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HomeMy WebLinkAbout1993 11-22 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 22, 1993 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, Director of Public Works Sy Knapp, Finance Director Charlie Hansen, City Attorney Charlie LeFevere, Public Works Coordinator Diane Spector, Personnel Coordinator Geralyn Barone, and Council Secretary Kathy Stratton. OPENING CEREMONIES Reverend Alan Johnson offered the invocation. OPEN FORUM Police Chief Trevor Hampton introduced Rich Carlberg, Michelle Ellingson, Pamela Anderson, and Rondel Townsend, the newest members of the Police Department. He also gave their educational backgrounds and dates of employment with the City of Brooklyn Center. The Council welcomed them and expressed its best wishes. COUNCIL REPORTS Councilmember Rosene commented he had attended the dedication of the Habitat for Humanity project and said it was a "heartwarming event though the day was cold." He explained he is excited about the program and would like to see the City set an example by offering one release day per year for its employees to attend such an event in the community. He requested staff to discuss the issue and bring a recommendation by the middle of January. Councilmember Mann gave updates on the three commissions she serves on including the Twin Lakes Trail system, the Park and Recreation Commission, and the Tri -City Airport Commission. 11/22/93 - 1 - 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 Scott to approve the November 22, 1993, agenda and consent agenda as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 93 -203 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -27, REPLACEMENT OF LIGHTS FOR HOCKEY FIELDS AT NORTHPORT PARK AND AT GARDEN CITY PARK, ACCEPTING PROPOSAL AND AWARDING CONTRACT, AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -204 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST. 11/22/93) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -205 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS (MARANATHA PROJECT) SERIES 1993, THE EXECUTION OF RELATED DOCUMENTS AND THE PERFORMANCE OF RELATED ACTIONS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 11/22/93 -2- I RESOLUTION NO. 93 -206 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR A BROOKLYN CENTER PROMOTIONAL ACTIVITY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and them motion on passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: CHRISTMAS TREE SALES LOT Builder's Square 3600 63rd Avenue N. MECHANICAL SYSTEMS Ray Welter Heating & A/C 4637 Chicago Avenue S. RENTAL DWELLINGS Renewal: John Carnahan 1525 Humboldt Place John Carnahan 1531 Humboldt Place SIGN HANGER Imaginality, Inc. 6182 Olson Memorial Highway Midway Sign Company, Inc. 444 N. Prior Avenue TAXICAB Rainbow, #12 2730 Florida Avenue N. The motion passed unanimously. APPROVAL OF MINUTES NOVEMBER 1. 1993 - WORK SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of November 1, 1993, work session as printed. Councilmember Kalligher abstained from voting. The motion passed. NOVEMBER 8, 1993 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of November 8,1993, regular session as printed. Councilmember Mann abstained from voting. The motion passed. 11/22/93 -3- ORDINANCE The City Manager presented An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation. He explained this ordinance increases the insurance requirements for taxicabs and makes it possible for an inspection made in another community to be honored. It is recommended for a first reading this evening. Councilmember Rosene asked for a change in the wording of the ordinance to make it gender- appropriate. The City Manager agreed to have the staff make that change. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve first reading of An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation. The motion passed unanimously. DISCUSSION ITEMS STATUS REPORT RE: PROPOSED 1994 IMPROVEMENTS The City Manager gave a status report regarding the following proposed street improvements: 1. Project No. 1994 -05 - Humboldt Avenue The City Manager reviewed the information provided by the citizens in the area and explained some data needs to be re- checked regarding the traffic analysis on Humboldt Avenue. He said the question to the City Council is where to proceed from here since the residents have requested the street be dead - ended. He asked the Council to either re -affirm the building block process and proceed with it or modify it in some way. In response to Councilmember Mann's question regarding what the Comprehensive Plan recommended along Humboldt, the City Manager explained the Comprehensive Plan had once called for multi - family residential development, but the Planning Commission had a split vote and sent the issue to the Council who over -ruled the multi - family ruling and changed the zoning to allow for single family homes. Mayor Paulson asked what the alternatives would be to the Building Block process. The City Manager explained if street diversion is an option perhaps a wider area of residents should be invited to become involved in the process as such a change would affect them as well. He added there is a possibility of creating a steering committee for the purpose of allowing citizen input. He explained eight people had already volunteered for that committee, but if a larger area is considered, perhaps different people should be chosen to represent that larger area. Councilmember Kalligher asked what wider area the City Manager had in mind and if he had an idea of how to select these committee members. 