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HomeMy WebLinkAbout1989 08-01 CCM Continued 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 CONTINUED SESSION AUGUST 1, 1989 CITY HALL CALL TO ORDER Mayor Pro tem Celia Scott reconvened the meeting of the City Council which was continued from July 24, 1989. The meeting reconvened at 7:03 p.m. Mayor Pro tem Scott explained Mayor Nyquist would be a few minutes late. ROLL CALL Mayor Pro tem Celia Scott, Councilmembers Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were Director of Public Works Sy Knapp, City Attorney Charlie LeFevere, and Administrative Aide Patti Page. Mayor Nyquist entered the meeting at 7:04 p.m. INVOCATION The invocation was offered by Councilmember Scott. RESOLUTION The Director of Public Works introduced a Resolution Accepting Bid and Awarding Contract for Contract 1989 -F, Alley Improvement Project Nos. 1989 -08, 1989 -15, 1989 -16, and 1989 -17. He explained that on June 26, 1989, the City Council conducted an improvement hearing on these projects and then ordered the improvement of the four alleys. He noted in addition to ordering the improvement, the City Council approved the plans and specifications and authorized advertisement for bids for these improvements. He noted bids were opened on July 27, 1989. He stated four bids were received, the lowest bid was from Thomas & Sons Construction, Inc. in the total amount of $137,527.10. He added the engineer's estimate of contract costs were $139,300. He went on to review the estimated to total costs and estimated special assessment rates based on the contract costs. He stated staff is recommending award of the contract to Thomas & Sons Construction, Inc. and also adoption of a motion providing that the assessment rates to be levied for these improvement projects shall not exceed the engineer's estimate of assessment rates for these projects as quoted at the June 26, 1989, improvement hearing. Mayor Nyquist inquired what type of problems have been experienced with this contractor. The Director of Public Works stated the contractor has completed numerous projects for the City. He noted the contractor does not always provide high quality supervision for the subcontractors. He added this project will be handled mostly by Thomas & Sons Construction, Inc. and added they are concrete specialists. Councilmember Paulson noted there are a number of people present in the audience this evening and inquired if there was time for a public hearing. Mayor Nyquist explained a public hearing has already been held regarding these improvements; however, the Council is always open for public comment. Councilmember Paulson inquired why a special session had to be held this evening to discuss the contract instead of waiting until the next meeting. The Director of Public Works explained if staff had waited until the August 14, 1989, City Council 8/1/89 -1- I meeting, two valuable weeks of construction time would have been lost. Mayor Nyquist stated the purpose of the meeting this evening is to award the contract for the improvement projects. He noted the special assessments would be levied at a later date at which time there would be a public hearing. Mayor Nyquist recognized John Kalligher, 5548 Girard Avenue North. Mr. Kalligher stated he was concerned with the procedures used by the Council in approving the improvement. He stated he does feel a public hearing was held properly to begin with and noted the engineer's findings are based on erroneous facts which would make the public hearing invalid. He noted the neighborhood expressed their desire to have bituminous installed in the alley, and he feels they are being cheated because they now have to pay for concrete. Mayor Nyquist asked the City Attorney if he would comment regarding the procedures to date for the public hearing. The City Attorney stated he feels the proceedings to date have satisfied all legal requirements. The Director of Public Works stated there are safety and health hazards in alley No. 1. He noted there are several garages along this alley that have a flooding problem and standing water breeds mosquitos. He noted because of the number of potholes in this alley, it creates a safety concern because of vehicles trying to dodge the potholes. He stated he feels the Council's proceedings have complied fully with the Council's adopted policies regarding consideration of alley improvements. He then went on to review the slides of alley No. 1 which were taken a full 24 hours after a normal rainfall. Mayor Nyquist recognized June Scofield, 5543 Fremont Avenue North. Mrs. Scofield stated her biggest concern is the fact concrete is being installed instead of bituminous. She stated she did not understand why bituminous could not be used. The Director of Public Works stated the grade in alley No. 1 is very flat and installation of bituminous would not allow for the tight control of grade which needs to be achieved for proper drainage of the alley. He noted it is possible to achieve the proper grade by installing concrete. He noted if bituminous were installed, there would be a number of areas where there would be puddles, and these puddles would lessen the life expectancy of bituminous. Mrs. Scofield stated she thought the storm sewer would take care of the drainage problem. The Director of Public Works stated even with the installation of a storm sewer, if the grade is too flat, there would not be complete drainage from the bituminous. Mayor Nyquist recognized Louie Larson, 5620 Girard Avenue North. Mr. Larson stated if the improvement goes through, it will be hard enough for the residents in the area to pay for this improvement without adding the cost of concrete onto it. Mayor Nyquist then recognized Steve Smith, 5630 Girard Avenue North. Mr. Smith stated he is in favor of the alley but wondered if it would be possible to build the grade up so that bituminous could be installed. The Director of Public Works stated the bituminous estimate did comprehend bringing in fill to build up the grade. He noted though regardless of the base, it is impossible to accurately control the grade with bituminous. He noted with installation of 8/l/89 -2- concrete the grade can be tailored to the situation. Mr. Smith stated if bituminous were installed and "birdbaths" were created, it would still be a better situation than the current one. The Director of Public Works agreed with Mr. Smith but stated he could almost guarantee there would be "birdbaths ". Mr. Smith stated if "birdbaths" are the only issue, then he feels the Council should change the improvement to bituminous. Councilmember