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HomeMy WebLinkAbout1991 10-21 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 OCTOBER 21, 1991 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 Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Public Works Coordinator Diane Spector, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Peggy McNabb. OPENING CEREMONIES The Council and staff observed a few moments of silence. OPEN FORUM Mayor Paulson noted the Council had received three requests to use the open forum session this evening. KRISTEN MANN, 5415 E TWIN LAKE BLVD 535 -7646 Mayor Paulson invited Kristen Mann to come before the Council regarding itinerant food establishment policies and procedures. Ms. Mann advised the Council she is chairing the upcoming "Taste of Brooklyn Center" which is an annual event sponsored by local restaurants and organized and coordinated by the Brooklyn Center Chamber of Commerce. The event this year will be at the Captain's Room in the Earle Brown Heritage Center on November 12, from 5:00 to 8:00 p.m. Eight local restaurants will be participating; there will be a cash bar and silent auction. Ms. Mann advised the Council she has agreed to chair the event this year, and is hopeful to raise some funds for the Chamber of Commerce to retire some of its debt. She has, however, experienced some conflict and mixed messages regarding itinerant food establishment policies and procedures, and asked the Council for clarification. The City health inspector has indicated a list of all the restaurants participating along with a statement from the Chamber accepting responsibility will fulfill state requirements for such 10/21/91 f i an event. According to City staff, however, an itinerant food establishment license is required for the event -- either one license for each restaurant participating or else one blanket license issued to the Chamber of Commerce. Ms. Mann distributed a copy of the City's itinerant food establishment procedures and policies to the Council members. She addressed the fact that the restaurants participating in the event are all reputable, licensed, local restaurants, as is the Captain's Room in the Earle Brown Heritage Center, and asked the Council if in fact the Chamber of Commerce needs to pursue an itinerant food establish license for this event. The City Manager responded by saying the policy is generally intended for people who set up and serve food at temporary locations for a short period of time. He will review the requirements and procedures with both the City health department and City staff, and respond to Ms. Mann on Tuesday, October 22, 1991. The Mayor and Councilmember Pedlar thanked Ms. Mann for her involvement in the event. DAWN BAZANT, RENEE THOMAS AND CONNIE HOWE The Mayor invited Dawn Bazant, Renee Thomas and Connie Howe to address the Council regarding their desire for a "Children At Play" sign on the corner of 69th and Major Avenues. Ms. Bazant, Ms. Thomas and Ms. Howe advised the Council they, and the other residents of the 6900 block of Major Avenue North, would like a traffic sign installed to caution motorists approaching their neighborhood to slow down. The residents informed the Council there are 18 small children living on the one short block of Major Avenue North, a number far above the average number of children for a one -block area. Their concerns are both the volume of cars and the rate of speed at which those cars travel on Major Avenue North. In addition, Major Avenue North is not a thru street; and the number _ of motorists test driving cars from the nearby automobile dealerships is a continual problem. They again emphasized the rate of speed at which those motorists travel, and the complete disregard to the City sign prohibiting test driving of automobiles on Major Avenue North. The residents reported to the Council their numerous attempts to have such a sign installed have been continually denied by City staff, and they are now asking for assistance from the Council. Ms. Thomas presented the following petition to the members of the Brooklyn Center City Council: 10/21/91 -2- We would like a sign "Slow Children at Play" or "Caution Children at Play" put up on the corner of 69th and Major Avenues North. Si nature Address Mr. and Mrs. Mike Bazant 6907 Major Avenue N Patrick and Renee Thomas 6933 Major Avenue N Cheri and Dan Paradise 6945 Major Avenue N Velma Nitz 6942 Major Avenue N Mark and Connie Howe 6906 Major Avenue N Maria Wazwaz 4600 - 69th Avenue N Norman and Mary Hanson 6921 Morgan Avenue N John and Inara Langford 6930 Major Avenue N f Jeannie Kaine 6915 Major Avenue N Phil Schackman 6927 Major Avenue N Howard and Edith Jones 6939 Major Avenue N Sean and Lynn O'Mara 4508 - 69th Avenue N Michael R. Solberg 6912 Major Avenue N The City Manager responded to the residents' comments and concerns by stating the City's position on these types of traffic signs is based first on the fact that virtually every street has children on it, and ideally every street would then have to be posted. It would be very difficult, if not impossible, to justify signing some streets and not others. And secondly, national studies have shown these types of traffic signs are basically ineffective; motorists do not comply with them. Therefore, the City's policy has been to not install these types of traffic signs on its roadways. The City Manager recommended this issue, however, be referred to the Traffic Safety Advisory Committee for review and comment. The Council members discussed the residents' concerns and the City's policy. Councilmember Cohen raised a discussion on the apparent misuse of Major Avenue North as a test - driving area by patrons of the nearby automobile dealerships. The City Manager reported the City had posted a sign forbidding test driving on Major Avenue North in response to the problem cited by the residents; and in addition, had spoken with the nearby automobile dealers. The dealers responded that unless the salesmen and women accompany the test drivers, it is very difficult to control where patrons go to test drive cars. The City Manager suggested, and the Council concurred, the issue of these types of cautionary traffic signs, as well as the test driving of automobiles in this specific area, be further addressed by the Traffic Safety Advisory Committee. Ms. Bazant, telephone 560 -1456, agreed to be the main contact person for the neighborhood residents; and the City Manager indicated a response from the City should be forthcoming within 30 days. i 10/21/91 -3- I I k The Council members thanked Ms. Bazant, Ms. Thomas and Ms. Howe for bringing their concerns before the Council. Councilmember Cohen