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HomeMy WebLinkAbout1994 02-07 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 FEBRUARY 7, 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, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, City Attorney Charlie LeFevere, Public Works Coordinator Diane Spector, City Engineer Mark Maloney, and Council Secretary Kathy Stratton. Councilmember Rosene had called to indicate he would arrive late because of a funeral. OPENING CEREMONIES The invocation was observed with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this evening. Mike Schwartz, 7100 Humboldt Avenue, presented a revised petition regarding proposed Humboldt Avenue improvements with an additional 250 names represented and gave a copy to the City Council for distribution. COUNCIL REPORTS Mayor Paulson read the list of names and addresses of the recent recycling winners and explained they would receive $50 certificates. He encouraged citizens of Brooklyn Center to keep recycling. 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. 2/7/94 - 1 - There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the February 7, 1994, agenda and consent agenda as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -19 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) COMPACT MINIVAN FOR FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -20 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF (1) TANDEM DUMP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -21 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF ONE (1) SIDEWALK SNOWPLOW WITH SNOW BLOWER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -22 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF ONE (1) WATER TANKER AND FLUSHER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 2/7/94 -2- RESOLUTION NO. 94 -23 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DR. FREDERICK W. CAPSHAW FOR HIS DEDICATED PUBLIC SERVICE ON THE AD HOC CITY COMMUNICATIONS TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the following list of licenses: BOWLING ALLEY Beacon Bowl 6525 Lyndale Avenue North Lynbrook Bowl 6357 North Lilac Drive MECHANICAL SYSTEMS Del -Air Heating and Cooling 9834 James Circle RENTAL DWELLINGS Initial: Lonnie and Heidi Amundsen 2816 67th Lane North Renewal: David Zemke 6813 Noble Avenue North TOBACCO RELATED PRODUCT American Amusement Arcades 850 Decatur Avenue North Lynbrook Bowl 6357 North Lilac Drive The motion passed unanimously. APPROVAL OF MINUTES JANUARY 24, 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of January 24, 1994, regular session as printed. The motion passed unanimously. 2/7/94 -3- DISCUSSION ITEMS PERSONAL SERVICES CONTRACT - SY KNAPP The City Manager called attention to the memo in the Council packet which indicated PERA objected to Mr. Knapp's original employment contract because as written it would disqualify him from pension. He said a new contract has been devised through HNTB which was received by the City last week. The City Manager said the City Attorney had reviewed it and wanted to make a few comments. The City Attorney said the contract does not guarantee any of the projects will be completed, and the things listed in it are what Mr. Knapp will work on. He asked the Council to view the contract as a personal service agreement in which Mr. Knapp will provide his expertise at $62.50/hr not to exceed $10,000. He said this is slightly out of the ordinary but is a contract that allows the City to avail itself of the knowledge and expertise of Mr. Knapp during a transition. The City Manager recommended the following language be added: "The allocation of consultant's time and the assignment of priorities among projects shall be subject to the direction of the City Manager. The City Manager may remove any program or project from the scope of work under this agreement and may cancel this agreement at any time." The City Manager said staff recommends the City Council approve this contract. Mayor Paulson expressed his confidence in the current staff and asked what would happen if the contract was not approved, and the City Manager explained some of the current projects on which Mr. Knapp was the exclusive staff member would have to be dropped. Mayor Paulson asked which projects Sy was exclusive on, and the City Manager said Brooklyn Boulevard, City Garage improvements, Water Management at Brookdale, Capital Improvements, and Transit Hub at Brookdale. Mayor Paulson said he was not as comfortable with the contract as it seemed the City would have to pay more for the same amount of service. The City Manager said this arrangement is actually cheaper for the City. There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the new contract. The motion passed. NORTHWEST AREA STREET AND UTILITY IMPROVEMENTS The City Manager introduced the City Engineer to give a report on developments in the Northwest Area improvement project. The City Engineer said the Step 5 meeting had been held for the Northwest area on January 25, 1994, at Willow Lane Elementary. He said out of 130 households notified, thirty -some were in attendance. He indicated the following new issues that had arisen at the meeting: school bus routes, drainage, on- street parking near parks, and impact on individual property 2/7/94 -4- 'r owners. He said no Council action is necessary at this time but there would be a feasibility study presented in the near future. Councilmember Kalligher asked if answers to some of these resident questions would