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HomeMy WebLinkAbout1993 07-26 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 26, 1993 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. Councilmember Dave Rosene was excused from this evening's meeting. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Director of Community Development Brad Hoffman, Community Development Specialist Tom Bublitz, and Council Secretary Carla Wirth. OPENING CEREMONIES The invocation was observed with a moment of silence. 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 Council reports were given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Kalligher asked item 12a, Resolution Accepting Work Performed and Approving Final Payment for Contract 1993 -B, be removed. APPROVAL OF MINUTES JULY 12, 1993 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of July 12, 1993, regular session as printed. The motion passed unanimously. 7/26/93 - 1 - RESOLUTIONS The City Manger introduced a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Richard Handy. He extended the City's deep appreciation to Officer Handy for his years of dedicated service. Mayor Paulson commented every Police Officer has something that distinguishes their service, and he felt Officer Handy's legacy would be duties he performed with the Explorers Post. All in attendance extended their appreciation for Officer Handy with a round of applause. RESOLUTION NO. 93 -115 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD HANDY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 =116 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON MSAP 109 - 109 -26, SHINGLE CREEK PARKWAY BETWEEN 69TH AVENUE NORTH AND . THE NORTHERLY EXTENSION OF FREEWAY BOULEVARD; AND ON MSAP 109 -125- 08, 69TH AVENUE NORTH BETWEEN WEST PALMER LAKE DRIVE AND 332' EAST OF THE INTERSECTION WITH SHINGLE CREEK PARKWAY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -117 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL OF WESTWOOD PROFESSIONAL SERVICES, INC. TO PROVIDE GRANT APPLICATION SERVICES FOR DEVELOPMENT OF THE TWIN LAKE TRAIL SYSTEM, AND APPROPRIATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 7/26/93 -2- RESOLUTION NO. 93 -118 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 7/26/93) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -119 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT PUBLIC UTILITY REPAIR ACCOUNT, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND 69TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A STATE OF MINNESOTA APPROVED TEMPORARY EARLY RETIREMENT INCENTIVE PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. FINAL PLAT APPROVALS CADY ADDITION (PHILLIPS 66 PROPERTY NW QUADRANT OF 69TH AVENUE NORTH AND BROOKLYN BOULEVARD) There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the final plat for Cady Addition (Phillips 66 property NW quadrant of 69th Avenue North and Brooklyn Boulevard). The motion passed unanimously. BROOKDALE CHRISTIAN CHURCH ADDITION (XERXES AVENUE NORTH NEAR 61ST AVENUE NORTH) There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the final plat for Brookdale Christian Church Addition (Xerxes Avenue North near 61st Avenue North). The motion passed unanimously. 7/26/93 -3- PERFORMANCE GUARANTEE RELEASE MAINSTREET DEPARTMENT STORE (KOHL'S) There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve a performance guarantee release for Mainstreet Department Store (Kohl's). The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the following list of licenses: MECHANICAL SYSTEMS Construction Mechanical Services, Inc. 1307 Sylvan Street Green Mechanical, Inc. 8811 East Research Center Road Wenel Services, Inc. 5301 Edina Industrial Boulevard The motion passed unanimously. MAYORAL APPOINTMENTS HUMAN RIGHTS AND RESOURCES COMMISSION Mayor Paulson stated a number of excellent applications were received for the two Human Rights and Resources Commission vacancies. He further stated he took into consideration geographic and gender balance as well as the number of times applications have previously applied for positions. He requested confirmation of Trayce Ann Olsen, West Central Neighborhood, and Daniel Reiva, Northeast Neighborhood, for appointment to the Human Rights and Resources Commission. Councilmember Mann stated all applicants would be wonderful due to their understanding of the true meaning of volunteerism; however, currently all members of the Human Rights and Resources Commission are female and two males are needed to provide better gender balance. She asserted geographic balance does not mean as much with this Commission. She suggested Dean Nyquist and Wayne Lerbs, both from the Southwest Neighborhood, be considered fora ointment. She reported on Mr. N uist's involvement in the communi appointment. y� and in mediating human rights issues, and Mr. Lerbs' involvement with Hilton Hotels. She stated it would be a travesty of justice against the community not to appoint these two men. Councilmember Scott stated she has no objection to the Mayor's recommendation nor to Councilmember Mann's statements regarding the qualifications of Mr. Nyquist and Mr. Lerbs. She further stated the Human Rights and Resources Commission is not currently represented by the needs of apartment residents and Ms. Olsen could provide that insight. She added Ms. Olsen also has a great deal experience with families in conflict, chemical dependency, and abuse issues. 