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HomeMy WebLinkAbout1994 03-28 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 MARCH 28, 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 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Financial Commission Chair Donn Escher, City Attorney Charlie LeFevere, City Engineer Mark Maloney, Public Works Coordinator Diane Spector, and Council Secretary Kathy Stratton. Councilmember Celia Scott was excused from this evening's meeting. OPENING CEREMONIES Pastor Alan 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 No reports were given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Kalligher requested item l lh be moved and item 10a be moved to the end of the Discussion Items. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the March 28, 1994, agenda and consent agenda with requested changes. The motion passed unanimously. i 3/28/94 - 1 - APPROVAL OF MINUTES MARCH 7, 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the minutes of March 7, 1994, special work session as printed. The motion passed unanimously. MARCH 14. 1994 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the minutes of March 14, 1994, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO, 94 -54 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER FOR THE AFTER SCHOOL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -55 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER FOR THE "ENTERTAINMENT IN THE PARKS" The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -56 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 13 THROUGH JUNE 26 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 3/28/94 -2- RESOLUTION NO. 94 -57 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SY KNAPP The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion assed unanimously. P Y RESOLUTION NO. 94 -58 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1994 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1994 -22, CONTRACT 1994 -C The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -59 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFOR34ED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1993 -24, WELL NO. 6 MAINTENANCE, AND IMPROVEMENT PROJECT NO. 1993 -26, WELL NO. 8 MAINTENANCE, CONTRACT 1993 -J The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion . assed unanimously. Y RESOLUTION NO. 94 -60 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FOR PAINTING JAII. CELLS IN THE POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 3/28/94 -3- RESOLUTION NO. 94 -61 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) TRUCK COMPLETE WITH SEWER VAC CATCH BASIN CLEANER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -62 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PAY EQUITY IMPLEMENTATION REPORT 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 Mann and seconded by Councilmember Kalligher to approve the following list of licenses: MECHANICAL SYSTEMS Aspen Heating and Air Conditioning 1871 East Minnehaha Brady Mechanical Services, Inc. 3075 -C Spruce Street Faircon Service 2668 Patton Road Kraemer Heating 7441 Dallas Court McQuillan Brothers Plumbing & Heating Co. 452 Selby Avenue Metropolitan Mechanical Contractors, Inc. 7340 Washington Avenue S. Pride Mechanical 3025 NE Randolph Street R & S Heating and Air Conditioning 21357 Hemlock Avenue Ron's Mechanical 1812 E. Shakopee Avenue Standard Heating and Air Conditioning Co. 410 West Lake Street Superior Contractors, Inc. 6121 42nd Avenue N. RENTAL DWELLINGS Initial: William and Constance O'Dell 4201 Lakeside Avenue N. #108 Steve Bruggeman 4201 Lakeside Avenue N. #307 Renewal: Brookdale Towers Program Brookdale Towers Eugene Hanauska . 6538 Brooklyn Boulevard Robert and Bonnie Healy 5517 Bryant Avenue N. 3/28/94 -4- Scott Weicht 5301 Dupont Avenue N. Hal Gensler 5214 Great View Avenue N. Ramoodit and Fazee Kimal 6913 Morgan Avenue N. Joseph and Patricia Simmon 2913 64th Avenue N. SIGN HANGER Suburban Lighting, Inc. 6077 Lake Elmo Avenue N. The motion passed unanimously. PRESENTATION - TRAFFIC SAFETY Sergeant Frank Roth introduced Vince and Larry, two "dummies" who were part of the Traffic Safety Board and were on their way to make a presentation urging people to buckle up. He said they would be making several presentations in the near future to neighborhood groups and seniors, and he handed out bumper stickers that read "Don't be a Bumper Sticker - Buckle Up." Mayor Paulson thanked them for their presentation and for the their work in encouraging safety. RESOLUTION (CONTINUED) The City Manager stated this resolution has been developed because of the considerable efforts on behalf of Brooklyn Center made by Representative Phil Carruthers. He added people should be aware of what a good job Representative Carruthers has done and is doing. RESOLUTION NO. 94 -63 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTIONEXPRESSING APPRECIATIONFOR THE EFFORTS OF REPRESENTATIVE PHIL CARRUTHERS DURING THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. Mayor Paulson read the Resolution to the audience. Representative Phil Carruthers spoke to thank the Council for its display of appreciation by passing this resolution. He said trying to get the money for the City was an honor and pleasure. He said Brooklyn Center Staff and City Council were of great assistance to him in his efforts and thanked them for the pleasure of working together. Mayor Paulson asked Representative Carruthers for an update on the current legislative session. Mr. Carruthers responded it will be a fast and productive session estimated to be completed by the end of April. He mentioned two issues on the agenda, the Juvenile Crime Bill, which has passed both the House and Senate, and property tax relief. He said the goal is to help cities help their citizens. 