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HomeMy WebLinkAbout1991 06-24 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 24, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:07 p.m. The meeting was held in Constitution Hall of the Community Center. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney, Public Works Coordinator Diane Spector, and Council Secretary Ann Odden. OPENING CEREMONIES Councilmember Celia Scott offered the invocation. OPEN FORUM Mayor Paulson noted the Council had not received any 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 he had met with the Association for Non - Smokers, Minnesota and discussed the possibility of the City receiving a grant for the purpose of decreasing sales of cigarettes to minors. He stated the group had a proposal which included an education program, and stricter penalties for sellers found in violation. Possible ordinances had been suggested, which if adopted, would result in Brooklyn Center having one of the toughest programs in the metro area to combat sales of cigarettes to youths. He supported the idea and felt it would dovetail nicely with the City's existing DARE program. The Council concurred with the Mayor's suggestion. 6/24/91 _ 1 _ There was a motion by Councilmember Cohen and seconded by Councilmember Rosene directing staff to draft an ordinance expressing the City's willingness to pursue the educational grant and combat sales of cigarettes to minors. The motion passed unanimously. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. None were removed. APPROVAL OF MINUTES JUNE 10, 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of June 10, 1991, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -154 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR MOTOR FUEL DISPENSING CONTROL AND DATA ACQUISITION SYSTEM UPGRADE, IMPROVEMENT NO. 1991 -15 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -155 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR TRAIL IMPROVEMENT, IMPROVEMENT PROJECT NO. 1991 -07 (REPLACEMENT OF A PORTION OF TRAIL IN CENTRAL PARK, AND SURFACING OF TRAIL ON 54TH AVENUE EXTENSION SOUTH OF CENTERBROOK GOLF COURSE) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 6/24/91 -2- i RESOLUTION NO. 91 -156 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -D, STREET RECONSTRUCTION ON FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE FROM SHINGLE CREEK TO T.H. 252, AND ON HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -157 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 06/24/91) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -158 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING POLICY REGARDING THE USE OF RECYCLED BUILDING MATERIALS IN MUNICIPALLY - FUNDED CONSTRUCTION AND REMODELING PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -159 Member Celia Scott 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 Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: 6/24/91 - 3 - AMUSEMENT DEVICE - OPERATOR Davanni's 5937 Summit Dr. Holiday Inn 2200 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Dr. Metropolitan Transit Comm. 6845 Shingle Crk. Pky. AMUSEMENT DEVICE - VENDOR American Amusement Arcades 850 Decatur Avenue ITINERANT FOOD ESTABLISHMENT Brooklyn Center Country Store 3600 63rd Ave. N. Charank's Mini - Donuts 1274 DeSoto St. Betsy Medley 1762 Canyon Lane Patty Pratt 906 - 60th Ave. N. R. J. Food Concessions 59 E. George St. Nancy Rockwood 3404 Silver Lake Road RENTAL DWELLINGS Renewal: Tom and Dorothy Storie 5607 Camden Ave. N. Thomas B. Egan 5239 -41 Drew Ave. N. Patrick Menth 5302 Fremont Ave. N. Lyndon and Carole Carlson 5819 Halifax Ave. N. Joseph A. McFadden 4201 Lakeside Ave. N. #316 William and Nancy Dahlquist 4700 Lakeview Ave. N. Henry Ulhorn 5207 E. Twin Lake Blvd. L. H. Hanggi 3725 - 47th Ave. N. Jim Stalberger /Al Juhnke 3129 - 49th Ave. N. Myrna L. Hubert 5300 - 70th Circle N. SPECIAL FOOD HANDLING ESTABLISHMENT Cole's Gift Shop 2200 Freeway Blvd. The motion passed unanimously. PUBLIC INFORMATIONAL HEARING REGARDING IMPROVEMENT OF 69TH AVENUE BETWEEN BROOKLYN BOULEVARD AND SHINGLE CREEK PARKWAY The City Manager reviewed this item for the Council indicating four informational meetings had been held on this item previously, and notices had been sent to all property owners in the area. The Council was requested to finalize the layout plan to allow staff and consultants to complete the development of Stage 1 of final plans and cost estimates for the project. 