7/26/93 -4- Mayor Paulson stated he considered this in his recommendation. Mayor Paulson further stated since a unanimous vote was not ossible tonight, he would entertain a motion to table P g this item to the next meeting when the appointments could be made by a majority vote. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to table further consideration of Human Rights and Resources Commission appointments to the August 9, 1993, meeting. The motion passed unanimously. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 93003, submitted by Randy Rau, for a special use permit and site and building plan approval to allow construction of an addition at 6849 Brooklyn Boulevard for use as a gas station /convenience store /car wash. He stated this application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. The Planning and Zoning Specialist used overhead slides to indicate the area and reviewed the Planning Commission's discussion of the application. He explained the Planning Commission recommended approval of Application No. 93003 subject to 14 conditions which he reviewed for the Council. Randy Rau, applicant and owner of the property under consideration, stated he needs to expand his business to remain competitive and has tried to meet all requirements suggested by staff. He requested the Council's approval of his application. In response to Mayor Paulson's question, Mr. Rau reviewed the property's greenstrip, traffic circulation, and setback. Councilmember Scott commented Mr. Rau has included two heated concrete aprons which she feels is needed, especially in the winter when water from the car wash can cause icy conditions. She questioned the location of the handicapped parking space. Mr. Rau explained the handicapped parking space will be relocated due to concerns about heavy traffic in close proximity. He stated he has submitted an alternative to staff which will resolve their concern. In response to Councilmember Mann's question, Mr. Rau stated he has no objection to the listed conditions for approval. Councilmember Mann stated the conditions have been met to grant approval and the findings are in order. She added the Planning Commission has done an excellent job considering this application. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Application No. 93003 submitted by Randy Rau, subject to the following conditions: 7/26/93 -5 - 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A Site Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Underground irrigation shall be extended to any new or modified landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B612 curb and gutter shall be provided around all driving and parking areas where the site is being modified. 9. The applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Guarantee. 10. Approval of this application is contingent upon the granting of a variance under Planning Commission Application No. 93004 or alterations to the property.' 11. The amended special use permit is granted to the applicant for an expanded gas station /convenience store /car wash at 6849 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require additional amendments to this special use permit. 12. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 13. The plan shall be modified prior to the issuance of building permits to show a minimum 5' building setback along the south property line to coincide with a 5' drainage and utility easement and to provide a more appropriate location for the handicapped parking. 7/26/93 -6- 14. Appropriate signage is required to avoid blockage of the Brooklyn Boulevard access. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 93004 The City Manager introduced Planning Commission Application No. 93004, submitted by Randy Rau, requesting a variance to allow for a lesser greenstrip than required by ordinance. He stated the applicant proposes to extend parallel gas pumps and to encroach into the required fifteen foot greenstrip at 6849 Brooklyn Boulevard. He further stated this application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. The Planning and Zoning Specialist used overhead slides to indicate the area and reviewed the Planning Commission's discussion of the application. He explained the Planning Commission recommended approval of Application No. 93004. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Application No. 93004 submitted by Randy Rau, based on a precedent established in granting the variance for Phillips 66 under Planning Commission Application No. 92003, and the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that he would not be able to develop the property in a reasonable manner. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 93005 The City Manager introduced- Planning Commission Application No. 93005, submitted by Cracker Barrel Old Country Store, requesting site and building plan approval to allow the construction of a restaurant and gift shop at 1501 James Circle North. He stated this application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. The Planning and Zoning Specialist used overhead slides to indicate the area and reviewed the Planning Commission's discussion of the application. He explained - the Planning Commission recommended approval of Application No. 93005 subject to 11 conditions which he reviewed for the Council. He explained the eleventh condition requires modification to the landscape plan indicating the location of the seven Sugar Maple trees as well as a modification to the trash enclosure to indicate a wood opaque gate rather than a chain link gate with metal slats. In response to Councilmember Scott's questions, Bill Snodgrass, representing Cracker Barrel Old Country Store, stated they will have hard surface aggregate line walkways which meet handicap and ADA codes. 7/26/93 -7- Mayor Paulson questioned the need for excess parking and suggested the applicant consider including an outdoor dining patio area. He stated additional landscaping would also need to be considered to screen the dining patio area from the parking. He further stated his support of creating a unique use that offers more than the "corporate cookie cutter" design. The Planning and Zoning Specialist stated staff did not pursue this aspect but there is sufficient parking area to allow some flexibility. Mr. Snodgrass stated the porch and chairs are strictly decorative. He further stated they have never included outdoor dining in their restaurants but this does not mean it is not possible. He explained the proposed parking area is based on the need experienced at other locations. He further explained they will have approximately 100 to 120 employees which can fill the parking lot during shift changes. The Planning and Zoning Specialist suggested the applicant review the possibility for providing outdoor dining and if it appears they want to pursue it, a plan amendment could be considered. He stated parking needs would be included for the outdoor patio if it is a permanent use.. Mr. Snodgrass stated they take great pride in their buildings and usually exceed local requirements for landscaping, etc. Mayor Paulson commented on the color of the Earle Brown Heritage Center. Mr. Snodgrass stated their buildings are usually brownish in color so they blend in. Mayor Paulson suggested the applicant work with staff to research options for outdoor dining which he asserted would also attract business from pedestrians. Councilmember Scott supported moving forward with the application and allowing the applicant to decide whether they want to consider an amendment for a patio. She related her positive experience with other Cracker Barrel Old Country Stores and stated outdoor dining is usually not used because it is too hot, cold, wet, windy, or too many mosquitoes. She stated her support for the bus parking area, extra landscaping, and low -glare lighting which adequately lights the parking lot without spilling into the neighborhood. Councilmember Kalligher concurred with allowing the applicant an opportunity to decide whether they want to provide outdoor dining and welcomed them into the community. Mayor Paulson requested the applicant check with his headquarters regarding this option and work with City staff on the details. With regard to the building schedule, Mr. Snodgrass estimated it would be open in mid - January or February. He briefly reviewed their history and type of 'old country cooking" offered. Councilmember Mann commented this will be a fine addition to the community. 7/26/93 -8 - There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Application No. 93005 submitted by Cracker Barrel Old County Store, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to thee issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting and financial guarantee (in an amount to be determined by the city Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. A minimum of B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. The plans shall be modified prior to the issuance of building permits to include the following: a) Modification to the landscape plan indicating the location of 7 Sugar Maple. b) Modification to the trash enclosure detail to indicate a wood opaque gate as opposed to a chain link gate with metal slats for screening purposes. The motion passed unanimously. 7/26/93 -9- PLANNING COMMISSION APPLICATION NO. 93006 The City Manager introduced Planning Commission Application No. 93006, submitted by Hills Gilbertson Architects, Inc., requesting a special use permit and site and building plan approval to allow an approximate 3,000 square foot expansion to the Salvation Army building at 2300 Freeway Boulevard. He stated this application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. The Planning and Zoning Specialist used overhead slides to indicate the area and reviewed the Planning Commission's discussion of the application. He explained the Planning Commission recommended approval of Application No. 93006 subject to 11 conditions which he reviewed for the Council. In response to Councilmember Scott's question, the Planning and Zoning Specialist pointed out the turn around area and shipping/receiving dock which is only used for deliveries of office supplies. He clarified this is not a distribution site and used only for their administrative office. With regard to parking, the Planning and Zoning Specialist reported the Salvation Army has operated under a Proof -of- Parking Agreement for over ten years. He explained if it is determined that there is a need for additional parking, the City will give the Salvation Army notice and allow one year for them to expand their parking to sufficiently cover their needs. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve Application No. 93006 submitted by Hills Gilbertson Architects, Inc., subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any on -site trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing system to meet with NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 34 of the City Ordinances. 7/26/93 _10- 6. The underground irrigation system shall be extended to new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all new parking and driving areas. 9. The applicant shall enter into a revised Proof -of- Parking agreement acknowledging that they will install up to 90 parking spaces on the site upon determination by the City that any or all of these parking stalls are required. 10. The Special Use Permit granted to the Salvation Army in 1983 for an office use in the I -1 Zoning District is amended to acknowledge the expansion of this office area. Any modifications to the use of this property that is inconsistent with the granting of this amended special use is prohibited. 11. The 6" spruce tree to be removed due to the addition shall be relocated and the proposed landscaping surrounding the addition shall be re- arranged taking into consideration the entire site and existing building. The motion passed unanimously with Mayor Paulson abstaining. Mayor Paulson explained he abstained from voting because his father works as a computer consultant for the Salvation Army. ORDINANCE The City Manager introduced an Ordinance Amending Chapter 27 of the City Ordinances Regarding On- Street Soliciting and Vending by Catering Food Vehicles. He stated this ordinance amendment is offered for a first reading tonight. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve first reading of An Ordinance Amending Chapter 27 of the City Ordinances Regarding On- Street Soliciting and Vending by Catering Food Vehicles. The motion passed unanimously. DISCUSSION ITEMS PROPOSED AMENDMENT TO SIGN ORDINANCE CHAPTER 34 -140 ALLOWING FREESTANDING SIGNS FOR APARTMENT COMPLEXES WITH 36 UNITS OR MORE The City Manager requested Council consideration of an amendment to the City's sign ordinance regarding square footage of freestanding signs for apartment complexes based on the number of units rather than the number of buildings. He reviewed signage restrictions for Northlyn Apartments compared to Hi -Crest apartments. 7/26/93 The Director of Community Development reviewed proposed ordinance language and renderings of the proposed apartment sign. Mayor Paulson complimented the Four Court's sign stating it is professionally designed with landscaping. He suggested apartments be encouraged to provide similar signage. He expressed concern with the Council's recent action to loosen restriction on leasing signs. Councilmember Scott agreed permanent signs are more attractive than temporary ones. Councilmember Kalligher suggested the Planning Commission consider more specifications on aesthetics relating to permanent signs. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to refer the proposed amendment to Sign Ordinance Chapter 34 -140 allowing freestanding signs for apartment complexes with 36 units or more to the Planning Commission for its review and recommendation and to direct staff to review with the Brooklyn Boulevard task force possible ordinance amendments relating to signs. The motion passed unanimously. PROPOSED AMENDMENT TO THE AMUSEMENT DEVICE LICENSING REQUIREMENTS The City Manager explained staff was directed, at the May 24, 1993, Council meeting, to develop a proposed Ordinance amendment which regulates amusement devices in commercial areas. He further explained the amendment would allow up to four amusement devices in a laundromat. He added these devices could be used only by laundromat patrons or their children and would operate only on tokens obtained from an on -duty attendant. Councilmember Kalligher stated based on the City's past experience in dealing with children hanging out by amusement devices, she could not support the proposed amendment at this time. She explained this area is going well at this stage and she wants to stay on that course. Councilmember Scott stated she did not see where adding amusement devices would increase the business of a laundromat and felt they would result in causing more problems than they would provide entertainment. She further stated amusement devices will place a lot of pressure on the laundromat attendant from youngsters who purchase something from the vending machines so they can use the amusement devices. Councilmember Mann agreed and added the Duds'n Suds laundromat is new to Brooklyn Center. She suggested the Council see how this establishment operates before considering an Ordinance amendment. Mayor Paulson commented he had hoped the proposal would contain something regarding community contribution, especially since the police substation is located so close to this site and needs volunteers. 