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HomeMy WebLinkAbout1994 02-28 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 FEBRUARY 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 7:02 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, Community Development Specialist Tom Bublitz, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Kathy Stratton. OPENING CEREMONIES Ulyssess Boyd offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received two requests to use the open forum session this evening. Mr. Boyd thanked the Council for its work and stated he thought community members should be reminded of the words of a former president: "Ask not what your country can do for you, but rather what you can do for your country." He suggested the word "community" be substituted for country and applied in Brooklyn Center. Gisele Grunwald, 824 69th Avenue North, stated she had sent a letter to each Councilmember regarding HIV prevention and education. She said she is a certified American Red Cross HIV instructor and would offer herself as a resource to the community, and she would like the Council's help to get more programs going on in the area. She said she had talked to Sergeant Frank Roth to find out if space could be made available for presentations to youth and parents. Councilmember Rosene asked what type of support Ms. Grunwald was seeking from the City Council, and she responded she would like guidance on who to call and direction as to how to proceed to get something started. He asked if a weekend seminar would be well- received, and Ms. Grunwald said either weekend or weeknights would be acceptable. He also 2/28/94 _ 1 _ CORRECTION suggested a class at the Community Center and a class for the Human Rights and Resources Commission. Ms. Grunwald agreed those were good suggestions. Mayor Paulson commented the Community substation should be offered for meeting space and suggested a lot could be done using Ms. Grunwald as a resource. Councilmember Rosene suggested Ms. Grunwald work with staff regarding the possibility of a proclamation to designate a day for HIV awareness. The City Manager stated the Human Rights and Resources is a good place to start working toward getting more programs going and said Ms. Grunwald should contact him, as well as contacting School District Community Education departments. COUNCIL REPORTS No Council reports were given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Scott asked for removal of agenda item 7c, and Councilmember Kalligher asked for removal of agenda item 11a, and the addition of 11f regarding a settlement. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the February 28, 1994, agenda and consent agenda without items 7c and 11a. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -29A Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) ONE -HALF -TON PICKUPS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -30 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) SIDEWALK SNOWPLOW WITH SNOW BLOWER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 2/28/94 -2- RESOLUTION NO. 94 -31 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) WATER TANKER AND FLUSHER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -32 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO HAZARDOUS SUBSTANCE REMOVAL AND INDOOR AIR QUALITY EVALUATION, CENTRAL GARAGE IMPROVEMENT PROJECT NO. 1993 -19 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 Mann and seconded by Councilmember Kalligher to approve the following list of licenses: MECHANICAL SYSTEMS Allied Fireside, dba Fireplace Corner 2700 Fairview Avenue Anderson Heating and A/C 4347 Central Avenue NE McQuillan Brothers Plumbing & Heating Co. 452 Selby Avenue RENTAL DWELLINGS Renewal: Ewing Square Associates Ewing Square Townhouses Curtis Erickson Lake Shore Apartments George I. Kosmides Lyn River Apartments Robert & Marilyn Cashman 5622 Emerson Avenue N. Eugene L. Temple 4207 Lakeside Avenue N. #235 JRJ Properties 6825 -27 Noble Avenue N. Gary and Carol Meinke 3601 47th Avenue N. Lee Marwede 4700 -02 68th Avenue N. SIGN HANGER Scenic Sign Corporation P.O. Box 881 The motion passed unanimously. 2/28/94 -3- APPROVAL OF MINUTES JANUARY 31. 1994 - WORK SESSION Councilmember Mann stated she had been in attendance at the January 31, 1994, meeting, but the minutes showed her as absent. The City Manager explained there had been an updated version which included Councilmember Mann in the roll call distributed this evening. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the minutes of January 31, 1994, work session with the revision adding Councilmember Mann. The motion passed unanimously. FEBRUARY 7 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of February 7, 1994, regular session as printed. Councilmember Rosene abstained from voting because of his absence from most of the meeting. The motion passed unanimously. FEBRUARY 14 1994 - REGULAR SESSION Councilmember Scott said her statement on page five, paragraph five of the minutes should include the words 'between 65th and 69th Avenues." Councilmember Kalligher said her motion on the bottom of page five should delete the words "do reconstruction on Humboldt Avenue, and ". There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the minutes of February 14, 1994, regular session with corrections. The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Paulson explained he had not contacted the applicants for the North Metro Convention & Tourism Bureau Board of Directors or the Shingle Creek Watershed and West Mississippi Watershed Commissions, and therefore appointments would have to wait until the next Council Meeting. PLANNING COMMISSION ITEM - PLANNING COMMISSION APPLICATION NO. 94001 The Planning and Zoning Specialist reviewed Application No. 94001 and explained the Planning Commission had given a favorable recommendation to the Council regarding this application. He said the proposed Nickels & Dimes entertainment facility would be located at Brookdale in the site where Musicland was formerly located. Councilmember Kalligher asked if the special use permit needed periodic renewal or if it stayed the same once granted. The Planning and Zoning Specialist explained it is difficult 2/28/94 -4- to revoke a special use permit once granted, but licensing is a better way to handle any revocations. Councilmember Scott asked if there had been any further indications as to what age group this facility would be geared toward. The Planning and Zoning Specialist said his understanding is it would appeal to all ages with some kiddie rides, possibly a ball- crawl, and all types of electronic games. He added the concern of the Planning Commission was to have a light, bright atmosphere. The Planning and Zoning Specialist said there is a letter on file from the management of Brookdale in which some concerns are expressed, but they are confident the business would be a plus, not a negative. Councilmember Scott said the secret is a business that will attract families, and the problem with Picadilly Circus was it only attracted teens. Councilmember Rosene asked if this business would resemble Circus Pizza, and the Planning and Zoning Specialist explained there would be no food service. The Planning and Zoning Specialist said he wouldn't stand before the Council and say there won't be any problems, but how they are dealt with will be what's important. He added the main concern of the City was to prevent amusement centers in small locations directly located in neighborhoods. A representative of the applicant said he lives three blocks from Knollwood Mall where the Gold Mine, one of 210 such centers around the U.S. and Australia operated by Nickels & Dimes, Inc. is located. He said the facility there is definitely a family operation, and he hoped the Council would approve the application before them this evening. Councilmember Rosene asked if any resolutions were necessary, and the City Manager explained only a motion was needed at this time, and if there are any problems in the future of the operation, the licensing could be revoked. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve Planning Commission Application No. 94001 submitted by Nickels and Dimes, Inc. for special use permit approval to operate an Amusement Center at Brookdale Center subject to the following conditions: 1. The special use permit is issued to the applicant to operate an amusement center at Brookdale Center. No other use is acknowledged or implied by this approval. Any expansion of this use shall require an amendment to this special use permit. 2/28/94 -5- 2. The granting of this special use permit is subject to the applicant complying with all applicable codes, ordinances, and regulations relating to the operation. Any violation thereof may be grounds for revocation. 3. The applicant shall apply for and receive the appropriate amusement device licenses prior to occupancy of the site. The motion passed unanimously. DISCUSSION ITEMS ALLOCATION OF YEAR XX (1994 -1995) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Manager explained the purpose for having this item on this evening's agenda is to set the date for the formal hearing for March 28, 1994. The Community Development Specialist said staff was attempting to get requests out on the table earlier this year than had taken place last year. He said including the dollar amounts with the requests does not mean each requesting agency should be in the program, but gives the Council the opportunity to look at the requests and ask staff to do any additional research necessary. Councilmember Scott wanted to know what to do if there was a problem with the amounts some of the groups were asking. She asked if they should be addressed this evening or on the night of the hearing. The Community Development Specialist said it was fine to ask questions now. Councilmember Scott said there are 76 families waiting for relocation and to pull money from that designation for some agency's last minute needs when these people have been waiting for such a long time is wrong. She said she would like to see the Council retain more money for the home rehabilitation program because keeping up the appearance of the community is important and there are a lot of low- income families who can't afford improvements. She added in the past when houses have been rehabilitated and sold, the City has always gotten its money back if the property was sold within the five year lien period. The City Manager said staff would summarize its recommendations for the March 28th meeting. Councilmember Mann said she would like to see documentation of how many Brooklyn Center residents receive benefits from each of the services, and the Community Development Specialist said he would include as much of this information as possible. 