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HomeMy WebLinkAbout1993 10-25 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 OCTOBER 25, 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 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Dave Rosene, Barb Kalligher, and Kristen Mann. Councilmember Celia Scott was excused from tonight's meeting. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Planning and Zoning Specialist Ron Warren,. City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Carla Wirth. OPENING CEREMONIES Dean Nyquist offered the invocation and announced an upcoming event which will focus on the needs of today's youth. 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 Mayor Paulson reported on a conversation he had with the Crown Prince of Togo who is interested in establishing a Sister City Program between his country and Brooklyn Center. He stated he provided this information to the City Manager for his recommendation. 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 Kalligher and seconded by Councilmember Mann to approve the October 25, 1993, agenda and consent agenda as printed. The motion passed unanimously. 10/25/93 E i APPROVAL OF MINUTES OCTOBER 4, 1993 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of October 4, 1993, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 93 -181 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -182 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET FOR THE PURCHASE OF TWO ERGONOMICALLY DESIGNED CHAIRS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -183 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL FOR IMPROVEMENT PROJECT NO. 1993 -25, STORM SEWER REPAIRS AT 69TH AVENUE NORTH AND JAMES AVENUE NORTH, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -184 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT UNDER CONTRACT 1991 -I, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE NORTH SOIL CORRECTIONS, PHASE I The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 10/25/93 - 2 - RESOLUTION NO. 93 -185 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT UNDER CONTRACT 1992 -B, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE NORTH RECONSTRUCTION, PHASE II The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -186 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROVING REVISED COST ESTIMATES, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE CONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -187 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO CONDUCT TOPOGRAPHIC SURVEY OF 73RD AVENUE NORTH, PROPOSED IMPROVEMENT PROJECT NO. 1994 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the following list of licenses: MECHANICAL SYSTEMS Condon Total Comfort, Inc. 11 Blackburn St., Box 104 Cronstrom's Heating and A/C 7201 West Lake Street Deans Heating & A/C 2597 309th Avenue NW RENTAL DWELLINGS Initial: White Pine Management 6501 Brooklyn Boulevard Charles W. Adams 5315 Dupont Avenue N. Timothy C. Damberger 2118 Ericon Drive Orval and Marya Hage 7215 Girard Avenue N. 10/25/93 - 3 - Renewal: Thomas B. Egan 4239 -41 Drew Avenue N. Melvin and Mildred Jampsa 5619 Hillsview Road Robert Messersmith 5338 Queen Avenue N. Byron and Nancy Mach 4708 -12 Twin Lake Avenue N. Paula H. Brodin 1600 55th Avenue N. The motion passed unanimously. APPROVAL OF MINUTES - CONTINUED OCTOBER 12, 1993 - REGULAR SESSION . There was a motion by Councilmember Mann and seconded by Councilmember Rosene to approve the minutes of October 12, 1993, regular session as printed. The motion passed unanimously with Councilmember Kalligher abstaining. PRESENTATION - STATE REPRESENTATIVE PHIL CARRUTHERS Representative Phil Carruthers, who had just been elected majority leader of the DFL Caucus in the House, expressed his appreciation to the Council and City staff for their support. He commented representatives from the northern suburbs are obtaining more seniority in the House which will allow them appointment to key committees and the ability to work together to aggressively solve issues being faced by these suburbs. He encouraged Councilmembers, staff, and residents to contact him if they have concerns or suggestions on how he can do a better job at the Legislature. He added they are currently preparing the agenda for the next legislative session and would appreciate input from Brooklyn Center residents. In response to Councilmember Rosene's suggestion, Representative Carruthers stated he would appreciate it if callers would identify themselves by providing their address and telephone number. He also stated it is his first and foremost responsibility to represent residents of Brooklyn Center and Brooklyn Park. MAYORAL APPOINTMENTS Financial Commission and Northwest Hennepin Human Services Council Advisory Commission Mayor Paulson stated he would like to appoint Lawrence Peterson to the Financial Commission and Beverly Lawrence to the Northwest Hennepin Human Services Council Advisory Commission. Councilmember Mann commented both suggested appointees will be wonderful additions to the Commissions. 