3/28/94 -5- 4 Mayor Paulson thanked him for his work to that end in Brooklyn Center. PRESENTATION - AMERICAN RED CROSS The City Manager called for members of the Red Cross who were scheduled to make a presentation, but no one appeared. PUBLIC HEARINGS PROPOSED USE OF YEAR XX (1994) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Manager explained the step of going before a committee had been eliminated and the issue is being brought directly to the Council. The Community Development Specialist said before the Public Hearing he would like to review the CDBG program and dollar amounts. He said the total allocation of CDBG funds for 1994 would be $261,194, which is a 10% increase from last year. He explained requests from Community Action for Suburban Hennepin for $7,500, Community Emergency Assistance Program for $9,000, Greater Minneapolis Day Care Association for $15,000, and a last- minute request from Caring, Helping, and Providing. He explained Staff is not recommending funding for any of these, not because they do not have merit, but in order to continue funding the EDA home rehabilitation program, scattered site redevelopment, Household Outside Maintenance for Elderly (HOME), and the business retention study which is only eligible for funds one more Year- Councilmember Kalligher asked if this is the last year the business retention study is eligible for CDBG funds and whether it is an ongoing program that will have to be funded in another way in the future. IE The City Manager said the City is g to make the business retention stud self - supporting E � Y and explained the program runs from July to July so the dates and times for funding overlap. Mayor Paulson asked how dollar amounts could be moved around if the Council wants to change priorities, and the Community Development Specialist said the Council can amend the program up to either $10,000 or $25,000 without holding a Public Hearing. The Community Development Specialist said he would recommend the City use its own funds for acquisition of property because when using federal funding the procedures have become more restrictive and staff intensive. Councilmember Mann asked how many more years of paying $50,000 per year it would take to reimburse the EDA for scattered site development, and the Community Development Specialist said it would be four more years. 3/28/94 -6- Mayor Paulson explained he had met today with a person from the Transportation Committee regarding a gap in providing transportation to elderly and disabled people to get to doctor appointments, and he thought that would be a good project for CDBG funds. The City Manager said the Human Rights and Resources Commission had looked into that recently and he would see that staff do some investigation. He added some funds would have to be set aside for that and suggested the Council not fund that type of program now but leave it open for the future by way of amendments. Councilmember Rosene said the Human Rights and Resources Commission would like to see a more comprehensive transportation system not only for seniors but also for low- income families who are having trouble making trips to appointments. Mayor Paulson opened the Public Hearing on proposed use of Year XX (1994) Urban Hennepin County Community Development Block Grant Funds at 7:35 p.m. He inquired if there was anyone present who wished to address the Council. Jim Nicholie, Associate Director of the Greater Minneapolis day care Association, said his organization's goal is to improve care for children and they submitted a proposal to help fund the Sliding Fee Child Care program. He explained 95 % of the people using their assistance are single parents with incomes below 75 % of State median. He said there are over 90 families on the waiting list which is currently taking 18 months. He added if a person goes on welfare he can get assistance right away, but if he wants to keep his job it takes 18 months to get help. I Ed Eide, Director of CEAP, said their organization used to provide transportation for seniors but North Memorial Hospital tried doing it to make money and couldn't so they dropped the program. He said that is a typical problem for a non - profit organization to be in competition with others to provide a service. He said Brooklyn Center is the only City that doesn't help fund CEAP. He said CEAP's main objective now is to help people get off of their programs through the family peer advocate system, which has been working well. He gave several examples of people who had been helped in this way. He concluded homes are important, but it's the people inside them that make the difference. Councilmember Rosene asked why CEAP had not requested Contractual Services funds, and Mr. Eide said he thought CDBG funding was the appropriate way to request. The City Manager said CEAP had been given a contract to build a new building after they lost their old one to fire. Charlie Warner from CASH explained his agency is an anti- poverty agency and detailed the service they provide including home mortgage foreclosure prevention. He handed out a brochure put out in conjunction by CASH and Sustainable Resources Center (SRC). He said there could possibly be some funding available from SRC for other things that would free up more CDBG money for programs like his organization's. He said an oversight has been the lack 3/28/94 -7- of programs for a large portion of Brooklyn Center's population, renters, and the lack of citizen participation in the CDBG selection process. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the Public Hearing at 7:55 p.m. The motion passed unanimously. The City Manager presented a Resolution Approving Projected Use of Funds for 1994 Urban Hennepin County Community Development Block Grant Program. Councilmember Mann said the agencies represented tonight certainly have merit and there is a need, but she agreed with Councilmember Rosene requests should be made through the annual budget process using the contractual services. There was a motion by Councilmember Mann to approve the resolution as per staff recommendation. Councilmember Kalligher said there are things to take into consideration like transportation. She said she would like to see CEAP get $5,000. Mayor Paulson asked what dollar amount amendments could be made without a Public Hearing, and the Community Development Specialist said changes can be made this evening or with another Public Hearing if necessary and he still didn't know if the figure was $10,000 or $25,000. Mayor Paulson said he would like to designate $25,000 for non -profit organizations and $25,000 for scattered site redevelopment. He said by putting the money into general categories the requests could go to the Human Rights and Resources Commission for review, and the remainder of any money not allocated could be funneled back into the rehabilitation program. The Community Development Specialist explained the County requires submitting individual specific program requests. The City Manager said if the Council goes ahead with the resolution the way it is, he can report back what the dollar limits are for amendments without a Public Hearing and the Council can later amend to the maximum allowable limits. Councilmember Kalligher said she would like to see as much as possible in the rehabilitation of private property because it does have a definite affect on housing in Brooklyn Center. She said she could also see funding LEAP, but not $25,000 for scattered site redevelopment, which she said should be funded out of another source. Councilmember Rosene expressed his concern for setting a precedent to approve funds from organizations upon request. He asked the City Manager if the requests have been researched and if they truly qualify for these funds, which he discovered they did. He said he does not 3/28/94 -8- want to see these groups going away empty handed. He said he agreed scattered site redevelopment should remain in the EDA's area for funding, the City should undertake nine to eleven rehabilitation projects and still give some assistance to CASH, CEAP, and the Daycare Association, who can also submit applications for additional funding through contractual services arrangement. Councilmember Kalligher asked if $5,000 would be taken out of the rehabilitation program for CEAP. Councilmember Mann said there is a proper process for funding requests to be funneled into other areas of the budget. Mayor Paulson seconded the motion by Councilmember Mann for the purpose of discussion. The City Manager explained social welfare programs are most often functions of counties rather than cities. Councilmember Rosene expressed concern about the ability to amend this budget later, and the Community Development Specialist said the procedure is not that complicated even if a Public Hearing must be held. The City Manager encouraged the Council to remember the CDBG fund source can evaporate over night so they should beware not to get dependent on it or allow organizations to depend on it. RESOLUTION NO. 94 -64 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1994 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosen Voting aye: Mayor Paulson and Councilmembers Mann and Rosene. Voting nay: Councilmember Kalligher. The motion passed. Councilmember Rosene stated he expects to amend the resolution to provide some funding for these groups. PROPOSED IMPROVEMENTS IN THE NORTHWEST AREA IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12 The City Manager introduced the Public Works Coordinator to provide details regarding the process of improvements in the Northwest Area. 3/28/94 -9- The Public Works Coordinator said because of the Building Block process, she would not explain how the proposed improvement process has come about but why the improvements were needed. She stated the cost of maintaining the City's aging streets was $250,000 in 1983 and has risen to $600,000 in 1993 because of the high level of decay. She added sanitary sewer improvements are also drastically needed because of tree roots in the pipes and an estimated $75,000 to $100,000 is being spent each year by residents because of water infiltration. She explained over the next 20 years the City needs to overlay or reconstruct the streets, install curb and gutter, and update lighting, starting with the Northwest Area. She said that special efforts such as decorative lighting and playground equipment could be considered. She said nobody likes special assessments, but the City cannot afford these projects without them, and the cost of not undertaking these improvements now while they are still manageable would be great in the long -run. She said since a large percentage of the roads were built in the 50's and 60's, they will come due for construction at the same time. The City Engineer said the City is at Step #9 in the Building Block process and if there is to be construction in 1994, there must be action taken this evening or soon. He showed slides of the deterioration of roads and sewer pipes and explained the inadequacy of the single existing pipe for drainage. He concluded with a chart regarding costs for the project and explained the project could be completed by October 15, except for additional landscaping and streetscaping that would be completed the following year. The City Manager stated because of the Chapter 429 Bond requirements this action would require four affirmative votes from the Council. Councilmember Rosene asked to what extent the cost would rise if lighting were decorative. The City Engineer responded the current plan is to change the poles to be similar to the ones installed on River Road but not to increase the frequency of lighting. He said decorative lighting is usually less powerful so the number of lights has to increase and it gets expensive. He said the City hopes neighborhoods will seek out and receive identity by such things but it seemed the consensus was the cost was too high, since the assessment would inevitably go up. Mayor Paulson opened the public hearing on proposed improvements in the Northwest Area, Improvement Project Nos. 1994 -11 and 1994 -12 at 8:45 p.m. He inquired if there was anyone present who wished to address the Council. He said the Council has received copies of petitions circulated by residents and he thanked them for their involvement. Rick Heath, 7037 Perry Avenue, thanked the City Engineer and Public Works Coordinator for their hard work and said he has noticed an increase in the traffic along Perry from 700 to 1,000 cars a day. He said a cul de sac would be a good solution because of the nearness to the school. Mayor Paulson asked if there had been plans for the streets around the townhomes to be connected and the City Manager responded there were no such plans. 3/28/94 _10- Mark Visness, 4824 71st Avenue, said in his opinion Perry should be closed off at Brooklyn Boulevard which would create a longer cul de sac and improve property values. Dale Magnuson, 4830 71st Avenue, said he is in favor of all the proposed improvements since he has lived there 30 years and it's about time! He expressed his concern for the safety of children walking to Willow Lane School and Park. He said closing the road at Brooklyn Boulevard would be best, but there could also be a road block placed adjacent to the middle island into the parking lot of the school. He said now would be a good time to block the road because during construction people will get used to not using the road. Clyde Phillips, 7007 Quail Avenue North, said he is against shutting off the road because in some emergency situations minutes make a lot of difference. He was also concerned about the amount of water being drained by the pipes, and that the pipes would be too small. The City Manager responded the pipes increase in size and water funnels into a holding basin before it drains into the creek. Arvid Sorenson, 6901 Toledo Avenue, said it has been 35 years since the streets have been improved and he thinks once every 35 years is a good idea. There was a short recess called at 9 p.m. to change the videotape. The Council reconvened at 9:15 P.M. Terry Andrusko, 7031 Perry Avenue, said she has seen nothing but traffic increase on Perry and she is concerned because her two children walk to school. She said she thinks something should be done about it. Wallace Pehrson, 4812 71st Avenue, said he agrees with Ms. Andrusko because he has seen some dangerous situations with children at 71st and Perry and its a g g ' good thin no one's been hit yet. He said building bride across Pe could be a good idea to provide safe crossing. g g n3' . g P g Councilmember Rosene asked for clarification on the sidewalk layout, and the City Manager showed the sidewalk on the map running along the east side of Perry. The City Engineer said Dale Hamilton from the school district agreed there is a need for safety, but the school district's reaction to a cul de sac is it would create problems for the buses which would have to take a more circuitous route, and they don't want to create a situation where people use the school parking lot to cut through a road barrier. He said because this is not a State Aid road chokers, diverters, stop signs, and speed humps are all possible solutions. Mayor Paulson said that way emergency vehicles could still get through. The City Engineer said speed bumps aren't the best for buses but a stop sign at 61st and Perry would be low cost and effective. He said some of these things are done after construction anyway. 3/28/94 Steve Andrusko, 7031 Perry Avenue, explained the trails through yards where kids actually walk and he stated motorcycles go racing by at 70 mph. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 9:28 p.m. The motion passed unanimously. Councilmember Rosene commented police should be asked to patrol Perry Avenue especially at the time the high school lets out. Mayor Paulson said he likes the improvements in the area and had received positive responses from the petition process as well as many notes of enthusiasm from residents. He said Staff should see what can be done about traffic and speed reduction which he said would be worthwhile to pursue. The City Manager said if the Council chooses to go ahead with the construction, the City Engineer could work with the residents of the neighborhood for some alternatives. He said many residents had said they would help with suggestions for improving the traffic but they wanted to make sure the improvements happen too. He said he would recommend any action short of the cul de sac. The City Manager presented a Resolution Ordering Improvement, Approving Plans and Specifications, and Authorizing Advertisement for Bids, for the Northwest Area, Improvement Project Nos. 1994 -11 and 1994 -12. RESOLUTION NO. 94 -65 Member Barb Kalligher introduced the following resolution and moved its adoption, with the condition there is some solution worked on for traffic reduction: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, FOR THE NORTHWEST AREA, IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. PROPOSED IMPROVEMENTS ON JAMES /KNOX /54TH AVENUES IMPROVEMENT PROJECT NOS. 1994 -01 AND 1994 -02 The City Manager presented a Resolution Ordering Improvement, Approving Plans and Specifications, and Authorizing Advertisement for Bids, for James /Knox/54th Avenues, Improvement Project Nos. 1994 -01 and 1994 -02. 3/28/94 -12- The City Engineer showed a map of the project area and reviewed the deterioration of the roads and sewer pipes. He said this area has had significant problems with tree roots in the pipes which causes sewer backups which are expensive for the City and residents. He said $75,000 to $100,000 is being spent to get water out of pipes that doesn't belong there. He said this would be on approximately the same time line as the Northwest Area with completion for September 15 and landscaping scheduled for next spring with the exception of sodding, which will be done this fall. He explained out of 69 petitions sent out, 16 came back, with seven in support and nine in opposition. Councilmember Mann said the time frame for construction seems long for such a small area and wanted to know why. The City Engineer responded it is hard to get a balance between what works for residents and for contractors, but because there will be temporary water hook -ups for these houses to maintain water service during construction the project is a major one. He said the longest someone would be without water would be 6 -12 hours with door -to -door and written notification. He said there would be 4 -5 days when people may need to park on side streets or in alleys. Mayor Paulson opened the meeting for the purpose of a public hearing on Improvement Project Nos. 1994 -01 and 1994 -02 at 9:46 p.m. He inquired if there was anyone present who wished to address the Council. Kevin Rancour, 5331 Knox Avenue, said every other year he has had to clean the sewer and one time he had to replace the pipe. He said that incident alone cost him $1,500 so he is all for the improvement project. Ed Vukelich, 5332 Knox Avenue, said the pictures of tree roots in the pipes must have been his. He said last time the sewer backed up it was on Christmas Eve and it was not pleasant. He is 100% for the improvements and thinks it is a bargain at $1,500. P g Randy Engdahl, 5337 Knox, said he too has had sewer problems and he worked for the City of Minneapolis and he knows how cumbersome it can be to do underground construction. He concluded he still thinks these improvements are necessary and helpful. Susan Wanhala, 5436 James Avenue, and Kathy Bressler, 5419 James Avenue, said they think the problem with the sewer is on Knox Avenue but not on James. They explained how they canvassed the neighborhood and 50% of the residents were home. They said they found most people thought the construction was not necessary anywhere but on the 53rd block of Knox. They said many folks had lived there twenty years with no sewer problems. Ms. Bressler said she lives in the middle of the block and does not want a street light in her yard because kids hang out under them. Ms. Wanhala said her biggest concern is the long amount of time it would take for the construction and the kids would have nowhere to play all summer. 3/28/94 - 13 - The City Engineer said the slides he showed of construction pictured a 30 -foot trench 10 -12 feet deep, but the time it would be open in that fashion would be short. He said contractors are forced to keep things covered from a liability standpoint. He said the time line for construction is given as the date the contractor first looks at the property to completion, but the actual time the roads are torn up is shorter than that. He said the construction will be an inconvenience, but not as much as it may sound like this evening, and it also depends much on the weather. Ms. Wanhala and Ms. Bressler said there are three houses where people with disabilities live and expressed concern for those people. They summarized the petition by saying sewer problems have been non - existent and they are strongly opposed to the improvements. The City Manager said special arrangements have been made for people in those situations and the City Engineer concurred. Boyd Will, 5350 James Avenue, said he is all for the construction even though he hasn't had sewer problems. He said the City should not wait another forty years but should fix something before there's trouble, not after trouble. John Schoffstall, 5351 James Avenue, said he is concerned about the time length and the lighting because kids do stand at corners at all hours of the night. He said he had