Loading...
HomeMy WebLinkAbout1993 06-28 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 JUNE 28, 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 Finance Charlie Hansen, Director of Public Works Sy Knapp, Public Works Coordinator Diane Spector, City Attorney Charlie LeFevere, Police Chief Trevor Hampton, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. OPENING CEREMONIES Elaine Bernards 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 Councilmember Mann thanked City staff and residents for their involvement with Earle Brown Days, which were a success. Councilmember Rosene added his thanks and stated he was proud of this special event. He reported Councilmember Kalligher has suggested staff be directed to prepare resolutions of appreciation to all who put forth effort to make this an outstanding event. The Council agreed. Councilmember Rosene reported he received a request asking if the Council could establish an informal way for citizens to telephone during Council meetings to provide input. He asked the listening audience to respond to City staff if they are interested in volunteering to answer phones and take notes during the meetings. Councilmember Rosene asked staff 6/28/93 _ 1 _ to place this item on a future agenda as a discussion item. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. The City Manager requested the addition of item 10.1, consideration of a Resolution in Support of Hennepin County's Proposed Improvements to Brooklyn Boulevard, 64th Avenue North to 71st Avenue N. APPROVAL OF MINUTES JUNE 14, 1993 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of June 14, 1993, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 93 -89 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -90 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE BROOKDALE AREA STORM WATER PLANNING STUDY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -91 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING LOAD LIMITS ON PENN AVENUE NORTH BETWEEN 53RD AND 55TH AVENUES NORTH AND ON 55TH AVENUE NORTH FROM PENN AVENUE TO LOGAN AVENUE NORTH 6/28/93 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -92 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1992 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1992 -10, CONTRACT 1992 -E The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -93 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BROOKLYN BOULEVARD SIDEWALK REPAIRS (IMPROVEMENT PROJECT NO. 1993-08), ADA TRAIL IMPROVEMENTS (IMPROVEMENT PROJECT NO. 1993 -09), REPLACEMENT OF DEFECTIVE SIDEWALKS IN MISCELLANEOUS LOCATIONS (IMPROVEMENT PROJECT NO. 1993-10), EXPANSION OF PARKING LOT IN SOUTH PALMER LAKE PARK (IMPROVEMENT PROJECT NO. 1993 -11), REPAIR OF FREEWAY BOULEVARD (IMPROVEMENT PROJECT NO. 1993 -12), AND RECONSTRUCTION OF APPARATUS AREA IN NORTHPORT PARK (IMPROVEMENT PROJECT NO. 1993 -13), CONTRACT 1993 -E The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -94 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FURNISHING AND INSTALLING PLAYGROUND APPARATUS AT NORTHPORT PARK AND AT FREEWAY PARK, IMPROVEMENT PROJECT NO. 1993 -14, CONTRACT 1993 -F The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -95 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AMENDED JOINT POWERS AGREEMENT FOR THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 6/28/93 - 3 - The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -96 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AMENDED JOINT POWERS AGREEMENT FOR THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -97 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 6/28/93) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -98 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO RECOGNIZE THE GRANT FOR THE "AT RISK YOUTH OUTREACH WORKER" PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -99 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING MODIFICATION TO COMMUNITY DEVELOPMENT BLOCK GRANT JOINT COOPERATION AGREEMENT TO PROVIDE FOR ADMINISTRATIVE SERVICES FOR THE BROOKLYN CENTER COMMUNITY DEVELOPMENT BLOCK GRANT HOME REHABILITATION DEFERRED LOAN PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 6/28/93 _ _ 4 RESOLUTION NO. 93 -100 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF TWENTY AIR TANKS APPROVED IN THE 1993 FIRE DEPARTMENT BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -101 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF FOUR SCOTT AIR PACS WITH TWO SPARE MASKS APPROVED IN THE 1993 FIRE DEPARTMENT BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -102 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF 1,600 FEET OF FIRE HOSE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Chi -Chi's 2101 Freeway Boulevard Lynbrook Bowl 6357 N. Lilac Drive AMUSEMENT DEVICES - VENDOR American Amusement Arcades 850 Decatur Avenue GARBAGE AND REFUSE COLLECTION VEHICLES Aagard Sanitation 875 Prior Avenue N. Hilger Transfer, Inc. 8550 Zachary Lane Mengelkoch Company 119 NE 14th Street 6/28/93 - 5 - MECHANICAL SYSTEMS Associated Mechanical Contractors, Inc. P.O. Box 237 A. Binder & Son, Inc. 222 Hardman Avenue Northern States Power Company 414 Nicollet Mall RENTAL DWELLINGS Initial: Pow -Bel Company Hi -Crest Apartments Norwest Enterprises, Inc. 5533 James Avenue N. John & Gail Lambert 5900 Washburn N. Renewal: Henry Ulhorn 5207 E. Twin Lake Boulevard Douglas G. Finch 6637 Xerxes Place N. Menninger Youth Program of MN 6012 Zenith Avenue N. Craig & Barbara Bennel 1807 70th Avenue N. SIGN HANGER Signage Systems, Inc. 10814 County Road 81 The motion passed unanimously. DISCUSSION ITEMS AMERICANS WITH