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HomeMy WebLinkAbout1985 09-23 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 SEPTEMBER 23, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, City Engineer Bo Spurrier, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. Councilmember Celia Scott was absent from this evening's meeting. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist recognized Ms. Roberta Johnson, 2712 O'Henry Road, who stated in January of 1984 the sewer backed up into her home, and the City Engineer told her to hire a cleaning crew and submit a claim to the City. She told the Council that last week she met with the City Attorney and was aware that her claim had been denied by the City's insurance company. Ms. Johnson asked for an explanation of why her claim was denied, and what action the City has taken. Mayor Nyquist informed Ms. Johnson that the Council intends to discuss the sewer backup claims later on this evening as a discussion item on the agenda. Mayor Nyquist asked if anyone else present wished to speak at the Open Forum. He recognized Ms. Dolores Hastings, 5813 Aldrich Avenue North, who stated she is a spokeswoman for the Residential Alternatives home. She announced to the Council that Residential Alternatives is having an open house at the Brooklyn Park home located at 6525 Edgewood Avenue North. Ms. Hastings stated the open house is scheduled for October 6, 1985 from 1:00 p.m. to 5:00 p.m., and she invited the Mayor, the City Council, and City staff to attend the open house. Mayor Nyquist next recognized Mr. Roger Lippold, 7012 Humboldt Avenue North, who stated he wished to speak before the Council this evening regarding the speeding and reckless driving on Humboldt Avenue North between 69th and 73rd Avenues North. He stated cars will not stop for crossing guards, and residents have difficulty backing out of their driveways onto Humboldt. Mr. Lippold noted the Police Department has conducted traffic surveys but the residents have been unable to obtain results of the surveys. He stated he feels the results of the surveys will not be accurate anyway because of where the police car was parked while taking the surveys. Mr. Lippold stated the City has posted a 11 25 mile per hour -while children are present" speed limit sign, but drivers slow down for the sign and then speed up again once they are past it. He complained about having only three active police cars patrolling the City at one time. Mr. Lippold offered several suggestions to the Council, 9 -23 -85 -1- including installing "stop" signs at 71st and Humboldt Avenues North. Mr. Lippold acknowledged that he and his wife had received a letter from the City addressing their concerns, but he felt the letter defined the problem that already exists. Mayor Nyquist asked if this complaint had been addressed by the Traffic Safety Committee and the City Manager responded affirmatively, saying that staff is aware of the problem and has been dealing with it. The City Manager noted that under state law the speed limits cannot be reduced to less than 30 miles per hour except in school zones, and this has been done with the installation of a 25 mile per hour speed advisory when children are present. He added the Police Department has conducted traffic surveys and noted there is heavy traffic in the area and somewhat of a speed problem. The City Manager also noted that problems may be alleviated when West River Road is finally upgraded. II ' Mayor Nyquist recognized Ms. Barb Lippold, $ pp d, 7012 Humboldt Avenue North, who stated that she is afraid there will be more traffic on Humboldt prior to the completion of West River Road improvements. She questioned the validity of the speed surveys conducted on Humboldt Avenue North, and the City Manager stated the results were obtained by an unmarked vehicle which found that 85% of the cars were traveling 35 miles per hour or less. Ms. Lippold expressed concern for the heavy amount of traffic, and the City Manager pointed out that the street is a public roadway. Ms. Lippold said the highway department informed her that more constant surveillance is needed to control the problem. The City Manager stated the Police Department has been most productive in tagging offenders at the busiest times, and can only enforce the 25 mile per hour speed advisory when children are present. Mayor Nyquist recognized Mr. Carmelo Martinez, 7042 Humboldt Avenue North, who stated he has lived at this address for the past eight years and the problem has worsened. Mr. Martinez stated that installing "stop" signs may help solve the problem, and he pointed out that this is a residential area. Mayor Nyquist asked if Humboldt Avenue North is a state-aid street, and the City Manager responded affirmatively. The City Manager noted that City staff has delayed action on making design changes on Humboldt Avenue North until after the upgrading of West River Road is completed. The City Manager added that the residents on Humboldt Avenue North are not alone in experiencing these problems, as there are other locations in the City also with heavy traffic. Mayor Nyquist recognized