11/22/93 -4- The Director of Public Works said that would be up to the Council, noting that suggestions are included in the informational material which the Council has received from staff. Mayor Paulson asked what the role of citizen/Council contact should be, and the Director of Public Works explained citizen participation is welcomed and encouraged at any time. The Mayor said it is up to the residents to form a committee if they would like to, but he likes to see residents come to the Council meetings and be involved in that way. Councilmember Rosene addressed Mr. Lenthe is response to his comments at the last Council meeting with the idea the City of Brooklyn Center has no obligation to provide a shortcut for people in other cities. He also said he thinks the Council should be open to creative solutions, and should seriously consider blocking Humboldt at 73rd. He added he is happy to accept participation from a wider number of citizens but does not want to drag out the process. He said he agreed with Mayor Paulson with letting the citizens who want to have input in the process continue to come to Council meetings rather than forming a committee. Councilmember Mann said the Council is committed to the same thing: preserving neighborhoods. She added if the goal is the same, some solution can be reached. Councilmember Rosene asked staff if the procedure of blocking a road only during certain hours had ever been tried, either by City staff or by MnDot. The Director of Public Works explained it had been tried but not successfully. He said too much enforcement is required. The City Manager gave statistics from the traffic count that included figures indicating 23% of traffic in the a.m. was cutting through directly from T.H. 252 to T.H. 100, and 9% of cars were doing the same in the p.m. He also explained this part of the traffic count is being retaken because some had thought the lights of the survey vehicle had scared people from taking their normal route. He said the figures from the new count are expected to be higher and will be available next week. Mayor Paulson asked if construction (Building Block #10) is feasible for 1994, and the Director of Public Works said it would be very optimistic in light of all the discussion needed if a wider number of residents are included in the process. He said staff would not push that deadline. Councilmember Scott said she thinks the number of residents included in the process needs to be expanded at least two blocks on either side of Humboldt because closing Humboldt would just push the traffic to other streets. She added MnDot could put a sign on T.H. 252 saying "no right turn" during certain hours or a light could be installed at 73rd. She said because there are so many possibilities more people should be allowed input. Councilmember Rosene said allowing input from a wider number of residents could cause the people on Humboldt to be a minority and be outvoted. He added if Humboldt is closed 11/22/93 -5- the amount of traffic that is pushed to other streets would not be as significant as it would be split among all other options. Councilmember Kalligher asked if it could be closed to see what happens to the traffic. The City Manager said that would be an option. Mayor Paulson opened the discussion up to the public and Councilmember Rosene gave a reminder of rules of decorum. Larry Cuskey, 7024 Humboldt Avenue, urged the Council to only involve the people on Humboldt Avenue. He said he cannot even get out of his driveway and that problem does not bother his neighbor on Fremont Avenue. Councilmember Rosene pointed out police officers have trouble monitoring the traffic speed on Humboldt Avenue because the traffic is too close together for them to get out and pull one car over. Mike Schwartz, 7100 Humboldt Avenue, said the neighbors have never advocated forcing traffic to some other place, but they want it out of the general neighborhood. He said they don't need more committees or more studies, but some action without delay. He said forming committees makes it necessary for the citizens to do the job that staff should be E doing, and the group of his neighbors have put in some long hours already. He said if it's Brooklyn Park or MnDot that will fix the problem then taxes should be paid to them. He urged the Council not to let the problem drag on. David Olsen, 1501 73rd Avenue North, spokesperson for H.A.R.A., the Humboldt Area Resident Association, distributed copies of his comments which he read to the Council expressing his lack of confidence in City staff and frustration that nothing is getting done for the residents of Humboldt Avenue. He said there are only two options to solve the problem on Humboldt Avenue, to build a freeway or to block it off so traffic goes back to T.H. 252 where it belongs. Since he didn't think the City wanted to build a freeway he urged them to close the road, and mentioned if the City did not do so the neighbors would do it in their own way. Ms. Lillian Hetchler, 7216 Humboldt Avenue North, explained the pollution from cars going by her home is so bad she cannot be outside or have windows open. Mr. Charles Lenthe, 7007 Irving Avenue North, said he is one who would be affected by the closing of Humboldt Avenue and did not know if that is the best option for the entire neighborhood. He gave examples where roads had been closed and later reopened because it didn't work. He said the time to close Humboldt is not now, but after others have been allowed to become involved in the process. 