2/28/94 -6- CORRECTION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the public hearing for March 28, 1994, and to authorize publication of the hearing notice. Councilmember Kalligher asked why DIED had reduced its grant award by $25,000. Staff will report on this at the March 28 meeting. Councilmember Rosene said the budget grew by $25,000 and there were $31,000 in new requests for a $6,000 difference. He asked if the difference came because the City is no longer funding Head Start, and the Community Development Specialist said yes, that was the major difference, as well as some change on programs for the elderly. Mayor Paulson asked to what degree rehabilitation funds could be shifted to scattered site redevelopment. The Community Development Specialist said $50,000 was recommended to repay the EDA reserve fund for the acquisition and demolition of the apartments on Humboldt Avenue, but staff recommendation was made not to pursue any single family home acquisition. The City Attorney recommended a statement be added to the motion saying the amounts requested by various agencies and specified in the hearing notice may be subject to change at the public hearing. The aforementioned motion passed unanimously. FREEDOM OF SPEECH /OPINION SIGNS The City Manager explained the need to form a policy regarding the use of signs in Brooklyn Center and said the basic request of the Council is to send the issue to the Planning Commission for its review and recommendation. The Planning and Zoning Specialist explained all Councilmembers had received a copy of a letter from the City Attorney regarding non - commercial signs. He said based on court cases and constitutional challenge, the City cannot regulate non - commercial signs any more than it regulates commercial signs. He added the current sign ordinance does regulate campaign signing, but it appears Brooklyn Center's sign ordinance is not in keeping with recent constitutional developments. He said the City can regulate signs in the right -of -way or on power poles, etc., and an individual has the right to post signs on his or her property, but the issue is whether the City should regulate the size, type, or number of signs allowed. He said there have been some signs appearing and some concerns in the community, and the staff is seeking direction from the Council. Councilmember Rosene said he would not want to regulate a person's free speech by doing anything regarding the regulations for political signs, but he thought it would be a good idea to refer this to the Planning Commission to do some groundwork. He said he would be 2 -7- CORRECTION interested in seeing what the Planning Commission could come up with, and mentioned it is a source of pride for Brooklyn Center not to allow billboards. He believed that some regulation as to size and nature, etc. were necessary because someone could abuse that privilege and the whole community would suffer. Mayor Paulson asked what is currently being done to enforce any sign regulations, and the Planning and Zoning Specialist said the City is not taking any overt action at this time. Councilmember Rosene said he thought State Law superseded the jurisdiction of cities, and the Planning and Zoning Specialist said Minnesota statute states there is no size limit for political signs between 60 days before and 10 days after a state general election, otherwise local regulations prevail. Mayor Paulson asked staff to convey to the Planning Commission this is an opportunity to retain the free speech right and also to keep the community looking nice. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to direct the Planning Commission to take up the issue of signs, including areas such assize, number, type, and length of time for posting. The motion passed unanimously. RECOMMENDATION FROM PARK AND RECREATION COMMISSION TO REQUEST COUNCIL TO RECONSIDER THE 1994 FUNDING CUT FOR BROOKLYN COMMUNITY BAND The City Manager explained there had been a request from the Brooklyn Community Band to continue its funding. He asked if the Council would wish to do so. Councilmember Rosene said he had not realized this specific item had been removed from the budget when cuts were made, and he said he would move to continue funding because there are so many members of the community who participate. Councilmember Kalligher said she thought there were many similar requests from other organizations whose funding was also cut, including several kids' sporting organizations. She recommended tabling this request until there is a policy made on what will or will not be funded and also said the band could increase its own fund- raising activities. The City Manager explained when the Council was in a tight situation to cut some funds, money went to a contingency fund and was to be used for youth activities while cutting adult activities. Councilmember Mann said the band has been part of the community for 31 years which gives historical value. She said she thought cutting that funding was hasty, and perhaps there could be savings on the budget because of overtime staffing charges. 