DISABILITIES ACT (ADA) - STATUS REPORT OF TRANSITION PLAN DEVELOPMENT AND REQUEST FOR FUNDS The City Manager explained a committee comprised of City employees has developed the City's Americans with Disabilities Act (ADA) transition plan based on the accessibility evaluation conducted by Julee Quarve- Peterson, Inc. He further explained each item has been prioritized by year and staff requests Council approval to fund items that should be completed in 1993 but have no current budget authorization. In response to Councilmember Kalligher's question, the City Manager responded the plan implementation costs $8,000 more than estimated. The Personnel Coordinator reviewed budgeted items that can be covered by existing funding and those that will be included as a separate request. Councilmember Scott expressed her appreciation to staff for the informative report which was presented in an easily understood format. The Personnel Coordinator indicated the Committee worked hard to refine the information. Councilmember Mann expressed her support for the program, stating it is a proactive approach. 6/28/93 - 6 - i The City Manager introduced a Resolution Amending the 1993 General Fund Budget for Certain ADA Compliance Expenditures. RESOLUTION NO. 93 -103 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET FOR CERTAIN ADA COMPLIANCE EXPENDITURES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. STAFF RECOMMENDATION TO CREATE THE POSITION OF IMS TECHNICIAN WITHIN THE PUBLIC WORKS DEPARTMENT The City Manager stated staff is requesting consideration of creating the position of IMS Technician in the Public Works Department which can be funded from several sources. He further stated one of the primary reasons for the request is the need for computer capability in the Public Works Department. The Director of Public Works reviewed staff's recommendation which is being made at this time, in part, because of the upcoming retirement of the current dispatcher. He explained the e need for overlap etween h p the retiring employee and new employee, and staff's desire to deal with the central garage recommendation by the City's auditor. He further explained staff supports this recommendation and hopes to have the central garage in operation by January 1, 1994; however, accomplishing this will require an employee who understands the concept and has computer knowledge. Councilmember Rosene expressed his support for computerization which is more efficient. In response to Councilmember Rosene's question regarding salary, the Director of Public Works explained, this position would be equivalent to an Engineering Tech 3 and the maximum yearly salary would be $39,000, which is the top range, not starting wage. He added staff will review the Comp Worth Plan to determine the exact level. The Director of Public Works stated the total cost, including fringe benefits is $47,000 which would be charged to the public utility fund, not the general fund. Councilmember Scott asked what will happen prior to the retirement, and if the part -time position would be eliminated when the IMS Technician is hired. The Director of Public Works clarified the part -time clerk is not needed once the IMS Tech is hired. He added the part -time employee may be interested in the permanent position. Councilmember Mann asked if existing staff could absorb the duties once a system is organized and set up rather than adding a position. The Director of Public Works answered staff could not, especially since computer knowledge is essential. 6/28/93 -7- Councilmember Kalligher asked if the Council had determined to establish a central garage, and whether there was adequate funding in the budget for this new position. The Director of Public Works responded at this point both the clerk and part time clerk are paid from the general fund. He explained in the future these costs for staffing, if the concept is approved by Council, would be charged to the central garage. The public utility fund will also carry substantial costs result in a net break -even impact to the general fund, or possibly even a reduction. Councilmember Scott and the Public Works Director reviewed the responsibilities that will be assumed by an IMS Technician. Mayor Paulson expressed concern that consideration of this issue is on somewhat of a "fast track," and consideration of creating a central garage should take place during 1994 budget discussions. He pointed out a lot of time was spent investigating the City's dispatching service as well as the communication position, which he felt resulted in a better proposal. He stated more time should be spent considering this issue. The Director of Public Works stated this issue is being brought up at this time for two reasons: 1. the present employee will be retiring and there is a need for overlap, and 2. compliance with ' t the auditor's recommendation P eco endation to establish a central garage system so it becomes an enterprise fund and the need for computer knowledge to accomplish task. He further stated staff is recommending whatever is necessary to implement the central garage by January 1, 1994. The City Manager stated approval of staff's recommendation would upgrade the current position to someone with computer capabilities. The Director of Public Works informed the Council one factor for the employee's retirement by January 1, 1994 is the window of opportunity established by the Legislature which may not be available again. Councilmember Rosene indicated support of staff's recommendation. He stated he sees the need for computerized systems which are more efficient and saves tax dollars, but hopes staff hears the Council's desire to receive more information, as soon as possible, regarding upcoming retirements. The City Manager introduced a Resolution Amending the 1993 Pay Plan. RESOLUTION NO. 93 -104 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. 