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HomeMy WebLinkAbout1994 03-14 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 MARCH 14, 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 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 Dean Nyquist offered the invocation. 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 No 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 Rosene requested item 7a be removed, and Councilmember Kalligher requested item 12 be removed from the consent agenda. Mayor Paulson stated there would be one additional discussion item included in the agenda. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the March 14, 1994, agenda and consent agenda as printed, minus items 7a and 12, and with an additional discussion item. The motion . assed unanimously. Y 3/14/94 - 1 - APPROVAL OF MINUTES FEBRUARY 28 1994 - REGULAR SESSION Councilmember Rosene made several corrections to the minutes of February 28, 1994, and the secretary noted them. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the minutes of February 28, 1994, regular session, with necessary changes. The motion passed unanimously. PROCLAMATIONS Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 3 THROUGH APRIL 10, 1994, AS DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST The motion for the adoption of the foregoing proclamation was duly seconded by member Barb Kalligher, and the motion passed unanimously. Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 17 THROUGH 23, 1994, AS BROOKLYN CENTER VOLUNTEER RECOGNITION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Barb Kalligher, and the motion passed unanimously. Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 9, 1994, TO BE A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -40 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING VARIOUS CITY INSURANCE CONTRACTS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 3/14/94 -2- RESOLUTION NO. 94 -41 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE 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. RESOLUTION NO. 94 -42 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) TRAILER- MOUNTED POTHOLE PATCHER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -43 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF 2,400 FEET OF FIRE HOSE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -44 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SUSAN WARNER FOR HER DEDICATED PUBLIC SERVICE ON THE AD HOC CITY COMMUNICATIONS TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -45 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF GERALD NELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE AD HOC CITY COMMUNICATIONS TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 3/14/94 -3 - RESOLUTION NO. 94 -46 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR SUBSCRIPTION TO U.S. WEST SEARCHDISC ELECTRONIC DIRECTORY AND CD -ROM DRIVE AND SCSI EXPRESS SOFTWARE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -47 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -48 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT POWERS AGREEMENT FOR CONSTRUCTION AND OPERATION OF FIRE TRAINING SITE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -49 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR 1994 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1994 -21, CONTRACT 1994 -D The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 3/14/94 -4- RESOLUTION NO. 94 -50 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -51 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RESCINDING RESOLUTION NO. 94-29, 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 Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -52 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES RELATING TO LAND ACQUISITION, IMPROVEMENT PROJECT NO. 1992 -29, STORM WATER POND; AND IMPROVEMENT PROJECT NO. 1993 -18, MTC PARK AND RIDE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -53 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE NEGOTIATED PURCHASE OF REAL PROPERTY FOR IMPROVEMENT PROJECT NOS. 1992 -29 AND 1993 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSE TO UTILIZE EXPLOSIVES PERMIT FOR THE HOWE COMPANY There was a motion by Couneilmember Scott and seconded by Councilmember Kalligher to approve the issuance of a license to utilize explosives permit for The Howe Company. The motion passed unanimously. 3/14/94 -5 - DISCUSSION ITEMS POLICY AND PROCEDURE RELATING TO CITY CONTRACTUAL SERVICES FOR NONPROFIT ORGANIZATIONS The City Manager explained this policy had taken a long time to put together and the Financial Commission, Human Rights and Resources Commission, and Park and Recreation Commission all recommend approval of the policy. Councilmember Rosene commented he knows the policy will work and it gets an "A ". He said he would move to adopt the Policy and Procedure Relating to City Contractual Services for Nonprofit Organizations. Councilmember Scott seconded the motion. Councilmember Mann stated the Park and Recreation Commission has been waiting for this policy to be approved for a long time. She said the policy is very appropriate. Councilmember Rosene said part of the beauty of this policy is each Commission can prioritize to make consistent and appropriate budget decisions. The motion passed unanimously. BROOKDALE AREA DRAINAGE STUDY The City Manager stated there was.to be a presentation by a consultant from Short, Elliot, Hendrickson, Inc., who had not yet arrived. He recommended the Council move to another agenda item and then return to this one when the consultant arrives. STAFF REPORT ON CITY ATTORNEY SELECTION The City Manager stated staff was to interview five firms and then report back to the Council in regard to ranking