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HomeMy WebLinkAbout1994 02-14 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 FEBRUARY 14, 1994 CONSTITUTION HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Public Works Coordinator Diane Spector, City Engineer Mark Maloney, City Attorney Charlie LeFevere, and Council Secretary Kathy Stratton. OPENING CEREMONIES The invocation was observed with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS There were no Council reports given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. No requests were made. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the . February 14, 1994, agenda and consent agenda as printed. The motion passed unanimously. 2/14/94 - 1 RESOLUTIONS RESOLUTION NO. 94 -26 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO CARRY FORWARD APPROVED APPROPRIATIONS IN THE AMOUNT OF $9,280 FOR EIGHT (8) H.T. 1000 MOTOROLA PORTABLE RADIOS TO THE 1994 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -27 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PEDESTRIAN BRIDGE REPAIRS AT CENTERBROOK GOLF COURSE, IMPROVEMENT PROJECT NO. 1993 -21, CONTRACT 1994 -B The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -28 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF ONE (1) SIXTEEN -FOOT (16') ROTARY MOWER WITH ROPS CAB The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the following list of licenses: RENTAL DWELLING Renewal: Kim McDonough 4703 68th Avenue North The motion passed unanimously. 2/14/94 -2- r DISCUSSION ITEMS HUMBOLDT /73RD AVENUES IMPROVEMENTS The City Manager explained the Council had received a summary of items to consider with their agenda and that a decision is to be made this evening regarding improvements to Humboldt and 73rd Avenues. The City Engineer presented an overhead detailing components of two options titled "Build in 1994" and "Interim Action & Study." The City Manager showed a chart describing appropriate action depending upon which option was chosen by the Council. Mayor Paulson said since there has been much audience input at other meetings, he would like to open the meeting to Council discussion first and then allow audience response. Councilmember Rosene asked if a variance would be needed from the City of Brooklyn Park if 73rd Avenue were to be made 26 feet wide. The City Manager said he thought it would be a cooperative effort but did not know if a variance was necessary. Councilmember Rosene expressed his interest in curvilinear construction. The City Engineer explained curvilinear construction had been shown to have the effect of reducing speed rates about two to three miles per hour. He said the cost is substantial if the right -of -way is needed and reasonable if right -of -way is not needed. He added if the City put a median down the middle of Humboldt Avenue from 65th to 69th Avenues and made it two -way with protected turn lanes, they would have to pay back the $200,000 - $250,000 in State funding used to reconstruct the road in the past. The City Manager explained curvilinear construction would eliminate many of the existing trees. Councilmember Mann said the number one concern is neighborhood safety. She said a longer range plan is needed. She said the "Interim Action and Study" plan is best with additional components and deadlines added. She said the need for a Task Force is great in order to take this slowly and look ahead. Mayor Paulson suggested taking an item at a time this evening, and starring with a broad policy stating the City of Brooklyn Center supports preserving neighborhood levels of traffic. He said that kind of policy would give other neighborhoods comfort in that the City will not just move the high traffic to another street. Councilmember Rosene said that is exactly what he stands for, keeping neighborhood traffic levels at what the streets were built for. 2/14/94 -3- Councilmember Scott said we all want to preserve neighborhoods and she was pleased to see Brooklyn Park residents addressing their City Council. She said Brooklyn Park should be involved by putting a No Right Turn sign up on Brookdale Drive, and that would help to give the people on Humboldt Avenue some relief now. She added she'd like to see interim measures taken, stop signs as recommended and also at 67th Avenue because she's seen people crossing there almost get hit. She concluded the more stop signs there, the more likely travelers will be to go to T.H. 252. Councilmember Kalligher said what's missing is that Brooklyn Center needs to contact Mn/DOT about lights on T.H. 252 so that arterial runs more smoothly. There was a motion by Mayor Paulson and seconded by Councilmember Rosene that Brooklyn Center is interested in preserving neighborhoods and establishing levels of traffic on a street -by- street basis. Councilmember Kalligher asked how it would be decided what's an acceptable level of traffic and what's not and whether staff would be involved in