NORTHWEST AREA IMPROVEMENTS) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -151 Member Dave Rosene introduced the following resolution and moved its adoption: DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 07/25/94) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 7/25/94 -3 - RESOLUTION NO. 94 -152 Member Dave Rosene introduced the following resolution and moved its adoption: ACCEPTING BID AND AUTHORIZING PURCHASE OF A LIQUOR INVENTORY CONTROL SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Theisen Vending Company 3804 Nicollet Ave. S. AMUSEMENT DEVICES - VENDOR Days Inn 1501 Freeway Blvd. Ground Round Restaurant 2545 County Road 10 Holiday Inn 2200 Freeway Blvd. GARBAGE AND REFUSE COLLECTION Randy's Sanitation, Inc. P.O. Box 169 Waste Management - Blaine 10050 Naples St. NE RENTAL DWELLINGS Renewal: CHDC Ltd. Partnership The Ponds Dion Properties, Inc. 5740 Dupont Ave. N. Gary Anakkala 5412 - 12 1 /2 Fremont Ave. N. Fredric M. Guthrie 5843 Fremont Ave. N. KMS Management, Inc. 3401 - 13 47th Ave. N. Dwaine Nelson, Harriet Steile 620 53rd Ave. N. SIGN HANGER The Sign Installers 6224 Bloomington Ave. The motion passed unanimously. 7/25/94 -4- DISCUSSION ITEMS NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE REPORT REGARDING INTERIM TRAFFIC IMPROVEMENTS FOR HUMBOLDT AVENUE The City Manager stated the Staff's duty was to report back to the Council on this issue. He stated the chairman of the task force, Frank Slawson, would make the report. Mr. Slawson reviewed the six suggestions made by the task force. They were: 1) The two newly installed Stop signs at 70th and 72nd should remain until such time as the roadway is permanently improved. 2) The City should increase enforcement of Stop signs and speed limits. 3) The SMART trailer should be utilized more often to monitor and control speed. 4) The City should consider instituting a Neighborhood Speed Watch group. 5) The City should request Mn/DOT to conduct a study of the impact of an hourly closure or the total elimination of the free right turn from T.H. 252 to Humboldt Avenue. 6) Leave in place the sign prohibiting right turns from 73rd Avenue onto southbound Humboldt Avenue. Councilmember Scott questioned the purpose of a "Speed Watch group." Mr. Slawson said the group, as he understood the idea, would act in a manner similar to a Crime Watch group. Participants would be trained to observe traffic for speeding, possibly including the use of radar equipment, then would report violations directly to the Police Department. Councilmember Kalligher asked how the system would work in terms of cooperation with the Police Department. The City Manager said the plan would require evaluation. He added such a program has been used in Oregon in conjunction with the SMART trailer, a radar unit connected to a 8' by 5' by 4' display board which displays the speed on approaching traffic. He said volunteers record the license plate numbers of offenders and later the offenders are sent a letter from the Police Department. The City Manager stated the problem with such a program would be assuring the accuracy of the license plate numbers. He recommended the matter be turned over to the traffic advisory committee for a report. Councilmember Kalligher noted information is also needed on the neighborhood watch group. 7/25/94 -5 - Councilmember Rosene commented the task force is still in the early stages of its work but the effort so far is appreciated. He also mentioned he had heard the group does not always work well together and felt it was necessary to remind members of the task force they are on the committee by mayoral appointment and the appointment can be reversed if necessary. Councilmember Kalligher asked whether representatives of Mn/DOT have been present at task force meetings. Mr. Slawson said they have been present. Councilmember Kalligher inquired whether Mn/DOT representatives have been receptive to suggestion five (a study by Mn/DOT). Mr. Slawson said the representatives from Mn/DOT have been receptive to most of the committee's ideas but suggestion five, in particular, is more of a Brooklyn Park situation due to the risk of losing State Aid. He said there has been discussion on the issue, there has been knowledgeable representation from Brooklyn Park, and Mn/DOT has been helpful. There appears to have been a reduction of traffic problems and time will tell if it continues. The City Manager asked Mr. Slawson whether it would be appropriate for the Council to ask Staff to contact Brooklyn Park concerning joint cost and evaluation. Mr. Slawson agreed it should be a joint request. Mayor Paulson said that approach would have the most impact in addressing the problem. He asked Staff to work with Brooklyn Park, in terms of suggestion five. There was a motion by Councilmember Scott to accept the six suggestions of the task force regarding Humboldt Avenue improvements and to direct Staff to work with Brooklyn Park in obtaining service from Mn/DOT. Councilmember Rosene asked whether the motion included the consideration of a Neighborhood Speed Watch group. Councilmember Scott said it did since the Speed Watch group is suggested in number four. Councilmember Kalligher seconded the motion. Mayor Paulson thanked Mr. Slawson and the task force, commending them on a job well done. Mr. Slawson noted the work is not yet completed. The motion passed unanimously. STAFF REPORT REGARDING PROPOSED 1995 NEIGHBORHOOD STREET IMPROVEMENT PROJECTS The City Manager presented a Resolution Authorizing the Development of Feasibility Reports for Proposed 1995 Neighborhood Street Improvement Projects. 