added it was refreshing to once again address a citizen issue such as the safety of the children in the community. The Mayor inquired if there was anyone else present who wished to address the Council on open forum. There being none, he continued with the regular agenda items. COUNCIL REPORTS TOWN MEETINGS The Mayor advised the Council two town meetings have been tentatively scheduled; and while Council member attendance would not be mandatory, he would like to see these meetings initiated and promoted by the City Council. Both town meetings will be held in the C Barn at Earle Brown Heritage Center beginning at 7:00 p.m. TOWN MEETING ON CHARTER PREAMBLE COMMUNITY MISSION STATEMENT) NOVEMBER 14 1991 The Mayor advised the Council the topic of this first town meeting would be the Charter Preamble and would include executing the Community Mission Statement based on that Preamble. He recalled this idea had been discussed at the Council's joint meeting with the Planning Commission. He further advised the Council he had also received a very enthusiastic response to the idea from the Charter Commission. l i TOWN MEETING ON TRANSIT ISSUES (OPT -IN PROGRAM JOINT POWERS OPPORTUNITIES) NOVEMBER 21 1991 The Mayor felt Brooklyn Center is ready to begin work on current transit issues such as the Opt -In Program with the Metropolitan Transit Commission and also the RTB's proposal to establish Brookdale as a transit hub. He felt, however, that residents should first be informed as to what may be available to them, and also should be offered an opportunity to offer input and become involved in the decision making processes. The Mayor advised the Council the Communications Commission's first meeting will be Wednesday. He has asked the Communications Commission: 1) to propose a format as to how they felt these town meetings should be operated, i.e., the standard council /audience type meeting; and 2) for input on how best to encourage residents to attend the meetings and become involved. MINNESOTA'S PRINCIPAL OF THE YEAR AWARD In recognition of Judy Lamp, Principal of Park Center High School, recently being named Minnesota's Principal of the Year, there was a motion by Councilmember Rosene and seconded by Councilmember Cohen to present a resolution commending Ms. Lamp for this achievement. The motion passed unanimously. 10/21/91 -4- SAFEGUARDING RENTAL PROPERTY RESIDENTS WITH SPECIAL HEALTH NEEDS AGAINST THE MAIN POWER BEING SHUT OFF BY POLICE In response to recent media coverage of a situation wherein some residents with special health needs were unknowingly put at risk when the main power source at their apartment complex had been shut off by the police during a drug bust, Councilmember Rosene proposed Brooklyn Center institute a program wherein the police can be informed by rental property owners when residents have special health needs in order to safeguard similar possibly life- threatening situations from occurring in Brooklyn Center. r i The City Manager advised the Council the 911 /central communications system initially had I a feature wherein special alerts and considerations can be programmed into the system. The problem, however, was keeping the information up to date. Unless rental property owners and /or residents call in each and every time there is a move involving tenants with special health needs, the information quickly becomes inaccurate and unreliable. He will discuss this issue with the 911 /Central Communications Director. KIDS FOR SAVING THE EARTH On behalf of the Kids for Saving the Earth organization, Councilmember Rosene presented a reusable ceramic coffee mug to each Council member, and suggested they use the mugs, rather than styrofoam or paper cups, for their coffee. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. No requests were made. APPROVAL OF MINUTES OCTOBER 7, 1991 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the minutes of October 7, 1991, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -247 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1991 -16 AND APPROVING EASEMENT NEGOTIATIONS FOR TRAIL IMPROVEMENTS AT HUMBOLDT SQUARE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 10/21/91 -5- f F i i RESOLUTION NO. 91 -248 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SALE OF CITY OWNED PROPERTY IN THE VICINITY OF 66TH AVENUE AND CHOWEN AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -249 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1991 -21, CONTRACT 1991 -Q, SIDEWALK REPLACEMENT -- VARIOUS LOCATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -250 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 10/21/91) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -251 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -252 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB ° The motion for the adoption of the foregoing resolution was duly seconded by member Celia j Scott, and the motion passed unanimously. 10/21/91 -6- RESOLUTION NO. 91 -253 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) 1,500 GALLON WATER TANK The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the following list of licenses: COMMERCIAL KENNEL Snyder Bros. Drug Store 1296 Brookdale Center FOOD ESTABLISHMENT Chuck Wagon Grill 5720 Morgan Avenue N ITINERANT FOOD ESTABLISHMENT Brooklyn Harmonettes 6155 Earle Brown Drive St. Alphonus Catholic Church 7025 Halifax Avenue N MECHANICAL SYSTEMS Kraemer Heating 7441 Dallas Court Preferred Mechanical Services, Inc. 712 West 77 -1/2 Street RENTAL DWELLINGS Initial: Mr, and Mrs. Joseph Maddy 5540 Aldrich Avenue N Craig and Barbara Benell 1807 - 70th Avenue N Renewal: ROI Properties, Inc. 6306 Brooklyn Drive i Douglas and Kathleen Williams 5107 Drew Avenue N Clifford Lane/Dorothy Ernst 6927 June Avenue N Michael Goodwin 5006 Howe Lane Leslie Reinhardt 5713 Humboldt Avenue N John and Edna Moryn 4207 Lakeside, #130 Jonathan Cain 4207 Lakeside, #135 E. Alan Knudson 5547 Lyndale Avenue N Carin Rudolph 5318 - 20 Queen Avenue N Casmir and Doris Stachowski 5327 - 29 Queen Avenue N Tom and Wendy Wurr 5422 - 72nd Circle N The motion passed unanimously. I P Y• i C 10/21/91 -7- k i i PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 91019 -- CONDURA MARKETING CORPORATION The City Manager presented Planning Commission Application No. 91019 submitted by Condura Marketing Corporation requesting a site and building plan and special use permit to install and operate a Tires Plus store in the commercial building at 5927 John Martin Drive, formerly the site of Burger Brothers. The Director of Planning and Inspection reviewed the application and staff report, noting the request is for both a site and building plan and a special