be '4 made available to Councilmembers, and the City Engineer agreed the information would be available. Mayor Paulson asked that Councilmembers be notified of dates and times of these meetings. AGREEMENT WITH MTC REGARDING IMPROVEMENT PROJECT NO. 1993 -18 MTC PARK AND RIDE The City Manager stated this agreement was approved by the MTC Board of Commissioners at its January 25, 1994, meeting. The Public Works Coordinator reviewed the major components of the agreement. She explained MTC will pay for acquisition of 10 properties, and for construction, as well as a 2% administration charge to the City to total approximately $36,000. She said the only item of concern to the MTC is the provision about potential assessments for 65th Avenue improvements. She said in the event the Council chooses to levy special assessments, MTC agreed to pay one -third of that assessment. She gave a proposed schedule for construction 'r of the entire project, which includes the Park and Ride, storm water pond and park, reconstruction of 65th Avenue, and other storm drainage improvements. Completion is expected in late summer of 1995. The City Manager explained they want to get moving on the acquisition and relocation of homes as people are "hanging in limbo" until the decision is made. RESOLUTION NO. 94 -24 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN INTERAGENCY AGREEMENT WITH MTC REGARDING DEVELOPMENT OF A PARK AND RIDE FACILITY IN THE NORTHWEST QUADRANT OF THE BROOKLYN BOULEVARD /65TH AVENUE INTERSECTION, IMPROVEMENT PROJECT NO. 1993 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. Mayor Paulson abstained from voting because of his service on the Metropolitan Transit Commission. 2/7/94 -5- RESOLUTION NO. 94 -25 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING STAFF TO SOLICIT PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO LAND ACQUISITION AND RELOCATION SERVICES, IMPROVEMENT PROJECT NO. 1993 -18, MTC PARK AND RIDE, AND 1992 -29, STORM WATER TREATMENT POND AT I694/BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. Mayor Paulson abstained from voting because of his service on the Metropolitan Transit Commission. 65TH AVENUE/FAIR OAKS SCHOOL TRAFFIC - REPORT FROM ADMINISTRATIVE TRAFFIC COMMITTEE The City Manager explained there was a report in the Council packet showing the history on this matter. The Public Works Coordinator said the Council had instructed staff to research the situation of cut - through traffic at the Fair Oaks School and come up with some solutions. She said the situation is difficult because buses have little space to turn around. She said the City of Brooklyn Park requested there be two separate entrances for public safety. She explained the people at the school feel locking a gate gives an air of unwantedness to residents on the east side of the school. She said the only solution devised thus far is to move the gate closer to the school and create a median through the parking lot. Councilmember Kalligher said the problem with a gate is it is not shut at the times it needs to be. She added perhaps a key could be given to public safety vehicles that need to be able to get through. Councilmember Mann said if the gate were closed after all evening activities it would be worth giving a try. Dean Reiners, Principal of Fair Oaks School, explained when the gate was first installed the custodian would lock the gate at 11 p.m. when he left. Then they started locking after the last scheduled activity in the evening. He said because the bus doors are on the right side, buses can only go through in one direction from the east entrance. He explained the school has had exemplary parental involvement and they do not want to do anything to jeopardize that. He explained there are activities at the school during the day that make locking the gate difficult. Councilmember Scott said the problem is the parking lot was designed poorly in the first place. 2/7/94 -6- t Mayor Paulson said the District has the right to take any action they want, but if it doesn't work, the City will get involved. Lee Ulrich, 6506 Unity Avenue North, said he has a good view of the driveway to the school. He said he set up a video camera and recorded. He learned that nine out of ten cars do not stop at the school at all. Travis Brown, 5230 65th Avenue, said he is now retired and has seen the gate has not consistently been locked. He expressed frustration that the issue has been addressed over and over but nothing has been done. He said he is concerned about safety because people who cut through don't obey the law and may not obey in other ways. He said when the Park and Ride is finished the problem will become worse. Gene Hammerlund, 6437 Unity Avenue, said he had clocked the time it would take to drive around the school, which was 1 minute, 45 seconds, and to drive through the school was 35 seconds. He said that was not enough time savings to jeopardize the lives of children. Jean Hammerlund, also of 6437 Unity Avenue, said she thought since there was no good option to solve the problem perhaps the road should be widened. She said when people use the cut - through most is on the way to and from work, which is when the gates are open anyway. Councilmember Kalligher commented the number of cars through there is very substantial, and the City Manager added much of the traffic was shown not to be school related. Counciimember Scott asked if the school is aware of the kind of problem they are creating for the neighborhood, and said if she were a