6/28/93 - 8 - Vote: four ayes, one nay. The motion passed. Mayor Paulson voted nay. 1992 ANNUAL REPORTS FROM THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND THE WEST MISSISSIPPI WATERSHED COMMISSION The City Manager explained Brooklyn Center is part of two watershed commissions, the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. He stated the 1992 annual reports from these commissions have been submitted for Council review and acceptance. The Director of Public Works reviewed the area encompassed by each district and the State requirement to prepare annual reports for each. He also reviewed the responsibilities and duties of the Watershed Commissions in reviewing construction projects, assuring conformance with their standards and making recommendations. He stated the City is in the process of preparing a local water management plan which will compliment the Commission's plan. Councilmember Mann questioned funding for the Watershed Districts. The Director of Public Works explained funding is allocated 50% on the basis of area and 50% of the tax capacity of the nine cities involved in the JPA. He explained that the city's annual costs of participating in these organizations is paid from the Storm Drange Utility. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to accept the 1992 annual reports from the Single Creek Watershed Management Commission and the West Mississippi Watershed Commission. The motion passed unanimously. DISCUSSION OF RFP FOR TOWING SERVICE (REQUEST OF COUNCILMEMBER MANN Councilmember Mann expressed concern the City is using a towing service they are currently in litigation with. The City Attorney stated this case was referred to the League of Minnesota Insurance Trust and is not yet resolved. Councilmember Mann stated she realizes the costs do not warrant an RFP but she was concerned about comments made by Mr. Cardinal in his court testimony indicating "...they don't give contracts, nobody does. Nobody gives written contracts any more, they just give it to their buddy..." Councilmember Mann stated she does not think this is right and an RFP should be considered so any one of the fine towing companies in the City can submit a bid. Councilmember Kalligher asked if Cardinal Towing and West Towing are the only services with storage facilities that meet Police Department requirements. The Police Chief stated they are. He explained the Department's current policy to use these two towing companies on a rotating basis, and this decision traditionally resides with his office. He further stated for five years West Towing was used exclusively until March of 1993 at which time Cardinal Towing was included. 6/28/93 -9- CORRECTION Councilmember Rosene asked if the Council could request RFP's from only Brooklyn Center towing services, or if it had to be opened to companies from all communities. The City Attorney stated it may not be lawful to restrict the RFP to Brooklyn Center towing services, however, a prompt response clause could be included which would require proximity but not necessarily residency. Councilmember Mann said "Well, I thought public safety was part of the issue here too about towing, and I have a real concern here. If you look in court records when Mr. Cardinal is asked about if he had read one of our City ordinances, he can't read. How does he find these addresses to pick up these trucks? Mr. Cardinal ?" The City Manager stated there are a great number of towing services in Brooklyn Center but not many have the required storage capability in a secured yard that is reasonably convenient to the public. He reviewed the four larger towing services in the area. Councilmember Rosene stated he would normally agree with Councilmember Mann's suggestion to require an RFP process to assure the best quality and price, but in this case, it may be creating more problems than would be solved. He further stated he has talked with Mr. Cardinal who indicated he has all of the required licenses, and not all other towing services do. Councilmember Scott stated she does not feel an RFP is necessary in this case, but there may be other licensed towing services who have adequate storage. She suggested staff contact other towing services to see if they are interested in working with the City. If they are, they can contact the Police Chief and be rotated into the schedule. Councilmember Mann agreed with this suggestion. Mayor Paulson said a "level playing field" was needed so there is no favoritism. The Police Chief reported a survey had been done less than a year ago on the cost for towing services which indicates Cardinal Towing and West Towing are the lowest available. Council consensus was reached to direct staff to contact other towing services and inform them of the City's need for towing services and secured storage. PUBLIC HEARING REGARDING PROPOSED STORM WATER POND PARK AND RIDE FACILITY AND PARK DEVELOPMENT IN THE SOUTHWESTERLY QUADRANT OF THE I- 694/BROOKLYN BOULEVARD INTERCHANGE The City Manager stated on May 24, 1993, the City Council adopted a resolution calling for a public hearing regarding the City's proposed storm water pond, MTC's proposed park and ride facility and possible additional park land. These improvements are proposed for the southwesterly quadrant of the I- 694 /Brooklyn Boulevard Interchange. 