them. He said the Council could choose to interview all or some of the five. He explained staffs ranking as follows: Holmes & Graven, Chartered Carson and Clelland Popham, Haik, et al Barna, Guzy, & Steffen Sweeney, Borer & Ostrow There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to interview these three firms: Holmes & Graven, Chartered; Popham, Haik, et al; and Barna, Guzy, & Steffen. Councilmember Rosene expressed some concern about the different ways of showing rates as detailed in the Council acket. He said when hourly rates were listed the were often put P Y Y p in context of using other services such as a bond counsel. He asked the City Manager how much a bond counsel is used. 3/14/94 -6- The City Manager explained some firms put minimum dollar figures per year and some firms don't. He said it seemed fair for both the firms and the Council to compare on an hourly rate basis. He added a bond counsel would be used in proportion to the frequency of which the City issues bonds for improvements, and that is hard to estimate. Councilmember Rosene asked if it would be possible to pull the figure on how many hours were billed for bond issue legal work in the last three years as compared to the amount billed for total hours of legal work, and the City Manager responded he could do that. Councilmember Mann said the three firms suggested by Councilmember Kalligher were appropriate because she thought it was necessary to hire a firm with bonding experience. Councilmember Rosene asked when a firm with a cap reaches the cap in November, then would December work be pro bono? The City Manager responded each firm takes that risk in offering a yearly cap. Councilmember Rosene said the firms with strengths in environmental concerns were Popham, Haik, et al, and Sweeney, Borer & Ostrow. He asked the City Manager what is happening in Brooklyn Center's environmental concerns, specifically the Joslyn site. The City Manager explained the Joslyn site is an MPCA issue, and the City no longer is involved. Upon vote being taken on the foregoing motion, the motion passed unanimously. BROOKDALE AREA DRAINAGE STUDY - CONTINUED The City Engineer explained last summer the City contracted with Short, Elliot, Hendrickson, Inc., (SEH) to perform a study of the area surrounding Brookdale with regard to drainage, and the consultant involved in the study is present this evening. He pointed out the scope of the study was technical in nature and does not include any land acquisition or easement. He added staff is hoping for a motion to formally accept the study and direct staff to proceed with an implementation plan. The City Engineer introduced Mark Lobermeier from Short, Elliot, Hendrickson, Inc. (SEH) who stated he would show results of the study and how options presented in it proactively meet Shingle Creek Watershed Management water quality requirements. Mr. Lobermeier reviewed the results of the study. His review included best management practices, an integrated approach for implementing solutions, and several options for the City's consideration that all meet the City's initial goals. He also gave a cost comparison for each of the options, not including land acquisition costs. 3/14/94 -7- Mr. Lobermeier said a goal of the project is to remove 70% of TSS (Total Suspended Solids) in storm water runoff, and explained the more treatment ponds there are, the less surface area is needed, so a series of ponds rather than one large one is more effective. Mayor Paulson asked if on -site ponding is just a big concrete basin with a fence around it, and Mr. Lobermeier said it often takes just that form and can be unattractive. Mr. Lobermeier added landscaped and more aesthetically pleasing areas tend to build up sediment and need maintenance, so a balance must be struck between the two. Mayor Paulson suggested two ponds, one to look pleasing, and one that is more functional. Councilmember Rosene asked what a sediment sump would look like in the context of Northport "lake," and Mr. Lobermeier said it is often a pipe with a big hole in the ground at the end of it that needs dredging when it fills up. Councilmember Mann asked if the regional pond for the whole area were to be adopted, would that be the only land acquisition necessary? The City Manager explained the next step in this project is to continue the study and show which land would be needed for each of the options. The City Engineer said City staff is looking for the Council to consider action formally receiving the report so it can be made available to other interested parties including Brookdale staff and the City of Minneapolis and further authorize staff to work on the cost component for land acquisition. Councilmember Kalligher asked when the cost component information would be available, and the City Manager responded in about a month. The City Manager continued several parts can be in phases depending upon commercial projects in the Brookdale area. Councilmember Kalligher asked if Brookdale will lose some parking, and the City Engineer stated no doubt there would be some parking loss if on -site ponds are developed. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to accept the report and direct staff to proceed with research. The motion passed unanimously. UPDATE ON STATUS OF HUMBOLDT AVENUE PETITION The City Manager explained there has been a petition circulating among the residents of Humboldt Avenue asking for their favor, disfavor, or disinterest in reconstruction of Humboldt Avenue at 30 feet from curb to curb, utilizing State Aid, no parking, decorative plantings, underground electrical, street lighting improvements, and no special assessment. He said there had been 24 responses received indicating 14 in favor, 10 against, and 14 no returns. 