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HomeMy WebLinkAbout1994 11-28 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 28, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:04 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Carla Wirth. Councilmember Barb Kalligher was excused from tonight's meeting. OPENING CEREMONIES Ulysses Boyd offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this evening from Jim Peppe to address agenda item No. lli concerning the proposed amendment to the 1994 General Fund budget to Provide Funding for a Special Election. He inquired if Council was willing to allow Mr. Peppe to address this matter under Open Forum. Jim Peppe stated he is a Brooklyn Park resident and appreciates the opportunity to address this matter during Open Forum. He indicated his concern that the residents of Brooklyn Center are being asked to fund $10,500 to fill Bill Luther's State Senate seat through a special election. He asserted Senator Luther was absent from Brooklyn Center for several years, raised $1 million during his campaign, and should be required to pay for this special election himself. Councilmember Rosene advised the Council's rules of Open Forum restrict political speeches. Mr. Peppe stated he is interested in the taxpayers of Brooklyn Center where taxes are "going through the roof' and now taxpayers are expected to pay for a special election that could have been avoided if Senator Luther had resigned his seat prior to running for Congress. 11/28/94 - 1 - Mayor Paulson noted he and Mr. Peppe are candidates for Luther's Senate seat. He added the Council will have to consider what is in the public's best interest. Mr. Peppe requested the Council consider passing this additional cost onto Mr. Luther since he made it necessary and should be held responsible. Dan Remiarz, Brooklyn Center resident, commented on a newspaper article he read several weeks ago regarding the City Manager's recommendation the Police Chief be selected from within the ranks. He expressed concern with this recommendation, asserted this process is not always successful, and requested the Council reevaluate what is in the best interest of the City's residents. Mr. Remiarz commented in an Army platoon, a vote of no confidence of the platoon commander would be considered mutinous and court marshalled and now the Council is considering promoting 'one of them ". Councilmember Rosene asked Mr. Remiarz if he was implying one of the Police Captains were part of the vote of no confidence. Mr. Remiarz stated this is what was reported in the newspaper. Councilmember Rosene clarified the Police Captains are not part of the Police Union who made that vote. Mayor Paulson asked if there was anyone else present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS There were no Council Reports. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. The City Manager requested Agenda Item Ilk, Resolution Accepting Bid and Awarding Contracts for Improvement Project No. 1993 -18, Contract 1994 -Q, Residential Structure Removal (Park & Ride /Storm Pond Site) be added to the agenda. Councilmember Mann requested Agenda Item lli be removed. Council agreed to remove Agenda Item 8a from the agenda since a full Council is not present. There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the November 28, 1994, agenda and consent agenda as amended. The motion passed unanimously. 11/28/94 -2- RESOLUTIONS RESOLUTION NO. 94 -247 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER WOMEN'S CLUB FOR THE AFTER SCHOOL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -248 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING THE 1994 HERITAGE FESTIVAL AS AN EDUCATIONAL COMMUNITY CELEBRATION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -249 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND AUTHORIZING DEVELOPMENT OF AN RFP FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1995 -05, 69TH AVENUE SHINGLE CREEK BRIDGE REPLACEMENT, AND ROADWAY AND WATERMAIN IMPROVEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -250 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 13132 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 11/28/94 -3- RESOLUTION NO. 94 -251 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -252 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO JOIN THE LOGIS MOBILE DIGITAL TERMINAL GROUP AND PROVIDE FOR THE FINANCING THEREOF 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 Mann and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Ithaca Restaurant, Inc. 1501 Freeway Blvd MECHANICAL SYSTEMS NewMech Companies, Inc. 1633 Eustis Street RENTAL DWELLINGS Initial: Kwi- HaWong 1513 Humboldt Place Kwi- HaWong 1549 Humboldt Place The motion passed unanimously. MAYORAL APPOINTMENT TWIN LAKE USE TASK FORCE The City Manager advised the City has received three excellent applications for the Twin Lake Use Task Force. Mayor Paulson stated he would like to appoint William Siems as the At -large Representative and Dorothea Allen as the Lake Resident member. He explained the other applicant, 11/28/94 -4- Graydon Boeck, has served on the Water & Resources Commission, and he would like to appoint Dorothea Allen as a way of giving another resident an opportunity to serve the City. Councilmember Mann concurred all applicants would be excellent. She thanked Mr. Boeck for making application and suggested he consider applying for the Watershed Commission. Councilmember Rosene agreed and extended his appreciation to Mr. Boeck. There was a motion by Councilmember Mann and seconded by Councilmember Scott to affirm Mayor Paulson's appointment of Dorothea Allen and William Siems to the Twin Lake Use Task Force. The motion passed unanimously. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER Since a full Council was not present, the City Manager recommended consideration of this ordinance be tabled to the December 19, 1994, Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Mann to table further consideration of An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter to the December 19, 1994, Council meeting. The motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 94014 The City Manager presented Planning Commission Application No. 94014 submitted by Country Harvest Buffet Management, Inc. requesting rezoning and site and building plan approval for a Commerce Planned Unit Development involving a 10,000 square foot, 400 seat restaurant at the northwest quadrant of Freeway Boulevard and Shingle Creek Parkway. The Planning and Zoning Specialist presented the staff report and advised the Planning Commission unanimously recommend approval subject to conditions as outlined in its Resolution No. 94 -2. Councilmember Scott asked if this application will require an amendment to the Comprehensive Plan. The Planning and Zoning Specialist stated it will not because the Plan acknowledges this area for Light Industrial, Commerce, and Service /Office uses which is consistent with the proposed development. Councilmember Scott expressed concern regarding traffic circulation and questioned what can be done to encourage traffic to use the Parkway Circle entrance and discourage use of the Freeway Boulevard access. 11/28/94 -5- The Planning and Zoning Specialist advised full access is desirable as well as locating access as close to the Chi -Chi's access alignment as possible. He pointed out there will be no access along Shingle Creek Parkway so the only access on the north will be Parkway Circle. Councilmember Scott noted traffic is always backed up in this location and traffic coming from the east and south may not know the access to the north even exists. The Planning and Zoning Specialist explained an on -site free standing directional sign could be erected at both access points and there could be a directional sign at the corner of Parkway Circle and Shingle Creek Parkway if they were needed. Mike Atkins, representative for Country Harvest Buffet Management, Inc., reviewed the floor plan layout noting the location of the cashier, and areas for seating, and food preparation. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 94014 submitted by Country Harvest Buffet Management, Inc. requesting rezoning and site and building plan approval at 7:50 p.m. He inquired if there was anyone present who wished to address the Council. Cliff Hill, 7037 Humboldt Avenue, stated he felt this site is located too close to Chi -Chi's and expressed concern the proposed Country Harvest Buffet would create unfair competition. In response to Councilmember Scott's question, the Planning and Zoning Specialist advised Chi -Chi's had been notified of the Planning Commission and Council consideration. No one else appeared to address the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 7:52 p.m. The motion passed unanimously. In response to Mr. Hill's concern, Councilmember Rosene commented the Council does not want to do a disservice to Chi -Chi's and he feels these two restaurants cater to different taste. He commented the proposed Country Harvest Buffet will be of benefit to residents and draw consumers from a larger area. He added this restaurant may attract people who notice Chi -Chi's and patronize them as well. Mayor Paulson commented people have property rights and the Council cannot "set" the market. He stated he has been looking forward to having this property developed and feels it will be a benefit. 11/28/94 -6- The City Manager presented a Resolution Regarding the Disposition of Planning Commission Application No. 94014 submitted by the Country Harvest Buffet Management, Inc. RESOLUTION NO. 94 -253 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 94014 SUBMITTED BY COUNTRY HARVEST BUFFET MANAGEMENT, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinance Regarding the Zoning Classification of Certain Land. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve first reading of An Ordinance Amending Chapter 35 of the City Ordinance Regarding the Zoning Classification of Certain Land. The motion passed unanimously. DISCUSSION ITEMS: PHONE -IN LINE Mayor Paulson commented this is the second meeting for having the call -in telephone line available. Councilmember Rosene reminded the viewing audience this feature is only available during the live broadcast on Monday nights, not during the Tuesday rebroadcast. 1995 CITY COUNCIL MEETING SCHEDULE The City Manager advised it has been the Council's policy to accept the upcoming year's meeting schedule. He noted the meetings have been scheduled to avoid holidays, and if a problem occurs the schedule can be modified. The City Manager noted the new members will be ceremoniously sworn in at the January 9, 1995, Council meeting. There was a motion by Councilmember Mann and seconded by Councilmember Scott to accept the 1995 City Council meeting schedule as presented. The motion passed unanimously. 11/28/94 -7- HUMBOLDT AVENUE PROJECT - STATUS AND DIRECTION The City Manager explained the Council received the report of the Northeast Transportation Corridor Task Force on October 24, 1994, but did not take formal action to accept it which would also result in discharging the Task Force. The Director of Public Services reviewed staff's recommendation the Council formally accept the Task Force Report and discharge the Task Force, or send the report back to the Task Force for additional work. The Director of Public Services noted there is still a lack of consensus among the various parties as to which option should be implemented for the Humboldt Avenue improvement. The Task Force recommended a street improvement with reconstruction to a width of 36 feet to provide a two lane road with parking on one side. They felt on- street parking was an important characteristic of a neighborhood and eliminating parking would be counter to the goal of neighborhood preservation. An informal neighborhood poll taken by the Task Force indicated some felt parking was very important while others felt it was not so important as to justify widening the road. Others felt parking was not necessary. The Director of Public Services pointed out this informal poll did not indicate a clear majority for either option. The Director of Public Services indicated staff desires direction from the Council as to which option, if any, to pursue. She offered five options identified by staff as follows: L Do nothing. 