2/28/94 -8- The City Manager explained the overtime staffing is necessary because events are on weekends, and equipment hauling and storing cannot be done by lay people, but by licensed City employees. Councilmember Rosene conveyed his regret the band was not contacted in advance of the funding cut so they'd have time to search for funding alternatives. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to reinstate funding for the band for this year. Wayne Schaffran, President of Brooklyn Community Band, said he thought the Council made the budget decision without input from the band; therefore, he provided a packet of information about the band and its activities. He gave a brief overview of the packet and stated all members of the band feel it should continue. He explained the operating budget is $7,485, and that 1/3 came from Brooklyn Center, 1/3 from Brooklyn Park, and 1/3 from the band or the Lions clubs. Councilmember Kalligher asked how many residents of Brooklyn Center were in the band, and Mr. Schaffran said there were 13. She asked if the band had any fund- raisers of its own and said she would like to read more about the band and have the Park and Recreation Commission look into this more before making a decision. Mr. Schaffran said the Council should consider the band provides a service to all the residents because of its performances for nursing homes and the concerts, including concerts in the park. I Mayor Paulson suggested the motion b amended include reinstating funding for this y gg a ame a to g g year, directing the Park and Recreation Commission to work along with the Human Rights and Resources Commission to set policy an how to prioritize funding and funding cuts, and directing the band to investigate other funding sources. Councilmembers Rosene and Mann accepted that amendment. Mr. Carl Carlson, a professional musician who got his start in a community band, said the comparison to sports really bothered him because music is not just recreation but an art form. He said musicians cannot just play once a week to be in a band, and the band plays for others, not just for the benefit to the band member. He said Brooklyn Center spends money to train kids in music, but then there is nowhere for adults to use that talent. He said the band is a sort of minor league of music after high school and people get a lot of enjoyment from hearing the band. Councilmember Kalligher said if the Council gives the band $2,450, then everybody else will be asking for it too. She said she is sorry to compare music to sports, but there are other groups that have their own merit that also received cuts. She urged the Council to look at 2/28/94 -9- the whole picture rather than looking piece -meal at the requests, especially if nobody knows if there is money in the fund for it. Councilmember Rosene said he is also concerned about precedent but did not see this as precedent setting because the band was funded and had planned on a performance schedule for the year. He joked if there is not $2,450 in the contingency fund, then the City is in trouble. He repeated he is willing to fund the band for this year but not for the next. Mayor Paulson said it is not an either -or situation between the band and other groups, and stated he is aware Councilmember Kalligher has been an advocate for youth sports. But he said he is comfortable with the motion. Councilmember Rosene said in youth sports each athlete chips in to play and asked if the band members do the same. Mr. Schaffran said each member pays $25 to join or $40 per couple. RESOLUTION NO. 94 -33 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR THE BROOKLYN COMMUNITY BAND The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. NORTH METRO HIGHWAY 100 COUNCIL The City Manager explained there has been interest conveyed in forming this Council and he recommended the City give staff ability to fund it. He offered to answer any questions. Councilmember Scott said creating the Highway 100 Council is the only way to see Highway 100 improved. She said in the last 15 years no progress has been made because improvements are proposed but they keep being cut. She said there are drastic needs because of bottle- necking and the overlay is breaking up, and because of the congestion people's safety is in jeopardy. The City Manager presented a Resolution Amending the 1994 General Fund Budget to Provide Funding for North Metro Highway 100 Council, Inc. RESOLUTION NO. 94 -34 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR NORTH METRO HIGHWAY 100 COUNCIL, INC. 2/28/94 _10- The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. Mayor Paulson abstained from voting because of his service