use permit to modify the commercial building at 5927 John Martin Drive (formerly Burger Brothers) in order to relocate the Tires Plus store currently operating at 69th Avenue and Brooklyn Boulevard. The property is zoned C2, and is bounded on the northeast by John Martin Drive, on the southeast by Perkins Restaurant, on the south by Group Health Dental and U.S. West Communications, and on the northwest by Ethan Allen Furniture. Auto repair shops are special uses in the C2 zoning district. Tires Plus will occupy slightly less than half of the 10,490 square -foot building. No access changes are proposed. The parking lot at the site exceeds the present retail parking requirement. Staff generally agreed the proposal can meet the standards for a special use permit; however, felt the possibility of open service ` doors and outside display might have a detrimental effect on this commercial neighborhood; and therefore, recommended conditions of approval aimed at preventing noise and visual pollution from this use. It should also be clear to the applicants that if the request is approved, the use of trailers for storage will be strictly prohibited. Although service stations are allowed to have outside display of merchandise within four feet of the building, staff believed such display would be incompatible with the surrounding commercial area and should be consistent with its standards applied to other commercial property in the immediate area through the use of Administrative Land Use Permits. The Director of Planning and Inspection advised the Council the Planning Commission considered this application and held a public hearing at its October 10, 1991, meeting; and recommended the application for approval subject to the 11 conditions listed on pages four and five of the minutes from that meeting. Notices have been sent advising the surrounding property owners of the Council's consideration of this request. The Director of Planning and Inspection informed the Council representatives of the applicant were present at the meeting and available for questions and /or comments. He explained that a letter had been submitted indicating that Ethan Allen did not object to having the service bay doors open. Councilmember Scott noted that condition No. 10 of the recommended approval also prohibits delivery and semi - trucks with promotional logos on the sides from sitting in the parking lot for prolonged periods of time. 10/21/91 a Councilmember Rosene questioned how well an automotive service operation would blend with the neighboring Ethan Allen Furniture and Perkins Restaurant and cited such characteristics as the noise level and the visual effect of open bays in which automobiles are being serviced. Councilmember Rosene suggested, and the Mayor and Council concurred, staff may want to work on developing a plan which would address the issue of appropriately P g P app op lately blending commercial areas with the same types and calibers of businesses. Councilmember Cohen suggested addressing this concern at a special work session of the Council. Councilmember Pedlar thanked Tires Plus for wanting to reinvest in Brooklyn Center, and raised a concern on the potential fire hazard that would exist with 2,400 tires stored at the facility, as proposed. Councilmember Rosene expressed thanks and appreciation to the Tires Plus for exceeding the landscaping requirements. Mayor Paulson opened the meeting for the purpose of public input at 7:55 p.m. He inquired if there was anyone present who wished to address the Council on Planning Commission Application No. 91019. There were none. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve Planning Commission Application No. 91019 submitted by Condura Marketing Corporation and subject to the followin g conditions: 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. An outside trash disposal facilities and rooftop mechanical equipment Y P p shall be appropriately screened from view. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 5. B612 curb and gutter shall be provided around all new parking and driving areas. 6. The special use permit is granted for a tire, battery and wheel related repair and service operation. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 10/21/91 -9- 7. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 8. There shall be no outside display of tires or other merchandise on the site except by the use of an Administrative Land Use Permit. 9. All vehicles serviced at the store shall be serviced inside the building. Vehicles not being serviced must be parked on the site in authorized parking spaces. No parking of vehicles is permitted in front of the service bays. 10. The use of trailers for storage of new or used tires or any other merchandise or materials is strictly prohibited. 11. 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. The motion passed unanimously. Following a brief discussion of Councilmember Rosene's earlier recommendation on developing a plan to appropriately blend businesses of like types and calibers in commercial areas, there was a motion by Mayor Paulson and seconded by Councilmember Pedlar directing staff to meet with the Council to further address this issue. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 91020 -- BROOKLYN CENTER BAPTIST CHURCH The City Manager presented Planning Commission Application No. 91020 submitted by Brooklyn Center Baptist Church requesting preliminary plat approval to subdivide into two lots the parcel on which the Brooklyn Center Baptist Church and parsonage presently sit in order to sell off the church building to another congregation. The Director of Planning and Inspection reviewed the application and staff report, noting the property is at the corner of 59th and Humboldt Avenues North. The property is zoned R1 and is bounded on the north by 59th Avenue North, on the east by a seven -unit apartment building and two single family homes, on the south by other single family homes, and on the west by Humboldt Avenue. No new construction is proposed at the site at this time. The purpose of the subdivision is to divide off a separate lot for the parsonage. Upon completion of the subdivision, the church will be sold to another congregation. There is some confusion between the new property line location and existing location of a fence which runs inside the church property along the entrance drive from Humboldt back to the area where the church has a garage. The arrangement gives the impression that the residence owns more land than it actually will under the proposed subdivision. The Planning 10/21/91 _10- Commission did discuss this matter with the applicant and recommended that it