2. Construct a 30 foot street to MSA standards with funding totally from state aid and local state aid funds (no special assessment). No parking would be allowed. It was noted if other funding were used, parking could be allowed. 3. Construct a 36 foot street with a straight alignment funded from state aid, local state aid, and special assessments. With a straight alignment the width of boulevard would be reduced on both sides by about three feet. With a curvilinear alignment the street would abut the sidewalk in some areas. About 14 trees would be lost but parking would be allowed on one side. Special assessments would be included with this option so a public hearing would be required. 4. Construct a parkway which would cost an estimated $3.25 million, mostly for right -of- way acquisition. While this would be eligible for state aid, currently there are not adequate funds to cover this cost. 5. Some other option involving review and possible reassignment of state aid designations. The Director of Public Services explained adjusting the City's municipal state aid system should be handled in a deliberative fashion to maintain the integrity of not only the City's system but also that of Brooklyn Park. Moving a designation which would make the system discontinuous usually has financial consequences and may have an unintended effect of forcing Brooklyn Park to make a change in its system. 11/28/94 -8 - The Director of Public Services commented on the current condition of paved surface and emphasized something needs to be done to improve Humboldt Avenue. Councilmember Mann questioned which side parking would be allowed if Humboldt Avenue is constructed to a 36 foot width. The Director of Public Services advised the consultant used input from neighborhood groups and recommended alternate parking based on what the neighborhood wants to see and where it would not impact trees and work well with cross streets. She added without a curvilinear design, it would be very difficult to consider alternating parking. Councilmember Mann asked if the majority of residents hadn't indicated they wanted parking. The City Manager responded some indicated they did not need parking or want it because it would result in an assessment. The Director of Public Services added some residents wanted parking but not if it resulted in the need to widen Humboldt Avenue. Mayor Paulson questioned the details of the proposal submitted but denied for State Aid funding. The Director of Public Services explained the City had requested a variance from the Commissioner of Transportation to improve the roadway with a 26 foot and 32 foot design (with parking in areas of 32 foot width) with funding through MSA. However, the Commissioner's Variance Committee denied the variance request based on their finding the width would not safely accommodate projected traffic on Humboldt Avenue. In response to Councilmember Rosene's question, the City Manager explained a curvilinear alignment would move within the right -of -way but the Humboldt Avenue right -of -way is so narrow it limits what can be done. Councilmember Rosene indicated support of a design which will break up the visual impact and induce the driver to slow down. The Director of Public Services advised there is not much room to work with considering the right -of -way available, sidewalks on both sides, and alternating parking. Councilmember Rosene inquired regarding the Hensel driveway which is "trapped" between two stop signs. The City Manager stated if the Council decides to proceed, the consultant will specifically look at that situation to determine the best way to mitigate the problem. Councilmember Rosene indicated support for establishing a project and directing staff to prepare a resolution for consideration at the next Council meeting. He believed Option 2, the 30 foot street design, had some negative aspects (loss of parking) but mostly positive aspects since it would not be wider than the current street, funded totally from MSA, and provide beautification with landscaping, curbs, and gutters installed. He stated he was reluctant to consider a 36 foot design since it would reduce the boulevard area. Councilmember Rosene commented the Council has discussed trying to reduce traffic but he did not see any way to accomplish this short of something drastic (diverter, blockage). 