on the Board of Directors for the Metropolitan Transit Commission. NORTHWEST AREA IMPROVEMENTS The City Manager explained the staff needs authorization to proceed on the proposed improvements and introduced the City Engineer to answer any questions. The City Engineer stated the feasibility study goes into detail about the improvements and the primary concern which is drainage conditions. He said there had been good discussion with the residents and recommended the Council approve a public hearing for March 28, 1994. He said one action in the resolution is to direct staff to mail petitions to property owners on which they can indicate their support or non - support of improvements. The City Manager explained that if favorable petitions are not received from the owners of at least 35% of the property in the area, there would need to be a 4 /5ths majority vote on March 28 to approve construction. The City Manager presented a Resolution Receiving Engineer's Report Regarding Improvements in the Northwest Area (Improvement Project Nos. 1994 -11 and 1994 -12) and Calling for a Public Hearing. RESOLUTION NO. 94 -35 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT REGARDING IMPROVEMENTS IN THE NORTHWEST AREA (IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 - 12) AND CALLING FOR A PUBLIC HEARING The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. JAMES/KNOX/54TH AVENUES IMPROVEMENTS The City Engineer said the situation here is similar, but the main issue is the sanitary sewer mains. He said there has been a limited response from the residents in this area. Councilmember Kalligher asked that Councilmembers be notified of dates and times of resident meetings, and the City Manager said they would be. The City Manager presented a Resolution Receiving Engineer's Report Regarding Improvements on James/Knox/54th Avenues (Improvement Project Nos. 1994 -01 and 1994- 02) and Calling for a Public Hearing. 2/28/94 - 11 - RESOLUTION NO. 94 -36 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT REGARDING IMPROVEMENTS ON JAMES/KNOX/54TH AVENUES (IMPROVEMENT PROJECT NOS. 1994 -01 AND 1994 -02) 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. There was a recess called at 8:45 p.m., and the Council reconvened at 8:53 p.m. HUMBOLDT /73RD AVENUE IMPROVEMENTS The City Manager reminded the Council of its series of 8 -10 motions regarding Humboldt Avenue that were passed on February 14, 1994. He said one of the motions was regarding stop sign placement, and explained signs were installed last Saturday on 70th and 72nd Avenues. He said staff is recommending delay in installation of the other stop signs because of several issues, and he stated if curvilinear construction is done, at least 25% of existing trees will be sacrificed. He used an overhead to show the cost savings if State Aid funding is retained and showed the Council is choosing to increase the tax levy if it foregoes State funding. He listed several other possible delays that could occur in the construction process. The Public Works Coordinator explained there may be amendments necessary to the Comprehensive Plan if the street is changed from a collector street to a local street which would have to go through the Planning Commission. She also said if any action is perceived to be in violation of the City's Transportation Plan or the Metropolitan Council's Transportation Plan, the City would be counted out of eligibility for other federal grants and funding. She said removing traffic from one road and not replacing it to another or increasing congestion on T.H. 252 were both ways to be in violation of these plans. The City Engineer explained that pursual of a variance from State Aid standards would preclude construction in 1994. He presented funding options and reviewed a chart regarding Cost and Financing Options. He explained for an identical amount of State Aid to transfer to another road, with no reduction in State Aid, it would have to have the same amount of traffic, not already be in State Aid program, and be under the City's jurisdiction (i.e. it can't be a County road like Brooklyn Boulevard.) He said requiring that parking be maintained on Humboldt may be forcing the issue of even doing the improvements at all. He showed "Option 2," in which parking is prohibited and the project is funded entirely by regular and local State Aid. Councilmember Rosene stated if parking is taken away it "saves" residents between $1500 - $2250 in assessments. He asked what other ways the City could lose State Aid funding. 