be pointed out to the future buyer. The Director of Planning and Inspection advised the Council the Planning Commission considered this application and held a public hearing at its October 10, 1991, meeting; and recommended the application for approval subject to the two conditions listed on page six of the minutes from that meeting. Notices have been sent advising the surrounding property owners of the Council's consideration of this request. Following a brief discussion of the application, there was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve Planning Commission Application No. 91020 submitted by the Brooklyn Center Baptist Church and subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinance. The motion passed unanimously. FINAL PLAT APPROVAL -- BROOKLYN CENTER BAPTIST CHURCH The City Manager presented the request from Brooklyn Center Baptist Church for final plat approval on Planning Commission Application No. 91020. The City Engineer briefly reviewed the request, noting all the conditions have been met. He added, however, the final plat document will not be presented for signature until a favorable title is secured. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar approving the final plat of the Brooklyn Center Baptist Church. The motion passed unanimously. RESOLUTIONS - (CONTINUED) RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF NEW LIFT STATION NO. 2 IMPROVEMENT PROJECT NO. 1990 -05, CONTRACT 1991 -P The City Manager presented a Resolution Accepting Bid and Awarding Contract for Construction of New Lift Station No. 2, Improvement Project No. 1990 -05, Contract 1991 -P. The Director of Public Works recalled the Council approved the plans and specifications and directed advertisement for bids for improvement project No. 1990 -05, reconstruction of lift station No. 2, on August 26, 1991. Of the three bids received, the low bidder was Gilbert Mechanical Contractors, Inc.; and while neither Short Elliott and Hendrickson nor the City 10/21/91 - 11 - has had previous experience with Gilbert Mechanical Contractors, Inc., some good references have been obtained. He advised the Council the next agenda item is consideration of a resolution which approves a cost participation agreement with the Metropolitan Waste Control Commission, for the construction of the metering station included with the project. Additionally, the City Council previously authorized a proposed agreement with Suburban Hennepin Regional Park District for the exchange of properties between Lyndale Avenue and the Mississippi River. Staff is in the process of completing final details for these transactions. Robert W. Stark, Project Engineer, and John Stadola, Department Manager, Short Elliott and Hendrickson, gave a slide presentation and discussed the design, features, and capabilities of the proposed new lift station, as well as the areas and degrees of improvement over the existing lift station. Councilmember Scott questioned staff on properly securing the property exchange paper work prior to proceeding with the plan. In response, the City Engineer assured the Council the proper documents would be secured in a timely manner. Councilmember Pedlar raised a discussion on the low bid being over $21,000 higher than the previously approved budget for this project and asked for clarification as to what makes up the difference. In response, Messrs. Stark and Stadola indicated they had talked to the contractor regarding the difference and were told that while a detailed breakdown is not readily available, the major increases are: 1) the cost of the hot tap is $10,000 over the preliminary estimate because of the size of the pipe; and 2) most likely the remainder is a combination of the electrical and concrete work being more expensive than expected. The Mayor and Council were not satisfied with this response, and emphasized the need for detailed information on quantities, costs, and overruns, and which overruns are charged to the City and which to the contractor. In response, Mr. Stadola advised the Council one lump -sum bill will be submitted after completion of the project and will include the requested information. Councilmember Pedlar next raised a question as to why the preliminary estimate included a 10% contingency figure and the bid was submitted with a 5% contingency figure. In response, the Director of Public Works stated a 10% contingency was included in the preliminary estimate to cover the costs of bonding and insurance which were not available at the time the estimate was prepared. The 5% contingency in the bid is a standard inclusion to cover any unanticipated costs that may be incurred due to unforeseen circumstances during the construction process. Councilmember Pedlar stated bonding, insurance, and licensing should without question be included in the preliminary estimate as they are a given, and not as a contingency. In response to Councilmember Cohen's question as to when the contractor can begin and how long the construction will take, Mr. Stadola stated the contract can begin work once the 10/21/91 -12- contract is signed. The concrete can be completed this fall, with a final completion date estimated to be the first part of June, 1992. Councilmember Cohen next questioned the engineers as to the risk of the existing lift station collapsing in its current condition. Mr. Stadola stated the structure will hold together through the construction period so that this is not a factor which might require immediate award of the contract. RESOLUTION NO. 91 -254 Member Jerry Pedlar introduced the following resolution and moved its adoption contingent upon: 1) receipt of the fully executed paper work from the Suburban Hennepin Regional Park District; and 2) the engineers and staff presenting the Council with a breakdown of the project costs itemizing and justifying the differences between the preliminary estimate and the low bid: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF NEW LIFT STATION NO. 2, IMPROVEMENT PROJECT NO. 1990 -05, CONTRACT 1991 -P The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen, and the motion passed unanimously. Councilmember Scott expressed thanks and appreciation to the Council for getting this project moving, and stated the problems experienced with the existing lift station have been a great concern to both the City and residents. Councilmember Cohen thanked Councilmember Pedlar for raising some good concerns regarding estimates and bids. RESOLUTION APPROVING AGREEMENT WITH METROPOLITAN WASTE CONTROL COMMISSION FOR COST PARTICIPATION IN LIFT STATION N0. 