11/28/94 -9- Councilmember Mann indicated she is also more comfortable with Option 2, construct a 30 foot street, and felt traffic would travel faster with a 36 foot street. She asked if more trees can be saved with a curvilinear alignment. The Director of Public Services indicated staff looked at a 30 foot wide curvilinear alignment and found it could be designed around and save most trees, but some could not be saved. She agreed more could be saved than with a 36 foot wide design. Councilmember Scott stated she supported Option 2, construct a 30 foot street, originally and still supports it. She noted the area is only a few blocks long and it is probably not possible to have much of a curvilinear design that would be noticeable. She stated she does not support a wider design that would result in loss of trees and construct the roadway closer to houses. With regard to the "trapped" driveway, Councilmember Scott asked if a turn- around area could be constructed so the residents would not have to back out into traffic. The City Manager indicated this option could be looked at for any of the properties with a similar problem. He explained if the Council decides to move forward, a construction meeting will be scheduled with residents to consider greater detail of these issues. Councilmember Scott commented the Council has held a public hearing, scheduled meetings, and held Humboldt Avenue residents in limbo for a year. She suggested this matter be decided tonight and not "pushed off' on the new Council. Councilmember Mann indicated support for constructing a turn- around and suggested it be made available for all property with the City defraying some of the cost. The City Manager stated the consultant can look at all properties with this problem as well as other options that may be available. Currently, the project has not been looked into at that level of detail. Mayor Paulson stated another option is to use the specifications submitted to Mn/DOT for the variance and consider reassignment of State Aid designations. He commented perhaps the City should wean itself from State Aid for Humboldt Avenue. He supported that design (combination 26 foot and 32 foot wide design) and funding from another source. The Director of Public Services informed the Council MSA funding totals approximately $800,000 per year, and this project is estimated to cost between $200,000 and $300,000. She advised there is no other segment in Brooklyn Center that would generate as much State Aid need and no other segment meets MSA requirements that is not already designated except on short segment of 73rd Avenue. Councilmember Mann asked if the Humboldt Avenue MSA designation can be removed for a number of years and then redesignated after construction. The City Manager advised there would be no benefit, and if MSA funding cannot be used, there will be an assessment to property owners of over $3,000 per lot. 11/28/94 - 10- The Director of Public Services reviewed State Aid routes in this quadrant and explained Newton Avenue does not qualify for MSA designation since it is not a collector or arterial roadway. Councilmember Rosene expressed concern with a 32 foot design since property owners would have to be assessed and it would only be two feet wider. He supported a more narrow roadway (30 foot street) with no assessments. Mayor Paulson opened the meeting for residents to provide input. Mike Schwartz stated the concern has always been with the volume of traffic. He reviewed past action regarding Humboldt Avenue and the Task Force's recommendation to address traffic control measures and the need to design a road to reduce traffic volume. He asserted with a "band aid" solution, traffic will continue to grow. Mayor Paulson asked if he would support a 30 foot wide street. Mr. Schwartz stated it would not reduce traffic which is what the problem has always been. He noted residents have to deal with limited access and pollution. Councilmember Rosene pointed out the 30 foot street design would place the street further from the homes and landscaping would help with the visual impact, possibly also with pollution. He stated he understands this does not reduce traffic, but it would not encourage an increase in traffic volume either. Mr. Schwartz stated he believed there would be no benefit with a 30 foot street design. Residents have a 30 foot street now and to reconstruct it the same width and remove parking would not add any value. Councilmember Rosene noted the design would incorporate curbs to prevent vehicles from "jumping" curbs, add landscaping, and bury power lines to improve aesthetics. Mr. Schwartz stated the power lines are not on his side of the roadway and he felt constructing a turn- around in his front yard would be absurd. He reiterated the problem is too many cars on Humboldt Avenue. Debbie Hensel, 1500 Amy Lane, stated her property is the one referred to previously with a "trapped" driveway. She does not believe constructing a turn- around is the best solution and expressed concern about children's safety while walking to school since sidewalks are in this same area. She agreed with Mr. Schwartz the problem is the volume of traffic and suggested the MSA designation be moved to 73rd Avenue. Their main priority is to preserve the neighborhood and property values. Ms. Hensel suggested the City purchase her property and turn it into a parkway, but not to make them live with this situation any longer. She explained they have to take a "chance" every time they back out of their driveway onto Humboldt Avenue. She asked the Council 11/28/94 to deal with the traffic issue and provide some relief prior to reconstructing the roadway. She asserted removing the MSA designation on Humboldt Avenue will provide more freedom to construct a design that will hinder traffic. Councilmember Rosene questioned how the road could be redesigned to hinder traffic. Ms. Hensel stated diverters or rerouting traffic are all possibilities. She stated residents don't expect traffic to be totally blocked off but would like to see traffic volume reduced through use of features not available under MSA design standards. Councilmember Rosene stated he does not know of any other way to discourage traffic except to block it off and force traffic into different routes. The Director of Public Services advised one of the options staff reviewed was "chokers" and a system of diverters (median blockage at 73rd Avenue). All involved physical restrictions to force traffic onto other routes. Ms. Hensel stated while she would like the stop sign at 72nd Avenue removed, she would like traffic reduced even more, and removing