witnessed several accidents and doesn't see a need for improvements except for stop signs. Debbie Rancour, 5331 Knox Avenue, said the sewer is not the main issue here but the road repair as well which will improve. the area. She said she uses electric lighting in her yard to keep kids from hanging out and the neighbors appreciate it. She said she thinks lighting improvements are needed and all these things do affect property value. Paul Thour, 5425 James Avenue, said he is against the plan because his wife is disabled and 4 1/2 months of construction will be very difficult for them. The City Engineer said it will certainly be within the discretion of the City to create areas where cars can park and to work out special arrangements with the contractors and pin down days when the inconvenience will be the greatest so residents can plan ahead. He gave his word the City will work with the Thorntons to help them through the construction time. Betty Engdahl, 5337 Knox Avenue, said she is for the construction as it is needed. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to close the Public Hearing at 10:10 p.m. The motion passed unanimously. Councilmember Rosene stated the pavement is only 1/2 inch thick in several places, so this is a situation where it takes spending a little money to save a lot. He said he thinks people will be happy when the improvements are done and glad not to keep pouring money down the sewers. - 14 - 3/28/94 Councilmember Kalligher said it seems City staff will work with people with special concerns regarding construction, but she urged staff to do anything possible to speed the construction along. Councilmember Rosene said there will also be help for people in the area who cannot afford the assessment. RESOLUTION NO. 94 -66 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, FOR JAMES /KNOX/54TH AVENUES, IMPROVEMENT PROJECT NOS. 1994 -01 AND 1994 -02 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS EARLE BROWN COMMONS BANKRUPTCY The City Manager explained the Earle Brown Commons area, not the Earle Brown Heritage Center, has initiated bankruptcy and the City needs to get legal help which is difficult because so many firms have conflicting interest situations. He said this could be expensive to defend but more expensive not to do so. Councilmember Mann mentioned the Salomon firm and asked if there's any chance of conflict of interest there. The City Attorney said there is a good chance of conflict because so many lawyers are involved in this type of a situation and then to complicate matters even more there was a re- financing on the Earle Brown Commons. He said the Dorsey firm does not have a conflict and they would do an excellent job. Councilmember Kalligher said $160 per hour is costly but probably necessary no matter which firm is used. She recommended going with Dorsey but changing if it is determined someone else is cheaper. She asked about other firms currently being interviewed, and the City Manager said some were not qualified for this type of work and some had conflicts of interest. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to accept the Dorsey firm and to continue with them unless is seems there is a firm that would be substantially less expensive. The motion passed unanimously. 3/28/94 - 15- LEGISLATIVE UPDATE The City Manager explained legislation in this area is changing so fast, but the resolution passed Previously regarding the Orfield legislation should cover the City. He asked the Council to pass tonight's resolution as well. Councilmember Mann asked what kind of cap would be imposed. The City Manager said it would be similar to usury laws in the State or a little higher. He explained there has been some gouging going on by pawn shops. Councilmember Rosene said he thinks this is important to support because a pawn shop could move into Brooklyn Center. The City Manager said some pawn shops are legitimate and operate very well, but just a few make it hard for the rest. The City Manager presented a Resolution Requesting State Legislature to Enact Legislation to Impose or Cap Limit on Amount of Interest Pawnshops can Charge and Support Passage of SF1702. RESOLUTION NO. 94 -67 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REQUESTING STATE LEGISLATURE TO ENACT LEGISLATION TO IMPOSE OR CAP LIMIT ON AMOUNT OF INTEREST PAWNSHOPS CAN CHARGE AND SUPPORT PASSAGE OF SF1702 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. STAFF REPORT REGARDING IMPROVEMENT PROJECT NO. 1993 -19, CENTRAL GARAGE IMPROVEMENTS The Public Works Coordinator explained to the Council difficulty has arisen in remodeling the existing building because of poor soil conditions; therefore, the cost of the project is more than estimated. She explained Staff has been looking for "deduct packages" to keep costs down, and the easiest part of the project to leave out would be the paint booth, which would cost $94,000 and eliminate most of the projected $118,000 overage. She said the old paint booth has been shut down for two years because of the air quality problems and it has been expensive to contract all the painting out. She said there is a risk in building a paint booth to current air quality standards, the standards could change again in five years. The City Manager said some communities do not have paint booths and the crews are improperly performing paint jobs. 3/28/94 - 16- Councilmember Kalligher asked if it would be possible to rent a paint booth out to other cities, and the City Manager