2/28/94 -12- CORRECT The City Engineer explained the intent of the State Aid system is to provide continuity, safe conveyance, and accommodate higher volumes of traffic, and anything that goes against that such as speeds lower than 30 mph, cutting off the road, speed humps, or NO TRUCKS ALLOWED signs would be grounds for non - qualification for funding. Councilmember Rosene asked what number of cars per day could change a street's designation from a collector to a minor arterial, and the City Engineer said there is no specific number given for either label. Councilmember Rosene said if Humboldt is called a collector street in the Comp Plan, then it should be a goal to get it to local street status by lowering the number of cars. The City Engineer explained three resolutions in the agenda. He said 10g1 is most like the motions made at the last meeting, 10g2 is identical but prohibits parking and therefore retains State funding, and 10g3 calls for interim measures. Mayor Paulson asked if there had been any results from the stop signs, and City staff members said there had not been any phone calls nor enough time to make any determination. He said he had received calls about the signs and wondered if overtime was paid to workers for putting them up on Saturday. The City Manager explained the workers were already out that day and it was a good time to do it. Councilmember Scott said she is concerned about getting into trouble with the Metropolitan Council and asked for some verbal input from the representative in attendance this evening. Carl Ohm, Planning Analyst for the Metropolitan Council and principal author of the 1988 and 1989 policy plan, stated the Met Council withholds funding unless plans are consistent with its policy. He said the intent of the policy is to ensure the system for allowing short trips without adding to congestion of major highways. Councilmember Scott asked how the Met Council expects suburbs to solve problems that are not from short trips but cut- through traffic. Mr. Ohrn suggested the Task Force be formed to look at details. He said it seems the City of Brooklyn Center is coming up with solutions that might not be best for the overall picture, and he'd like to think there is a good compromise. Councilmember Rosene said sadly Brooklyn Center is in the position of treating the symptoms rather than the illness. He said it seems a third lane designated as an HOV lane on T.H. 252 would be a good suggestion and asked what it would take to get that type of thing added. 2/28/94 - 13- Mr. Ohm responded adding a third lane is consistent with goals of the Council, but the current plan is already significantly over budget and includes proposals through the year 2015 but does not currently include improvements to T.H. 252. He added it's possible a federal policy may favor funding for this type of project, especially if it were to be an HOV lane. Mayor Paulson mentioned the Team Transit project in which all it took was a can of paint and the determination to "just do it" and get something done. Mr. Ohm said in the Team Transit project the situation was looked at and studied by engineers for a year and a half before action was taken to make sure it was safe and therefore prevent litigation. He said if it is discovered the solution in Brooklyn Center costs less than 5 million dollars it is a better possibility than if it is more expensive. Mayor Paulson asked what the policy is on neighborhoods, and Mr. Ohm said everybody wants to preserve neighborhoods but some roads still have to carry traffic. Councilmember Kalligher asked how long Mr. Ohm would see a task force taking, and he responded six months would be reasonable, and the trick is balance since no solution will completely satisfy everybody. Mr. Ohm added after having a Task Force research options, then when the decision is made at least there can be the confidence that there wasn't a solution that could have been done more easily and cheaply. He said the Task Force should seek to determine whether there is a low cost solution on T.H. 252, if there is a transit solution, if traffic could be split with another road, or some form of compromise between all of these. Councilmember Kalligher said the residents need to be given some relief and asked what if the Task Force is unable to come up with a solution. She also stated the citizens need assurance the City will not let this drag out. Mr. Ohm said there must be some way for Brooklyn Center and the Metropolitan Council not to be at odd because ecause it is not their desire to p enalize communities. He said the Metropolitan Council would be willing to have representation on the Task Force, and six months is reasonable but he would not commit to that totally without knowing more about the situation. Mayor Paulson asked if metropolitan area roads are already at capacity and if new projects will already have been outgrown when they are complete. Mr. Ohm responded it is impossible to accommodate needs for everyone to drive everywhere alone, so the goal is to reward car - pooling and penalize solitary drivers. He said the current projected plan only meets 50% of the perceived needs for road construction. He added he would be happy to look for a transit solution as opposed to a road construction solution. 