6/28/93 -10- The Director of Public Works o s stated P ublic hearin g notice was published in the Brooklyn Center Post on June 9, 1993, and individual notices mailed out to all property owners and residents within 300 feet of the proposed facilities. He explained this project was initiated by a City study of the 99th Avenue storm drainage system, resulting in a recommendation to construct three storm water ponds. He further explained residents were also notified of the four informational meetings held regarding these improvements. The Director of Public Works reported the City Council approved hiring SRF to develop a detailed plan which shows storm water pond construction. In response, SRF developed three plans, Alternates 1, 2 and 3. The Director of Public Works explained the MTC is studying the potential of constructing a park and ride facility in the same area, and would like a minimum of 200 parking spaces. He then provided a detailed review of each alternate for the Council and audience, pointing out the number of parking spaces, ingress, egress, intended circulation pattern, and landscaping used for screening. The Director of Public Works pointed out the proposed apparatus area in Alternative 3 which could accommodate a use such as a basketball area. He explained if Alternative 3 were approved, staff would have to work with the neighborhood and Park and Recreation department to determine specific recreational uses for the property. The Director of Public Works next reviewed the estimated costs for each alternative. He reported acquisition of property and development of a two stage pond for Alternative 3 would be $600,000 to $650,000, and the cost for the park and ride facility (acquisition and construction) is estimated at $1.4 to $1.7 million. He explained the additional recreational space would cost an additional $600,000 to $700,000 for acquisition and development. He further explained the City has an agreement with MTC whereby they will cover the costs relative to acquisition and development of the park and ride facility. He added the City would be responsible for costs associated with the pond and recreational area. With regard to funding, the Director of Public Works explained the acquisition costs for the pond are programmed into the 1993 storm drainage utility budget, and the construction costs will need to be included in the 1994 storm drainage utility budget. He further explained these costs are not part of the general fund or tax levy. Staff recommends the costs for the four to five properties on 65th Avenue be split between the drainage utility fund and capital improvement project fund. The Director of Public Works reported Park and Recreation Commissioners attended the informational meetings and after considering all the information, unanimously recommended consideration of Alternative 3. Aaron Isaacs, MTC, stated their interest in this site is part of a larger plan to upgrade service to Brooklyn Center and Brooklyn Park, especially the express bus service. Mr. Isaacs explained they are looking for a location that provides direct access to I -694 in an effort to provide faster, more competitive service. He further explained they approached staff regarding this four acre site and found the City was also looking at it for storm water ponding. Because of this, a joint project was considered to lower design costs. Mr. Isaacs reviewed the intended bus routes that would use this facility and their access onto I -694. 6/28/93 He stated this park and ride facility will attract people who drive from neighborhoods west and north of the site. Mr. Isaacs explained MTC has budgeted money for land acquisition this year and will approach the federal government for construction dollars, or will approach the MTC Commission for local funds for construction in 1994. He pointed out Mayor Paulson is a member of the MTC Commission. Farrol Robinson, MTC, reviewed the circulation for each of the three alternatives and reported MnDOT plans to reconstruct the bus lane from the freeway to 65th Avenue. Mr. Robinson pointed out the site improvements which separate vehicle movement from bus movement. He stated Alternative 3 best serves their purposes and will provide a service level of C or B. The Director of Community Development provided a brief review of the Brooklyn Boulevard Study and the potential that this site be developed to provide service to the community, such as a convenience store, deli, day care, etc. Mayor Paulson opened the meeting for the purpose of a public hearing regarding proposed storm waste pond, ark and ride facility and ark development in p t the southwesterl h' P p Yq uadrant of the I- 964/Brooklyn Boulevard interchange at 8:37 p.m. Bob McGowan, 6407 N. Marlin Drive, questioned the advisability of retiring tax property and asked what the tax impact will be. He also expressed concern with adding more congestion to the I -694 entrance. He stated on Friday it sometimes takes him twenty minutes to gain access to I -694. Mr. McGowan suggested another site be considered, such as Builders Square. The Director of Public Works responded staff has reviewed the impact of removing this property from the tax base. He reported the grand total of the 1993 taxes paid for all property involved is $30,008 and the City's annual portion is $6,600. Regarding the Builders Square site, Mr. Isaacs stated they have not talked with them because they prefer to stay as close to I -694 as possible, and most of the people coming from the north want to minimize their travel distance. He explained MTC has park and ride facilities all along I -694 that