10/25/93 _ 4 - There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to confirm the appointments of Lawrence Peterson, 5830 June Avenue N. (West Central Neighborhood) to the Financial Commission and Beverly Lawrence, 3300 Poe Road (Central Neighborhood) to the Northwest Hennepin Human Services Council Advisory Commission. The motion passed unanimously. Discussion of Reappointments for Advisory Commissions The City Manager stated based on a discussion at a recent work session, staff prepared a report on advisory commission membership and attendance at meetings. He pointed out the Planning Commission was inadvertently omitted and will be provided for Council's review. Councilmember Kalligher suggested the Council determine the basis that will be used when filling vacancies. She also suggested vacancies be advertised immediately so appointments can be made at the first meeting in December and members take their seat January 1st. She stated Council should consider vacancies when making appointments and also whether the resident travels during the winter and thus is unavailable to attend three to four months out of the year. She asked if residents currently serving on Commissions should be asked to reapply or simply give a verbal indication if they want to be considered for reappointment. Councilmember Mann concurred with making appointments by the first of the year. She stated she does not feel it is appropriate to require current appointees to make formal application and suggested they be allowed to make a verbal indication if they want to be considered for reappointment. She asserted geographical and gender balance on commissions is a goal to strive for but the Council also needs to consider members who have served, attendance, etc. Councilmember Rosene stated Mayor Paulson will have this type of information to consider when making appointments. He further stated some residents have served on a commission for a long time, and he felt it would be asking a lot if they are required to submit an application the same as someone who has never been appointed. He added he would be reluctant to ask current appointees to do so; however, it would be helpful if the Council had some information regarding their views and accomplishments to compare with other candidates. He stated while accumulated seniority is a consideration, he does not want anyone to assume reappointment is automatic. Mayor Paulson stated he will consider applicants for appointment only after proper notice has been given to the public and time allowed for everyone interested to make application. He added he will allow current commissioners to determine whether they want to submit an application or indicate their interest verbally, noting it would be in their favor to submit an application. Councilmember Kalligher commented several commissioners have indicated concern they may not live in the right geographical area or be of the needed gender. She indicated 10/25/93 - 5 - i support for allowing reappointment if the commissioner is doing a good job, regardless of location or gender. Mayor Paulson agreed and stated the more applicants submitted, the deeper the pool to draw from. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to direct staff and Council liaisons to inform each commission the first preference for appointment will be who is the most qualified and issues such as gender and geographic balance will be considered secondarily, and to direct staff to proceed with advertising these vacancies and inform existing commissioners they can either submit an application or indicate verbally if they are interested in reappointment. The motion passed unanimously. The City Manager stated staff will also notify previous applicants of the vacancies. Communications Task Force The City Manager explained the current notification policy for appointment of members does not apply to Task Force appointments. He requested Council direction on how vacancies on the communications task force will be filled. It was noted three vacancies exist on this task force. Councilmember Rosene supported using a similar publication process for filling task force vacancies as is used for advisory commission vacancies. In response to Councilmember Rosene, the City Manager explained he usually delegates the staff liaison position to the communications task force. Mayor Paulson and Councilmember Mann indicated support for using the committee notification and appointment process. Council consensus was reached to direct staff to advertise the three communications task force vacancies. ORDINANCE The City Manager introduced the Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252. He stated this ordinance was first read on September 27, 1993, published in the City's official newspaper on October 6, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All 10/25/93 -6- Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252 at 7:32 p.m. He inquired if there was anyone present who wished to address the Council. Because no one appeared to address this item, Mayor Paulson 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 7:32 p.m. The motion passed unanimously. ORDINANCE NO. 93 -12 Member Barb Kalligher introduced the following ordinance and moved its adoption: AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, -SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 93012, RYAN OLDS The City Manager reported Planning Commission Application No. 93012 submitted by Ryan Olds is a request for site and building and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard. This application was recommended for approval by the Planning Commission at its