6/24/91 -4- The City Manager indicated the proposal was similar to the plan reviewed by the Council at their April 22, 1991, meeting with the following exceptions: 1) The revised plan showed construction of a cul -de -sac on June Avenue, just north of 69th Avenue; 2) The revised plan showed a number of "potential tree planting areas" on both sides of 69th Avenue and in the center island; and 3) The revised plan included an optional plan for the location of the ro osed trail along then h s' t v between France Ave p p g north side of 69 h Avenue Fr Avenue and Palmer Lake. The project called for a four -step process for development of plans for fencing, berming, landscaping and property extensions. The City Manager noted engineering consultants had requested approval of a signal system at France Avenue and 69th and that the addition of the June Avenue cul -de -sac to the plan could impact the negotiations for the purchase of property on the northeast corner of Brooklyn Boulevard and 69th Avenue. The revised plan layout dated June 17, 1991, had been sent to all property owners within one block of 69th Avenue, and they had been invited to attend the public informational meeting to discuss the plan. Sue Mason of Short Elliott Hendrickson, Inc. presented details of the project. The Director of Public Works showed slides of center islands of various widths throughout the metro area. He indicated the center islands proposed for this project were of wider widths for general attractiveness and to allow maximum plantings. In regard to the median, Councilmember Cohen questioned who was responsible for maintenance and how it would be funded. The Director of Public Works responded the City would maintain it, and funds would come from the General Fund. Councilmember Rosene confirmed that if the median were smaller, it would still require approximately the same maintenance. Mayor Paulson opened the meeting for the purpose of a public informational hearing regarding improvement of 69th Avenue between Brooklyn Boulevard and Shingle Creek Parkway at 7:35 p.m. He inquired if there was anyone present who wished to address the Council. A number of residents from the area were present and spoke, including several citizens from June Avenue, Halifax Avenue, Indiana Avenue, Drew Avenue, and Ewing Avenue. All were interested in the new traffic patterns which would result in the area depending on the final plan approved. LaVern Peterson, 6918 June Avenue; and Michael Bice, 6932 June Avenue; spoke in favor of a cul -de -sac on June Avenue. Mr. Peterson questioned whether the boulevard would be landscaped or fenced. The City Manager responded the City tentatively planned to acquire three businesses in the area. When the land was redeveloped in the future, landscaping or fencing issues would be addressed, but were not considered as part of this project. David Grass, 6919 Halifax Avenue; Jim Steenberg, 6907 Halifax Avenue; Kris Kosloski, 6930 Halifax Avenue; and John UChance, 6912 Halifax Avenue; all spoke to express 6/24/91 - 5 - concern about the potential for increased traffic on Halifax depending on the status of Indiana Avenue. The Council discussed the pros and cons of closing Indiana, or putting a cul -de -sac on Indiana Avenue. Mr. Grass presented a petition from the neighborhood opposed to allowing a cul -de -sac on Indiana, on the basis it would unfairly add to traffic congestion on Halifax. The petition further requested the plan be modified to allow traffic on 69th to turn onto Indiana and also onto Grimes. Mr. Steenburg felt putting a median across in front of Indiana and restricting certain turns would result in an increase in traffic on Halifax. Ms. Kosloski was concerned about the safety of the children in the area, noting traffic tended to travel at high speeds along Halifax. She favored leaving the median open at Indiana. Mr. LaChance indicated a number of motorists used Halifax Avenue as a cut - through and suggested eliminating the advantage of doing so by installing a three -way stop sign at 70th and Halifax, one at 70th and Indiana, and one at 70th and June. The Council felt this was a good suggestion and agreed to consider it. During later discussion of location of the proposed trail, Mr. LeChance spoke to suggest limitation of curves on the trail on the north side of 69th Avenue. Carol Fourre, 6921 Indiana Avenue; Tedd and Lynn Bennethum, 6918 Indiana Avenue; preferred to make Indiana a dead -end street. In general, residents of Indiana were willing to accept diminished access to their property to lessen the traffic on the street. Bob Folsted, who lives between Ewing