that stop sign would not reduce traffic. Mayor Paulson asked staff if a 30 foot street design would provide any reduction in traffic. The City Manager responded a 30 foot street design with a curvilinear alignment would not add to nor divert traffic. The Director of Public Services reported while probably not directly attributable to installation of the stop signs, traffic volume on Humboldt Avenue has reduced 10% to 15% while Dupont Avenue has experienced a 50% increase, and Newton and 73rd Avenues have also experienced a large increase. She explained it appears traffic has fanned out into other neighborhoods. Councilmember Rosene stated he lives on Fremont Avenue and has noticed an increase in traffic volume. Mr. Schwartz stated it is not good enough to keep traffic off Humboldt Avenue but to also keep it out of other neighborhoods too and get it back on Highway 252. He encouraged the Council to take action now, before traffic volume reaches top capacity on every road. He pointed out Highway 610 will be completed and the Council needs to encourage mass transit to find another route or traffic will go through neighborhoods. Councilmember Scott commented on the frustration experienced by the Council in trying to reduce traffic when Brooklyn Park has indicated they are not interested in blocking off 73rd Avenue. She commented the Council has no control over traffic coming from the north and must impress on Mn/DOT the need to address traffic flow on Highway 252. She suggested -the Council contact legislators who can talk with Mn/DOT; however, in the mean time Humboldt Avenue is falling apart and something needs to be done. 11/28/94 -12- Mayor Paulson asked if the Task Force report had been accepted. The City Manager advised it had not and suggested it be formally acted on which will also dissolve the Task Force. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to accept the Northeast Transportation Corridor Task Force report and direct staff to pursue Option 2, constructing a 30 foot street, funded totally from State Aid and local State Aid funds, no special assessments, with the project including no parking, burying power lines, landscaping, and curb and gutters and to also direct staff to continue to work with Mn/DOT to funnel traffic on Highway 252. Councilmember Rosene commented even though the 30 foot street design does not discourage traffic it will not encourage traffic either and still provided needed improvements. He stated he does not pretend this is a good solution, but he felt it was the least bad solution. Mayor Paulson declared a recess at 8:51 p.m. The meeting was reconvened at 9:05 p.m. Councilmember Rosene noted higher than normal curb heights had been discussed to eliminate cars using the boulevard as a passing lane. He suggested this option be included in the road design, but not be so high they cause conflict with opening car doors. Councilmember Scott agreed. Mayor Paulson stated he has always felt the Council needs to do something to reduce traffic and preserve this neighborhood and he is not convinced the motion to construct a 30 foot street will do that. He agreed it is one of the least objectionable options but until the traffic volume issue is addressed it will continue to divide the neighborhood and City into quadrants. He believed the Council needed to do something to reduce traffic on Humboldt Avenue or accommodate the traffic on Highway 252. He stated while he respects other Councilmember's opinions, this has been the "bottom line" for him. Vote: three ayes, one nay. Motion carried. Mayor Paulson voted nay. Councilmember Scott indicated support of a resolution that the Council and staff continue to work with the City of Brooklyn Park and Mn/DOT to determine a reasonable solution to reduce the amount of traffic being funnelled off Highway 252 onto residential streets. She suggested options may include retiming signals on Highway 252. She also supported notifying the City's legislators that Mn/DOT has not been responsive to the City's concern. Mayor Paulson concurred and advised the Task Force found the access from Highway 252 onto Humboldt Avenue was the biggest issue and during rush hour, traffic from the north takes this shortcut to save several minutes. 11/28/94 - 13- Councilmember Rosene added making Humboldt Avenue a high priority for police enforcement will also help. The City Manager stated staff will proceed to work with Option 2 and involve residents to receive input on the design which will be considered by the Council after the first of the year for final design approval. Duane Hensel, 1500 Amy Lane, stated Humboldt Avenue residents will not like what the Council is planning and will not tolerate a project that is under construction from the spring of 1995 to the spring of 1996. He requested the project contract include a heavy penalty for every day the project extends beyond the deadline. STAFF REPORT RE: SPECIAL ASSESSMENTS FOR STORM DRAINAGE IMPROVEMENTS AND THE ASSESSMENT STABILIZATION PROGRAM The City Manager advised the Council, at its September 19, 1994, work session, reviewed the City's policy for special assessments for street construction and expressed a need to review the City's policy regarding financing of storm drainage improvements related to street improvements and the Assessment stabilization Program. The Director of Public Services explained Council has expressed some concern the Storm drainage Utility Fund rates are increasing faster than anticipated and reaching a maximum comfort level and without continuing to increase rates the Fund will not adequately finance all needed improvements. Also, some property owners were assessed the full cost of storm sewer construction when their storm sewers were installed 25 to 30 years ago, yet the current policy is new installations are paid entirely by the Fund, which is unfair to those property owners who paid their fair share. The Director of Public Services advised the Public Services Coordinator reviewed the storm drainage improvement financing policies of several area cities and found each have a slightly different approach. She recommended the following policy: 1. For basic repair and maintenance to existing systems, or minor upgrades, the Storm Drainage Utility shall pay the entire cost. 2. For construction of new storm sewer facilities, or substantial upgrades of existing facilities, the benefitting property owners shall pay 40 percent of the total cost and the Storm Drainage Utility 60 percent. 