October 14, 1993, meeting. The Planning and Zoning Specialist reviewed the staff report and Planning Commission discussion regarding this item. He reported the Planning Commission did find the site is deficient in landscaping; however, they recommend additional landscaping not be required at this time because of the Brooklyn Boulevard enhancement study which is currently in progress. He added the Planning Commission does recommend the applicant be required to submit a landscaping plan which meets the City's point system within a twelve month period of time. The Planning and Zoning Specialist reported the Planning Commission also recommends the site performance agreement requirement be eliminated if no site improvements are required by the Watershed Commission. He agreed with Councilmember Rosene's suggestion that condition #3 be revised to indicate the condition "shall" be eliminated (rather than "may" be eliminated). He also pointed out the applicant will be required to comply with Watershed Management regulations prior to the issuance of permits for this project. 10/25/93 -7- Councilmember Rosene suggested condition #10 indicate the "Council may consider an extension to the landscaping plan requirement if the Brooklyn Boulevard Study has not been completed within twelve months ". The Planning and Zoning Specialist agreed this was the Planning Commission's intent. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Planning Commission Application No. 93012 submitted by Ryan Olds for site and building plan and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. (Note this condition shall be eliminated if no site improvements are required by the Shingle Creek Watershed Management Commission.) 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 7. The special use permit is granted to the applicant for the addition proposed by these plans. Any expansion or alteration of these plans shall require an additional amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 9. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. The applicant shall agree, in writing, to comply with Watershed Management regulations prior to the issuance of permits for this project. 10/25/93 - 8 - 10. Additional landscaping shall not be required of the applicant, in lieu of the possibility of landscaping enhancements recommended by the Brooklyn Boulevard Enhancement Task Force. The applicant must provide an updated landscaping plan consistent with the landscape point system within twelve months from date of approval. The Council may extend this deadline in the event the Brooklyn Boulevard Enhancement Study is not completed by this time. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 93013 - CSM The City Manager introduced Planning Commission Application No. 93013 submitted by CSM for site and building plan approval to construct a 23,250 square foot one-story office building at 3200 County Road 10. He stated this application was recommended for approval by the Planning Commission at its October 14, 1993, meeting. The Planning and Zoning Specialist reviewed the staff report and Planning Commission discussion regarding this item. He emphasized a building permit will not be issued until the final plat is filed with Hennepin County. He added review by the Watershed is not necessary since the site is under five acres. He then reviewed the suggested conditions for approval and indicated a public hearing is not required. Councilmember Rosene questioned the property line between the two properties. The Planning and Zoning Specialist responded this issue has been corrected and the plans have been corrected. He pointed out that access agreements are in place. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve Planning Commission Application No. 93013submitted by CSM Corporation for site and building plan approval to construct a 23,250 square foot one-story office building at 3200 County Road 10, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. The site performance agreement currently being held for the completion of site improvements shall be continued to comprehend any and all site improvements comprehended by this application. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 10/25/93 -9 - 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B-6/12 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. A proof of parking agreement acknowledging the need to install up to five additional parking spaces on the site shall be executed and filed with the title to the property prior to the issuance of permits. 12. Building permits shall not be issued until the plat comprehended under Planning Commission Application No. 90024 has been given final approval by the City council and filed with Hennepin County. The motion passed unanimously. PUBLIC HEARING PUBLIC HEARING REGARDING PROPOSED PARK-AND-RIDE FACILITY WEST OF BROOKLYN BOULEVARD AND NORTH OF 65TH AVENUE NORTH The Director of Public Works reviewed the staff report, stating three public informational meetings have been held regarding the proposed Park-and-Ride facility. He stated after reviewing all issues regarding the possible Park-and-Ride facility, it is staff s opinion this type of facility is a vital element of a cost-effective transportation system, one is needed in this area to properly serve adjacent neighborhoods, the proposed location is better than