said he would check into it. Councilmember Rosene said he had calculated a guess that within 4 -8 years the paint booth would have paid for itself because it is more expensive to contract out. He said it is another case of spending a little to save a lot. The City Manager said that is why staff is recommending approval for the improvements to the Central Garage even though the cost is over the projections. Councilmember Kalligher asked if there is anywhere else to cut down costs, and the Public Works Coordinator said they have looked and have found small things, but anything short of structural changes would not help enough. Councilmember Kalligher asked if approving the extra money now would hold the Council to approving the final plans. The City Manager explained it would have been a waste of money to have plans prepared with or without the paint booth and then change that later, but the Council will be in on planning every step of the way. . There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the revised estimate including the paint booth. Councilmember Mann said she hates to see costs overrun, but she feels the paint booth is necessary and would vote in support of this. Councilmember Rosene said the City has been lucky at other times in coming in under budget and this project may not end up being so bad. The motion passed unanimously. FINANCIAL COMMISSION RECOMMENDATION REGARDING ADMINISTRATIVE STRUCTURE MODIFICATIONS The City Manager explained several proposed changes to the administrative structure of Brooklyn Center have come after considerable review by the Financial Commission. He said these changes would allow reduction in the number of departments and would allow promotion from within to fill the vacancy in Public Works. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to accept the Financial Commission Recommendation Regarding Administrative Structure Modifications. The motion passed unanimously. 3/28/94 -17- Mayor Paulson said this is a significant move that he hopes won't go unnoticed for taking advantage of a retirement situation to deliver the same services but streamline and hold people accountable. He said he appreciated the work of the Financial Commission and the City Manager to accomplish this restructuring, the City should continue to look for these types of opportunities. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to authorize internal recruitment for Public Services Director. The motion passed unanimously. STAFF REPORT REGARDING HUMBOLDT AVENUE TASK FORCE The Public Works Coordinator explained the "first crack" at the composition of the Task Force. She explained Brooklyn Park is also discussing some related issues at its Council meeting this evening. She explained the Chair of the Task Force could be a neutral party or the City Council could appoint one of the Task Force members as Chair. The Public Works Coordinator suggested the task force be composed as follows: Brooklyn Center City Council liaison; Brooklyn Center Planning Commission liaison; one or two Brooklyn Center Humboldt Avenue residents; one or two Brooklyn Center residents living adjacent to Humboldt Avenue; one Brooklyn Center business representative; Brooklyn Park City Council liaison; one Brooklyn Park Humboldt Avenue resident; one Brooklyn Park resident living adjacent to Humboldt Avenue; and ex- officio, nonvoting, members to include Brooklyn Center Staff member, Brooklyn Park Staff member, Mn/DOT representative, RTB representative, and Met Council representative. The Public Works Coordinator suggested the charge of the Task Force read as follows: Review transportation issues in the T.H. 252 corridor and the area from the Mississippi River west to Noble Avenue North, from 85th Avenue North to *- 94/694. Specifically to address questions of the level of traffic on Humboldt Avenue, congestion on T.H. 252, general concerns of access, congestion, roadway function, and planning. Recommend interim improvements to provide immediate relief from cut - through traffic on Humboldt Avenue, and long -term improvements and transportation policies. The City Manager said in some ways what happens will be subject to what the City of Brooklyn Park decides, and April 11 may be ambitious to have the final composition set. Councilmember Rosene said the name should not be the Humboldt Avenue Task Force and suggested the Northeast Transportation Corridor Task Force or something not specifically naming Humboldt Avenue. The City Manager responded it isn't intended to be named after Humboldt but has just gotten to be called that. Councilmember Rosene said there should be at least two residents from Humboldt Avenue because some of them have become so knowledgeable. 