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HomeMy WebLinkAbout1991 08-26 CCM Regular Session f 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 AUGUST 26, 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 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Engineer Mark Maloney, EDA Coordinator Brad Hoffman, Assistant EDA Coordinator Tom Bublitz, Director of Parks and Recreation Arnie Mavis, City Attorney Charlie LeFevere, and Council Secretaries Ann Odden and Peggy McNabb. OPENING CEREMONIES Elaine Bernards 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 to the Council members, staff and community that several weeks ago he was both reappointed to and elected chair of the Metropolitan Transit Commission. He felt his service on the MTC will provide the City of Brooklyn Center with a good opportunity to do some significant work with transit in Brooklyn Center, and that offering Brooklyn Center as a pilot city in the MTC Opting -In Program would be a good initial step. It will provide an opportunity to mold transit in a way that will best fit the community. He further suggested that transit issues in general be moved up a notch or two in the Council's list of priorities so that they can be addressed while he is serving on the MTC, which may be a year or two. Councilmember Cohen recommended further discussion at this time of participating in the MTC Opting -In Program. Mayor Paulson indicated several past efforts to have the MTC 8/26/91 - 1 - change the City's route structure have been unsuccessful. The Mayor and Council members discussed the need to get riders where they want to go within the City of Brooklyn Center, rather than straight into the downtown area as is the current structure. The Opting -In Program should provide an opportunity to do this type of thing, as well as possibly increasing express service and studying the possibility of a circulator -type or dial -a -ride system within the City. The Council's clear -cut goal is to make transit more convenient for people to use. Mass transit programs are good for the environment, convenient to use, cost effective, and reduce traffic congestion. There is a definite need to promote the incorporation of mass transit into peoples' lifestyles. The MTC Opting -In Program is modeled on the successes of the Opting -Out Program where communities were able to opt out of the MTC system, design their system to best serve the community, and then advertise for bids and implement the desired service design. Mayor Paulson is optimistic about the MTC Opting -In Program and added the MTC staff is also very excited about the program improving transit throughout the metropolitan area. Councilmember Cohen congratulated Mayor Paulson on his reappointment and election as chair of the MTC and noted the Council is very fortunate to have his leadership. Councilmember Cohen asked about the MTC staff working with the City staff to come up with a desirable program. Mayor Paulson indicated the program involves a two -way commitment; both the City and MTC will work together. The MTC's commitment is to be open and flexible and to work with the communities to increase and improve service. The City's commitment is primarily staff time, attention, and innovation in effective transit planning. The MTC plans to initially work with one or two communities at a time. The success of this program will, hopefully, mean Brooklyn Center will spend less money for better service. Councilmember Cohen noted he has been successfully working with five cities on housing and human service issues along with the Metropolitan Council and suggested the MTC may want to consider work in a group that same size. He will provide additional information to Mayor Paulson. RESOLUTION NO. 91 -200 Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING CONCEPT OF AN MTC OPTING -IN PROGRAM AND OFFERING BROOKLYN CENTER AS A PILOT CITY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Jerry Pedlar, and the motion passed unanimously. 8/26/91 -2- APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Rosene requested the minutes from the previous meeting be removed. Councilmember Pedlar requested item 11 be removed. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the agenda and consent agenda with items 7a and 11 removed. The motion passed unanimously. APPROVAL OF MINUTES August 12, 1991 - REGULAR SESSION Councilmember Rosene noted corrections to the August 12, 1991, minutes: 1. Page 5 -- the first Planning Commission item heading should read: PLANNING COMMISSION APPLICATION NO. 91 011 SUBMITTED BY SAI ROSSI REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME BEAUTY SHOP OPERATION IN THE LOWER LEVEL OF THE HOME AT 3000 QUARLES ROAD 2. Page 14 -- second to the last paragraph should begin: Ernie Erickson ... 3. Page 14 -- last paragraph, second sentence should read: He questioned scheduling of swim practices. Mayor Paulson asked the recording secretary to incorporate these revisions into the minutes. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the minutes of August 12, 1991, regular session with the above revisions. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -201 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED FOR SANITARY SEWER REPAIR ON WOODBINE LANE, AT CAMDEN AVENUE NORTH, IMPROVEMENT PROJECT NO. 1991 -12A, CONTRACT 1991 -L The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 8/26/91 -3 - I� RESOLUTION NO. 91 -202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED FOR SANITARY SEWER REPAIR ON 5TH STREET NORTH, IMPROVEMENT PROJECT NO. 1991 -12B, CONTRACT 1991 -M The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -203 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING IMPROVEMENT PROJECT NO. 1990 -24, CONSTRUCTION OF WATER SLIDE IN COMMUNITY CENTER, PROVIDING FUNDING THEREFORE AND ACCEPTING PROPOSAL FOR ARCHITECTURAL SERVICES RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -204 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE II REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 08/26/91) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -205 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AUTHORIZING THE PURCHASE OF ONE (1) DUMP BODY AND HOIST -- APPROVED IN 1991 STREET MAINTENANCE BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -206 Member Celia Scott introduced the following resolution and moved its adoption: 8/26/91 -4- I RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE YEAR XVII THIRD -PARTY FUNDING AGREEMENT FOR OPERATION OF THE CITY'S SINGLE - FAMILY REHABILITATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 91005 SUBMITTED BY INVESTORS SAVINGS BANK REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 9.370 SO. FT. COMBINATION BANK AND OFFICE BUILDING ON THE SITE OF THE OLD GREEN MILL RESTAURANT AT BROOKLYN BOULEVARD The City Manager reviewed the staff report on this agenda item, noting the application was first reviewed and recommended for approval by the Planning Commission at its February 28, 1991, meeting. However, review and approval had been delayed at the applicant's request for re- evaluation. The Director of Planning and Inspection presented and discussed the details of the Investors Savings Bank's slightly modified site and building plan. Investors Savings Bank will occupy 4,000 square feet on the westerly portion of the building; the easterly 4,370 square feet will now be leased as retail space, rather than office space as originally proposed. A central vestibule and lobby area will serve as the entrance to the two spaces. Minor alterations at the site include a loading facility along the easterly side of the retail space, as well as some changes to the landscaping. Councilmember Rosene expressed thanks and appreciation to the developer for far exceeding the landscaping standards. John Pope, Pope Associates, Inc., and Lyle Henderson, Investors Savings Bank, responded to questions from the Council and staff on the proposal. Councilmember Pedlar raised a discussion on the number of lanes exiting the parking lot on 56th Avenue and expressed a concern about heavy weekend traffic having a difficult time exiting left on 56th Avenue. The Council members and staff discussed the possibility of moving the exit to the south to provide additional distance between the exit and intersection. The City Manager explained it would not be practical to do so, as it is best to keep the accesses and exits on both sides of the road directly across from each other. Mayor Paulson indicated, and the Council members, concurred that this intersection is a very busy, uncontrolled intersection. Councilmember Rosene recommended staff work with the developer to move the exit as far to the south as possible. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve Planning Commission Application No. 91005 submitted by Investors Savings Bank 8/26/91 -5 - subject to the latitude being worked out between the developer and City staff, and also 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. 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. An 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. B612 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. Traffic control signery on the site shall be subject to review and approval by the Director of Public Works. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 91013 SUBMITTED BY THE CITY OF BROOKLYN CENTER IS A REQUEST FOR SITE AND BUILDING PLAN /SPECIAL USE PERMIT APPROVAL TO REPLACE THE EXISTING LIFT STATION AT 5450 LYNDALE AVENUE NORTH WITH A NEW LIFT STATION ON THE SAME PARCEL AND 8/26/91 -6- PLANNING COMMISSION APPLICATION NO. 91014 SUBMITTED BY THE CITY OF BROOKLYN CENTER REQUESTING VARIANCES FROM BOTH THE FRONT YARD SETBACK REQUIREMENT OFF LYNDALE AVENUE AND FROM THE MISSISSIPPI RIVER BLUFF LINE SETBACK IN ORDER TO BUILD A NEW LIFT STATION AT 5450 LYNDALE AVENUE NORTH The City Manager reviewed the staff report on these agenda items. He noted application No. 91013 is a request for site and building plan and special use permit approval to replace the existing lift station at 5450 Lyndale Avenue North with a new lift station on the same parcel, and application No. 91014 is a request for a variance from both the front yard setback requirement off Lyndale Avenue and from the Mississippi River bluff line setback in order to build the new lift station at the same site. Both applications were considered and recommended for approval by the Planning Commission at its August 15, 1991, meeting. The Director of Planning and Inspection presented the layout and details of the site and building plan of a new lift station to be constructed at the site of the existing facility. The main reason for this project is to take care of a serious odor problem that has existed for many years, as well as to upgrade with much - needed newer equipment. The variance request is for two setback requirements: the front yard setback requirement off of Lyndale Avenue North and the Mississippi River Bluff line setback. If the variance is not granted, the property is not buildable, as the setback requirements could