other options suggested, and the development of the facility will provide an opportunity to realign the reverse curve area of 65th Avenue without incurring major costs to acquire right-of-way. He stated MTC has agreed to provide needed right-of-way to allow Hennepin County to expand Brooklyn Boulevard, and without this opportunity the City would be required to pay for one-half of the cost. He added the development and proper design of a Park-and-Ride facility and storm water pond will provide an excellent opportunity for the City to establish a standard for other redevelopment projects along Brooklyn Boulevard. He pointed out this 10/25/93 _10- "Gateway" location can provide a model for future developments and provide a significant upgrade to the City's image, providing a catalyst for implementation of the Brooklyn Boulevard plan. I ` The Director of Public Works stated a consulting engineering firm, who was employed earlier this year by the City and MTC, has developed seven alternate plans for this site. He reviewed them with the use of an overhead and explained traffic flow, turning movements, access points, alignment of 65th Avenue, etc. with each alternative. He indicated Alternate 7 was developed by staff and MTC in response to resident's concern, and discussed at a meeting with residents of 65th Avenue this past week. He pointed out Alternate 7 allows for the realignment of 65th Avenue, reconfigures the reverse curve to "flatten" it, widens 65th Avenue to three lanes from the point of the curve to the Brooklyn Boulevard intersection, widens the intersection at Brooklyn Boulevard to accommodate turning movements properly, includes the development of an island in the area of the reverse curve to provide channelized movements of the busses. He added this plan also pulls 65th Avenue away from the three houses on the west side of 65th Avenue. The Director of Public Works reviewed the accident history for the last three years in this area and stated of the 20 reported accidents, 15 were at the 65th Avenue and Brooklyn Boulevard intersection and five were scattered along 65th Avenue from Brooklyn Boulevard to June Avenue. Aaron Isacs, MTC, commented on the lack of a Park- and -Ride facility in this area of Brooklyn Center/Brooklyn Park. He explained MTC's service is not competitive now because it is too slow and not enough trips are made. He reviewed the current route being used and pointed out the travel time can be reduced if they gain freeway access quicker. He pointed out the freeway ramp bypass near the proposed Park - and -Ride facility which would allow them to be competitive and able to beat the travel time experienced by cars. He explained since they cannot provide bus service within a short walk of everyone, they develop Park - and -Ride facilities in key locations. He further explained other Park - and -Ride facilities are close to capacity and they feel this location will allow them to meet their goal of becoming more competitive and increasing ridership. Mayor Paulson excused himself from the meeting at 8:20 p.m. Councilmember Kalligher questioned when final plans will be ready for the realignment of 65th Avenue and asked how many homes would be acquired by the MTC and City. The Director of Public Works responded changes can be made to the realignment plan, however, he feels it deals fairly well with issues raised by residents. He added with Alternate 7 the MTC would purchase nine properties including four multi- family properties and five single- family properties. In addition, the City would acquire five single - family homes. The Director of Public Works explained with Alternate 3, staff would recommend five parcels of property be acquired. 10/25/93 'j Councilmember Kalligher asked if the City would need to acquire five properties with either alternate (with or without the Park - and -Ride facility). The Director of Public Works indicated this is correct. In response to Councilmember Kalligher, the Director of Public Works reported Hennepin County feels there is a need to acquire additional property to allow future improvements to Brooklyn Boulevard. He explained if that project went ahead without the development of the pond or Park - and -Ride, the City would be in the position of having to share with Hennepin County in the acquisition of additional right -of -way. He explained at this time Hennepin County has not determined how much property will be required, however in the event the property owner disagrees with giving up one -half of their front yards, it may be necessary to acquire the entire parcel even if it is not all needed for the Brooklyn Boulevard project. Mayor Pro Tem Rosene opened the meeting for the purpose of a public hearing on the proposed Park - and -Ride Facility west of Brooklyn Boulevard and north of 65th Avenue North at 8:38 p.m. He inquired if there was anyone present who wished to address the Council. Matt Braun, 4023 - 65th Avenue, stated there have been a number of accidents on 65th Avenue which have not been reported, including property damage. He reported his home sustained $30,000 of damage when a car drove into it, and his neighbor's home also was damaged. He indicated he had hoped the curves would be straightened more than being proposed and asked why the Director of Public Works has not yet met individually with residents of 65th Avenue. He