2/28/94 - 14- In response to a question from Councilmember Rosene whether there is any way to slow down northern development, Mr. Ohrn said development is seen as a solution to many problems in a community because it broadens the tax base. He apologized for not being a harbinger of joy this evening, but said he would really like to work with the City of Brooklyn Center. Councilmember Kalligher said in light of Mr. Ohm's comments, she thinks the resolution to pass is 10g3, the interim plan, but with taking out the overlay and adding a date for Task Force to complete its work by December of 1994. She said any other options would involve building a road the City is not even sure it needs. Councilmember Scott said there is a definite need for the Task Force, but she thought it should be completed by the first meeting in October when the budget for next year has to be considered. The City Manager commented he did not know how long it would take to get membership for the Task Force set, and therefore October completion would be ambitious, especially since citizen involvement is desired. Councilmember Scott said it shouldn't take over a month to get it formed, but rather the problem would be keeping membership down because there have already been so many who have volunteered. Councilmember Kalligher said "Let's be ambitious and shoot for the second meeting in October." Councilmember Mann said it is important for Brooklyn Center to take the lead in setting this Task Force to work. II I The City Manager said that is the assumption, and Councilmember Mann requested it be stated in the resolution. Councilmember Scott said she is concerned with spending the residents' money and not solving anything. She said there are mixed feelings about the stop signs, and residents deserve a permanent solution. She said she does not want to spend money if it turns out not to give a permanent solution. She concluded the Task Force gives a chance for this to be investigated by people with training and technical background and expertise needed for a real solution. Mayor Paulson stated actions speak louder than words and this is an issue the City Council will take action on if the Task Force is unable to come up with a viable solution. He said the Council should set a level for how much traffic is allowable on the street, and the Council still has some available options to try if sug by the Task Force don't solve the problem. 2/28/94 _ 15- CORRECTIO Councilmember Rosene likened his fear about retaining State Aid to a beautiful pair of shiny new handcuffs, and that it may become restrictive in what action can be taken. He said he hopes that little -by- little the levels of traffic on Humboldt could be reduced and a liveable situation achieved by compromise on all parts. He said if curvilinear construction and stop signs fail to work, the City should retain some other options, all of which would be impossible if State Aid funding is retained. Councilmember Scott said while the Task Force is working on a solution, there should be a request to Brooklyn Park City Council to place a NO RIGHT TURN sign on Brookdale Drive for some immediate relief to the traffic problem. The City Manager explained that request would be part of these resolutions. Councilmember Rosene pointed out if the overlay is scratched, the Council returns to the point it was at last August and this action is a radical switch. Councilmember Kalligher said there is not much choice since construction is not necessarily a solution. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to adopt Resolution 10g3 without the overlay and with the addition the Task Force should present its findings at the second meeting in June and be finished with its recommendations by the second meeting in October. Russ Snyder, 7234 Humboldt Avenue, said he wanted to clarify the sentiment of the residents. He said it is not that they do not want an overlay, they just do not want a delay in action. He said if the people who worked for him did what the City staff has done tonight, waiting until the last night to bring a representative of the Met Council and saying nothing should be done, he'd fire them. Chuck Lenthe, a resident of Irving Avenue, said he represented the greater community area and recommended rather than a 30 -foot road, Humboldt should be constructed at 32 feet with a variance. Dave Olsen, 150173rd Avenue, explained he has become a designated speaker of sorts. He asked why the pedestrian crossing signs had come down in order for the stop signs to go up. The City Manager said there has to be a warning sign before a stop which replaces the pedestrian crossing sign. Mr. Olsen thanked Mr. Ohm and commented no one should have to live next to such a road as Humboldt. He said they are quite confident 50% of the traffic is using Humboldt as a Highway 100 extension. He said because losing State funding on Humboldt may jeopardize other projects, it seems Humboldt Avenue is the most important piece of road in the City. He expressed his disappointment that after six months the people on Humboldt are being 2/28/94 - 16- told to live with the problem. He explained that H.A.R.A. had drafted its own resolution which he distributed to the Council. He said he was sorry if drafting a resolution was inappropriate, but wanted the sentiment of the community to go on record. He pointed out T.H. 252 is not even four miles long, so it would not qualify as a road for long trips. He concluded the residents would like a 30 -foot road, no State Aid, parking, and a street that can become liveable little by little. Tony Kuefler, 5943 Abbott Avenue, said stop