supplying information. Mayor Paulson said this is just a broad policy used as a launching point for this evening's discussion, and each street would be handled differently. Councilmember Mann said she likes the concept of the policy but would like to think about it a bit more and have more input. Councilmember Rosene said it seems the Council is somewhat uncomfortable with the motion and suggested the motion be withdrawn and the Council continue in a direction in which there is consensus. Mayor Paulson said he wants this motion on the books. f: There was no further discussion so a vote was taken, and the motion passed unanimously. Councilmember Rosene said he is not seeking to block traffic entirely or limit it to a point where businesses feel restricted. He said they are looking for ways to reduce the traffic somewhat, about 1000 cars per day, so traffic needing to reach Humboldt Square can do so. He said he is in favor of stop signs and curvilinear construction but not speed humps. Councilmember Mann said she is going about the solution similarly, but she is not sure the City is ready to build yet until the situation is understood better. Councilmember Rosene asked to what extent the infrastructure, i.e. sewer and water mains and gas lines, are in need of repair. 2/14/94 -4- CORRECTION The City Engineer said there is no current emergency, however, the condition of the pavement is just about gone. He said there is little life left and it is rotting from the bottom up. Councilmember Rosene said he respects Councilmember Mann's opinion now is not the time for something permanent, but he would like a solution tonight since the residents are not comfortable with being in limbo about the property values, etc. He said the interim plan would limit landscaping, and he thinks landscaping is a very important part of making this road seem like a residential area rather than a speedway. Mayor Paulson said landscaping could be discussed next, but since the policy is to preserve neighborhoods, then this Council will take steps to do something about it. Councilmember Rosene said because residents have complained about people driving on their lawns he would like to see curb and gutter installed. Councilmember Scott said she would like to go ahead with the "Build in 1994" option because sealcoating will not change anything. She continued she is not in favor of medians because it is a waste of money to have to pay back the State for the improvements between 65th and 69th Avenues. She said she thinks we have to go ahead and reconstruct at 30 -foot width with stop signs, curb and gutter, and any other traffic control measures as well as a very strong statement we will not tolerate other cities sending us their traffic. Mayor Paulson reminded the audience that "applause doesn't help their cause." Councilmember Mann said she is not opposed to road construction, but if a task force finds this road needs to be even wider, then it is wasting money doing anything now. She added if T.H. 252 can be changed to accommodate traffic, she would like to see Humboldt Avenue narrowed. Councilmember Rosene stated he did not want to see Humboldt Avenue become an arterial, and pressure should be put on Mn /DOT and Brooklyn Park to come up with alternate ways of moving their citizens. He concluded it is their problem. Councilmember Mann asked Councilmembers Rosene and Kalligher if they were for construction with or without assessments, and the response was that would be discussed later on. There was a motion by Mayor Paulson and seconded by Councilmember Kalligher to include landscaping and streetscaping. The motion passed unanimously. 2/14/94 -5- The City Engineer explained to receive State Aid minimum street widths are 30 feet with no parking, 36 feet with parking on one side, and 42 feet with parking on both sides. He said there had formerly been some misinformation regarding these widths and he accepted responsibility for that. The City Manager said if an alternative is chosen not involving State Aid funding, assessments and other funding would be necessary. Councilmember Rosene said an important issue is at stake here regarding the ability of the City to decide the fate of its own streets. He said he normally hates bond issues but in this case he would consider it. Councilmember Kalligher asked if the road could be made 36 feet to allow parking, and the City Engineer explained the boulevards are already somewhat substandard and that would chew up three feet more on either side. The City Attorney pointed out the Council cannot issue general obligation bonds without a general election unless 20% of the cost of the project is specially assessed. Councilmember Scott asked if it would be out of line to ask how many residents think parking is an important issue, and the show of hands was substantial. In response to Councilmember Rosene's question, the City Engineer said State aid funding had no restriction that precludes