11/22/93 -6- Dick Anderson, 901 73rd Avenue North, said he is sympathetic to the frustration of those on Humboldt but thinks those on Newton, Dupont, and 73rd Avenue should all be kept informed of any changes. He added if the City will take a major street and cul -de -sac it to divert traffic around a park, certainly Humboldt Avenue could be closed. Mayor Paulson said he is comfortable with the process of having residents come to Council meetings rather than creating a sub - committee. Councilmember Rosene said he would like to see the City go ahead with step #5 of the Building Block process, but if it takes too much time to narrow down the options he would come to a meeting with a resolution to block Humboldt Avenue. Councilmember Scott asked if MnDot could come to the meetings to offer its solutions. She mentioned the lights on T.H. 252 are not synchronized, which could help if that were fixed. The City Manager explained the traffic is opportunistic, waiting to see if cars are hung up on T.H. 252 and if they are, then the cars bail out and take Humboldt Avenue. He explained cars can save an average time of 1 minute by taking Humboldt Avenue, and staff is not in doubt that the problem is substantial. He added because it is substantial they want to step back and consider the ramifications of any solution. Councilmember Kalligher agreed that the Council wants to make the right decision but said they should be considerate of the comments of Mr. Olsen and the neighbors and set a date to get to a solution by the end of January. The Council asked staff if it was feasible to be to step #9 by the end of January. The Director of Public Works responded a barricade could be put up tomorrow if that was the wish of the Council, but to follow the Building Block process step #9 by January would be impossible. Mayor Paulson offered three options, to close Humboldt, do nothing, or to consider all other options. The Councilmembers said they did not think they would be voting with all the information necessary if the process was narrowed in such a way. Mr. Cuskey, 7024 Humboldt Avenue North, said when West River Road was closed it did help and people can now let their kids play in the area. He said if MnDot changed the lights they could change them right back in a month. He said the Council should stop the problem now by putting a T on Humboldt. Mr. Clifford Hill, 7307 Humboldt Avenue North, suggested widening T.H. 252. Mr. Russ Snyder, 7234 Humboldt Avenue North, expressed his approval to Councilmember Kalligher's idea of a deadline. 11/22/93 -7- The Council discussed possible dates for such a deadline. Mr. Olsen said the residents can't wait and urged the Council to move the dates up even more. He said by March the residents will have begun to close the street in various ways. Councilmember Rosene asked the residents to honor the time -frame necessary for the City to reach a solution in a responsible manner. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to follow the Building Block process and have staff collect necessary data to propose concrete proposals at a work session on January 31 when a vote will take place to adopt one concrete solution to the problem on Humboldt Avenue. As a second part of this motion a public hearing should take place by March 14 and notices should go to all in the greater area surrounding Humboldt Avenue. The motion passed unanimously. There was a brief recess and the Council reconvened at 9:20 p.m. Because of people who had been waiting to address the Council, discussion regarding the three other areas for proposed street improvements would take place later in the meeting. FOLLOW -UP REPORT RE: CLEAR VIEW TRIANGLE AT 5120 EAST TWIN LAKE BOULEVARD The City Manager explained what has taken place regarding the property owned by the Middlestedt's since the October 12, 1993, Council meeting. He said staff has come to the conclusion the bush in question continues to violate the Clear View Triangle ordinance and needs to be removed either completely or partially. The Public Works Coordinator showed slides taken and gave reasons the juniper bush is obstructing the view of the intersection. She suggested either additional trimming or f removal. Councilmember Mann said she had been driving the intersection whenever possible and has noted the poor visibility. She said with increasing traffic, especially children on bicycles and with the bike trail nearby, safety is important and the bush should be removed. Councilmember Rosene concurred, and Councilmember Scott added since the City has been made aware of the problem, there would be liability possibilities if they chose not to do anything and then there was an accident. Councilmember Rosene asked if it would be possible for the City to assist in moving the bush, and the Director of Public Works explained the policy of the City is to cover the cost of removal but not transplanting. Mayor Paulson suggested the Ordinance be looked at closely for modification in the future. 11/22/93 -8 - The Public Works Coordinator explained any modification that might occur would not stop the Middlestedt's juniper from violating the clear view triangle. i Mr. Middlestedt expressed his dissatisfaction with the Council for his perceived unfairness and discussed the definition of nuisance. He suggested arbitration or mediation. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to t require the Middlestedts to remove the obstacle within two weeks. Additional discussion occurred and Councilmember Scott called the question. The motion passed unanimously. Mr. Middlestedt continued to address the Council and asked what action he could take now. The City Attorney explained his only recourse at this point is District Court. Mr. Middlestedt was then asked to sit down. PARK & RECREATION COMMISSION RECOMMENDATION REGARDING BROOKLYN PARK ATHLETIC ASSOCIATIONBASKETBALL PROGRAM The Personnel Coordinator explained the Brooklyn Park Athletic Association (BPAA)'s request to have Brooklyn Center pay $1,500 for a basketball program for boys and girls in third through sixth grades. Councilmember Mann explained the Lions Club had recently met and decided to contribute $1,000 for this activity. f Mr. Mark Westrom came forward to explain the BPAA's needs would be covered with $960 rather than the original amount requested. Mr. Westrom was instructed by the Personnel Coordinator about the budget request process for the year 1995 as the Lions Club's funding was a one -time donation. STATUS REPORT RE: 1994 IMPROVEMENTS - CONTINUED 2. Project No. 1994 -01 - James Knox & 54th Avenues The City Manager explained the resident response to community meetings and said the neighbors seem to support going ahead with the proposed improvements. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to re- affirm the Building Block process for this area and proceed with Building Block #7. The motion passed unanimously. 3. Project No. 1994 -07 - 73rd Avenue There was a motion by Councilmember Rosene and seconded by Councilmember Scott to put the 73rd Avenue project on the same time schedule as the Humboldt Avenue project and have one meeting primarily for the citizens living on 73rd Avenue. The motion passed unanimously. 11/22/93 -9- 4. Project No. 1994 -11 - Northwest Area The Director of Public Works explained the residents in this area express support of the project but also want improvements to the storm drainage and storm sewer system. He gave a report of what improvements to the storm sewer system would entail and said the estimated cost of these improvements is $475,000, almost equal to the cost of the street improvements. He said the residents have also expressed concern about the cut - through traffic in the Willow Lane School area. The Director of Public Works said the question in this project is how to pay for these additional improvements, and explained the City has two options: Levying a special assessment, or not levying an assessment since there is a partial drainage system in place that needs improvement. He said since two projects initially proposed for improvements may not happen in 1994, funds could possibly be diverted from those projects. However, if all storm water improvements proceed in 1994, it may become necessary to issue bonds to cover all of those costs. Councilmember Scott asked which projects were not going to be completed, and the Director of Public Works explained the Brooklyn Boulevard Pond/MTC project and the Brookdale Storm Water project may need more time to put together. Councilmember Scott commented she thought the cost of the drainage improvements should come from the Storm Drainage Utility Fund rather than special assessments. Councilmembers Rosene and Mann concurred. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to proceed with both street improvements and storm water drainage improvements in the Northwest Area and use City funds for storm water drainage improvements rather than levying an assessment. The motion passed unanimously. SNOW PLOWING OVERTIME POLICY The City Manager explained the policy for snow plowing regarding the paying of overtime. He said the only risk with the present policy is if it snows on weekends. Councilmember Mann recommended the City go back to the previous policy that provided for plowing on weekends. Councilmember Kalligher agreed based on the hazardous condition possible if roads do not get plowed, and Councilmember Scott agreed as well. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann for the City to return to its previous policy regarding snow plowing and overtime. The motion passed unanimously. 11/22/93 _10- POLICY AND PROCEDURE ON MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to table this item to a future meeting. The motion passed unanimously. FALSE POLICE AND FIRE ALARMS There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to table this item to a future meeting. The motion passed unanimously. APPROVING THE SUBMITTAL OF THE CITY OF BROOKLYN CENTER GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR THE POLICE HIRING SUPPLEMENT PROGRAM The City Manager introduced this item for discussion. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the submittal of the City of Brooklyn Center Grant Application to the U.S. Department of Justice for the Police Hiring Supplement Program. The motion passed unanimously. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Amending the 1993 Budget and Authorizing the Purchase of a Photocopy Machine. Councilmember Kalligher asked when the Canon copier was purchased, and the City Manager explained its purchase occurred in 1992 for $18,000. He also explained there was a need for two copiers, one for high volume and one with other features. RESOLUTION NO. 93 -207 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 BUDGET AND AUTHORIZING THE PURCHASE OF A PHOTOCOPY MACHINE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. OTHER BUSINESS Councilmember Mann mentioned there would be another workshop to further compare Brooklyn Center and Brooklyn Park conduct on licensed premises. Councilmember Kalligher asked if Mr. Reiva could attend the next Council meeting. The City Manager agreed to inform him of the meeting. 11/22/93 - 11 ADJOURNMENT There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:02 p.m. .r k Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: f Kathy Stratton Timesaver Off Site Secretarial F r 11/22/93 -12-