7/25/94 -6- The Director of Public Services explained an authorization from Council is needed to begin the process, which includes obtaining feasibility reports and involvement of the residents of the neighborhoods. Most upcoming projects are associated with storm drainage concerns. The Director of Public Services described the four projects for 1995 in general, and mentioned two are established projects which are being carried over from 1994. The two new projects which the resolution would establish are the Woodbine neighborhood and 57th Avenue from Logan to Camden. In regard to the Woodbine neighborhood, the Director of Public Services stated preliminary indications show the project is supported by the residents. The area of 57th Avenue has unique needs regarding storm drainage analysis and would best be handled by an experienced consultant. A Request For Proposals (RFP) is requested to obtain Phase II level analysis and design of improvements. Councilmember Mann asked whether neighborhood meetings will involve discussion of the 30 percent assessment. The Director of Public Services said residents will be told the existing policy is currently under review and could change. She added 30 percent is an average assessment. Councilmember Mann asked whether continuation of a 30 percent assessment over the 20- year period would be sufficient. The Director of Public Services said it would depend on the level of comfort the Council has with levying bonds or raising utility rates to make up the difference. Councilmember Mann asked if there would be continual levies over the 20 years. It was confirmed there would be. Councilmember Rosene asked whether there would be bonding every year. The Director of Public Services said there would. Councilmember Rosene commented that would result in considerable debt. The City Manager agreed, but added it is normal for cities to carry that kind of debt. He said Staff would suggest there be a review of the program after the preliminary work but before the neighborhood meetings. Councilmember Rosene commented it has been shown it is essential for the City to be involved in a 20 -year program but he is not happy about a debt of $2 million per year. The City Manager again said that amount is not overwhelming for a city of Brooklyn Center's size and fiscal capacity. He said it will be a cost but it is not overloading and the fiscal agents are comfortable with it. 7/25/94 -7- Councilmember Rosene said after 20 years the roads will be in great shape, so what is being done is making up and it is best to 'bite the bullet" to get it done. Councilmember Mann questioned whether, during the storm water management approval process, there wasn't an understanding there would not be a review again soon. The City Manager said this review falls under the Capitol Improvements Program. Indications now are to maybe move back to special assessments so it will be presented. Staff could suggest an assessment hearing and a project hearing at the same time. He added this is more work at the beginning but time is saved at the end. Councilmember Rosene questioned the wording of item 6 under the resolution, saying "shall be modified" should be "may be modified." The City Attorney said the language is a requirement of the Federal Treasury Regulations on tax- exempt bonds. He said it allows minor technical defects to be handled without Council involvement. Councilmember Rosene stated it would then mean the City Manager would be making modifications without consulting the Council. The City Attorney agreed. Councilmember Scott asked whether Hennepin County had been notified of plans involving 57th Avenue. The Director of Public Services said Hennepin County approval will be needed and contact has been made. Councilmember Scott questioned whether Hennepin County knows the project is scheduled for 1995. The City Manager said it does. Mayor Paulson asked what the design options are for 57th Avenue. The Director of Public Services said there is an opportunity to change the look of the area by reducing the amount of pavement. However, any change is contingent upon the storm drainage issue. Parking and narrowing will be evaluated once storm drainage is assessed but it is early to even discuss the issue. Mayor Paulson questioned whether a third lane, for buses, is a consideration. The Director of Public Services said there might not be enough room for such an option. Mayor Paulson said he would like it to be studied in order to facilitate a transit hub. The City Manager said it will be considered. He added an idea for a bike path under the power line was discussed but it would depend on the storm sewer. The county road ends at Humboldt and traffic numbers lower at that point so maybe two different designs can be discussed. He said all these options could be added to the RFP. Mayor Paulson suggested contacting the transit authorities. The City Manager said Staff is meeting with Park and Ride officials. 7/25/94 -8- Councilmember Mann said she agrees the infrastructure of the roads needs work. However, the assessment used to be 100 percent and is now 30 percent because total reconstruction is not being done. She said the two resolutions are not realistic in terms of the funding available from assessments. The Director of Public Services said it will be six to eight weeks before neighborhood meetings are held. In the time before then Staff will return to Council with ideas. Councilmember Rosene said his philosophy is to keep assessments low (30 percent may be too high) and all residents receive benefit. He said with levies there will be cost year after year, but it is better for a homeowner to pay a small amount yearly than to pay a large amount. He commented it is fine to investigate options but pointed out there are opposite opinions on this issue among Councilmembers. Councilmember Mann asked Councilmember Rosene if he believes residents should have to keep paying year after year. Councilmember Rosene reviewed that, on the 20 -year plan, every street property will be assessed eventually and it is a question of whether the funding will come from an assessment, which is a large amount of money in a short amount of time, or from a levy, which is small amounts of money over a long period of time. He said the number of dollars is the same either way. Mayor Paulson asked whether it has been stated the average assessment