not be met. The Planning Commission did believe the standards for the variances were met in this case and did recommend approving a nine -foot setback off of Lyndale and a 27 -foot setback off the bluff line standard. Both the Environmental Quality Board and the County Park Reserve District have been contacted; neither have raised any objections. The location of this new structure does allow space for trailways and bike paths to go through the area. Councilmember Scott commented the odor problem at this site has existed for many, many years and has been considered by the Council many times, but has always been put on the back burner because of cost. She anticipates many grateful residents and thanked the city engineers for all the work they have done with Short - Elliott and Hendrickson to get this project off the ground. In response to Councilmember Rosene's question on the keystone retaining wall, the City Manager indicated the wall is the same type that was built along Warner Hardware by the golf course, to which the City has received a great deal of positive public response. It is an earthtone- colored block that can be stacked up securely without mortar. In response to Commissioner Rosene's question on the trash disposal facility included on each application, the City Manager indicated it is a standard inclusion in construction projects; and no trash disposal facilities are anticipated at the lift station. 8/26/91 - 7 - The Director of Planning and Inspection recommended the Council members consider approving application No. 91014 prior to application No. 91013, as No. 91014 is set forth as a condition in No. 91013. In response to Mayor Paulson's question as to the cost estimates of the project, Councilmember Rosene indicated the cost, as indicated in the resolution in agenda item no. 10a, is $699,000. The City Engineer and Council members discussed costs and alternatives to building a new station. The City Engineer and Council members concurred that building a new lift station is by far the better alternative, as simply repairing it to bring it up to current code is almost as costly. The existing equipment is very old and operating at maximum capacity to serve the area. The City Engineer added this lift station is by far the largest in the city, serving the entire eastern half of Brooklyn Center. In response to Mayor Paulson's question on the age of the existing lift station, the City Engineer stated it was built in 1955 and upgraded in 1980 or 1981. Councilmember Rosene asked that he be provided with an outline breaking down the costs of constructing the new lift station. In response to Councilmember Pedlar's question as to funding for the project, the City Manager indicated the project would be paid for from the utility fund. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Applications Nos. 91014 and 91013. He inquired if there was anyone present who wished to address the Council. There being no response, Mayor Paulson entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the ublic hearing at 8:29 .m. The motion asked unanimous) P g . P P Y There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to approve Planning Commission Application No. 91014 subject to the foIIowing findings: 1. The variance is necessary for the property to continue to be buildable. Relocation of the lift station is not feasible due to prohibitive costs involved in relocating utilities. 2. The physical circumstances of the lot with its river abutment and extremely shallow depth are relatively unique in the City. Similar properties to the north have also been granted setback variances. 3. The unique physical circumstances have not at anytime been caused by the City. 8/26/91 -8 - 4. The variance will not be detrimental to other property in the neighborhood inasmuch as it will allow for a new and relocated lift station that will eliminate the odor problem associated with the old lift station. 5. The variance is not contrary to the intent of the Critical Area regulations which are aimed at preserving, as much as possible, the natural scenery along the Mississippi River corridor. The proposed screening and landscape plan appropriately fulfill this objective. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve Planning Commission Application No. 91013 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. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. B612 curb and gutter shall be provided around all parking and driving areas. 5. Site and building plan and special use permit approval are subject to approval of variance Application No. 91014. 6. The special use permit is granted only for the specific use proposed by the City. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. The motion passed unanimously. RESOLUTION NO. 91 -207 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR LIFT STATION NO. 2 REPLACEMENT, IMPROVEMENT PROJECT NO. 1990 -05, CONTRACT 1991 -P The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 8/26/91 -9- RECESS The Brooklyn Center City Council recessed at 8 :30 p.m. and reconvened at 8:46 p.m. DISCUSSION ITEMS MUNICIPAL LIABILITY UNDER SUPERFUND The City Manager presented a resolution that will encourage Congress to amend the Federal Superfund Law to reduce the liability of municipalities in solid waste violation litigation. RESOLUTION NO. 91 -208 Member Rosene introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING ENACTMENT BY THE UNITED STATES CONGRESS OF S.F. NO. 1557 LIMITING LIABILITY OF MUNICIPALITIES UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ( "CERCLA ") The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. MONTHLY WORK SESSIONS The City Manager and Council members discussed a proposed schedule of monthly work sessions to prepare for the 1992 budget hearing and adoption dates of November 25th and December 4th. The agreed -upon budget hearing dates must be published and declared to Hennepin County. Budget work sessions were scheduled for October 29th and November 13th. Councilmember Rosene indicated his parent /teacher conferences will conflict with the proposed November 25th original budget hearing date and asked to be excused. The City Manager indicated the Council can, in fact, act with four members present, and parent /teacher conferences are an excusable absence. A motion was made by Councilmember Pedlar and seconded by Councilmember Scott to approve the original budget hearing date of November 25th and the adjourned budget hearing date of December 4th, if needed. The motion passed unanimously. RESOLUTION ADOPTING THE 1992 PROPOSED BUDGET The City Manager presented three resolutions regarding the 1992 proposed budget, tax levy, and proposed tax capacity levy for the HRA. He advised the Council that Minnesota law allows city councils to adjust the budget up or down after acceptance but does not allow an increased tax levy. Therefore, the tax levy has been set at the absolute maximum to allow for maximum flexibility. The preliminary figures presented to the Council members in the budget are still preliminary; they are based on estimates. The City Manager recommended the Council pass the preliminary budget and the tax levies as proposed with the understanding they can be adjusted. 8/26/91 - 10- Councilmember Scott clarified with the City Manager that the City would still have a budget deficit with the proposed budget even with the property tax levied to the limit. He noted that the City lost $350,00 in revenue this year because of State aid cuts, so it becomes a 'f question of policy as to how much of the fund balance the City has available to use. More detailed information on the fund balance and anticipated revenues will be available for the first budget working session. In response to Councilmember Pedlar's question as to these figures being reflective of the department heads' initial requests, the City Manager indicated the figures are from the department heads; however, he has cut them back significantly and is not yet comfortable with the figures to make a recommendation to the Council. RESOLUTION NO. 91 -209 Member Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE PRELIMINARY 1992 PROPOSED BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -210 Member Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A PROPOSED TAX LEVY FOR 1992 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen, and the motion passed unanimously. RESOLUTION NO. 91 -211 Member Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PROPOSED TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 8/26/91 I i RESOLUTION REGARDING THE STATUS OF CERTAIN RENTAL PROPERTIES IN THE CITY OF BROOKLYN CENTER The City Manager presented a resolution which will provide some direction to staff on how to handle certain rental properties in the City of Brooklyn Center currently facing bankruptcy and /or financial problems. Council members had been provided a list of the properties at a recent work session. RESOLUTION NO. 90 -212 Member Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING STATUS OF CERTAIN RENTAL PROPERTIES IN THE CITY OF BROOKLYN CENTER Councilmember Scott complimented the City Manager on the way the resolution was written, indicating it incorporates all the things the Council members would like to see occur with these situations. The compliment was passed on to the author, Tom Bublitz, Assistant Economic Development Authority Coordinator. The motion for the adoption of the foregoing resolution was duly econd Rosene, and the motion passed unanimously. y ed by member LICENSES The City Manager responded to Councilmember Pedlar's questions on the list of rental licenses in general. Initial is a first -time application; renewals come due every other year. The City Manager and Council members discussed the Council members' desire to have more detailed information on these rental applications prior to becoming agenda items. The City Manager will work on getting a list of rental applications to the Council members showing when rental licenses expire. Councilmember Rosene requested City staff be asked to somehow indicate any extraordinary circumstances on any of these properties in the future which will assist the Council members in approving the applications. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLES Browning Ferris Industries of MN 9813 Flying Cloud Drive Gallagher's Service, Inc. 1691 - 91st Avenue NE Robbinsdale Transfer 3601 - 48th Avenue N Super Cycle, Inc. 775 Rice Street Waste Management - Blaine 10050 Naples Street NE MECHANICAL SYSTEMS Northwestern Service, Inc. 791 Hampden Avenue i 8/26/91 - 12 - RENTAL DWELLINGS Initial: Judd and Deb Smith 5837 June Avenue N Susan Licciardi 2024 Ericon Drive Debra Schlick 6727 Perry Avenue N Renewal: Helene Ebhardt 5639 Girard Avenue N Lewis and Vivian Hedlund 5316 Russell Avenue N Robert Nechal 5332 -36 Russell Avenue N Julie Haugen /Sharon Haugen 4806 Twin Lake Avenue N Cherie Wyman 3901 -52nd Avenue N The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:17 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Secretarial Service 8/26/91 - 13 - I