Ms. Jean Egan, 7118 Humboldt Avenue North, who stated she has been a school crossing guard on Humboldt Avenue North for seven years, and this is the first year that vehicles will not stop for her. She expressed the opinion that installing a "stop" sign will help solve the problem. Mayor Nyquist recognized Mr. Lee Hollister, 7019 Humboldt Avenue North, who expressed concern with the heavy traffic problems on Humboldt Avenue North. Mr. Hollister asked if it is legal to park on Humboldt Avenue North, and the City Manager stated it is. Mr. Hollister said that the residents will then do so in an effort to slow the traffic. Mr. Hollister stated he has three young children who are unable to cross even with a crossing guard present. He requested installation of "stop" signs at 71st Avenue North. The City Manager responded that under state law the City has an obligation to install "stop" signs where needed. To stop a straight- through street at a T intersection, in the opinion of the City Manager, will not meet state standards. The City Manager stated that a neighborhood meeting will be held to discuss the problems and the possibility of installing additional sidewalks in the area. 9 -23 -85 -2- Councilmember Theis told the residents that he shares their concern for the problem, but parking cars on Humboldt Avenue North to slow traffic may create problems for children in the neighborhood who will not be seen by drivers. He said he sees this effort as more of a hazard than a help, so he recommended the residents consider their action very seriously before implementing it. Councilmember Hawes asked if the speeding vehicles are traveling northbound or southbound on Humboldt Avenue North, and Ms. Lippold stated that generally the traffic is northbound in the morning because of the students traveling to the vocational school in Brooklyn Park, and in the evening the traffic flows both northbound and southbound. Councilmember Hawes asked if there is any way for a diversion lane to be created for buses, and the City Manager stated staff will investigate this option. Mayor Nyquist recognized Mr. Carl Dahietl, 702+ Humboldt Avenue North, who stated he has watched his neighbors try to back out of their driveways, and has witnessed one neighbor waiting 12 minutes before being able to leave. He noted the worst times are between 7:00 a.m. and 8:00 a.m., and asked if it would be possible to post the 25 mile per hour advisory between 7:00 a.m. and 9:00 a.m. The City Manager said that state law allows the City only to post the advisory when children are present. He added the City will contact the residents when arranging a neighborhood- meeting. DISCUSSION ITEM SEWER BACKUP CLAIMS The City Manager informed the City Council of the background of this issue and said the residents were told to submit their claims to the City. He stated because the problem was caused by the contractor, the City is not negligent and therefore the City's insurance will not cover the claims. He added the contractor's insurance company has also denied the claim. The City Attorney also reviewed the situation and told the Council that he met with the claimants at a meeting at City Hall last week. He stated he had suggested that the claimants hire an attorney and bring suit against the contractor. i Mayor Nyquist asked what the City pays in premiums to the insurance company and the Finance Director stated the City pays $80,000 per year in general liability insurance. Councilmember Hawes asked if it would be more effective to have numerous claims filed by numerous attorneys or one large claim filed by one attorney, and the City Attorney stated an insurance company would respond better if the claims are grouped together. He added it would not be economically feasible for each claimant to hire their own attorney. Councilmember Lhotka asked what the total amount of the claim is, and the City Attorney stated it is approximately $20,000. Mayor Nyquist asked why the City cannot pay the claimants and then collect the money from the City's insurance company. The City Attorney stated an attempt was made to draw up an agreement with the City's insurance company to adjust the claims and then sue the contractor. However, if the City is ultimately found liable, the City's insurance company will not pay back the City for the funds paid out to the claimants. Councilmember Lhotka requested staff to review the situation more closely and present the pros and cons of the situation to the Council at the next City Council meeting. Mayor Nyquist expressed concern for delaying this much longer because he wishes to resolve it for the residents. The City Manager stated staff can prepare a report and present it at the next City Council meeting. Councilmember Theis asked what the City can gain by paying the money now to the residents rather than running 9 -23 -85 -3- this all through the system, and the City Attorney stated that if the problem is resolved at this time there would not be additional attorneys fees that could be accrued otherwise. Councilmember Theis requested an analysis of costs for the City pursuing a speedy resolution to the problem versus the residents bringing suit against the contractors themselves. The City Manager stated a report will be prepared. Mayor Nyquist again recognized Ms. Roberta Johnson who requested that other people involved in this problem be notified, and the Mayor stated they will be notified. CONSENT AGENDA Mayor Nyquist informed the Council that item No. 8b is removed from the Council Agenda this evening. He inquired if any Councilmembers requested any items removed from the Consent Agenda, and no requests were made. APPOINTMENT OF ELECTION JUDGES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the appointment of election judges for the November 5, 1985 General Election. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PERFORMANCE BOND REDUCTION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reduce the performance bond to $40,000 for Ryan Construction, 6200 Shingle Creek Parkway. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 85 -164 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING THE BROOKLYN CENTER HIGH SCHOOL SILVER ANNIVERSARY CELEBRATION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -165 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -H (SEAL COAT IMPROVEMENT PROJECT NO. 1985 -15) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -166 Member Gene Lhotka introduced the following resolution and moved its adoption: 9 -23 -85 -4- RESOLUTION ESTABLISHING SANITARY SEWER RATE FOR THE ELDERLY The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following list of licenses: COMMERCIAL KENNEL LICENSE Brooklyn Pet Hospital 4902 France Ave. N. Daisy Mae Dog Grooming 6830 Humboldt Ave. N. Pet Centers, Inc Brookdale Center ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Athletic Boosters 6500 Humboldt Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Brooklyn Center Lioness 6500 Humboldt Ave. N. Brooklyn Center Lions 6500 Humboldt Ave. N. Earle Brown PTA 5900 Humboldt Ave. N. Willow Lane School 7020 Perry Ave. N. RENTAL DWELLING LICENSE Initial: Mryna Vest 6839 Colfax Ave. N. Renewal: James Sautter 5933 Aldrich Ave. N. Charles & Linda Sabatke 6306 Brooklyn Dr. D.L. Jurries Ent. 6518 Chowen Ave. N. Paul A. Dorfman 5245, 47 Drew Ave. N. Helene Ebhardt 5637, 39 Girard Ave. N. Michael L. Goodwin 5006 Howe Lane Harold & Sharon Schindele 5407 James Ave. N. Gary & Nancy Clark 4207 Lakeside Ave. #239 Daryl Losey 5931 Pearson Dr. Timothy & Nancy Phillips 6113 wail Ave. N. Robert Nechal 5332, 36 Russell Ave. N. Fred & Judie Swenson 5340, 44 Russell Ave. N. L. Futscher, E. Johnson 6424 Willow Lane Jack & Mary Jane Herrlin 5803 Wingard Place Hyun M. Choe 4512 63rd Ave. N. Nell Davis 3827 69th Ave. N. Gary W. Anderson 5413 70th Circle SIGN HANGERS LICENSE Arrow Sign Company 18607 Highway 65 NE Voting in favor: Mhyor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. 9 -23 -85 -5- APPROVAL OF MINUTES - AUGUST 26, 1985 - REGULAR SESSION There was a motion b Councilmember Hawes and seconded Y o ded b Y Councilmember Theis to approve the minutes of the re ular session of the City i g y Counc 1 meeting of August. 26, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Authorizing the Execution of a Joint Powers Agreement with the City of Eagan. He noted this agreement is similar to the agreement the City of Brooklyn Center has with the City of Crystal. Councilmember Lhotka asked if this item requires only a simple majority vote of the Council, and the City Attorney stated it does. RESOLUTION NO. 85 -167 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF EAGAN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes,and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85023 SUBMITTED BY VILLAGE PROPERTIES REQUESTING SITE AND BUILDING PLAN APPROVAL TO RELOCATE A 16 UNIT APARTMENT BUILDING TO THE NORTHEAST CORNER OF THE EVERGREEN PARK APARTMENTS PROPERTY IN THE 7200 BLOCK OF CAMDEN AVENUE NORTH The City Manager stated this item was recommended for approval by the Planning Commission at its September 12, 1985 meeting. The Director of Planning & Inspection referred the Council to pages one and two of the September 12, 1985 Planning Commission meeting minutes and the attached informational sheet regarding Application No. 85023. He reviewed the application and stated the Planning Commission recommended approval subject to three conditions. He recommended adding a fourth condition regarding a financial guarantee. Councilmember Hawes asked if the highway department is able to not declare this as excess property, and the Director of Planning & Inspection stated there is no guarantee that in three to four years they will not do so, but the highway department has given their assurances at this time. Councilmember Hawes asked what the minimum setback is, and the Director of Planning & Inspection stated it is normally 50 feet, but with the noise wall it can be 40 feet. Councilmember Lhotka asked why the noise wall will be made of wood, and the Director of Planning & Inspection stated this is the preference in this area. The Director of Planning & Inspection also pointed out that there is no public hearing needed for this application this evening. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Application No. 85023 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 issuance of permits. 9 -23 -85 -6- a 2. Utility plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. Approval is contingent on fulfillment of all conditions pertaining to Application No. 85016, particularly that the applicant shall enter an agreement with the City assuring that they (the applicants, their successors and assigns), shall purchase excess right -of -way abutting this property when it becomes available and shall combine it by plat or registered land survey with the existing site into a single parcel. 4. The applicant shall provide a financial guarantee (in an amount to be approved by the City Manager) to assure acquisition and combination of excess right -of -way to the Evergreen Park Apartments. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 85024 SUBMITTED BY RYAN CONSTRUCTION COMPANY REQUESTING FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A DRIVE -UP RESTAURANT AND ATTACHED RETAIL CENTER AT THE NORTHEAST CORNER OF SHINGLE CREEK PARKWAY AND JOHN MARTIN DRIVE The City Manager stated t�iis item was recommended for approval by the Planning Commission at its September 12, 1985 meeting. The Director of Planning & Inspection referred the Council to pages two and three of the September 12, 1985 minutes of the Planning Commission and an attached information sheet to those minutes. He proceeded to review the application and noted the Planning Commission recommended approval of the application subject to ten conditions. Upon reviewing the plans, Councilmember Hawes asked if the U- shaped area is for a trash receptacle, and the Director of Planning & Inspection stated it is and it will be built with brick walls with an iron gate. Councilmember Hawes asked if the driveway will provide ample space in order to bring a truck through to get at the trash, and the Director of Planning & Inspection stated it is large enough. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85024. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. Councilmember Lhotka asked if there are building plans available, and the Director of Planning & Inspection responded affirmatively. He proceeded to review the plans with the members of the Council. Councilmember Lhotka asked that condition 8b clearly allow for additional landscaping in the area. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Application No. 85024. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Application No. 85024 subject to the following conditions: 9 -23 -85 -7- 4 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. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. 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 of P 5 the City Ordinances. 5. An underground irrigation system shall be installed in all landscaped ed areas to p facilitate site maintenance. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The plans shall be modified prior to issuance of Building permits to indicate: a) Parking delineators as required by the City Engineer. b) The additional landscape screening in the area south of Building B in the greenstrip adjacent to John Martin Drive. 9. Driveway layout for the drive -up window shall be subject to review and approval by the City Engineer prior to the issuance of building permits. 10. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios. He stated this ordinance was first read on August 26, 1985, published in the City's official newspaper on September 5, 1985, and is offered this evening for a second reading. He added this item requires a 4/5 vote by the City Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios. He inquired 9 -23 -85 -8- i if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -14 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SUNTAN STUDIOS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. PLANNING COMMISSION ITEMS (CONTINUED) PLANNING COMMISSION APPLICATION NO. 85025 SUBMITTED BY RONALD BASHEL REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A TANNING STUDIO IN THE HUMBOLDT SQUARE SHOPPING CENTER AT 0�$ 0 HUMBOLDT AVENUE NORTH The City Manager stated this item was recommended for approval by the Planning Commission at its September 12, 1985 meeting, and was contingent upon the passage of the Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios. The Director of Planning & Inspection referred the Council to pages three and four of the September 12, 1985 minutes of the Planning Commission and the attached informational sheet with those minutes. He reviewed the application and stated no new materials had been received from the applicant. He added the Planning Commission recommended approval of the application subject to four conditions. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85025. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Application No. 85025. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Application No. 85025 subject to the following conditions: 1. The permit is issued to the applicant as operator and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violations thereof shall be grounds for revocation. 