3/14/94 - g - Councilmember Scott commented it should be made clear the City did not provide the self - addressed, stamped envelope. The City Manager explained the residents themselves had chosen to modify what the City sent out using additional materials including the self- addressed, stamped envelope. Mayor Paulson asked if the reason for this being on the agenda this evening is dust an update, and the City Manager explained if there is to be construction in 1994 there must be action on it this evening. Councilmember Rosene said he had never really seen viable alternatives to reduce traffic. The City Manager said there were a number of alternatives presented to the Council but there was no one interested in implementing them so stop signs were installed and there has been talk of diverting traffic further north in Brooklyn Park. Councilmember Rosene said he remembered reference to diverters and chokers, but those were presented by the residents, not by staff. Councilmember Kalligher asked if there had been any progress on the task force development. The City Manager stated there has been some interest shown and a draft has been made of the proposal which is coming back to the Council on March 28. Councilmember Rosene said all Councilmembers concur a task force is essential, but residents want something one in 1994. He said Councilmember Kalli her is correct if we g g go ahead and do something before the task force is finished it might not be the best option. But, he said the petition seems very attractive because it allows the City to do something for the residents of Humboldt Avenue rather than leaving them in limbo. The City Manager said if it were necessary to go through public hearings it would be a different thing, but with State Aid funding and no assessments it would be possible to get construction going in 1994. Councilmember Rosene asked if this proposal would include saving 75% of the existing trees. The City Manager said if the Council passes a motion to proceed with construction, a meeting would be held to show which trees would be affected if the design is curvilinear, and then it would be decided at that time to use curvilinear construction or not. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to improve Humboldt Avenue as stated in the petition. 3/14/94 - 9 - Mayor a o Paulson asked what the traffic impact would b from this action. y pact wou e s act o . The City Manager said curvilinear construction could have a little effect, and the stop signs that have already been placed are starting to have an effect. He continued the curbing would keep vehicle off lawns and on the street, but otherwise there would not be much change. Councilmember Kalligher asked whether the request for one additional stop sign would be possible, and the City Manager said so far stop signs have not caused any problems in meeting State Aid qualifications. Councilmember Mann said based on the percentage of cut - through traffic, there are still many Brooklyn Center residents who use the road who want to know what other options are available. She said rebuilding at 30 feet will not reduce traffic, and she stated the task force is the most appropriate action at this time. She concluded she could not support a motion for construction. Councilmember Scott asked for an update on the construction situation for 73rd Avenue in conjunction with Brooklyn Park, and the City Manager stated Brooklyn Park's process for street improvements would not allow construction in 1994 because of public hearings and the timing of it. Councilmember Scott said she heard there was a petition from residents of the Brooklyn Park side of 73rd Avenue saying they do not want the sidewalk on their side. The City Manager said that is a sticking point because both sides want the sidewalk, but they want it on the other side. He said another sticking point is the issue of overhead power lines. Councilmember Rosene said the task force is still useful, whether or not construction takes place, and he has a hard time envisioning construction. at anything wider than 30 feet. He said the task force is most likely going to find ways to help the situation other than actually on Humboldt Avenue itself, so construction wouldn't be a waste of time or money, and in the meantime the residents would have a nicer place to live. Mayor Paulson said he had watched cars barrel off of T.H. 252 at Brookdale Drive and it was very striking that's where the problem lies, and he thinks the task force will address that. He said the Council has taken a long time to look at this issue and we finally came to a decision. He said this motion would mean minds of the Councilmembers are changing again, and he is uncomfortable with Councilmembers changing their minds on such a regular basis. He said if there was a policy created it would prevent this type of change from occurring. He stated he thought some of the suggestions involved with the petition would actually increase traffic, which is what the Council has been working against. Dave Olsen, 1501 73rd Avenue North, said everybody would like to have a nice looking road, but if the Council votes for this particular proposal, nothing has been put in place that reduces traffic and the Humboldt residents will still be asking for traffic reduction. He said it has always been the position of the residents for the City to be on State Aid is counter - 3/14/94 - 10- II productive to reducing traffic. He concluded so far the Council is not doing anything to reduce traffic. Councilmember Rosene said he thought the residents had said they needed traffic reduction in the context that they did not want to pay assessments if the traffic was not reduced. He said at least this proposal involves no assessment. Mr. Olsen said there is a wider area of