Scott stated when talking of "birdbaths" the resident should realize that standing water will cause the bituminous to rot and come apart which would mean a whole new alley sooner than expected. Mr. Smith stated he does not want to be assessed for ten years and turn around and have to replace the alley and be assessed again. Mayor Nyquist recognized a resident who stated it's obvious the neighbors don't have much say regarding this improvement. He inquired why the Council bothered to ask the neighborhood what they wanted if the neighbors opinions meant nothing. Councilmember Cohen stated when the survey was sent out it was to get a response from the neighborhood and then the Council would have to make the final decision. He noted there are many young people in the area who stated they felt their properties were undervalued because of the unimproved alleys. He stated there is an ongoing battle in the southeast neighborhood to keep it from getting rundown. He noted the unimproved alleys are doing a disservice to the community. He stated he felt the Council should review the assessment policy at a later date regarding senior citizens and those residents who cannot afford to pay for the assessment. Mayor Nyquist recognized Louie Larson, 5620 Girard Avenue North. Mr. Larson inquired why the Council did not take any action on these alleys when they have been discussed in the past. Councilmember Scott stated she recalls these alley improvements being before the Council twice before. She noted the comment has been made the price for improvement and maintenance would increase, and she believes staff is telling the Council and the neighborhood that the alleys have reached _a point where it is not possible to maintain the unimproved alley anymore. Mayor Nyquist stated he would like to remind the Council and those present of the survey which was recently taken which found 708 of the residents stated they felt they could affect change within the City. He noted this indicates the Council is very responsive and responsible to the community. Mayor Nyquist recognized John Kalligher, 5548 Girard Avenue North. Mr. Kalligher stated he agrees with Councilmember Cohen that the Council should review the assessment policy and possibly more of the neighborhood should be assessed to spread out the cost. The Director of Public Works stated while it is true the community as a whole does benefit, this is evidenced by the City paying for the storm sewer which is 258 of the improvement cost. Also other residents in the area have already paid special assessments for alley installation. He noted the Council has already approved the assessment area and would have to start over if the assessment area were to be broadened. He added the bids have been received, and they reflect installation of concrete. He noted the contractor would not accept a change to bituminous surfacing at this point. Mayor Nyquist inquired if the Council reviews the deferred assessment policy and makes some changes would it be usable for this project. The City Attorney stated changes could be made in the deferred assessment policy right up to the time of levying assessments. 8/1/89 -3- ` Mayor Nyquist then recognized Steve Smith, 5630 Girard Avenue North. Mr. Smith stated if the Council changed the improvement for installation of bituminous, then the contractor should be able to come in with new prices. He noted if the contractor is not able to do this, then maybe the City should find a new contractor. The Director of Public Works stated if the Council changed this project to installation of bituminous, he would have to recommend rejection of all bids to avoid a lawsuit. He stated the projects would have to be rebid and work would most likely be delayed until 1990. The City Attorney stated the Council would be opening itself up to a public bidding lawsuit if the contract were changed even before it was executed. The Director of Public Works added readvertising would bring on substantial delays which could mean substantial price increases. Councilmember Pedlar stated there is no doubt the alleys need to be improved, and he feels concrete would serve the citizens and City well. He stated he agrees with the comment regarding review of deferred assessment policies, but he would like to see it expanded to include young people with low- incomes. The City Attorney stated there are specific statutory limits to extend deferred assessments, and he does not recall any provisions for low- income residents. He stated he would hesitate to comment any further without more review. The Director of Public Works stated the City Attorney is correct and assessment deferral is limited to senior citizens and handicapped persons. He noted, however, there may be some other options which could be used. He stated staff will review the policy and suggest possible changes before the assessment hearing. Councilmember Paulson stated he believes the residents are in a better position to say what is necessary for their homes than he is. He stated he would like to find some way the City could make the contractor change the estimate, and if the project is delayed, so be it. Mayor Nyquist stated if the Council were to change the project to bituminous, they would have to reject all bids and rebid the project to avoid any legal problems. Councilmember Scott stated each year construction costs raise approximately 7 -8%. She noted if the project were delayed the cost would rise for all projects involved not just this one alley. RESOLUTION NO 89 -147 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONTRACT 1989 -F, ALLEY IMPROVEMENT PROJECT NOS. 1989 -08, 1989 -15, 1989 -16 AND 1989 -17 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Paulson opposed. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to provide that the assessment rates to be levied for improvement project Nos. 1989 -08, 1989 -15, 1989 -16, and 1989 -17 shall not exceed the engineer's estimate for assessment rates for these projects as quoted at the June 26, 1989, improvement hearing. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott directing staff to review the deferred assessment policy and make recommendations to the Council prior to levying special assessments for these 8 -4- projects. The motion passed unanimously. Councilmember Cohen inquired when these assessments would be levied. The Director of Public Works stated it would not occur until sometime in 1990, and this would allow plenty of time for staff and Council review. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:45 p.m. C ��- �7 Deputy City Clerk May r 8/1/89 -5- i