3. For regional facilities, a hydrologic analysis shall be conducted which evaluates subwatershed benefit, and the City Engineer shall recommend appropriate financing. The City Council shall determine on a case by case basis the appropriate cost sharing between the property owners of the benefitting subwatershed and the Storm Drainage Utility. 11/28/94 -14- CORRECTION Councilmember Scott questioned funding should there be a major break in the storm sewer system. The Director of Public Services responded emergency repairs would be paid for through the Storm Drainage Utility. The Director of Public Services reviewed the funding outcome based on the approach being recommended by staff. In the Northwest Area, the additional special assessment pre property for storm sewer would have been about $700 -$800, and in the James /Knox area about $500. This compares to $60041,000, the cost other properties in the City were assessed when storm sewer was constructed in their areas, updated for inflation. This is very consistent with the way it used to be done and less than charged in the mid- 1960's when originally installed. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to instruct staff to prepare modifications to the Special Assessment Policy for storm drainage improvements as outlined. The motion passed unanimously. The Director of Public Services then addressed the Assessment Stabilization Program by reporting the Council made 57 Assessment Stabilization grants in the James /Knox and Northwest Areas. Of the total 188 properties assessed, 31 percent of the property owners received some financial assistance. She advised while this has been an overwhelmingly positively received program, as currently established it is very expensive. The first half year program costs are over $65,000, which is in line with staff s estimate for a full year's program cost. Also, no permanent source of funding was established for this program. Currently it is funded from Local State Aid but this source of funds is also used to pay for sidewalk and trail improvements, amenities such as underground power, landscaping, and miscellaneous projects. This fund is not capable of supporting both the Assessment Stabilization Program and other improvement demands. The Director of Public Services recommended the Council reconsider the philosophy behind this Program and restructure it so most property owners contribute at least a minimum amount. She then reviewed her recommendation as outlined in her staff report and suggested staff be directed to prepare an amendment. Councilmember Mann questioned impact on the Senior program. The City Manager clarified the Senior program is a deferral program which defers the assessment until the property changes hands, but the assessment accrues interest while it is deferred. Councilmember Mann stated her support for providing some break but perhaps not funding the entire assessment. She commented owning a house is not a right, it is a privilege and some responsibility comes from owning a house and property. In response to Councilmember Mann's question, the Director of Public Services explained State Statutes do not allow the City to defer street assessments. In this case, the assessment is being made but funded from a different source than the property owner paying the 11/28/94 -15- assessment. She reviewed the limited circumstances under which a deferment can be made and commented on staff's ability to estimate eligible property owners based on currently available census data. Councilmember Scott stated she believes staff's recommendation is going in the right direction, but perhaps not far enough. She noted a single family home owner earning $21,000 per year should be able to pay more than $400 towards and assessment, and pointed out it is not fair to other taxpayers in Brooklyn Center to have to pay the majority of assessments under this scenario. The City Manager suggested staff be directed to calculate a more progressive curve line for this program. Councilmember Scott reported she has talked with other communities about this program and they indicated it was far too generous, especially considering how taxes in Brooklyn Center have increased. She indicated support for considering an Assessment Stabilization program that provides assistance to those who really need it but not those who can provide for themselves. The City Manager explained funding for this program comes from the rest of the community or the Local State Aid Fund. Because the information available when the program was established was too sketchy to base policy decisions, staff was requested to bring back results after one year for reconsideration and to make some very valid adjustments. The City Attorney clarified the project costs are fully levied against everyone and for those that qualify for this program, the assessment is reduced by funds from other sources. Council consensus was reached to direct staff to provide Council with additional data and a more progressive curve line for grant qualifications. PROCESS FOR SOLICITATION OF APPLICANTS FOR APPOINTMENT TO THE POSITION OF COMMISSIONER ON THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND ON THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION Since former City Engineer Mark Maloney has resigned his position as Commissioner to the Shingle Creek and West Mississippi Management Commissions, the City Manager recommended staff be directed to publish notice of this vacancy for consideration at the December 19, 1994, Council meeting. Councilmember Mann requested the time the meeting is held (mid -day) also be included in the notice. 