3. Permit approval acknowledges suntan services only. Services r 9 -23 -85 -9- such as massage or saunas are expressly prohibited in accordance with the City's Zoning Ordinance. 4. The establishment shall be inspected by the City Sanitarian prior to the issuance of the certificate of occupancy and yearly thereafter for compliance with applicable health and sanitation regulations. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 8:40 p.m. and reconvened at 8:56 p.m. PUBLIC HEARINGS PUBLIC HEARINGS ON PROPOSED ASSESSMENTS FOR WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 AND STREET IMPROVEMENT PROJECT NO. 1985 -05 The City Manager noted these public hearings are for the Lynda Avenue Water Main Installation and Street Reconstruction Assessments. The Director of Public Works stated he had some comments regarding all of the hearings and assessments before the Council this evening. He said notices have been published in the official newspaper and individual notices were sent to owners to be assessed. He noted all those receiving notices also received information on the City's policy regarding assessment deferrals and to date three applications had been received. He stated the Public Works Department had not received any written correspondence on any of the assessment items. With regard to the Lyndale Avenue Project, the Director of Public Works stated that both projects were initiated by action of the City Council. He proceeded to review the projects and the costs involved for both the Water Main Project and the Street Improvement Project. The Director of Public Works recognized that there have been construction problems on the street improvement project but it is now nearly complete. The final results will eventually be a project that does meet the specifications of the contract. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessments for Water Main Improvement Project No. 1985 -04 (Lyndale Avenue Water Main Installation) and Street Improvement Project No. 1985 -05 (Lyndale Avenue Street Reconstruction). Mayor Nyquist recognized Mr. Bud Murphy, 5607 Lyndale Avenue North, who critized the work of the contractors of the Street Improvement Project. He specifically pointed to areas of the street being patched and stated the City should not accept the street the way it is has been done. He added that he does not feel he should be assessed for this project. Mayor Nyquist asked if the project will meet specifications when completed, and the Director of Public Works said it would. Mr. Murphy stated that within two to three years there will be problems with soft spots in the street because of the very poor surface. He noted that the parking lot of the Riverside Motel is having ater drainage problems. g g P Councilmember Lhotka asked who conducted testing on the compactness of the street, and the Director of Public Works stated that personnel from the City Engineering Division had done it. He added that the contractor has been advised to correct the drainage problem at the Riverside Motel. 9 -23 -85 -10- Mayor Nyquist recognized Ms. Susan Schmid, 5500 Lyndale Avenue North, who stated the project is far from being completed. She pointed out that this is supposed to be a new project and patching is already being done. She complained about the problems with new sod which is not all rolled out at this time. She pointed out problems with water drainage, and the stench caused by the pumphouse on Lyndale Avenue North. Ms. Schmid told the Council that in May of 1985 the residents informed the Council that they did not want this project, and objects to the assessment which includes interest. Ms. Schmid continued pointing out problems related to the project including the poor water pressure and the problem of sand getting into the water system. She asked if the $100 per day damages fee is being paid by the contractor. The Director of Public Works stated this amount will not be paid until the project is completed. Ms. Schmid demanded to have in writing an explanation of where the $100 per day will be put to use in the City, stating she does not wish it to go in some sort of slush fund. Ms. Schmid asked if it is fair for the residents to pay interest even when the project is not completed because she feels it is impossible for the contractor to be finished by the suggested date of October 23, 1985. She feels the residents should not pay when the project is not yet finished. She also feels that the assessments create a hardship for senior citizens and those working at the minimum wage. Ms. Schmid asked if the completed project will include both the street improvement and landscaping. The Director of Public Works stated the contractor will not be paid until the entire project is completed. The City Manager noted that the planting of trees is not included in the contract, and Ms. Schmid asked when the trees would be planted. The City Manager stated this will be done once the contractor has finished his work, but no sooner than this. The Director of Public Works addressed the complaints issued by Ms. Schmid. He stated the soft spots in the road will be repaired and brought up to