also asked why the City does not know the exact cost sharing arrangement with Hennepin County. Mayor Pro Tem Rosene agreed the curve straightening is not as much as he had hoped could be accomplished and asked Mr. Braun if the realignment and curbs would help sufficiently to ease his concerns. Mr. Braun indicated he felt the curbs would help stop cars from running up into resident's yards. The City Manager explained the City's cost sharing with Hennepin County for right -of -way acquisition on Brooklyn Boulevard would be on a 50 %150% basis. He further explained the amount of property needed and determination of whether it is a partial or full taking has not been decided. I With regard to meeting with residents on an individual basis, the Director of Public Works explained these meetings will be scheduled if the Council decides to go ahead with the Park - and -Ride facility and redevelopment of 65th Avenue. He further explained the development of plans is a continuous process based on meeting discussion and input from residents. Ir Mayor Pro Tem Rosene stated the Council would not consider the plans complete until all residents' concerns have been addressed. He added even if the proposal is approved tonight, Council would be happy to work with residents until all concerns are resolved. r 10/25/93 - 12- i Gene Hammerlund, 6437 Unity Avenue, expressed concern about the western end of 65th Avenue. He stated the Park - and -Ride facility will also serve Brooklyn Park residents and he is concerned it will turn Fair Oaks School into a public thoroughfare. He reported currently an average of 700 cars per day go through the school and suggested a gate be closed during school hours. The Public Works Director stated he realizes this is a continuing issue but the proposed Park- and -Ride facility has no impact on the west end of Unity Avenue. He reported staff has contacted school staff regarding this matter and it is an item of continuing discussion. The City Manager added staff can continue to work with the school and also talk with the Police Department regarding this matter. Trayce Olsen, 3910 -65th Avenue, stated traffic in this area has increased 60% over the last two and one -half years and has come to a point where it is almost unlivable because of exhaust fumes and noise. She spoke in support of the proposed Park - and -Ride facility, stating it will beautify the area. Irene Fischer, 6330 Indiana Avenue, questioned the County's plans to widen Brooklyn Boulevard. The City Manager responded the County is currently conducting an analysis of Brooklyn Boulevard, and it appears there may be a good possibility it will be widened in this area because of traffic traveling south off the freeway ramp. He added the County has been informed about the proposed Park - and -Ride plans. In response to a question by Mayor Pro Tem Rosene, the Director of Public Works stated the consultant did compare traffic counts between the proposed Park - and -Ride facility and a retail use and feel the traffic counts for a retail development would be substantially higher. He pointed out Park - and -Ride facilities are usually not used over the weekend. He reported the City received a letter from Hennepin County indicating strong support for the Park -and- Ride concept. Bill Williams, 4018 - 65th Avenue, indicated support of the Park - and -Ride facility asserting it.is an ideal location because of access to Brooklyn Boulevard and I -694, one is needed in this area, area residents will make use of an express bus service, and it is considered as an asset for anyone selling their home. He encouraged the Council to give property owners on the south side of 65th Avenue some consideration with straightening the curve and providing curbs.without assessing them for the cost. Mayor Pro Tern Rosene asked if landscaping will be placed on the west side of 65th Avenue. The Director of Public Works stated detailed plans are not yet available, but a substantial amount of landscaping and streetscaping is being planned with this project that would be comparable with the landscaping treatment on 69th Avenue. RECESS Mayor Pro Tern Rosene called a recess at 9:05 p.m. The meeting was reconvened at 9:22 p.m. i 10/25/93 - 13 - Ivan H. Vetterick, owner of 4010 - 65th Avenue, stated he owns the four -plex building and sympathizes with residents in this area. He indicated support for the Park -and Ride facility and urged the Council to be expeditious in their decision so he knows what he should do regarding the renters and making further improvements. Linda Evanson, 4112 - 65th Avenue, stated with Alternate 7 her house will be the only one left on 65th Avenue. She asked the Council to consider acquiring her house. The Public Works Director explained this house is a corner property that faces 65th Avenue. He further explained at this point in time the City has not identified a demonstrated public need to take this property. Ms. Evanson expressed concern for neighborhood children if they have to cross 65th Avenue to get to the new park. The City Manager explained while this could be used as park land, the decision has not been finalized and safety will be a consideration in determining what k will go into the area. Mr. Braun concurred with Ms. Evanson that young children will be attracted to the park and urged the Council to provide safe crosswalks