school official her biggest concern would be for the safety of the kids. She added all involved should be looking for a permanent solution. Mayor Paulson said he would rather see solutions than everyone shooting down options. The City Manager reviewed the recommended solution by staff including moving the gate and construction of a permanent barrier in dividing the parking lot. Mayor Paulson asked how the School District would feel about that solution. Dale Hamilton, representative of School District #279, said they are receptive to that solution. He commented regarding any changes to the parking lot further improvements would be required but not as extensive as they had thought earlier. He said the key would be how much the gate is open, and agreed it is a safety concern. He said they would budget for installing this gate and barrier, but not for reconfiguring of the whole parking lot. 2/7/94 -7- Councilmember Kalligher asked if it would be possible to have the gates open only for the buses, and Mr. Hamilton responded there are parents going in and out of the school during the day and there is no turn- around space. Arnie Simon, 5307 65th Avenue, said there is a lot of grass around the parking lot that could be made into useable space. Gary Nelson said he could understand the school district is worried about cost, but it seemed they did not hesitate to ask taxpayers for money to build another "Taj Mahal" so he thought they should forget about cost in this situation and get the problem fixed. Dwight Johnson said he thought a gate is only a partial solution at best. Mayor Paulson asked about the option of adding another driveway, but the City Manager explained the road it would need to be made from was a private road to townhouses. The Mayor said whatever the solution is it will be based on the priority of preserving neighborhoods. He stated cars do not need to be able to go anywhere they want at any time, and drivers' need to save time is less important than the need to serve residents. Councilmember Scott said the parking lot never should have been constructed the way it is. She suggested the gate and barrier be constructed and then the City notify the school district it expects them to come up with an even better solution in their parking lot. She said in the meantime the gate should be put up and kept closed. Councilmember Mann concurred and'added the fence should go through the grass and over the curb as people might try to sneak through over the curb. The City Manager said there should be a committee formed of some of the residents present to help in determining the hours for gate closure. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to request the school district to put the gate closer to the building, open it only for buses and necessary times to be determined by the school and a committee of residents, and to construct a barrier dividing the parking lot into two. The Council directed staff to report back to the Council by April 15 and to notify the school district that the City reserves the right to intervene if this does not solve the problem. The motion passed unanimously. PROCESS OF REVIEW OF CITY ATTORNEY RFP The City Manager explained it is impractical for the City Council to interview more than three or four firms. He explained five firms meet two criteria regarding rates and experience. He pointed out if the group were limited to only those in Hennepin County that narrowed it to three firms. 2/7/94 -8- Mayor Paulson said he graded the firms on rates, client service, diversity, and case management, but he was concerned about eliminating a firm based on its address. He added the RFP should be based on what's best for the City and the best value. Councilmember Kalligher pointed out Barna, Guzy's fees would qualify as reasonable and the City Manager said maybe they had looked at the wrong column in making the earlier determination. : Councilmember Scott said she looks for a firm with experience in municipal and civil law because there are some serious things about to occur in Brooklyn Center and it would be bad to have a firm "practice" on our City. She said in law firms you "get what you pay for," and experience is the most important thing. Councilmember Scott said each Councilmember should write down his or her top three or four names and the results should be tallied. All agreed to do so, but moved to the next agenda item. DISCUSSION OF WORK SESSION AGENDA In discussion between the City Manager and the Councilmembers it was decided that work session items to be covered were as follows: Financing for Willow Lane, Brooklyn Boulevard, and 69th Avenue; Housing; Comprehensive Plan and storm water ponding for Brookdale; Broad over -all policies; Space needs at City Hall, Attorney selection; and a meeting with Police Department regarding crime and drugs. The City Manager said he would work out the details of the schedule. Councilmember Rosene arrived at 8:51 p.m. PROCESS OF REVIEW OF CITY RFP - CONTINUED The City Manager gave the tally of votes for firms as follows, but the final three firms to interview would be announced after Councilmember Rosene had a chance to add his choices. Lang, Pauly, & Gregerson, Ltd. - 3 Carson and Clelland - 3 Holmes & Graven - 3 Barna, Guzy & Steffen. Ltd. - 2 Bannigan & Kelly, - 1 Popham, Haik, Schnobrick & Kaufman, Ltd. - 1 2/7/94 -9- ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:57 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton Timesaver Off Site Secretarial 2/7/94 -10-