result in reducing freeway traffic from the site towards downtown. He further explained this facility will reduce traffic east of the site. The Director of Public Works explained the lane expansion will probably not be constructed until 1997 but may be brought forward one year, depending on funding. He further explained a High Occupancy Vehicle (HOV) lane will be constructed west of Brooklyn Boulevard. He stated MnDOT plans to build a HOV lane from Rogers to downtown so this site would fit into their total plan. Rose Owens, 6520 Brooklyn Boulevard, stated she does not think Brooklyn Boulevard is the right place for single - family homes. She explained she has lived on Brooklyn Boulevard and because of the traffic levels and tight turn lanes, does not think a bus will be able to travel 6/28/93 - 12- north on Brooklyn Boulevard and make a right turn into the bus lane. Scott Schultz, 6425 Marlin Drive, presented the following petition: June 21, 1993 We are OPPOSED to the PARK & RIDE proposed for the northwest corner of 65th and Brooklyn Boulevard in Brooklyn Center. Name Address Floyd Schmidt 6436 Marlin Dr. Katherine Adams 6442 Marlin Dr. Eugene J. Adams 6442 Marlin Dr. Shane Wald 4013- 65th Ave. N. Scott Wald 4013- 65th Ave. N. Eleanor Baldy 4007- 65th Ave. N. Thomas Baldy 4007- 65th Ave. N. Bill Wendt 4001- 65th Ave. N. Rose Friedl 4012- 65th Ave. N. Arnold J. Friedl 4012- 65th Ave. N. Julie A. Bible 6443 Marlin Dr. Larry Schultz 6437 Marlin Dr. Shirley Schmidt 6436 Marlin Dr. Brian Jones 6443 June Ave. N. Cheryl Filipiak 4412- 65th Ave. N. Ken Halvorsen 4312- 65th Ave. N. Debra Siddings 4312- 65th Ave. N. Patty Gorman 4212- 65th Ave. N. Eero Mattson 4206- 65th Ave. N. Russell M. Wald 4013- 65th Ave. N. David L. Sverson 6431 Marlin Dr. Kalen M. Schultz 6425 Marlin Dr. Scott R. Schultz 6425 Marlin Dr. Elizabeth M. Schick 6419 Marlin Dr. F.R. Welma 6419 Marlin Dr. Mary Ann McGoulan 6407 N. Marlin Dr. Robert. E. McGoulan 6407 N. Marlin Dr. Patricia A. Skomars 6419 Marlin Dr. E.A. Welna 6419 Marlin Dr. Mrs. Joe Bednarczyk 6412 Marlin Dr. Mr. Joe Bednarczyk 6412 Marlin Dr. Mr. Jerry Weyland 6400 Marlin Dr. Cathy Weyland 6400 Marlin Dr. Cheryl Larson 6312 Indiana Ave. N. 6/28/93 - 13 - Homer Carey 6307 Indiana Ave. N. Ruth Carey 6307 Indiana Ave. N. Jim Fischer 6330 Indiana Ave. N. Irene Fischer 6330 Indiana Ave. N. Charles B. Skomans 6418 Marlin Dr. Anne K. Vik 6436 Indiana Ave. N. Mr. W.K. Tamblyn 4201 65th Ave. N. Mrs. W.K. Tamblyn 4201- 65th Ave. N. Al Engleman 6343 Indiana Ave. N. Mr. Scott Cundiff 6424 Indiana Ave. N. Mrs. Scott Cundiff 6424 Indiana Ave. N. Mr. Sidney Chaffee 6431 Indiana Ave. N. Mrs. Sidney Chaffee 6431 Indiana Ave. N. David H. Turnbull 6325 Indiana Ave. N. Joe Lovitt 6406 Indiana Ave. N. David A. Nyquist 6412 Indiana Ave. N. Eric S. Peohler 4201 Winchester Lane Mr. Douglas Vickman 6506 Indiana Ave. Mrs. Douglas Vickman 6506 Indiana Ave. Mr. Cleon Larson 6424 Marlin Dr. Mr. Schultz stated he spoke with residents beyond the 300 foot notification and found many supported the storm water improvements PP but wer e concerned about the ark n ride p and de facility and felt they should be treated as separate issues. Mr. Schultz stated he heard the following concerns from residents he contacted: dual use of property such as the Builders Square site, the Brookdale park and ride facility is not being used to capacity, desire for less paved -over property, cost versus return, use of undeveloped property for this facility rather than residential property, increase in crime since the facili ty will be screened from Brooklyn n Boulevard, the need for a telephone eatth f p e facility, act on surrounding property values, ty, p g p p ty a ues, treatment of ponding water, mosquito control, and safety of children and pets. The City Manager explained the two stage pond allows solids to settle out before going into the creek and river. He further explained a dragline will be used occasionally to remove solids ids from the ond. He stated the City has not received complaints P ty about the smell from other ponds and the Mosquito Control District treats the ponds, if necessary. He further stated issues regarding safety were addressed at the informational meetings, and other communities with similar ponds have not had problems with children or pets. The Director of Public Works explained the proposed pond was designed to provide a gentle slope, 4 to 1 above the water level and 6 to 1 below. He further explained this design was recommended as desirable by the Shingle Creek Watershed Commission who also recommend a fence not be constructed. The Director of Public Works stated staff will continue to work with adjacent property owners to reach a consensus regarding the fence. 6/28/93 - 14- I I I CORRECTION RECESS Mayor Paulson recessed the meeting at 8:57 p.m. The meeting was reconvened at 9:05 p.m. The City Manager addressed concerns expressed regarding increase in traffic to this site by pointing out a light industrial, retail, or medium density residential use would generate more traffic than the proposed park and ride facility. Mr. Isaacs explained this facility is the cornerstone for their plan to speed service from the northern portion of Brooklyn Center and is the highest priority for park and ride facilities. With regard to a joint use, Mr. Isaac stated they have several and found churches are compatible. He explained they have not found retail sites to work as well because of the parking concern. Councilmember Kalligher asked if they have studied ridership and number of cars per day that will use a facility like this. Mr. Isaacs responded