if they are considering a park. Scott Schultz, 6425 Marlin Drive, reported he has talked with his neighbors and they all still oppose the Park - and -Ride facility. He stated he understands the economics of the project but feels traffic will greatly increase on 65th Avenue. He pointed out most Park- and -Ride facilities are constructed in undeveloped areas. Crystal Solem, 3910 = 65th Avenue, stated she was involved in an accident at the Brooklyn Boulevard intersection and asked if the signal light system will also be improved. The Director of Public Works stated he expects it will be improved by adding a left turn phase since a third lane will be added to 65th Avenue. Bob McGoulan, 6407 Marlin Drive, stated he has lived in this neighborhood for 37 years and does not support the project since it will increase traffic. He suggested the traffic signal be improved and left turn lane provided now, without the Park - and -Ride facility. Bill Wendt, 4001 -65th Avenue, stated while he does not support the project he feels, given the alternatives, it is probably the only way the City can go. He supported the City acquiring the Evanson property rather than leaving it as the only house on 65th Avenue. He suggested the sidewalk be located alongside the curb to eliminate the boulevard area which is difficult to maintain. Lee Evanson, 4112 - 65th Avenue, stated he has not supported the project since it was first proposed, does not want to live next to a parking lot, and still has a lot of questions. He asked if cars can cut through the parking lot from Brooklyn Boulevard. He also asked how MTC, who receives public funding, can justify the expense involved with acquiring this number of properties. He stated he would have sold his house two years ago if he had known this project was being planned. He indicated support for placing a stop sign at the C 10/25/93 - 14 - T intersection of 65th and Indiana Avenues. He stated he understands doing this project now will save the City money, however, he does not feel resident's interests have to be sacrificed so the City can save money down the line. Councilmember Kalligher asked if 65th Avenue could be closed. The Director of Public Works explained doing so will divert traffic down other streets to 63rd Avenue which is already carrying 7,000 to 8,000 cars per day. It was noted that 65th Avenue currently has 2,500 cars per day. The Director of Public Works agreed Park - and -Ride facilities are primarily built on vacant sites, unfortunately the need for such a facility was not foreseen in the Brooklyn Center area. He also agreed the cost would be lower if homes did not need to be purchased, however, MTC has identified a very strong need to provide a Park - and -Ride facility in this general area and there is very little undeveloped property available. In response to a question by Mayor Pro Tem Rosene, the Director of Public Works stated they can look at creating a zig -zag alignment in the parking lot to discourage cut through traffic. Mr. Braun questioned tax implications and whether MTC will pay taxes on this property. The City Manager stated MTC will not pay taxes on this site. Mr. Braun stated eliminating access through Fair Oaks School will reduce traffic. He added 63rd Avenue was designed to handle heavy traffic counts and supports blocking off 65th Avenue when it is realigned. The Director of Public Works advised placement of stop signs should be made on the basis of accident history or indication of sufficient warrants. Merle Biggs, owner of the building on the northwest corner of 65th Avenue, stated the project will be an improvement since some of the homes along Brooklyn Boulevard have deteriorated. He asked if the Council will be making other zoning changes. The Director of Public Works explained the existing zoning is a combination of single- family residential, multi- family residential, and C -1 for the four -acre parcel. Mr. Schultz pointed out the majority of residents who support the project would have their property acquired as part of the project. He expressed concern about what this project will mean to remaining residents in the future and issues that will be raised. Doug Vickman, 6506 Indiana Avenue, stated he moved into this neighborhood to get peace and quiet and does not support the Park - and -Ride facility. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to close the public hearing at 10:02 p.m. The motion passed unanimously. The City Manager introduced a Resolution Approving Development of Park -and -Ride Facility for the Metropolitan Transit Commission. 