curvilinear design, but speed humps would restrict the speed to less than 30 miles per hour and thus the road would not comply with State requirements, which are non - negotiable. Councilmember Kalligher asked how much easement would be used if the construction was curvilinear. The City Engineer said it would be difficult to maintain two sidewalks and get noticeable curve in the road. He said almost all existing landscaping would have to go with a 36 -foot roadway and with a 30 -foot roadway some of the existing trees could be missed and some of the trees could be relocated. Mayor Paulson asked what other restrictions State funding would impose, and the City Engineer said anything that disrupts the continuity of the roadway like speed humps and chokers, but stop signs would be acceptable. Mayor Paulson said he is reluctant to miss out on $250,000 of State aid and asked the residents to show hands indicating if they would rather have parking or three more feet in their yards. 2/14/94 -6- Russ Snyder, 7234 Humboldt Avenue, said their least desire is to lose trees as that would be a total loss to what they've been trying to accomplish. He said he would much rather park in his driveway than cut down trees. Clifford Hill, 7037 Humboldt Avenue, expressed his confusion about how tar could rot from the under side toward the top because it usually wears out on the top first. The City Engineer responded the top of the street doesn't look so worn out because of the high level of maintenance on Humboldt Avenue. David Olsen, 1501 73rd Avenue, said to get rid of the State aid so the City can control what happens with Humboldt Avenue. He indicated in conversations with the State he had found they do not intend to penalize and they advised H.A.R.A. if parking is removed H.A.R.A. should seek damages in the neighborhood of $6,000 - $7,000 for loss of property value and H.A.R.A. would pursue that if parking privileges are removed. Larry Cuskey, 7024 Humboldt Avenue, said the west side of Humboldt Avenue is already too narrow and the City should not perpetuate a wrong done before. Councilmember Kalligher asked if the City truly could be held responsible for damages for removing the parking privilege and the City Attorney responded he had never heard of anything like that before and knew of several instances in which parking was removed and no such action was taken. The City Attorney expressed his desire to check into the matter further. Councilmember Scott stated Humboldt Avenue is 30 feet wide now and there is parking, so she did not understand why this is an issue. The City Engineer explained when you make improvements and submit proposals for construction, you then have to comply to State Aid regulations. In response to a question from Mr. Olsen regarding funding, the City Manager explained a certain amount of money comes each year for maintenance of State Aid streets and another amount for construction projects. He said the $750 figure Mr. Olsen quoted is a maintenance allocation for Humboldt, and the $15,000 - $20,000 cited is the annual construction allotment generated by the Humboldt mileage. Councilmember Rosene asked for help because it seemed impossible to have a 30 -foot curvilinear roadway with parking. The City Engineer said Humboldt Avenue is actually 29 - 31 feet wide, but because there is no curb people can cheat a bit when they park by going up on the grass. The Public Works Coordinator explained funding can come from regular State Aid, local State Aid, Capital Improvements Fund, or special assessment bonds. 2/14/94 -7- Councilmember Kalligher asked if overlaying would trigger State requirements for no parking and the City Engineer said it would not. Lillian Hetchler, 7216 Humboldt Avenue, said she never thought she could park on Humboldt Avenue and she has lived there several years without using that privilege. She said if people had garage sales or parties they used other people's driveways or side streets. Councilmember Rosene asked which element is least important to the residents of all these elements discussed, and Mr. Dave Olsen, speaking for H.A.R.A., said for the City to forego the State Aid, and people are willing to pay a reasonable assessment. Mayor Paulson commented it's heartening to hear residents respond that way to assessments rather than objecting. The City Attorney said it is important to remember that with a bond issue funding must be paid back, and levying special assessments still leaves you with 80% to pay for. Terry Bragg, 1101 Fremont Avenue, asked if anybody is putting pressure on Mn/DOT, and said what is proposed tonight is only a bandaid on the situation. He advised the Council not to throw away a quarter of a million dollars without other people in the City knowing that's what was done. He said this will affect people from Camden to Oliver and 65th to 73rd, so that whole group should be allowed input as to what should be done and have representation on a