there is no definite guarantee so they have based their assumptions on the number of units per acre and past experience. Councilmember Rosene commented on the benefit of increasing MTC ridership since it reduces freeway traffic. Bill Wendt, 4001 65th Avenue N., stated this area already has a lot of traffic and is quite congested. He pointed out with Alternate 3, each bus will pass by his home twice. He further stated a major ramp reconstruction would be needed to accommodate bus traffic. Mr. Wendt stated he supports the storm drainage project but is concerned about the park and ride facility and resulting safety for neighborhood children who will be attracted to the site. He further stated the plan shows many plantings and landscaping berms which look wonderful, but only if they are planted and cared for. Mr. Isaacs responded the HOV ramp reconstruction will. result in buses being able to easily make turning movements. Debra Braun, 4023 65th Avenue N., stated she doubt buses will be able to handle the curve on 65th Avenue because it is too narrow. She reported she has lived in this neighborhood for ten years and her house, and her neighbor's house have been hit by cars that cannot make the curve. Ms. Braun reported on the congestion also being experienced at the dental office. P g g p Mrs. Leroy Evensen, 4112 65th Avenue N., stated she has lived in this area for 16 Y ears and found no one has developed the site in question because it is a swamp. She further stated 200 cars going into this site every day during rush hour will be very dangerous and cause longer traffic delays. She asked that more detailed plans be presented on how traffic circulation will work. Ms. Evensen reported she asked for a stop sign at Indiana Avenue 16 years ago but it was never approved. She commented she did not know the Mayor was on the MTC Commission. 6/28/93 - 15 - Ken Halvorsen, 4312 65th Avenue N., stated a park and ride facility on this side will result in major reconstruction. Because of this, he suggested the undeveloped property at the northeast corner of Xerxes Avenue and I -94 be considered. Clarence Dudley, 6510 Brooklyn Boulevard, stated he has lived in Brooklyn Center for 35 years and felt the pollution on Brooklyn Boulevard has become a problem. He objected to the added pollution this facility would create and removing it from the tax base. He explained he is on a fixed income and is concerned that his taxes increase every year. Dan Ryan, 6442 Indiana Avenue N., expressed concern about traffic patterns, especially access to the proposed park and ride facility. He stated the freeway entrance being discussed is one of the busiest intersections in the metro area and adding a park and ride facility will cause nothing but further problems. He further stated he is concerned about the safety of neighborhood children and how this facility would function during peak hours. He suggested the northeast corner of Brooklyn Boulevard and 69th Avenue be considered. Ms. Dale Anderson, 6313 Indiana Avenue N., expressed concern regarding traffic cutting through the neighborhood on Indiana Avenue if they cannot get freeway access. Floyd Schmidt, 6436 Marlin Drive, commented on the traffic delays he experiences getting to his property during the day. He stated a park and ride facility will result in traffic stacking up if they try to make a left turn onto Brooklyn Boulevard. Doug Vickman, 6506 Indiana Avenue N., stated residents were told in February the parking lot would hold only 200 cars, and now the number has increased to 235. The City Manager stated the same three alternatives, holding 200 to 235 cars, were presented at the informational meetings. Ron Christensen, 6101 June Avenue, stated it appears the MTC needs a park and ride facility somewhere in this area but this may not be the appropriate site. He suggested MTC be asked to find a different site. Crystal Solem, 3910 65th Avenue N., expressed concern about the intersection being dangerous and school children will be attracted to the site, especially during the summer months. Leroy Evensen, 4112 65th Avenue N., questioned whether this low property would ever be developed. He stated he has no objection to the storm pond improvements but felt the proposed park and ride access from Brooklyn Boulevard was dangerous. He questioned past proposals for this site. The City Manager reviewed past proposals which included a church and mini storage business. He noted a retail store or deli would require a rezoning. Mr. Evensen stated every freeway improvement has come ten years too late. He added the freeway cut off north /south and cast /west residential streets which changed traffic patterns 6/28/93 - 16- CORRECTION and resulted in 65th Avenue carrying more traffic. He stated approval of the park and ride facility would mean the residents of this neighborhood would have to sacrifice their health and welfare. He stated Brooklyn Center residents should not be asked to do this for people who live miles away. Doug Stewart, 6518 Indiana Avenue, stated he works for a courier service and is in traffic all day. He further stated traffic on the north end of the metro area is terrible and some of the intersections are the worst in town. He stated he does not feel the Builders Square site is appropriate because of the left turn needed to get onto the site, which he felt would be backed up all the way to the freeway. Mr. Halvorson commented cars wanting to use this facility may find it is already full and have to reenter traffic, which will cause even more congestion. Hazel Beterick, 4010 65th Avenue N., stated she owns