people affected by this and it would be nice if it was free, but the position of the residents has always been to reduce traffic. John Davis of the Humboldt Square Cleaners said the Council had decided at the last meeting to refer this issue to a task force that would research how Humboldt Avenue affects a larger geographic area, and therefore the City should not proceed without that information. He said the decision to wait for the task force was the correct decision, and to spend money, no matter whose money it is on Humboldt, would be wrong at this time. He said the City does not have answers yet and there needs to be a consensus. He urged the Council to stay with the decision it made at the last meeting. Councilmember Rosene said the consensus of the greater community is to see Humboldt widened so there is expediency in travel and so a higher volume of traffic can pass more easily. He said he will not see this neighborhood cut up with wide strips of pavement, and if it's done to Humboldt, it would soon be done to France and Dupont and other roads. Mr. Davis said the task force will help opinions of different sides of the issue become facts. He said Brooklyn Center needs Brooklyn Park, and Brooklyn Park needs Brooklyn Center, so we can't isolate ourselves, but we should ask how Humboldt relates to the whole community, which has not yet been determined. He said the only way to determine facts is the task force, and to forego the opportunity to apply any knowledge resulting from the work of the task force would be a mistake, regardless of who pays for it. Councilmember Rosene said Councilmember Kalligher's motion is as close to a compromise as is possible, and Humboldt Avenue will not be able to carry much more volume than it already does since it is already at its maximum potential. He said passing this motion does not allow greater volume because it is still only a single lane in each direction, which will not increase traffic. Larry Cuskey, 7024 Humboldt Avenue, said on February 14, 1994, the Council made the policy not to break up the neighborhood and stayed with that policy on February 28, 1994. He said the residents of Humboldt deserve some traffic reduction, and the stop signs have probably caused a 10 - 15% reduction. He showed a "Toolbox" with other options for Humboldt Avenue and urged the Council to do some more of the things listed there. He mentioned there was once an option presented called option 11 that was never considered. He said this construction would make it possible for 15,000 cars per day to pass, which is an increase. 3/14/94 He said the people who did not return the petition did not respond because of the personal opinion necessary. Councilmember Rosene said it's true that being on State Aid for the road really would prevent further traffic restrictions. Mike Schwartz, 7100 Humboldt Avenue, said his petition is on the kitchen table at home and it didn't seem to matter. He said he has no problem with the road the way it is except for the traffic, and it could be full of potholes and he would like it better if it carried less traffic. Councilmember Rosene asked Mr. Schwartz how he would like to see this decision go. Mr. Schwartz said he doesn't care because he will move. He also said if the City is serious about traffic reduction, it can't be done with State Aid. Councilmember Rosene asked if he had any faith in the task force. Mr. Schwartz said he had no faith at all. He pointed out at the last meeting the representative from the Metropolitan Council had not done any homework and didn't even know facts about the area. He said the Metropolitan Council has not been heard from yet. Councilmember Rosene said if the City were to construct, there would still be the issue of people roaring down the right turn lane to make a U -turn when it's backed up. He asked if doing anything about that would have to be done in conjunction with Brooklyn Park, and the City Manager said it would. There being no further discussion the vote was taken. Voting aye: Councilmembers Rosene and Kalligher. Voting nay: Councilmembers Scott and Mann and Mayor Paulson. The motion to construct on Humboldt Avenue as detailed in the petition failed. Lillian Hechler, 7216 Humboldt Avenue, expressed her dissatisfaction that no one had even mentioned the concern about carbon monoxide poisoning. She said residents of Humboldt Avenue are prisoners in their own homes. ORFIELD INVESTMENT LEGISLATION The City Manager presented this topic and said staff had not had time to prepare a resolution. Councilmember Scott commented it would be helpful to get information earlier, and the City Manager explained this was an urgent request that just came in. Mayor Paulson asked if the Council is on record favoring the Orfield legislation, and the City Manager said it is, but this is an additional feature. 3/14/94 - 12- There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to direct staff to prepare a resolution in support of this legislation. LICENSES An amended version of the requests for licensing appeared at the Council table this evening, which was brought to the Council's attention by Councilmember Kalligher. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the following amended list of licenses: MECHANICAL SYSTEMS Total Mechanical Services 153 E. Thompson avenue RENTAL DWELLINGS Renewal: Muchtar/Fatima Sajady 7205 Perry Court E. Kenneth R. Johnson 5301 Winchester Lane William and Linda Bjerke 3614 -16 50th Avenue N. Selwin and Odelia Ortega 610 53rd Avenue N. Ivan and Hazel Vetterick 4010 65th Avenue N. Eugene and Diane Wright 4408 69th Avenue N. Richard W. Sandeen 1706 71st Avenue N. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:32 p.m. low Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 3/14/94 - 13 -