7/26/93 - 12 - Mr. Phillip Krass, representing Duds'n Suds laundromat, stated they have indicated all along that they want to be part of the community. He reviewed organizations they contribute to. With regard to use of amusement devices, he stated their entire chain operates with this type of concept. He further stated the audio volume of the devices is turned down. He explained it is their intent the customers of the Laundromat, not children from the neighborhood, make use of the snack bar and amusement devices. He further explained the laundromat is fully attended to assure the patrons' needs are met. He added Duds'n Suds invested over $100,000 in equipment alone. Mr. Krass supported the City Attorney's suggested amendment and stated Duds'n Suds would agree the amusement device license would not be automatically renewed every year, and the Council would have no obligation to renew it. He stated they are concerned about their image and asked the Council to reconsider the proposed amendment and allow a trial period. Councilmember Scott expressed doubt the attendant would be able to handle young teenagers who come into the laundromat to use the amusement devices. Mr. Krass responded managers from the home office check with their laundromats to make sure their policies are followed. He added their laundromats do not have as many amusement devices as arcades so they do not attract the same number of youth. Councilmember Scott agreed they have a nice facility and comments from patrons indicate they "love it ". She expressed concern the amusement devices will be a magnet for teenagers. Councilmember Kalligher agreed and added approving a trial period could result in a "very long year ". She indicated a willingness to look at the issue again in one year when the Council knows more about how the Duds'n Suds laundry operates. Councilmember Scott explained the Council is sensitive because this entire shopping center had deteriorated, resulting in three to four police calls per night. She further explained the City has made a special effort to resolve these problems and are not anxious to open the area to amusement devices again. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to deny first reading of the proposed amendment to the amusement device licensing requirements and to review this issue again in nine months to one year. The motion passed unanimously. SET COUNCIL WORK SESSION FOR AUGUST 2 1993 TO DISCUSS STAFF REPORT REGARDING PARK AND RIDE SITES AND BROOKLYN BOULEVARD TASK FORCE The City Manager recommended the Council establish a work session on August 2, 1993, to discuss park and ride sites and the Brooklyn Boulevard Task Force. 7/26/93 - 13- There was a motion by Councilmember Scott and seconded by Councilmember Mann to schedule a Council work session for August 2, 1993, at 7 p.m. The motion passed unanimously. 1994 STREET IMPROVEMENT PROGRAM The Public Works Director stated despite extensive efforts by the Council and staff, the 1992 -93 street improvement program in the southeasterly portion of the City failed to receive substantial support from residents within the project area. He explained this occurred because few residents in that area recognized street improvements create a stimulus to overall neighborhood revitalization. He added it was hoped the Earle Brown Neighborhood Advisory Committee would facilitate discussion and communication between the City and residents, however, this did not happen and by the time of the public informational meetings and hearings, many residents were opposed to the proposed improvements based on hearsay information and the feeling they had been left out of the process. The Public Works Director stated there is a strong need to initiate a comprehensive improvement program to maintain, upgrade, or reconstruct all streets within the City. He used overhead slides to provide a detailed report of the proposed 1994 street improvement program and suggested the following procedure be followed: Building Block 1: 'Selection of Candidates for Improvement Building Block 2: Preliminary Studies of Costs, Benefits and Financing Building Block 3: Preliminary Meetings with Property Owners Building Block 4: Field Surveys, Studies and Feasibility Reports Building Block 5: Worksessions with Citizens Building Block 6: Completion of Feasibility Report and Development Plans and Specifications Building Block 7: Conduct Informational Meetings Building Block 8: Individual Petitions Building Block 9: Official Public Hearing Building Block 10: Construction Summary and Schedule The Public Works Director pointed out use of the suggested "building blocks" or steps results in five opportunities for residents to provide input on the proposed project. The Public Works Director then reviewed the proposed time schedule for each of these steps. He suggested the Council consider the following six projects: Project No. 1: James and Knox Avenues between 53rd and 55th Avenues North and 54th Avenue North from 1/2 block west of Knox Avenue to 1/2 block east of James Avenue Project No. 2: 57th Avenue between Logan Avenue and Camden Avenue Project No. 3: Humboldt Avenue Between 69th and 73rd Avenues North 7/26/93 - 14- Project No. 4: 73rd Avenue North from Humboldt to Camden Avenues Project No. 5: Willow Lane from cul -de -sac north of 66th Avenue to dead end south of 65th Avenue Project No. 6: Reconstruction of some or all of the following streets in the northwesterly portion of the City: ► Perry Avenue /71st Avenue from 69th Avenue to Brooklyn Blvd. ► Quail Avenue from 69th to 71st Avenue North ► Regent Avenue from 69th to 71st Avenue North ► Scott Avenue from 69th to 70th Avenue North ► Toledo Avenue from 69th to 70th Avenue North ► 70th Avenue from Toledo to Quail Avenue North ► 70th Avenue from Quail to Perry Avenue North ► 71st Avenue from Regent to Quail Avenue North The Public Works Director reviewed the needs of each project, stating of the streets proposed in 1993, those included in Project 1 received the greatest expression of support. With regard to Project 2, the Public Works Director explained a number of citizen requests have been received, primarily relating to the need for improved drainage at intersections. He r h r x fu t e explained correction of the drainage problems will require extensive and costly P g P q Y changes to the storm sewer system and is currently being researched in the Water Management Plan. He pointed out the section of 57th Avenue between Logan and Humboldt is a County State Aid Highway, and it may be difficult to obtain Hennepin County approval of the plans and participation of project costs by 1994. He added the section of 57th Avenue from Humboldt to Camden is a Minnesota State Aid (MSA) street and use of those funds require it be constructed to comply with MSA standards. He explained owners of corner properties can chose to be assessed on one side or the other so he expects special assessments will be levied on only a few properties. He pointed out construction of a bicycle /pedestrian trail on the NSP easement will also need to be addressed. The Public Works Director stated the City received a petition signed by a majority of the property owners in' Project 3 requesting an improvement; however, once more detailed information became available, many who signed the original petition changed their minds and opposed the project. He pointed out MSA standards have since been amended to allow Humboldt to be constructed as a two -lane or three -lane street so residents may be more willing to consider the project again. The Public Works Director noted Project 4 involves the street which divides Brooklyn Center and Brooklyn Park. He reviewed past issues regarding the placement and installation of a sidewalk on this section of 73rd Avenue and suggested Brooklyn Park be approached to participate in the total reconstruction of the roadway with a two -lane offset from the centerline of the right -of -way to allow more room for construction of a sidewalk or trailway. He added if the Council is interested in pursuing this project, staff will work with Brooklyn Park to schedule joint meetings. 7/26/93 - 15- The Public Works Director explained construction of Project 5 would include the "missing link" in the trailway system between West River Road, the I -694 bridge and River Ridge Park. He added it could also address the possible realignment of the Willow Lane /66th Avenue intersection to reduce conflicts between the C -2 uses south of 66th Avenue and single - family homes on Willow Lane. With regard to streets designated in Project 6, the Public Works Director explained they are in fair to poor condition and have required frequent, high -cost repairs. He stated another need is improvement of the storm drainage system which is currently very skeletal, using surface -drain along and across streets for several blocks before entering a storm sewer. He added special steps will be needed to assure the Water Management Plan for this area is completed as soon as possible to assure storm water system improvements can be integrated with consideration of the street improvement. Councilmember Scott questioned the type of storm water system in the northwest quadrant of Project 6. She stated there are currently drainage problems in the spring and icy road conditions during the winter. The Public Works Director explained the system and stated these needs would be addressed by the reconstruction project. Councilmember Kalligher questioned the public notice procedure with the proposed "building block" process. The Director of Public Works responded notices will be sent out for every meeting. He again reviewed the communication shortcomings experienced when using the Neighborhood Advisory Committee and suggested this time the information be sent directly to the property owner. Councilmember Kalligher suggested work on Willow Lane be delayed until the apartment is removed. The City Manager explained it is scheduled for removal this summer or early fall and would not affect the project. RECESS Mayor Paulson declared a recess at 8:58 p.m. to