the four -plex apartments and was surprised to learn they are paying 20% of the taxes from the 14 properties involved. She stated they were required to do a $5,000 upgrade of their property several years ago and had to expand their parking lot. Ms. Beterick stated she has no objection to the traffic situation since she does not live in this area. She requested a timely response from the Council so they can determine whether to make improvements before winter. Mayor Paulson explained the process usually taken involves holding a public hearing to receive public input and then directing staff to address those concerns in the proposal to the residents satisfaction. He stated he feels City staff does a good job in incorporating those concerns into proposals. He explained this is an early phase for the project under discussion and he welcomes resident's input. Mayor Paulson inquired if there was anyone else present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing . at 9:44 p.m. The motion passed unanimously. Councilmember Mann addressed the concern expressed by Mrs. Leroy Evensen that the Mayor was on the MTC Commission and stated she felt a conflict of interest exists. Councilmember Mann suggested the Mayor take part in the discussion but abstain from the final vote. She stated her concern the park and ride facility will adversely impact the quality of life for residents due to traffic congestion and pollution. She further stated residents supported Alternative 3 because the two stage pond would reduce the impact on the two parks, but she does not feel the storm water improvement and park and ride facilities needed to be combined. Councilmember Mann indicated her support of Alternate 3 without the park and ride facility. 6/28/93 - 17- Councilmember Kalligher concurred regarding traffic congestion and pollution concerns. She stated she supports park and ride facilities but not at this corner. She suggested MTC look for alternate sites such as 69th Avenue and Xerxes Avenue or the Country Store. Councilmember Kalligher indicated her support for the storm water pond. Councilmember Scott concurred. She stated a park and ride is badly needed to serve residents of Brooklyn Center but the proposed site is not suitable because of the curve on 65th Avenue. Councilmember Scott pointed out she suggested six months ago that MTC look at the vacant property on 53rd Avenue and Lyndale which has direct access to the freeway ramp and is available for purchase. She stated residents of this area have had to attend many meetings regarding this site. She supported Alternative 2 or 3 without the park and ride facility. Councilmember Rosene stated it appears the Council has not done their homework well enough. He further stated resident's comments indicate they are not against the storm water ponding project, believe the park and ride facility is needed, but this is not the proper location. He indicated he is not going to force residents to accept a park and ride facility since their sentiment is clearly against it. He asked how this process got so far without the Council being aware of the sentiment against the park and ride facility. Mayor Paulson commented this facility was supported by the Council following a work session because they felt it would bring money into the community from federal ISTEA money, but now after the public hearing their opinion has changed. He stated this indicates the Council is listening to their constituents. He requested a legal opinion regarding this position as an MTC Commissioner. The City Attorney responded in addressing a legal conflict of interest as a court would, he does not think anything under discussion would rise to the level where a court would invalidate a decision based on the Mayor's participation or abstention. Regarding a political conflict of interest, the City Attorney declined to comment since the public's perception of an action is not a legal question. He stated it is up to each Councilmember to be mindful of the perception of the public in matters they have an interest or bias in. Councilmember Rosene questioned whether the public's sentiment would have been different if the proposal had taken some land from the park and ride facility to widen 65th Avenue. He reported one resident from the apartment contacted him indicating support of the park and ride facility. The City Manager introduced a Resolution Ordering Storm Water Pond Improvements Project No. 1992 -29 and Appropriating Funds Therefore. 6/28/93 - 18 - RESOLUTION 93 -105 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ORDERING STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 AND PARK DEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher. The Director of Public Works clarified the resolution would approve the non -park and ride facility portion of Alternate 3, which includes the acquisition of four properties on 65th Avenue. Bill Williams, 4018 65th Avenue N., stated the residents voicing objections tonight should have provided input at the informational meetings. He further stated a park and ride facility would be good for the city and will reduce the number of cars on the freeway. He pointed out a park and ride facility would produce less traffic than other uses, and the traffic would only be heavy during limited periods of time. Scott Schultz stated he attended the informational meetings and it was his impression they were just that, to obtain information about the proposal. He reiterated his previous comments stating support for the storm water pond but not the park and ride facility. Councilmember Kalligher explained it