2 IMPROVEMENT PROJECT NO. 1990 -05 The City Manager presented a Resolution Approving Agreement with Metropolitan Waste Control Commission (MWCC) for Cost Participation in Lift Station No. 2, Improvement Project No. 1990 -05, in conjunction with the replacement of lift station no. 2. The total dollar amount of the cost participation by the MWCC will be determined after the contractor submits a schedule of values for the construction specific to the meter station. The City Engineer's estimate is $50,000; the MWCC has pre- approved an amount of $60,000. 10/21/91 - 13 - RESOLUTION NO. 91 -255 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH METROPOLITAN WASTE CONTROL COMMISSION FOR COST PARTICIPATION IN LIFT STATION NO. 2, IMPROVEMENT VE O MENT PROJECT NO. 1990-05 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:10 p.m. and reconvened at 9:25 p.m. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 91018 SUBMITTED BY PDO FOOD STORES INC The City Manager presented a Resolution Regarding the Disposition of Planning Commission Application No. 91018 Submitted by PDQ Food Stores, Inc., noting that following Council's extensive review and deliberation of this application at its October 7, 1991, meeting, staff, as directed, prepared a resolution denying this application on grounds that the standards for special use permit are not met. The Director of Planning and Inspection reported that the staff met with representatives from PDQ today at 10 a.m. at which time a letter and sketch of a revised site plan were presented to staff for consideration. Included in the letter, was a proposal to move the proposed northern driveway along the frontage road ten feet to the south contingent upon approval of the revised site plan. The revised site plan also relocated the detached car wash to the north of the site and shifted the gasoline pumps and convenience store further to the south. In view of the continued divergence with regard to relocating the driveway, the Director of Planning and Inspection recommended the Council consider adopting the resolution denying the application on the ground that the standards for special use permit are not met. He explained that staff strongly believes, as does MN/DOT, that the northerly driveway be no closer to 66th Avenue North than the existing driveway servicing Atkins Mechanical site. The Mayor invited Jim Merila, Merila and Associates, the engineering firm representing PDQ Food Stores, Inc., to appear before the Council. Mr. Merila began his address by pointing out PDQ felt they have been very cooperative in developing an acceptable plan. He added PDQ's major concern is exposure equal to that of SuperAmerica across T.H. 252. Mr. Merila reviewed the following revisions PDQ has conceded to: 1. Providing access from the east property line which intersects 66th Avenue at the median break. 2. The City's request regarding utilities. 10/21/91 - 14 - t_ 3. Shifting the north driveway on the frontage road to the south beyond the City requirements. 4. Additional landscaping. 5. A masonry screening fence. 6. Painting the backside of the drop lens on the canopy light fixtures which face the residents to the east. 7. Relocating the PDQ emblem from the gas canopy to the building facia. 8. Constructing an all -brick building. 9. Installing directional signage on site for traffic control. Mr. Merila summarized PDQ's position by stating all the criteria have now been met and again asked for equal treatment as given to SuperAmerica. The Public Works Director reminded the Council and representatives from PDQ that relocating the driveway as far to the south from 66th Avenue North as possible is a matter of public safety, and staff felt very strongly on the recommendation to move the driveway 25' to the south rather than the 10' to which PDQ has agreed. The Director of Planning and Inspection also reminded the Council a comparison of the canopy lighting cannot be made as the lighting at SuperAmerica exceeds that which is on file and was approved by the City. The City is currently taking action to correct this violation. Councilmember Cohen asked Jim Shelton, President of PDQ, to comment on the entrance conforming to City ordinances. Mr. Shelton responded that the driveway is well within the 40' required in section 35 -414, subd. 4 of the City ordinances. Councilmember Cohen expressed dismay in PDQ's manner of submitting a letter and sketch of a revised site plan to the staff for consideration the same day as the Council meeting. The Council had tabled the application two weeks ago in order to give PDQ an opportunity to work with staff, and by submitting it today provided little time for staff and no time for Council to review it prior to the meeting. Consequently, the resolution currently before the Council for consideration may now be inaccurate because of additional revisions /concessions in PDQ's letter dated October 21, 1991. Councilmember Cohen reminded the Council that whenever Council action subjects the City to litigation, every measure must be taken to ensure the Council has clearly and thoroughly addressed and defined each and every issue. The City Attorney asked the representatives from PDQ if they were requesting the Council to again table the matter for two weeks in consideration of the October 21, 1991, letter and revised site plan. In response, Mr. Shelton indicated tabling the matter for two weeks would be acceptable to PDQ. 10 /21 /91 -15- The City Manager summarized the Council's two options: 1) to reject the revised site plan and adopt the resolution as written; or 2) to resubmit the revised site plan to the Planning Commission for review and recommendation. Following a brief discussion regarding possibly resubmitting the revised site plan to the Planning Commission, Councilmember Cohen stated applications should be brought before the Council for consideration and approval only after having been reviewed by the Planning Commission. Councilmember Pedlar reminded the Council and staff the affected residents in the site plan area were expecting the Council to deny the application on October 21, 1991; and if in fact consideration of a revised plan is going to be given, those residents need to be advised accordingly. Councilmember Pedlar then raised for discussion the potential for increased crime at this site and reviewed the statistics on the numbers and types of police calls made to SuperAmerica. The police records reported 191 calls from October 1990 to October 1991, or approximately 16 per month, several of which were assault and theft. He summarized his position on the proposal by expressing great respect and support to Mr. Atkins; and stated he, however, cannot support this type of development at this site. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct staff to review the most recent submissions of the applicant and to report back to the Council with a resolution outlining their recommendations. The motion passed unanimously. DISCUSSION ITEMS TOBACCO FREE POLICY The Personnel Coordinator presented and reviewed a tobacco free policy for Council's consideration. The tobacco free policy was recommended by the Employee Safety Committee in response to an employee concern regarding the hazards of second -hand smoke in City facilities. The Employee Safety Committee drafted a policy, but recommended obtaining employee input. In response, the City Manager appointed a nine - member ad hoc committee, of which the Personnel Coordinator was chair, to review the policy. Representation was obtained from all City facilities as well as from tobacco users and nonusers. In addition, employees were surveyed on their views related to tobacco use in the work place. The returned surveys indicated approximately 20% of City employees currently use tobacco products. The ad hoc committee recommended approval of the Employee Safety Committee's proposed tobacco free policy with some changes and also developed an implementation plan. 10/21/91 -16- l The purpose of the policy is to create a safe, clean and healthy environment. The policy prohibits the use of any tobacco product in all buildings and vehicles owned or leased by the City, and applies to all employees as well as members of the public while in City facilities. The proposed implementation plan includes employee information meetings to convey the policy to all supervisors and employees and to provide information to tobacco users on options of available cessation programs. The American Lung Association will provide assistance in presenting these meetings, at an approximate cost of $300. The policy also includes a reimbursement program in which the City reimburses up to $100 per employee for the cost of participating in cessation programs. The one -time anticipated expense of this reimbursement program is approximately $5,000 and can be absorbed in the 1991 and 1992 City Manager's office's budget for professional services. Employees would have one year in which to take advantage of this offer. "Tobacco Free Environment" signs will be posted at entrances to all City facilities. Councilmember Pedlar applauded the efforts of staff in dealing with a difficult and sensitive issue, and noted the designated smoking areas outside of the buildings will be beneficial in preventing smokers from moving to unsafe areas in which to smoke, and minimizing the amount of smoking debris on City grounds. He also noted a tobacco free environment promotes better productivity and healthier employees in the work place. In response to Councilmember Pedlar's question as to whether the Employee Safety Committee had considered a gradual step -down implementation plan, the Personnel Coordinator indicated employees have known the policy has been in the making for quite some time now and have had time to prepare themselves. Councilmember Scott felt the City needed to take a leading role in creating a more healthy environment in which to work and expressed support for the policy. The Mayor raised a discussion on employee options for cessation assistance. The City Manager indicated information on smoking cessation programs will be made available to all tobacco users. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the tobacco free policy and implementation funding with an effective date of February 1, 1992. The motion passed unanimously. VIDEO DISPLAY TERMINAL (VDT) EYEWEAR PURCHASE POLICY The Personnel Coordinator presented and reviewed a video display terminal (VDT) eyewear purchase policy for Council's consideration. This policy also is at the recommendation of the Employee Safety Committee. The purpose is to prevent and reduce problems related to eye fatigue and eye strain due to prolonged use of microcomputers or terminals. The 10/21/91 -17- policy proposes the City pay for fifty percent of an employee's special eyewear package which now ranges from $60 to $120. About 42 employees w Id b g ou a eligible for the program. g e o P g The maximum cost to the City is approximately $2,500. Although it is an ongoing expense, the majority would be incurred during the first year of the program. The Council briefly discussed implementation of this policy and noted an added benefit should be a reduction in the number of workers compensation claims of eye problems it incurred with the use of video display terminals. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the video display terminal eyewear purchase policy and funding in the 1992 budget with an effective date of January 1, 1992. The motion passed unanimously. AMERICAN DISABILITIES ACT In response to Councilmember Pedlar's request for an update on consideration of the American Disabilities Act (ADA), the City Manager said staff has studied and is presently working on obtaining the standards. STREET MAINTENANCE AND IMPROVEMENT POLICIES The City Manager presented proposed street maintenance and improvement policies and advised the Council he and the Director of Public Works had been working n a plan a to g P get some of the City streets rebuilt. The Director of Public Works advised the Council the City of Brooklyn Center is responsible for the construction and maintenance of 105 miles of streets which are under its jurisdiction. Of these streets, 21 miles are classified Municipal State Aid streets and 84 miles are classified as local streets. The high level of street maintenance the City has provided in the past is becoming more and more difficult as costs continue to increase. The street maintenance program includes the patching and repair of chuckholes g, crackin settlement and rough edges as the manifest. Total cos for this g g y is o t s level of maintenance are currently estimated at $650,000 per year. The average street in Brooklyn Center is approximately 30 years old and has not had a major upgrade since construction. In addition, the lack of curbs and gutters creates an unkempt appearance, hastens deterioration of the street, and increases maintenance costs. The Director of Public Works further reviewed a report prepared in response to the ongoing decline in the City's ability to maintain an acceptable level of street maintenance service. In addition to providing an overview of the subject matter, the report discussed costs and potential sources of financing, and recommended development of a program based on citizen participation in and the development of a technical pavement management system (PMS). The Director of Public Works reviewed each of the following existing and potential funding sources: special assessments; general obligation bonds; infrastructure replacement reserve 10/21/91 - 18- fund; local Municipal State Aid Accounts 2600 and 2611; storm drainage utility funds; CDBG funds; utility franchise fees; and transportation utility funds. The Director of Public Works reviewed the proposed technical pavement management system (PMS) which is a software program included in the 1992 data processing department's budget request. The program will: fine tune the City's sealcoating program by better forecasting which street segments will benefit and which can wait; provide a documented basis for deciding whether to continue to repair a street segment or to reconstruct it; and maintain inventories of trees, roads, sidewalks, trails, bridges, etc. In addition, it will be integrated into the total public works information management system which will include automated mapping, a public utilities management system, a vehicle management system and other MIS applications. In summary, the PMS system will assure the City's ability to develop the most cost effective, long -term street maintenance program, document the needs, and provide a sound basis for development of a street improvement program. It will take one to three years to fully implement the system. The Director of Public Works advised the Council the street reconstruction program includes three types of improvements, and will cost between $200,000 and $500,000 per mile depending on the type of improvements needed. Type I, estimated to be approximately 40% of the streets, includes the installation of curb and gutter, minor drainage adjustments, patching and overlay, and will cost approximately $200,000 per mile. Type II, estimated to be approximately 30% of the streets, includes the installation of curbs and gutters, minor drainage adjustments, patching, overlay, and minor regrading, and will cost approximately $300,000 per mile. Type III, estimated to be approximately 30% of the streets, includes complete reconstruction, and will cost between $400,000 and $500,000 per mile. The cost to reconstruct all 81 miles of non -MSAS streets in the City will be $25 to $30 million, and does not include the cost of related utility improvements. The Director of Public Works discussed the City's approach of reconstructing those streets which are in the poorest physical /structural condition first. The first area to be selected would be the residential streets west of Brooklyn Boulevard and north of 69th Avenue. However, recognizing the Maxfield Housing Market Study recommended beginning with curbs and gutters in the southeast neighborhoods to strengthen the appeal of the g g PP neighborhood, staff also recommended priority consideration of a program within a selected segment of the southeast neighborhood. The northwest streets are basically Type III; the southeast streets are basically Types I and II. The Council and staff discussed the different aspects of the Director of Public Works' report. In response to the Mayor's question as to what 1992 would entail, the Director of Public Works said in addition to organizing the program for implementation in 1992, possibly the first 1 -1/2 miles of street could be reconstructed. Councilmember Cohen raised a discussion on the importance of aggressively pursuing all possible avenues of strong financial resources to cover the cost of the program. In addition, 10/21/91 _19- I he felt the City needs to determine what residents feel will be a fair amount to be assessed for curbs and gutters and street reconstruction. He recognized that the deferment of special assessments for street reconstruction is not now permitted. If the City wishes to provide for such deferments, it may need to obtain special legislation and to create a special fund to cover the costs of such deferments. I In response to Councilmember Pedlar's question as to how long the streets will last, the Director of Public Works said the curbs and gutters should last 40 years, as should the streets with regular overlay and sealcoating. In view of the response, Councilmember Pedlar indicated he would like to see a reconstruction /cost program that would address the next 40 years. Councilmember Scott advised the Council and staff she supports the program and would like to see it get started as soon as possible. She suggested the first street to be reconstructed under the program be a highly visible street in the southeast neighborhood to reflect the aesthetic enhancement and enerate resident enthusiasm of h g t e ro ram. P g The Director of Public Works asked the Council for direction on citizen involvement in the program to assure public support, possibly through the Earle Brown Neighborhood Advisory Committee and /or the Financial Task Force. The Mayor raised a discussion on promotional information formulating at n improvement ro 1 g proposals, costs and financing options. P P � g pt ons. Councilmember Cohen suggested that such a package be tested in one select area to ascertain effectiveness and resident response. Councilmember Scott suggested information on the proposed improvements along with P P P t the g best financial alternatives to covering he cost b relayed g e e ayed through the local newspapers inviting residents to an open forum to determine citizen interest and response. The City Manager advised the Council he would like the Financial Task Force to review the staff report on the program after the budget process is completed. In response to Councilmember Pedlar's question as to how to deal with residents on streets that "need" to be done versus residents on streets that "want" to be done, the Director of Pubic Works concluded the discussion of the street maintenance and improvement program by emphasizing an effective program would be a combination of a sound pavement management system and citizen participation. RESOLUTION REGARDING BIDS FOR COMMUNITY WATER SLIDE IMPROVEMENT PROJECT NO. 1990 -24 CONTRACT 1991 -R The City Manager presented an update on the bids for community water slide improvement project No. 1990 -24, contract 1991 -R. The Director of Public Works reviewed the current status regarding bids for community water slide improvement project No. 1990 -24, contract 1991 -R. 10/21/91 -20- The Council and staff discussed the differences between the architect's $182,500 preliminary estimate of the project and the two bids which were received in the amounts of $254,300 from Alltech Engineering Corp. and $255,300 from Sheehy Construction Co. The Director of Public Works identified the following major factors in the overrun: 1. The project was designed to be a permanent structure with very low maintenance costs and to compliment the existing design and architecture of the swimming g g g pool and Community Center. The design features included a custom built concrete stairway to the top of the water slide, a custom built concrete bridge over the end of the water slide, ceramic tile on the stair treads for both the stairway and bridge, custom built railings on the stairway and bridge, no exposed piping on the deck surface, as well as other enhancements to the function and appearance of the water slide. 