10/25/93 -15 - i Councilmember Mann stated there have been a number of meetings regarding this issue and residents have raised valid concerns. She further stated the Council is trying to make compromises that will benefit the community and safety for residents and their children will be one of the concerns addressed. She added the Council is dedicated to keep revisiting this matter until compromises are reached that please everyone. She stated she does not know if a Park - and -Ride facility is the best situation for this intersection but she does not know what to suggest in its place and the application before the Council will save the City money and enhance the "Gateway" area which may encourage further redevelopment along Brooklyn Boulevard. She stated because of these reasons she will support the project. RESOLUTION NO. 93 -188 Member Barb Kalligher introduced the following resolution. Mayor Paulson abstained. RESOLUTION APPROVING DEVELOPMENT OF PARK -AND -RIDE FACILITY FOR THE METROPOLITAN TRANSIT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann. Councilmember Kalligher informed staff that residents' input and concerns must be taken into consideration and addressed in the project plans. She stated she understands the concerns expressed by Mr. and Ms. Evanson, but they will be abutting a park, not a parking lot or unkept home. She indicated support for the project stating it will be an improvement, is good for the environment to encourage people to use public transportation, and provide an overall enhancement to the community. Mayor Pro Tem Rosene stated he is sincere about protecting the residents' interests and wants to make sure their rights are not abused. He encouraged residents to keep the Council aware if problems occur. The Public Works Director stated if the resolution is approved staff will be very intent on working with property owners in the process and will schedule individual as well as group meetings to discuss the project and time frame. He further stated staff will also work out a detailed agreement with MTC regarding cost sharing for Council's consideration. He estimated it will be shortly after the first of the year before the Council is in a position to begin acquisition with construction taking place in early 1995. The motion passed unanimously with Mayor Paulson abstaining from the vote. Mayor Paulson returned at 10:11 p.m. to chair the rest of the meeting. PUBLIC HEARING TO CONSIDER THE APPLICATION FOR A CURRENCY EXCHANGE LICENSE The City Manager reported the Minnesota Department of Commerce has received a renewal application from Cash Etc. to operate a currency exchange at 6818 Humboldt Avenue North, 10/25/93 - 16 - and has forwarded it for Council consideration. He pointed out this is a renewal application for the calendar year January 1, 1994, to December 31, 1994. Kathleen Tahlman, applicant, provided a brief review of services offered by Cash Etc. and letters of support from several neighboring businesses. Mayor Paulson opened the meeting for the purpose of a public hearing to consider the application for a Currency Exchange License at 10:19 p.m. He inquired if there was anyone present who wished to address the Council. Because no one appeared to address this item, Mayor Paulson entertained a motion to close the public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to close the public hearing at 10:19 p.m. The motion passed unanimously. The City Manager introduced a Resolution Authorizing Issuance of a Currency Exchange License to Cash Etc. to Operate at 6818 Humbolt Avenue North, Brooklyn Center. RESOLUTION NO. 93 -189 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO CASH ETC, TO OPERATE AT 6818 HUMBOLT AVENUE NORTH, BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. PUBLIC HEARING WITH RESPECT TO REFINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME INC. AND CENTER PARK SENIOR APARTMENTS INC. The City Manager explained the applicant proposes to refinance the Maranatha Place Apartments bonds and outstanding debt on the Maranatha Care Center nursing home and to finance improvements to the facilities. He added the bonds will not be an obligation to the City, but will be payable solely from payments to be made by the borrowers. Mayor Paulson opened the meeting for the purpose of a public hearing to consider a Resolution Approving a Financing Program and Providing Preliminary Approval with Respect to Financing for Facilities of Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc. at 10:21 p.m. He inquired if there was anyone present who wished to address the Council. Because no one appeared to address this item, Mayor Paulson 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 10:21 p.m. The motion passed unanimously. 10/25/93 - 17 - I The City Manager introduced a Resolution Approving a Financing Program and Providing Preliminary Approval with Respect to Financing for Facilities of Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc. RESOLUTION NO. 93 -190 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINANCING PROGRAM AND PROVIDING PRELIMINARY APPROVAL WITH RESPECT TO FINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC. AND CENTER PARK SENIOR APARTMENTS, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEM RFP FOR CITY ATTORNEY The City Manager stated staff has prepared information as requested by the Council including a Request for Proposals for civil law services. In response to Councilmember Rosene's question, Mayor Paulson reviewed several legal publications where the RFP could be advertised. The City Manager pointed out some flexibility will be needed if the RFP is to be published in these types of magazines. He suggested staff determine deadlines for publication. The Council agreed with Councilmember Kalligher's suggestion that staff present this information for consideration at the November 1, 1993, work session. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the RFP as presented and direct staff to publish notice. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:27 p.m. , '�? J�' I A V JCAJ k�Kd�- L Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial 10/25/93 - 18 -