is never too late to provide input for Council's consideration, and she appreciated all who attended to state their opinion. Ken Halvorson asked if less property could be acquired, thus reducing the cost, if the park and ride facility is not included. The City Manager suggested this be left flexible so the Council can consider whether the existing house should be left adjacent to the apartments. Mayor Paulson asked what type of development could take place on this parcel. The Director of Public Works stated based on its existing zoning of C -1, an office /commercial type of development could take place. He further stated the Brooklyn Boulevard Study indicates approval of this type of development (Alternative 3). He suggested the Council direct staff to work with the MTC to final alternative sites. Councilmember Rosene concurred there are alternate sites which could be considered, however, he does not want to eliminate this site from consideration. He stated he is not anxious to see this site used for a park and ride facility until all other alternatives have been fully addressed. The City Manager stated the City usually does not renotify residents but felt in this case it should be done so all are aware. 6/28/93 - 19- i Councilmember Scott called the question. Vote: Four ayes, one abstain. The motion carried. Mayor Paulson abstained from voting. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct City staff to work with MTC representatives and to provide alternate locations for a park and ride facility in Brooklyn Center. Vote: Four ayes, one abstain. The motion carried. Mayor Paulson abstained from voting. The City Manager introduced a Resolution Providing for the Acquisition of Real Property for Storm Water Pond Improvement Project No. 1992 -29. RESOLUTION NO. 93 -106 Member Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ACQUISITION OF REAL PROPERTY FOR STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 The motion for the adoption of the foregoing resolution was duly seconded by member Kalligher the motion passed unanimously. RECESS Mayor Paulson recessed the meeting at 10:16 p.m. The meeting was reconvened by Mayor Pro tem Rosene at 10:27 p.m., at which time Mayor Paulson chaired the meeting. DISCUSSION OF FEASIBILITY OF CABLECASTING COUNCIL WORK SESSIONS (REQUEST OF COUNCILMEMBER MANN Councilmember Mann stated families today are very busy and often times unable to attend meetings. She suggested staff obtain a cost estimate to cablecast Council work sessions so this information can be made available to residents. The City Manager reported it costs $57.50 per hour to cablecast. He added another consideration is the Council Chambers is the only room available for cablecasting, which may make scheduling more difficult. Councilmember Mann stated she felt this would b money well e spent. P ent. There was a motion by Councilmember Mann to broadcast work sessions held in the Council Chambers. No second was received for this motion. Councilmember Rosene pointed out most items brought forward at work sessions are discussed again at Council meetings. He added h work g the wo sessions are open to the public for b p p any one interested in attending. Councilmember Kalligher agreed and addcd she prefers a more relaxed atmosphere for work session discussions. 6/28/93 -20- Councilmember Rosene stated major issues, such as the town forum on the budget, have been cablecast. He suggested this matter be considered on a case by case basis depending on the topic under discussion. He also suggested the meeting agenda be cablecast. Mayor Paulson stated he always advocates communication with residents but did have one resident tell him he would have spoken at the public hearing tonight if the cameras were turned off. He further stated the Council also needs to respect the resident's privacy. Councilmember Scott stated she supported cablecastin g g the work session agenda and location of the meeting. She further stated she has not been asked why work sessions are not cablecast but has received calls from residents who are intimidated by the cameras and would not speak at the meeting because of them. She felt a more informal setting encouraged discussion. Council consensus was reached to take no action to cablecast work sessions. RESOLUTIONS - CONTINUED The City Manager introduced a Resolution in Support of Hennepin County's Proposed Improvements to Brooklyn Boulevard y 64th Avenue North to 71st Avenue North. The Director of Public Works explained Hennepin County is in the process of developing an ISTEA/STP grant application for funding its proposed Brooklyn Boulevard improvement project. One requirement of this application is the inclusion of resolutions of support from affected jurisdictions. Councilmember Kalligher questioned the resolution section referring to a park and ride facility. The Director of Public Works pointed out it does not indicate a location. Councilmember Mann stated this was added to the agenda tonight and asked if it can be held over to the next meeting. The Director of Public Works stated it cannot since the application deadline is July 7, 1993. RESOLUTION NO. 93 -107 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION IN SUPPORT OF HENNEPIN COUNTY'S PROPOSED IMPROVEMENTS TO BROOKLYN BOULEVARD, 64TH AVENUE NORTH TO 71ST AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. Vote: four ayes, one abstain. The motion passed. Councilmember Mann abstained from voting. 6/28/93 -21 - 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 10:47 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial I I� 6/28/93 -22- II'