11/28/94 - 16 - I There was a motion by Councilmember Scott and seconded by Councilmember Mann to direct staff to publish a notice of vacancy to fill the position of Commissioner to the Shingle Creek and West Mississippi Watershed Management Commissions. The motion passed unanimously. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Terminating Further Consideration of Special Assessments on Certain Properties, Improvement Project No. 1990 -10, 69th Avenue Reconstruction. The Director of Public Services explained on September 13, 1993, the Council received objections to assessments for the 69th Avenue street project from some residential property owners west of the France Avenue water tower. Due to the uncertainty of the future use or redevelopment of the area, the Council chose to table consideration of the assessments. Last week, one of the former property owners contacted staff indicating he had been required to place an escrow at the time he sold his property to pay off the special assessments. This property owner has requested the Council reconsider this issue so he can retrieve his money from the escrow if the decision is to not assess his property. The Director of Public Services explained the issue is what would be the most likely future use of these properties and whether it would be appropriate to assess the properties. The proposed assessment was based on the current R -3 zoning even though the property is used as single family at this time. It was noted these properties could be redeveloped in the future as commercial or some other use. If the Council desires to reconsider these assessments the public hearing will have to be reopened and property owners notified. Councilmember Scott commented it is only fair to the adjacent property owners to also assess these R -3 zoned properties. She pointed out they received some benefit and if sold for commercial use they would have been assessed even higher. She indicated support for establishing a date for the public hearing and certifying assessments on these properties. Councilmember Mann concurred and added it is not fair to expect other taxpayers to cover this cost. In response to Councilmember Rosene's question, the Director of Public Services explained these properties are zoned R -3 and used as R -1. Council's policy in the past was to base the assessment on the zoning classification rather than use of the property. Councilmember Rosene stated while he wanted them to pay their fair share, perhaps the Council could consider a reduction from the R -3 rate. He questioned the precedent that would be established if assessments are reduced on these five R -3 properties and adjusted based on use rather than zoning. 11/28/94 -17- The City Manager recommended the Council remain consistent and consider assessments based on benefit to the property. He added not following the Assessment Policy results in mitigating and effectively amending that Policy. Councilmember Rosene asked if these residents were aware of what was happening. The City Manager responded a number of meetings were held at that time so residents were fully aware. They were also aware if they rezoned, it would have down graded the vale of the property. He reported residents had argued the assessment should not be based on zoning and they should be treated the same as other R -1 property because they had the same use. He reiterated to be consistent, the Council needs to assess according to the zoning of the property, not the use. The City Attorney advised the benefit to the property, not the individual, needs to be considered as well as enhancement in fair market value as a result of the assessment. That enhancement is not subjective to the use of the property. In this case, the property is probably under utilized according to the market and zoning. councilmember Rosene sated he does not want to see more apartments or high density residential but would support townhouses on these R -3 properties. He added if these property owners want to rezone to R -1 he would support reducing the assessment to the R -1 rate. Councilmember Scott pointed out residents want these properties to remain R -3, as identified in the Comprehensive Plan, and because they are a buffer between the R -1 neighborhood and commercial along Brooklyn Boulevard. There was a motion by Councilmember Mann and seconded by Councilmember Scott to reconsider certifying assessments on certain properties for Improvement Project No. 1990 -10, 69th Avenue Reconstruction, and direct staff to establish a date to continue the public hearing and notify property owners. The motion passed unanimously. The City Manager presented a Resolution Amending Improvement Project No. 194 -32, Interim City Hall Remodelling, Reducing Scope of Project, Authorizing Purchasing of Workstations, and Authorizing Development of Plans and Specifications and Advertisement for Bids. The Director of Public Services advised staff is no longer recommending the original remodeling scope and are now considering basic remodeling and improved use of space within City Hall. She explained at this point in time, staff believes it would be better to focus resources to meet those needs. The Director of Public Services recommended the Council consider amending the scope of the remodelling project. She reviewed issues to be addressed which included replacement of existing office furniture with ergonomically