allow the cablecasting personnel to change tapes. Mayor Paulson reconvened the meeting at 9:12 p.m. 1994 STREET IMPROVEMENT PROJECT - (CONTINUED) Councilmember Scott indicated support of Project 1 due to concern with infrastructure failure. She expressed concern regarding the ability of Hennepin County to make a commitment to artici ate with Project 2 b 1994 and suggested it be delayed. She asserted P P J Y gg Y the proposed timeline is too short for a project that will be extremely costly and time consuming and suggested it be included in the 1995 schedule. She expressed support for Projects 3, 4, 5, and 6. Councilmember Kalligher questioned using an independent appraiser. The Public Works Director stated he is comfortable with appraisals conducted previously with the southeast area and with using the same appraiser used in the past. He stated he would send out additional requests for proposals to other appraisers if the Council so directs. 7/26/93 -16- Mayor Paulson suggested all six projects be taken into the process to receive input from Hennepin County and affected residents. He added Council could then decide, based on that input, which projects should proceed further. The Public Works Director agreed and added the Council may want staff to approach Hennepin County at this time regarding Project 2 so it can be included with their 1995 project if unable to do so in 1994. Councilmember Kalligher agreed and supported including Project 2. Mayor Paulson supported a detailed review of the City's assessment policy and determining options to assess the "bare minimum ". The Director of Public Works commented on the importance of maintaining a contingency factor to assure compliance with State Statute requirements for benefitting property. He added the City must collect 20% of a project through special assessments. He stated he would prepare a recommendation regarding these issues for Council's review. Councilmember Scott stated it is important to provide residents with written, detailed, easily understood information explaining the assessment procedure to avoid misunderstandings and misinformation. She suggested staff prepare a handout residents can take with them. The Public Works Director agreed. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to direct staff to proceed with Projects 1, 2, 3, 4, 5, and 6, as presented, to obtain proposals for appraisals (excluding Project 1), and to make recommendations to Council on special assessment options. The motion passed unanimously. 1994 HENNEPIN RECYCLING GROUP (HRG) BUDGET The City Manager reported the Hennepin Recycling Group (HRG) Board approved its 1994 budget at their June meeting as required in the joint powers agreement. He stated the HRG has been able to avoid an increase in RS fees despite a 63% increase in curbside collection costs over the past four years but are now recommending an increase to $1.25 per month. He pointed out the program will add mixed paper beginning January 1, 1994, which is expected to result in a 15¢ per household per month increase in costs. He recommended the Council review the report and place it on a future agenda for discussion. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to accept the 1994 Hennepin Recycling Group budget. the motion passed unanimously. RESOLUTIONS - (CONTINUED The City Manager introduced Resolution Accepting Work Performed and Approving Final Payment for Contract 1993 -B (1993 Sealcoating, Improvement Project No. 1993 -06). 7/26/93 - 17 - Councilmember Kalligher explained she requested this item be removed from the Consent Agenda so she could question the overrun. She stated she did not realize the contract allowed for increases, decreases, or change orders. The Public Works Director explained it is standard procedure in Brooklyn Center and other governmental agencies to award contracts for construction of roadway projects on a unit price basis. He further explained the contract included estimated quantities, however, actual quantities required may vary somewhat. He stated in this case the final value of work exceeds the original contract of $131,176.28 by $228.41. Mayor Paulson commented it appears to be a reasonable discrepancy considering the large amount of the contract. He suggested the Public Works Director provide a report on the City's bidding policy for the Council's review. Councilmember Scott reported she received numerous comments from residents indicating they were satisfied with the work done and efficient, timely clean up of the project. She added the type of rock used for the sealcoating appeared to provide a better driving surface than used with previous projects. Councilmember Kalligher stated she wants to make sure the change order process is not abused. RESOLUTION NO. 93 -121 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -B (1993 SEALCOATING, IMPROVEMENT PROJECT NO. 1993 -06) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. REVIEW OF CONSENT AGENDA Mayor Paulson reviewed items previously approved on the Consent Agenda. 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 9:44 p.m. Deputy City Clerk Todd Pau son, Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial 7/26/93 - 18 -