and France on 69th, questioned the status of Ewing at 69th under the proposal. The City Manager responded under the proposed plan the median would be closed, but right in, right out turns would be allowed. Richard Alberico, 3701 Urban Avenue; questioned the proximity of the trail to the northern property line. Sue Mason of SEH, Inc. responded it would be approximately 70 feet from the property line. Mr. Alberico requested the City put a seven -foot privacy /security fence along the area. Jody Welton, 6842 Drew Avenue; and Ernie Erickson, 6800 Drew Avenue; requested the Council to consider the privacy of the residents of the south side also. Councilmember Pedlar responded that residents on both sides needed to be protected as much as possible. Later Mr. Erickson spoke to address the issue of traffic signals near France as proposed by Mr. LaChance and to concur with his remarks. Jim Lane, 17210 12th Avenue North, Plymouth, was a property owner in the area, but did not reside there. He was interested in how the Council's final decision would impact the value of the property he owned, based upon the access allowed. The City Manager stated that would be answered as a part of the property purchase negotiation process. 6/24/91 -6- Some anonymous members of the audience addressed their concerns as well. A woman who lived on Urban Avenue felt the wide median in her area resulted in putting the sidewalk closer to her home. The City Manager responded the wider median caused traffic to drive more slowly and had better aesthetics from a design standpoint. Another anonymous woman suggested a temporary traffic signal, similar to those located near schools, to be located on 70th and operating during times when church was in session at St. Alphonsus. In regard to the issue of stop signs and /or traffic signals near West Palmer Lake Drive, an anonymous woman felt there were safety concerns due to the proximity to the school. She indicated residents of the area were planning to petition for stop signs in the area. RECESS The Brooklyn Center City Council recessed at 8:57 p.m. and reconvened at 9:15 p.m. The Council discussed the concerns of the residents at length. Glen Van Wormer, with SEH, Inc. outlined a traffic analysis of the area and indicated the proposal as outlined caused a decrease in traffic on most streets in the area with the exception of Halifax and part of France. He presented the likely traffic impact of various alternatives regarding dead -end and cul -de -sac issues. Councilmember Cohen noted several of the discussion issues presented had engineering and technical ramifications; also, there were cases when what residents of one area preferred was in conflict with the wishes of residents of another street. He suggested the Council arrive at a consensus for each street discussed and incorporate these remarks into a decision later. The Council concurred with this suggestion. During the course of the discussion, the Councilmembers made the following observations or suggestions: Councilmember Pedlar stated he was initially opposed to the expansion of 69th Avenue. Because a lot of residents and their properties were impacted, he encouraged them to express their opinions about the proposal so that the resulting project would take their needs into account wherever possible. He suggested berms and plantings on the south side of the property to increase privacy for residents of the area. Regarding the trail and possible fencing on the north side of the project, he suggested staff mitigate this issue rather than Council and bring back for review. Councilmember Cohen noted allowing a cul -de -sac or dead -end on particular streets would have a likely impact on property values. The City Manager concurred, noting the amount of access taken or given to a street is a value in itself. Councilmember Cohen felt the Council needed to exercise caution in making decisions without extensive review to avoid 6/24/91 - 7 - engineering the project from the Council table. He felt consultants should be asked to review the Council's consensus remarks, taking into consideration residents' concerns. Mayor Paulson commented the City had spent a lot of public money on the project and felt it was important to have it done in a first class manner and maximize its function so that it would be an asset to the community. He thanked residents for their input and good suggestions in several areas. Councilmember Scott felt safety concerns of residents along various streets should receive a high priority. She pointed out a high percentage of