task force. He asked the Council not to spend any money at all on a bad solution, and he hasn't seen a good one yet. The City Manager said Mn/DOT has offered to sit down and talk about options, and one idea has been to put a third lane on T.H. 252. Councilmember Rosene commented not all the traffic is from people who get off of T.H. 252 but a lot is from Brooklyn Park residents who never get on T.H. 252. The City Engineer gave statistics from traffic studies showing 22 -25% of traffic which starts out at T.H. 252 is still on Humboldt at T.H. 100 and is therefore "cut through" during rush hour, or 10% total throughout the day, and that number is widely variable up to 40% depending on conditions on T.H. 252. F Mike Schwartz, 7100 Humboldt Avenue, said $1500 - $3000 in assessments is not the issue, but if the road is not fixed then he will leave Brooklyn Center. There was a recess called at 8:55 p.m. The City Council reconvened at 9:10 p.m. Eli Iverson, no address given, read articles from the Brooklyn Center Post about cutting taxes, about delinquent taxes being an outrage, and about 5 vacancies in Humboldt Square. 2/14/94 -8- He said if traffic is limited, who knows how many other businesses will leave? He said because businesses pay so much in taxes they are our lifeblood, so don't cut them off. Mr. Roy Jensen, 7208 Humboldt Avenue, said he doesn't think the Council is in a position to make a decision tonight because there is not yet a good solution. He said it felt like we are all back in the same position as in August when this started. He said if they all pay an assessment for improvements but there is no reduction in traffic it will have been a waste. He said reduce traffic, don't reconstruct, in fact, if the road is rough maybe it will discourage people from using it for cut - through. He concluded none of the options offered thus far are good. G Councilmember Kalligher said putting down an overlay means the road would still qualify for State aid. She said the City should send a message to Brooklyn Park and Mn/DOT to reduce traffic. She stated her opinion a task force should be created to come back January 1 1995, after more careful study of the issue. t There was a motion by Mayor Paulson and seconded by Councilmember Rosene to reconstruct Humboldt Avenue to 30 feet, maintain parking, and specially assess the residents at a reasonable rate and use the level of improvements to keep them at a reasonable rate. Councilmember Mann asked if this motion passes, then from where will the remainder of the funding come. Councilmember Rosene asked if any money could come from the utility fund because there will be utility work done in the event of reconstruction. The Public Works Coordinator explained it would be from a general tax levy to all the citizens of Brooklyn Center, and there is a statute not to use utility funds to pay for street improvements unless the street was dug up because of a necessary utility problem. She said there are only 25 properties not on corners, and corner properties would have the option to choose to pay an assessment now or later. She added this is consistent with procedure for other neighborhoods. Mr. Larry Cuskey, 7024 Humboldt, suggested the street be cut down to 26 feet to save on construction costs, and the City Manager said it would only save $10,000 - 15,000. The City Manager added the street width of 26 feet is not allowable for the volume of 5,000- 15,000 cars like Humboldt Avenue is carrying. Councilmember Kalligher said the motion is premature, and seems to be giving up State Aid funding for a solution we don't even know will work. She said the City should start small, put pressure on Mn/DOT and Brooklyn Park. 2/14/94 -9- Mayor Paulson said the Council and Brooklyn Center are the ones charged with finding a solution, and by not solving the problem it would be perpetuated. He said the City can't wait for someone else to come along and solve it. Councilmember Kalligher said she thought the City should just put down an overlay, keep State aid, keep parking, put in stop signs, and see what happens. Mayor Paulson asked if the overlay could include curb and gutter, and the City Manager explained overlaying is just a 1" asphalt layer like some people do to their driveways. Councilmember Rosene said perhaps the Council could make some of its actions contingent on Brooklyn Center and Mn/DOT, for example, put down the overlay and stop signs, and if by July 31, 1994, there is not a sign on Brookdale Drive saying NO RIGHT TURN, then a choker would be installed. He continued, if by December 31, 1994, no third lane is installed on T.H. 252, then Brooklyn Center will install a median barrier. Councilmember Mann responded she hears the intention and likes the idea of a deadline and contingency, but the situation on T.H. 252 is gridlock. A member of the audience said overlaying puts all the homeowners on Humboldt Avenue in limbo and keeps their houses off the