is about $1,700. The Director of Public Services said the average amount for an average house on an average street is $1,550. Mayor Paulson noted a 100 percent assessment would result in an amount of three times the $1,550. The Director of Public Services noted some cities do assess at 100 percent. The City Manager commented Brooklyn Park uses a 100 percent assessment. He added a problem comes with demonstrating full value with streets which are only being maintained. A 100 percent assessment is usually used in "developing" communities where streets are being built. Again, the test of added value must be met, which is why a modified approach is recommended. The City Attorney stated ad valorem taxes are collected on the basis of property value. Special assessment taxes must be based on the front footage or some other formula as opposed to property value. Ad valorem taxes are an advantage because they are deductible on the federal level. Special assessment taxes are collected for a specific area, and commercial properties pay for their own improvements but don't help with residential improvements. Use of ad valorem taxes spreads the charge out between commercial and residential properties. Therefore, there are advantages and disadvantages to each type of taxing depending on location. There is no correct answer to the issue. Mayor Paulson questioned whether benefit must be shown if the assessment is appealed. The City Attorney said ad velorum taxes require no justification but special assessments are 7/25/94 -9- unconstitutional unless it can be shown there is a benefit of an increase to "fair market value." Benefit is easy to demonstrate when a new street is built, but not when an existing street is rebuilt. Councilmember Scott noted the issue is complicated and should be put on a work session agenda. She then reviewed a consultant's comments last year concerning special assessments. She noted special assessments can be paid off at any time but bonds go on and on. The City Manager said Council could pass the resolutions but direct Staff to not meet with residents until a later date. Mayor Paulson endorsed the City Manager's suggestion. RESOLUTION NO. 94 -153 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE DEVELOPMENT OF FEASIBILITY REPORTS FOR PROPOSED 1995 NEIGHBORHOOD STREET IMPROVEMENT PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Roll call vote: Councilmember Kalligher, aye; Councilmember Rosene, aye; Mayor Paulson, aye; Councilmember Scott, aye; Councilmember Mann, nay. The motion carried. The City Manager presented a Resolution Authorizing the Development of an RFP for Professional Services for Improvement Project Nos. 1994 -03 and 1994 -04, Street and Utility Improvements, 57th Avenue North, Logan to Camden Avenue. RESOLUTION NO. 94 -154 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE DEVELOPMENT OF AN RFP FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NOS. 1994 -03 AND 1994 -04, STREET AND UTILITY IMPROVEMENTS, 57TH AVENUE NORTH, LOGAN TO CAMDEN AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. Roll call vote: Councilmember Kalligher, aye; Councilmember Rosene, aye; Mayor Paulson, aye; Councilmember Scott, aye; Councilmember Mann, nay. The motion carried. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher the Proposed 1995 Neighborhood Street Improvement Projects issue be placed on the next possible work session agenda and no meetings with residents be held prior to that time. The j motion passed unanimously. 7/25/94 - 10 - r AWARDING THE SALE OF GENERAL OBLIGATION BONDS FOR STREET AND STORM SEWER IMPROVEMENTS The City Manager presented a Resolution Awarding the Sale of $1,830,000 General Obligation Storm Sewer Revenue Bonds, Series 1994A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. The City Manager called on the Finance Director to report on this item. The Finance Director said bids were opened the afternoon of July 25, 1994. The rates were favorable, with lower interest rates than expected. He added the City had retained its Moody's rating of A -1. Bob Thistle, Springsted Incorporated, added the Moody's rating affects the interest rate offered. Mr. Thistle explained, in regard to the first resolution, there were 11 bids received, coming from 25 investment firms. He said he recommended the low bid of 5.2809 percent from Smith, Barney firm from Chicago, Illinois. RESOLUTION NO. 94 -155 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $1,830,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 1994A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher and the motion passed unanimously. The City Manager presented a Resolution Awarding the Sale of $835,000 General Obligation Improvement Bonds, Series 199413; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Mr. Thistle stated this was a smaller issue than the other and only five bids were received. The low bid was by Northwest Investment Services and FBS Investments (a local firm) and was for 5.3398 percent. RESOLUTION NO. 94 -156 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $835,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 7/25/94 IMPROVEMENT PROJECT NO. 1994 -31 PLAYGROUND EQUIPMENT REPLACEMENT AT WILLOW LANE PARK The City Manager explained this item was removed from the consent agenda due to an unexpected development. The Director of Public Services explained Staff had been informed the school district staff had been unable to present the agreement to the school board. She recommended the bid by Earl F. Anderson be accepted and execution of the contract be approved contingent on the pending approval of the school board. RESOLUTION NO. 94 -157 Member Barb Kalligher introduced the following resolution and moved its adoption: ACCEPTING BID AND AWARDING CONTRACT FOR 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 Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:05 p.m. J�An Altj 4�� Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman Timesaver Off Site Secretarial 7/25/94 -12-