traffic in the area is not generated by residents of Brooklyn Center. She favored placing a cul -de -sac on June Avenue because she felt it was a dangerous intersection. In regard to the status of Indiana Avenue, she did not support closing or allowing a cul -de -sac because she felt it added unfairly to the traffic burden on Halifax. Regarding the Indiana Avenue intersection, Councilmember Rosene felt the proposal was an agreeable compromise. He favored attempting to minimize the traffic impact on Halifax and considering the installation of traffic signals. On the issue of the trail location, Councilmember Rosene preferred to see a trail with gentle curves, but not too close to the property line. The Council arrived at a consensus on the following issues: 1. June Avenue -- create a cul -de -sac, but allow the median to remain open. 2. Indiana Avenue intersection - -allow the median to be closed, create a cul -de -sac on Indiana, if it is possible to lessen the traffic impact on other streets. 3. Halifax - -as proposed. Review traffic impact, consider signals. 4. Grimes -- median closed, street to remain open. 5. France -- Consider signals there, pending the decision of the highway department. Continue to seek state funding for a controlled intersection there. 6. Ewing Avenue -- median closed, street to remain open. 7. Drew Avenue -- median open, street to remain open, with no restrictions on U Turns. 8. Trail on north side - -have staff mitigate. Provide for adequate fencing, screening or berming in most efficient manner. 6/24/91 -8- CORRECTED COPY 9. Trail location -- gentle curves within construction lines, at least 8 feet from road in the area of Palmer Drive and 10 feet for the remaining area. 10. Palmer Lake - -it was noted there was little latitude in the area due to wetland restrictions and federal requirements. The Council concurred with a marked crosswalk at Palmer Lake Drive. They referred traffic concerns to advisory committee. 11. Overall roadway - -as outlined in the proposal. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing staff to draft a resolution incorporating Council consensus remarks to be considered at the July 8, 1991, Council meeting. The motion passed unanimously. The public informational hearing was informally closed at 10:25 p.m. RECESS The Brooklyn Center City Council recessed at 10:25 p.m. and reconvened at 10:32 p.m. PRESENTATION ANNUAL AUDITED FINANCIAL REPORT The Finance Director introduced Charlie Hansen, Assistant Finance Director, Clifford Hoffman and Barbara Diekmann, of the City's independent audit firm, Deloitte & Touche, who were present to review the 1990 audit. It was noted that last year's annual financial report received the Government Finance Officer's Association of the United States and Canada's "Certificate of Achievement for Excellence in Financial Reporting" and that staff expected this year's report will also receive the certificate. Mr. Hoffman stated the firm worked for the City Council, not for City management. He thanked the City staff for their cooperation and unlimited access to information during the audit. He gave the City high marls for its financial affairs. Mr. Hoffman noted the City had a number of strengths in the area of financial planning. He felt strongly that communities should not pass costs of today's services to tomorrow's taxpayers, and reported the City had not done this. He indicated all of the City's investment risks were in Category 1, which was a favorable sign. Also, the net debt per capita was $15, which compared with a national average of $500. Bob Thistle, of Springsted, Inc. discussed the relationship between bond rating and interest rates and stated the City was in an enviable position in this. He noted the audit offered tips on good management practices. 6/24/91 .9- Ms. Diekmann summarized the report and noted the City had an excellent record of following the audit firm's advice. Two cases of bid law violations in 1989, for example, had not been repeated. Mr. Hoffman reported the City had good, consistent management. He cautioned the City to keep an eye on their enterprise funds, but felt the financial outlook overall was very good. The Council thanked the audit firm for their presentation and commended the finance department for their work. Councilmember Cohen commented the audit presented good information for the Budget Task Force. DISCUSSION ITEMS STATUS REPORT REGARDING PROJECT DEVELOPMENT PLAN AND COST ESTIMATE FOR 69TH AVENUE IMPROVEMENTS As the 69th Avenue improvements had been previously discussed under item 8, during the public informational hearing on this project, the Director of Public Works did not further review the matter, but offered to answer any Council questions. RESOLUTION NO. 91 -160 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING ESTIMATE OF PROJECT COSTS AND FUND SOURCES FOR RECONSTRUCTION OF 69TH AVENUE NORTH FROM BROOKLYN BOULEVARD TO SHINGLE CREEK PARKWAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -161 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 69TH AVENUE SOIL CORRECTIONS (CONSTRUCTION PHASE 1, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1991 -1) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. 