3/28/94 - 18- Mayor Paulson agreed with Councilmember Rosene's suggestion and recommended the second sentence in the charge statement read as follows: Specifically to address ways to reduce the level of traffic on Humboldt Avenue, ease congestion on T.H. 252, provide access, define roadway function, preserve neighborhoods, and other planning issues. Councilmember Kalligher said there should be at least two residents from Humboldt Avenue and also two residents adjacent to Humboldt Avenue on the task force. She said it is necessary to come back to the Council on April 11 with the composition of the Task Force. Councilmember Mann said Brooklyn Park will want more than one member both off and on Humboldt, and she suggested two residents from each. Mayor Paulson said the City Council must first decide what Brooklyn Center wants to do with Humboldt Avenue before it can determine the membership of the Task Force. He said if we have an idea of what it is we want to do on Humboldt Avenue, then that would require one type of membership; if we decide to do nothing and study Humboldt Avenue, then we would need to have more representatives from Humboldt Avenue because the Task Force is addressing Humboldt Avenue. Councilmember Rosene agreed with Mayor Paulson and said if an option to do something on Humboldt Avenue is approved this evening, then the suggested membership composition is great for overall transportation problems. Mayor Paulson said the Council has always had a "can do" approach to the Humboldt situation and after the decision on March 14, he was uncomfortable with not meeting the objective to "do something." He explained he had met with City Staff and the neighborhood group to see if it would be possible to find a "Build in 1994" solution that did not disqualify the street from State Aid. He said as a result of this meeting, he would recommend building a road to these specifications: -32 foot, 2 lane collector - "D" or better traffic capacity - Curvilinear design -No passing the length of Humboldt north of 69th to 73rd Avenues -Make 69th a through street without STOP signs -Put a RIGHT TURN ONLY sign at 69th Avenue, northbound Humboldt Avenue -Place stops at 71st and 67th Avenues and Woodbine Lane -Put a NO RIGHT TURN sign at 73rd Avenue, southbound Humboldt Avenue -Make signage permanent for pedestrian and school crossing - Parking on one side to alternate -Work with Mn /DOT for business district sign on T.H. 252 at 69th Avenue - Heavier policing to enforce 30 mph -Check into noise and nuisance ordinances -Keep weight limit to tonnage on the road 3/28/94 . _19- Mayor Paulson outlined the benefits to the community and neighborhood by building the road in this fashion as follows: underground utilities, sewer lines checked and replaced where necessary, curb and gutter, street lighting, handicapped accessible sidewalks, improved driveway aprons, additional landscaping for beautification, and allowance for emergency vehicle passage. He stated the City needs to pursue the traffic capacity analysis of the street to see if it comes in at "D" or better. He continued if it does not come in at "D" or better, then the City might be looking at doing something that would qualify for State Aid which was to build a 30 -foot road with no parking that would qualify us for State Aid. There was a break to change the videotape at 11:16 p. m. and the Council reconvened at 11:25 p.m. During the break, Councilmember Mann asked to be excused. The City Manager explained it would be very tight to accomplish construction in 1994 and he is not saying the City could even do it. He said the residents are still concerned over the loss of trees. He concluded while possible, any thing could stop construction from taking place and timing is crucial. The City Engineer said he could not guarantee construction this year because the State Aid approval process takes 6 -8 weeks. He said there are only so many projects that can be done in a construction season. Mayor Paulson said he has not talked with State Aid people or City staff, but he appreciates the "can do" philosophy and knows the State does not want to prohibit things cities want to do. He said it sounds like things that could hold up construction are external rather than internal. Upon vote being taken on the foregoing motion, the motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to waive the process of selecting consultants in order to use Westwood Planning and Engineering for that purpose and to go ahead with construction along lines outlined by Mayor Paulson. The motion passed unanimously. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Calling for a Public Hearing by the City on the Modifications on the Redevelopment Plan for the Earle Brown Farm Redevelopment Project which Expands the Geographic Area which will Include the Geographic Area of Existing Housing Development Project No. 01 and Adds Additional "Housing Powers." He recommended that before taking action on Resolution No. 11 -k, the Council should adjourn and convene the EDA meeting to take action on EDA Resolution No. 5a. He continued the Council may then reconvene and take action on this Council Resolution. 3/28/94 -20- ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to adjourn the meeting and reconvene as the EDA. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:37 p.m. RECONVENE Mayor Paulson reconvened the meeting at 11:41 p.m. and noted the attendance: Mayor Paulson and Councilmembers Kalligher and Rosene. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Calling for a Public Hearing by the City on the Modifications on the Redevelopment Plan for the Earle Brown Farm Redevelopment Project which Expands the Geographic Area which will Include the Geographic Area of Existing Housing Development Project No. 01 and Adds Additional "Housing Powers ". RESOLUTION NO. 94 -68 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE MODIFICATIONS ON THE REDEVELOPMENT PLAN FOR THE EARLE BROWN FARM REDEVELOPMENT PROJECT WHICH EXPANDS THE GEOGRAPHIC AREA WHICH WILL INCLUDE THE GEOGRAPHIC AREA OF EXISTING HOUSING DEVELOPMENT PROJECT NO. 01 AND ADDS ADDITIONAL "HOUSING POWERS" The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:41 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 3/28/94 -21-