market. Mr. Stan Owens, 74th and Riverdale, said he is from the "ever-so-terrible-Brooklyn Park ". He said he has seen pedestrians almost hit on Humboldt Avenue and suggests taking a row of houses and widening the road. He said T.H. 252 will never be able to handle more traffic, and if the problem isn't fixed now it will come back to haunt the Council. Mayor Paulson said Brooklyn Center does not have to remove homes so Brooklyn Park residents can get through our City. Mr. Olsen, 7104 Humboldt Avenue, said don't overlay, let it decompose, let crevices open up. He added overlaying encourages smooth movement. Councilmember Kalligher said if H.A.R.A. does not want an overlay, stop signs should be pursued. Mayor Paulson reviewed the motion on the floor to reconstruct at 30 feet with parking, to have reasonable special assessments based on the level of improvements that go in, and forego State Aid. Councilmember Rosene offered perhaps Brooklyn Park would chip in and help with costs, and answered his own question with probably not. He then called the question. 2/14/94 -10- Councilmember Scott said State aid should be kept on that street with no parking, and it's not fair to saddle other taxpayers with the bill. Mayor Paulson said State aid is re- allocatable, and Councilmember Scott countered the money could be re- allocated but never used on Humboldt. She said if money was re- allocated to another street, there are no good north -south routes since it has to begin and end in another State aid street. She said the only possibilities were Oliver, Newton, Morgan, Logan, and Camden. Mayor Paulson said he would amend his motion to direct staff to research and investigate ways either in design or appeals to Mn/DOT to retain State Aid, and Councilmember Rosene seconded the amendment. Councilmember Rosene said he does not want to see Brooklyn Center carved up to allow other cities' traffic. He said he does not flippantly forego $250,000, but his decision is based on $15,000 - 20,000 already being received rather than $250,000. The Public Works Coordinator clarified the City would not be losing $250,000, just the ability to use $250,000, but paying for that loss would work out to $40,000- 75,000 a year in debt service and the two options of budget reduction or levy to increase taxes. Councilmember Scott called the question. Those voting in favor: Mayor Paulson, Councilmembers Rosene and Scott. Those opposed: Councilmembers Mann and Kalligher. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to propose all -way stop signs at 72nd and 70th, and 3 -way signs at 67th & Humboldt, and 73rd and Dupont Avenue. Councilmember Rosene noted there are two places 72nd joins Humboldt Avenue, and it was Council consensus the intersection for stop sign placement be the southerly intersection. Mike Schwartz, 7100 Humboldt, asked if stop signs might create more of a problem and if residents might not be able to get out of their driveways at all if cars are lined up at stops. Mayor Paulson responded it would be monitored. Ms. Debbie Hensel, 1500 Amy Lane, said her driveway is right across from the southerly intersection of 72nd and Humboldt, and she would never be able to get out of her driveway. The City Manager said staff could research the exact placement of the sign to allow her access to her home. He encouraged the Council to allow staff to come back with a plan rather than designing this at the table. Mayor Paulson said because they have not received any designs from staff they have been forced to do it this way. 2/14/94 Councilmember Kalligher asserted a point of order and said staff is not on trial here. Councilmember Rosene offered the amendment to the motion calling for study regarding stop sign placement not to impede ingress or egress from any driveway, and Councilmember Scott accepted that amendment. An audience member stated he lived at 7240 Fremont and is strongly opposed to a stop sign at 67th and Humboldt and added it would be hazardous. He said there are not any residences surrounding that intersection, and Councilmember Rosene countered there are multi - family residences. Councilmember Kalligher called the question and the motion for stop signs at the southern entrance of 72nd and Humboldt, 70th and Humboldt, 67th and Humboldt, and 73rd and Dupont, not to impede ingress and egress to any driveway passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to install higher than normal, V- shaped curbs in order to prevent cars driving on lawns on Humboldt Avenue. Mr. Olsen, 150173rd Avenue, representing H.A.R.A., said they want normal curbs like other streets. Councilmember Rosene modified his motion to installation of normal- height curbs with a V- shape. In response to Councilmember Kalligher's question, the City Engineer drew a diagram of the V -shape curb and B- shape, or normal curb, and added the V -shape would be more expensive but would have no real benefit unless it was a higher curb. Councilmember Rosene modified his motion again to delete curb shape. In review, there was a motion by Councilmember Rosene and seconded by Councilmember Scott to install a normal, or B- shape, curb at normal height on Humboldt Avenue and direct staff to come back with options on how it should be designed. The motion passed unanimously. There was discussion regarding speed humps and the group reached a consensus not to use them for now. There was a motion by Councilmember Rosene and seconded by Mayor Paulson that Humboldt Avenue be as curvilinear as possible and still save the vast majority of existing trees. The motion passed. Voting in favor: Mayor Paulson, Councilmembers Rosene, Scott, and Mann Opposed: Councilmember Kalligher. 