6/24/91 - 10- RESOLUTION NO. 91 -162 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON 69TH AVENUE BETWEEN BROOKLYN BOULEVARD AND SHINGLE CREEK PARKWAY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. CONSIDERATION OF THE 1991 -2000 CAPTTAL IMPROVEMENT PROGRAM The Director of Public Works stated several changes had been made to the program to incorporate the remarks of the Council during their preliminary review on June 10, 1991. Bob Thistle reviewed Part II of the Capital Improvements Program which included the Debt Planning Study. He indicated the City was at 2.91% of the debt capacity allowed by the State Legislature, and therefore was in a very stable position. In response to Councilmember en' indicated certain overlapping Coh s question, he indicat r m o P q , PP g debts could possibly have a negative impact on the City's bond rating. This could be affected by the County or the school district's bond rating, also. RESOLUTION NO. 91 -163 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE 1991 -2000 CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. CONSIDERATION OF $3.0 MILLION BOND SALE RELATING TO 69TH AVENUE IMPROVEMENT PROJECT NO. 1990 -10 The Director of Public Works reported the proceeds of the bonds would be used to pay costs for the 69th Avenue Improvement Project. In response to Councilmember Rosene's question, he stated the $45,000 allowance for discount bidding was the maximum profit for the underwriter. RESOLUTION NO. 91 -164 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,000,000 GENERAL OBLIGATION STATE AID ROAD BONDS, SERIES 1991B 6/24/91 - 11 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. STAFF REPORT REGARDING 57TH AVENUE DRAINAGE PROBLEMS There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene tabling this item until the July 8, 1991, Council meeting. The motion passed unanimously. STAFF REPORT REGARDING CONCEPT DESIGNS FOR TRAILWAY PAST HUMBOLDT SQUARE Tim Erkkila, of Westwood Professional Services, Inc., the City's landscaping consultant, presented seven design alternatives for consideration. Each alternative had some easement requirements. Of the seven designs, three had been identified by staff as being most desirable. These had been based upon effectiveness o the trail project and included f it and aesthetics of the ro' P P � alternates A -2, E and B. The Council discussed these designs, as well as A -1. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar directing staff to present the alternatives discussed to residents of the area, receive input, gather information regarding Council's discussion of the alternatives, and report back to Council. The motion passed unanimously. STAFF RECOMMENDATION REGARDING REMODELING OF PARK SHELTER I'I BUILDING AT TWIN LAKE BEACH There was a motion by Councilmember Cohen and seconded by Councilmember Rosene, tabling this item until the July 8, 1991, Council meeting. The motion passed unanimously. REGIONAL MEETINGS FOR 1992 METROPOLITAN COUNCIL BUDGET This was presented as an informational item. No formal action was taken on this matter. RESOLUTIONS (CONTINUED) RESOLUTION NO. 91 -165 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR WATER DISTRIBUTION SYSTEM IMPROVEMENT, IMPROVEMENT PROJECT NO. 1990- 03, CONTRACT 1991 -C (WATER MAIN CONSTRUCTION IN THE VICINITY OF 69TH AVENUE AND DUPONT AVENUE AT WATER TOWER #2) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 6/24/91 - 12 - The City Manager noted item 11h, Supporting Concept of an MTC Opting -In Program and Offering Brooklyn Center as a Pilot -City had been inadvertently placed on the agenda and would not be considered at the meeting. I 'p ADJOURNMENT There was a motion by Councilmember Scott, and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:30 a.m. Deputy Clerk Todd Paulson, Mayor Recorded and transcribed by: Ann J. Odden Northern Counties Secretarial Service 6/24/91 - 13 -