correct adjustable furniture. She advised the 11/28/94 - 18 - i 'i City has experienced an increasing number of injury reports caused by repetitive motion and needs to be proactive in providing safe, ergonomically correct working conditions. The Director of Public Services reviewed the project costs as established and amendments proposed which will reduce the cost from $915,425 to $440,000 by reducing the scope of remodeling, eliminating the Police addition and adding high density storage. Councilmember Scott asked if this scope requires compliance with Americans Disability Act (ADA) requirements. The City Manager advised this scope will not trigger these requirements. He added the proposal will allow more effective use of the space and to provide more efficient workspaces that address ergonomic issues. Councilmember Mann questioned the status of the 13 ergonomic workstations that were purchased. The City Manager responded portions, like the chairs, have been received but the entire units have not yet been delivered because they first had to complete the process of selecting units that met ergonomic standards. RESOLUTION NO. 94 -254 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING IMPROVEMENT PROJECT NO. 1994-32, INTERIM CITY HALL REMODELLING, REDUCING SCOPE OF PROJECT, AUTHORIZING PURCHASING OF WORKSTATIONS, AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS. The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1994 General Fund Budget to Provide Funding for a Special Election. He advised this is a requirement of State law and ordered by the Governor of Minnesota. He recommended the Council approve this resolution. Councilmember Mann stated her opposition to appropriating $10,500 for a special election to fill former Luther's Senate seat. She felt the special election could have been avoided if Luther had resigned his Senate seat prior to running for Congress. She supported sending word to the Legislature of the need to reform this type of campaign practice. Councilmember Rosene commented it is common practice and precedent established that when running for office you do not need to resign the office you currently hold. He pointed out there has been no public outcry regarding this matter and mentioned several other cases where special elections are being held. 11/28/94 -19- Councilmember Rosene pointed out it will be beneficial to have a Congressman from Brooklyn Center who is familiar with the area and knowledgeable about local issues. Councilmember Mann stated this is tax payer's money that should not have to be spent if politicians would be required to resign their current office when running for a "higher" office. Mayor Paulson advised he will be abstaining from the vote on this issue since he is a candidate for the Senate seat; however, this is how democracy and a free election process works. He suggested if reform were to occur, it should begin at the federal level to address the full issue of mandates. Councilmember Mann supported preparing a resolution asking the Legislature to address campaign reform to avoid this kind of waste of taxpayer's money. Mayor Paulson stated he does not think this is too high a cost to assure free and open democratic elections. RESOLUTION NO. 94 -255 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR A SPECIAL ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Vote: Councilmembers Mann, nay; Rosene, aye, Scott, aye, Mayor Paulson, abstain. The motion passed. The City Manager presented a Resolution Approving the Installation of an Ice Skating Rink at Bellvue Park for the 1994 -95 Season, Amending the Proposed 1995 General Fund Budget Therefore. He advised this rink was removed due to a lack of use but now a number of residents have indicated renewed interest and requesting the rink be provided. The Parks and Recreation Commission recommend approval on a trial basis with staff monitoring usage based on ice conditions. Councilmember Mann indicated support and stated a petition with 53 signatures warrants consideration of their request. Councilmember Scott agreed and added there are a number of younger families with children in this neighborhood. Councilmember Rosene asked if these residents are also expecting a warming house. Councilmember Mann indicated they are not. 11/28/94 -20- f RESOLUTION NO. 94 -256 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE INSTALLATION OF AN ICE SKATING RINK AT BELLVUE PARK FOR THE 1994 -95 SEASON, AMENDING THE PROPOSED 1995 GENERAL FUND BUDGET THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Kristin Mann, and the motion passed unanimously. The City Manager presented a Resolution Amending Resolution No. 94 -237 Accepting Bid and Awarding Contracts for Improvement Project No. 1993 -18, Contract 1994 -Q, Residential Structure Removal (Park & Ride /Storm Pond Site). The City Manager advised an error was made by Otting House Movers in their bid form whereby they bid $4,500 for the purchase of 4006 65th Avenue N, not to demolish it. He recommended approval of their bid. RESOLUTION NO. 94 -257 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 94 -237 ACCEPTING BID AND AWARDING CONTRACTS FOR IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1994 -Q, RESIDENTIAL STRUCTURE REMOVAL (PARK & RIDE /STORM POND SITE) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. COUNCIL ABSENTEE Councilmember Mann asked if the discussion of Council absenteeism need to be discussed at a closed session. The City Attorney advised while data of City employees is discussed in closed session, Councilmembers are not employees of the City as defined within the Employee Data Act. Therefore, the issue can be discussed at a work session or regular meeting. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:27 p.m. J Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial 11/28/94 -21-