2/14/94 -12- There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher make sure pedestrian crossings are more clearly marked at 70th, 72nd, and 73rd. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to direct a staff member to send a strong letter to Brooklyn Park and Mn/DOT to let them know we expect them to plan to alleviate the amount of traffic coming south especially since many Brooklyn Park residents are complaining as well. The motion passed unanimously. Mayor Paulson added the letter should include if there is not some relief, Brooklyn Center would exercise its right to close the road, use chokers, or use speed humps, and Brooklyn Center will be closely monitoring any change. Mayor Paulson suggested there should be a sign on T.H. 252 at 70th Avenue exit pointing out the Brooklyn Center business district. There was a motion by Councilmember Rosene and seconded by Councilmember Scott for staff to create a sign for the exit at 70th Avenue and T.H. 252 and bring it back to the Council for future consideration. The motion passed unanimously: Mr. Olsen, 150173rd Avenue, said the only response H.A.R.A. got from Brooklyn Park was crocodile tears and the idea of building alleys so Humboldt Avenue traffic could blast through. He said all these things, a letter, curvilinear road, curbs, etc. do not reduce traffic. Councilmember Rosene said the Council is attempting to approach the issue cautiously in hopes cut - through drivers will stop using Humboldt Avenue. Councilmember Kalligher asked Mr. Olsen what is an acceptable amount of traffic. Mr. Olsen responded they want Humboldt Avenue to be like any other neighborhood street, like Dupont or Newton. Councilmember Kalligher asked if the residents could live with a reduction to half the traffic. The City Manager said he didn't see that kind of reduction occurring. There was a motion by Councilmember Rosene and seconded by Mayor Paulson to direct staff to monitor the flow and affect on traffic during construction on Humboldt. The motion passed unanimously. The Public Works Coordinator stated the monitoring would not be accurate if 73rd Avenue were under construction at the same time, and Councilmember Rosene said the construction should occur separately. 2/14/94 -13- There was a motion by Councilmember Rosene and seconded by Councilmember Scott to request the State to increase awareness and funding for mass transit in the northern suburbs and get some representation from Brooklyn Park on this lobbying effort. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to create a task force to open dialogue with Mn/DOT and Brooklyn Park regarding transportation in this area and to have a resolution drafted stating the position of Brooklyn Center and asking Mn/DOT and Brooklyn Park to work with the City. Councilmember Kalligher said to first threaten them and then ask for their help might not work. She suggested Brooklyn Center ask for cooperation and be friendly. The Public Works Coordinator directed the Council's attention to item 8a.1 on the agenda and said it could be amended. The City Manager said motions are more appropriate at this point than resolutions, but resolutions will be necessary when the Council is ready. The City Attorney pointed out the motion for construction on Humboldt Avenue was a 3 -2 vote and would require 4 /5ths majority unless there was a legal petition. Mr. Dave Olsen, 1501 73rd Street, said H.A.R.A. could arrange for such a petition. A member of the audience asked if corner lots sign the petition, are they committed to paying the assessment for Humboldt Avenue? The City Attorney said a corner lot would count in a petition but that would not mean assessments would apply to a corner lot. Councilmember Rosene said it would be unethical for someone to push for reconstruction and then not pay the assessment. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to direct staff to investigate the issue of burying electric and cable utilities and bring the findings back to the Council with the cost as part of the project plan. The motion passed unanimously. Mr. Olsen, 1501 73rd, said there is still the question of numbers of cars. The City Manager said if the goal is less than 5,000 cars, then none of these things will accomplish that goal. 2/14/94 -14- Councilmember Rosene offered a compromise of 8,000 cars or less, and Dave Olsen said the H.A.R.A. would discuss the number of cars per day they think they can live with. 73RD OPTIONS The City Manager said if there is to be construction on 73rd all the same questions apply as did on Humboldt Avenue, except for the additional concern that everything has to be done in coordination with the City of Brooklyn Park. He said because of that it might not be possible to build in 1994 as the agreement with Brooklyn Park will dictate the time -frame. He pointed out agenda item 8a.4 as a starting point and the resolution was summarized by Mayor Paulson. Mr. Tom Nystrom, 807 73rd Avenue, asked if the Council is considering a stop sign on 73rd and Dupont and if pedestrian crossings would be added. He said there should also be a restriction sign on T.H. 252 for people heading home saying NO LEFT TURN. The City Manager said yes, there was consideration for a stop sign at Dupont Avenue, and the staff would work with the Evergreen School regarding a cross -walk. The City Manager explained there was no decision yet as to which side the sidewalk would be on, which is the issue that may delay construction. Mayor Paulson said the City does not want to restrict the normal traffic for Brooklyn Center residents. There was a motion by Councilmember Rosene to approve the details of the Resolution listed in item 8aA with changes for deletion of traffic signals and addition of an all -way stop on 73rd and Dupont, and with dates as soon as possible for hearings, etc. RESOLUTION NO. 94 -29 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION SELECTING PERMANENT IMPROVEMENT OPTIONS FOR 73RD AVENUE NORTH AND CALLING FOR A PUBLIC HEARING The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. He stated this Ordinance was first read on January 10, 1994, published in the City's official newspaper on January 19, 1994, and is offered tonight for a public hearing and second reading. He explained it amends the sick leave provision regarding accrual to become consistent with language approved by the City Council in the 1994 labor agreements with the City's bargaining units. 2/14/94 _15- Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel at 11:10 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 11:10 p.m. The motion passed unanimously. ORDINANCE NO. 94 -05 Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the City Ordinances Regarding Insurance Requirements for Refuse Haulers and Licensing Provisions Relating to Public Swimming Pools and Lodging Establishments. He stated this Ordinance was first read on January 24, 1994, published in the City's official newspaper on February 2, 1994, and is offered tonight for a public hearing and second reading. He explained it increases the insurance requirements for refuse haulers and removes the City's licensing requirements for swimming pools and lodging establishments. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 7 of the City Ordinances Regarding Insurance Requirements for Refuse Haulers and Licensing Provisions Relating to Public Swimming Pools and Lodging Establishments at 11:11 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 11:11 p.m. The motion passed unanimously. ORDINANCE NO. 94 -06 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING INSURANCE REQUIREMENTS FOR REFUSE HAULERS AND LICENSING PROVISIONS RELATING TO PUBLIC SWIMMING POOLS AND LODGING ESTABLISHMENTS The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. 2/14/94 -16- The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing; Requiring the Posting of Signs to Warn Pregnant Women of the Effects of Alcohol Consumption. He stated this Ordinance was first read on December 6, 1993, published in the City's official newspaper on February 2, 1994, and is offered tonight for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing; Requiring the Posting of Signs to Warn Pregnant Women of the Effects of Alcohol Consumption at 11:12 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 11:12 p.m. The motion passed unanimously. ORDINANCE NO. 94 -07 Member Barb Kalligher introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSING; REQUIRING THE POSTING OF SIGNS TO WARN PREGNANT WOMEN OF THE EFFECTS OF ALCOHOL CONSUMPTION The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. ATTORNEY RFP PROCESS Councilmember Kalligher proposed this issue be deferred or tabled because of how late the meeting had gone. Mayor Paulson said there was not much to discuss except that he proposed to staff five firms to be interviewed as follows: Holmes & Graven Barna, Guzzy Popham, Haik Sweeney, Borer Carson, Clelland The City Manager advised the Council to expect a long evening on the night these interviews take place. 2/14/94 -17- ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:16 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 2/14/94 -18-