signs on 59th and 60th Avenues are helping the problem and it would be unfair to give up State funding and make residents pay the full assessment. Larry Cuskey, 7024 Humboldt Avenue, stated there may be a conflict of interests because Councilmember Kalligher derives income from sale of advertising to businesses. He suggested maybe she should not vote. Councilmember Kalligher stated less than 2% of her income could be derived from sale of advertising to businesses. She asked the City Attorney to comment on the issue. The City Attorney stated the written opinion on the subject is there is no legal conflict of interest in Councilmember Kalligher's case. He said a conflict of interest would involve substantial pecuniary interest in the outcome of a matter. He said it would be difficult for any business person to serve on any City Council if unsubstantial cases were considered conflict of interest. He said the regulation is for when a Councilmember directly does business with people affected by a vote. Mr. Cuskey continued by expressing his disappointment that staff had never given option 11 to the City Council, or that it was "conveniently left out." He said he is questioning the ability of staff to do as the Council requests. He said 38 families are directly affected by the Council's decision to do nothing and wanted to talk about liability because his stress level is high and he is breaking down over this issue. He urged the Council to give him back a life and went on to inquire about the status of Sy Knapp's position. Councilmember Kalligher called for a point of order and asked Mr. Cuskey to stop attacking City officials. Mayor Paulson thanked Mr. Cuskey for his input. Barb Lippold, 7012 Humboldt Avenue, said the stop signs are great and they did help a little. She urged the Council not to put this off and said the picture frames in her house have to be straightened every day from the shaking as traffic goes by. She asked the Council not to be paralyzed by politization and urged the Council to pass the resolution. Councilmember Kalligher called the question. 2/28/94 -17- Mayor Paulson said he had not stated his position yet. Councilmember Mann asserted a point of order and explained calling the question means discussion should stop and there should be a vote. Councilmember Rosene clarified calling the question is to limit discussion if each member has stated a position. Mayor Paulson said the Council needs to do something on Humboldt that will last for a long time. He said some of his experience has been that a Task Force doesn't always pan out into action. He said his decision is not political at all but it matches his beliefs. RESOLUTION NO. 94 -37 Member Barb Kalligher introduced the following resolution and moved its adoption, with the subtraction of the overlaying procedure and addition of dates for completion of the work of the Task Force for June and October: RESOLUTION SELECTING INTERIM IMPROVEMENTAND STUDY OPTIONS FOR HUMBOLDT AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. Voting aye: Councilmembers Scott, Kalligher, and Mann. Voting nay: Mayor Paulson and Councilmember Rosene. The motion passed. Councilmember Scott suggested staff study the situation on Humboldt where pedestrians cross to apartment homes. She said she is concerned about kids running across the street and concerned about the setting of that stop sign. The City Manager said staff would like to investigate that situation further, along with the possibility of a stoplight. There was a motion by Councilmember Scott and seconded by Councilmember Rosene not to put in the stop sign at 67th Avenue North at this time but. to study it further because it is important to the safety of all in the area. The motion passed unanimously. Mayor Paulson said there should still be discussion on what levels of traffic should be acceptable for Humboldt, but he stated it should take place at another time. RESOLUTIONS - (CONTINUED) The City Manager presented a Resolution Authorizing the Transfer of Funds from the Drug Forfeiture Fund for the Purchase of Police Department Items Requested. 2/28/94 Councilmember Kalligher stated she had this item removed from the consent agenda because she thought the Police Department wanted the remaining balance to transfer to the work station, but they need to come back with another request in order to do that. The City Manager said the resolution does not include authorization of additional funding. RESOLUTION NO. 94 -38 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE DRUG FORFEITURE FUND FOR THE PURCHASE OF POLICE DEPARTMENT ITEMS REQUESTED The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented A Resolution Providing for Settlement of Claim and explained this resolution means the City is not admitting liability. RESOLUTION NO. 94 -39 Member Barb Kalligher introduced the following resolution and moved :its adoption: RESOLUTION PROVIDING FOR SETTLEMENT OF CLAIM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 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 11:04 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton Timesaver Off Site Secretarial 2/28/94 -19-