2. Development of the plans and specifications was done on a fast -track basis which did not allow for detailed discussions between the architect and prospective contractors, nor between the architect and City staff. 3. In addition to the advertisement for bids, copies of the bid notice were mailed to 15 contractors whom the architects felt would be capable of doing this project, and there was more than ample time for contractors to prepare bids; however, only four general contractors obtained copies of the plan and specifications and only two responded with bids. The Director of Public Works further reviewed possible substantial revisions to the plans and specifications which would bring the project costs back down to the established budgeted amount of $182,500. 1. Use of a prefabricated steel bridge with fiberglass stair treads and standard pipe railing rather than the custom built concrete bridge. Estimated cost savings would be $20,000 to $25,000. 2. Use of a steel stairway with fiberglass stair treads and landings and standard pipe railings rather than the custom built concrete stairway with ceramic tile treads and custom build railings. Estimated cost savings would be $28,00 to $33,000. 3. Revision of plumbing system and pump room design for an estimated cost savings of $5,000 to $7,000. 4. Allow contractor to use spread footings rather than concrete filled steel caissons for an estimated cost savings of $5,000 to $7,000. 10/21/91 -21- The Director of Public Works advised the Council the architect and staff felt such revisions would provide a water slide just as functional and acceptable as the original design. The differences would be in the appearance of the slide; the maintenance costs of the steel bridge and stairway would be higher than for concrete structures; and the pre- fabricated steel bridge and stairway would have more posts extending down to the pool deck and steel bracing, resulting in somewhat more interference with the use of the pool deck spaces. He added if steel structures are used, rather than concrete, a very high quality paint system will be used to keep maintenance costs as low as possible. He further added a possible advantage to the steel structure would be the ease with which it could be changed or removed if need be at a later date. The Director of Public Works presented the four options for the Council's consideration: 1. Accept the low bid received and award the contract in accordance with that bid. 2. Award contract to the lower bidder, but negotiate a change order to reduce the costs. 3. Reject the current bids, authorize the architect to revise plans and specifications in accordance with the alternative designs outlined above, and advertise for new bids. 4. Reject all bids and terminate consideration of the installation of a water slide. The Director of Public Works and City Manager recommended the Council consider option 3 to reject all bids, revise the plan and specifications, and advertise for new bids. The recommendation is based on the considerations provided, the current budget crunch, and with the prevailing goal of serving the community's needs. The Director of Public Works reported staff estimated construction could start in early February 1992 and would take approximately two full months to complete. An April 1, 1992, re- opening of the pool would provide opportune time to promote the water slide prior to the seasonal openings of the outdoor swimming pools. The Council and staff discussed the recommendation and compared long -term maintenance costs of the revised design to the initial costs of the original design. In response to Councilmember Pedlar's question as to the payback on the project, the Finance Director stated the payback would be two to five years on the revised design and approximately five years on the original design. Councilmember Pedlar suggested, and the Council and staff concurred, the City rebid the original plan and specifications as well as option 3. 10/21/91 -22- RESOLUTION NO. 91 -256 Member Jerry Pedlar introduced the following resolution and moved its adoption pending an amendment to include direction to rebid the original plan and specifications as well as option 3: RESOLUTION REGARDING BIDS FOR COMMUNITY WATER SLIDE IMPROVEMENT PROJECT NO. 1990 -24, CONTRACT 1991 -R The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Mayor reported to the Council the Recreation Director and staff had worked out an arrangement whereby lengthwise lap swimming lanes will be available to lap swimmers at all times. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1991 -23 SEWER REPLACEMENT AT BROOKLYN DRIVE APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS The Mayor summarized the Council's earlier review and discussion of staff reports covering both the need and plans for this particular sewer replacement project. RESOLUTION NO. 91 -257 Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1991 -23, SEWER REPLACEMENT AT BROOKLYN DRIVE, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PRESENTATION OF PROPOSED 1992 CITY MANAGER'S BUDGET The City Manager advised the Council the presentation of his proposed 1992 budget had been removed from the October 21, 1991, agenda, and would be included on a future agenda. REQUESTS FROM COUNCILMEMBER COHEN Councilmember Cohen requested staff consider establishing a policy that Planning Commission applications be brought before the Council for consideration and approval only after having been reviewed by the Planning Commission. Such a policy would restrict applicants from bringing last- minute revised /modified proposals directly to the Council for consideration. 10/21/91 -23- Councilmember Cohen also requested the Council consider establishing a parameter for its regular sessions to provide for a reasonable adjournment time. LABOR NEGOTIATION WORK SESSION There was a motion by Mayor Paulson and seconded by Councilmember Cohen to schedule a labor negotiation work session immediately following adjournment of the October 21, 1991, Economic Development Authority meeting. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:01 a.m. (October 22). Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Secretarial Service 10/21/91 -24-