standard once the final blacktop is added. He said curb and gutter repairs will be done, particularly where some damage was done by the contractor during the installation of the bituminous base. He said he will review the problems with the sod, and at this time was unaware that problems existed. In referring to the water drainage problems, the Director of Public Works stated the contractor has been advised that these problems must be alleviated. He noted the odors from the lift station are not related to this project, and a consultant has been contracted by the City to determine a solution for the problem. He acknowledged that the original completion date was August 16, 1985 and no extension was granted to the contractor. He pointed out that there has been an extremely heavy amount of rain since the middle of August which has caused problems for the contractor. With regard to the damages to be charged against the contractor for the delays, the Director of Public Works stated that only liquidated damages may be pursued according to state law. He added these are not penalties and the City is allowed to charge only the amount of liquidated damages which is defined as additional costs incurred by the City because of the delays. He added the money will be used to pay additional engineering costs such as inspections and survey costs. ' The Director of Public Works pointed out that the interest accumulation has been totaling since the start of the project and the City has been absorbing these costs. He stated that depending on the weather and performance of the contractor, the project should be completed no later than October 23, 1985. With regard to 9 -23 -85 -11- a landscaping, the Director of Public Works stated that the original proposal presented by the City included extensive landscaping, but the residents rejected this. He added there will be some landscaping done in the area and the City will attempt to reach a consensus with the residents on the landscaping to be done. Finally, the Director of Public Works stated the senior citizens living on Lyndale Avenue North may be eligible for deferment of special assessments according to the recently revised policy on assessments which make the costs more financially acceptable to the residents. Ms. Schmid told the Council that the City should not use weather as an excuse for the performance of an incompetent contractor. She stated there have been nice days when only two men were working on the site. The City Manager acknowledged that there has been a problem of performance by the contractor and the City is doing everything possible under the law to handle the situation. Ms. Schmid also pointed out the potential safety problem of the curve approaching Lyndale Avenue North, and the Director of Public Works stated that once the project is completed there will be signing and striping which will help relieve the problem. Mayor Nyquist recognized Ms. Delores Karr, owner of the Riverside Motel, 5608 Lyndale Avenue North, who stated the water is not draining from her parking lot and the lot would be an ice rink this evening if there were freezing temperatures. The City Engineer stated that staff is aware of the problem and the pavement will be replaced. Ms. Karr said the curb is breaking down again and she will not accept the project for what it is costing her. The City Engineer stated the damage to the curb will be repaired and because he is unaware of the specific damage he is unable to tell Ms. Karr what can be done this evening. A member of the audience expressed concern for the safety of children playing around the retaining wall, and asked who would be liable for any law suit due to injury. The City Manager stated the City of Brooklyn Center would assume liability. Mayor Nyquist recognized Mr. Frank Belatz, 5323 Lyndale Avenue North, who questioned the estimated versus the actual cost of the water main project. The Director of Public Works stated the current project costs from 53rd to 57th Avenues North on Lyndale Avenue North are included in the original estimate, and the actual cost includes monies spent previously to install the water main from across the freeway. Mr. Belatz expressed concern for the large decrease between the estimated and actual cost of the street improvement project and asked if the large decrease was due to the contractor making a very low bid. The City Manager explained the City's bidding process, and pointed out that two other contractors were relatively close to the amount of the low bidder. Mr. Belatz asked if the stone retaining wall is part of the street improvement project, and the Director of Public Works responded affirmatively. Mr. Belatz asked why stone is used, and the Director of Public Works said that this is the standard and most people have liked it. Mr. Belatz stated that a concrete wall is fine for the freeway and he objected to installation of a fancy stone retaining wall. Mayor Nyquist recognized Ms. Eunice Peter, 5331 Lyndale Avenue North, who expressed dismay over the work performed by the contractor. Mayor Nyquist again recognized Mr. Bud Murphy who questioned the process of the blacktopping, and the City Manager explained what procedures are usually followed. Mr. Murphy complained about the poor lighting on the lower end of Lyndale Avenue North and stated there are problems with vandalism because of the poor lighting. He 9 -23 -85 -12- also stated that there are speeding problems on the street, particularly during rush hour. The City Manager said the Police Department will investigate the problem. Mayor Nyquist recognized Mr. Henry Wos, 5510 Lyndale Avenue North, who stated he has also had problems with the water drainage. He noted that his basement has been cracked in several places, and the cracks are of a result of the improvement project work. The City Manager stated the City will investigate the problem. Mr. Frank Belatz requested that prior to the full completion of the job, the City should notify every property owner who will be able to voice their opinion on what the existing problems are with the project. Mayor Nyquist asked if there was anyone else present at the meeting this evening who wished to speak at the public hearing on the Lyndale Avenue Improvement Projects. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Proposed Assessments for Water Main Improvement Project No. 1985 -04 and Street Improvement Project No. 1985 -05. Voting in favor: Mayor Nyquist, Council-members Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -168 Member ne Ge Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -169 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1985 -05 Councilmember Lhotka asked what would happen if the weather does not clear up and the project is not completed by October 23, 1985. The Director of Public Works stated from a legal standpoint there are no problems with levying the assessments. Councilmember Hawes asked what would happen if there were problems with the street in six months, and the Director of Public Works stated there is a one year warranty on the project. Upon vote being taken, the motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS (CONTINUED) REPORT ON FOUNDATION STONE MINISTRIES SITE The City Manager stated that the City Council had requested staff to prepare a report 9 -23 -85 -13- on options to improve access to the proposed Foundation Stone Ministries Site. The Housing Coordinator proceeded to present a report on this request. He stated the first obstacle that the City would encounter is demonstrating public purpose. He described the possible approaches that the City can follow which include making a public street out of one lot or creating a development district. The Housing Coordinator reviewed the various problems associated with these approaches. He then reviewed the financing options available to the City and concluded that the City may purchase the property to improve access to the site but there are many obstacles to doing so. The Council and staff discussed the traffic problems related to accessing the property. The Council took no action on this report. PUBLIC HEARINGS (CONTINUED) PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05 (RAMADA INN LIFT STATION The City Manager stated notices regarding this evening's public hearing have been sent to residents affected by the assessments and a notice was published in the City's official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessments for Lift Station Improvement Project No. 1984 -05 (Ramada Inn Lift Station) , and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Proposed Assessments for Lift Station Improvement Project No. 1984 -05 (Ramada Inn Lift Station). Voting in favor: Mayor Nyquist, Council-members Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -170 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR STREET IMPROVEMENT PROJECT NO. 1985 -09 (XERXES AVENUE STREET RECONSTRUCTION The City Manager stated notices regarding this evening's public hearing have been sent to residents affected by the assessments and a notice was published in the City's official newspaper. , Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessments for Street Improvement Project No. 1985 -09 (Xerxes Avenue Street Reconstruction) , and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 9 -23 -85 -14- l Councilmember Theis left the Council Chambers at 10:30 p.m. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on the Proposed Assessments for Street Improvement Project No. 1985 -09 (Xerxes Avenue Street Reconstruction). Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Hawes. Voting against: none. The motion passed. RESOLUTION NO. 85 -171 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1985 -09 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR STREET IMPROVEMENT PROJECT NO. 1985 -12 (DALLAS ROAD CURB, GUTTER AND STREET RECONSTRUCTION The City Manager stated notices regarding this evening's public hearing have been sent to residents affected by the assessments and a notice was published in the City's official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessments for Street Improvement Project No. 1985 -12 (Dallas Road Curb, Gutter and Street Reconstruction), and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Proposed Assessments for Street Improvement Project No. 1985 -12 (Dallas Road Curb, Gutter and Street Reconstruction). Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Hawes. Voting against: none. The motion passed. RESOLUTION NO. 85 -172 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1985 -12 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR STREET IMPROVEMENT PROJECT NO. 1985 -14 (65TH AVENUE CURB, GUTTER AND STREET RECONSTRUCTION) The City Manager stated that notices regarding this evening's public hearing have been sent to residents affected by the assessments and a notice was published in the City's official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed 9 -23 -85 -15- s Assessments for Street Improvement Project No. 1985 -14 (65th Avenue Curb, Gutter and Street Reconstruction), and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Proposed Assessments for Street Improvement Project No. 1985 -14 (65th Avenue Curb, Gutter and Street Reconstruction). Voting in favor: Mayor Nyquist, Council-members Lhotka and Hawes. Voting against: none. The motion passed. RESOLUTION NO. 85 -173 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1985 -14 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARINGS (CONTINUED) Mayor Nyquist opened the meeting for the purpose of a public hearing on the following items: PROPOSED ASSESSMENT FOR 1984 DISEASED SHADE TREE REMOVAL COSTS PROPOSED ASSESSMENT FOR 1985 DISEASED SHADE TREE REMOVAL COSTS PROPOSED ASSESSMENT FOR PUBLIC UTILITY HOOKUPS PROPOSED ASSESSMENT FOR DELINQUENT PUBLIC UTILITY ACCOUNTS PROPOSED ASSESSMENT FOR DELINQUENT WEED DESTRUCTION ACCOUNTS Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing on these items. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on the Proposed Assessments for 1984 Diseased Shade Tree Removal Costs, 1985 Diseased Shade Tree Removal Costs, Public Utility Hookups, Delinquent Public Utility Accounts, and Delinquent Weed Destruction Accounts. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Hawes. Voting against: none. The motion passed. RESOLUTION NO. 85 -174 MRmber Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member 9 -23 -85 -16- Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Gene Lhotka, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -175 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -176 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ASSESSMENTS FOR PUBLIC UTILITY HOOKUPS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -177 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Bill Hawes, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -178 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Theis returned to the Council Chambers at 10:35 p.m. PUBLIC HEARING ON ANNUAL CITY BUDGET AND USE OF FEDERAL REVENUE SHARING FUNDS Mayor Nyquist reconvened the public hearing on the Annual City Budget and Use of 9 -23 -85 -17- i Federal Revenue Sharing Funds. Councilmember Lhotka asked what the deadline is for passing the budget and the City Manager stated the absolute deadline is October 7, 1985. The Director of Finance reviewed the changes made to the budget following the City Council's September 16, 1985 special session. Councilmember Lhotka asked for additional information on the use of the carry -all van by the Fire Department. Councilmember Theis also requested additional information on the Fire Department's proposed computer operation. A request was also made for additional information on the Ulti -map system proposed in the Data Processing Unit. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to pass the resolutions related to the budget subject to the condition that the following items must have specific City Council approval before expenditures for them can be made: the Fire Department's carry -all vehicle and computer operation, and the Ulti -map system. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -179 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1986 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -180 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1986 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS (CONTINUED) ANOKA- HENNEPIN INDEPENDENT SCHOOL DISTRICT #11 REQUEST REGARDING FISCAL DISPARITIES The City Manager stated the City has received a request from the Anoka - Hennepin School District #11 regarding fiscal disparities. After a brief discussion, the consensus of the Council was to leave the City's options open regarding fiscal disparities, so no action will be taken regarding the request from School District #11. APPROVAL OF CONTRACT FOR 1985 FINANCIAL AUDIT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the contract for the 1985 financial audit. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. 9 -23 -85 -18- RECESS The Brooklyn Center City Council recessed at 10:52 p.m. and reconvened at 10:58 p.m. RESOLUTIONS (CONTINUED) RESOLUTION NO. 85 -181 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.41 THROUGH OUGH 462. 11 OF THE HOUSING OUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1986 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 10:59 P.m. f DepVty City Clerk F 9 -23 -85 -19-