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HomeMy WebLinkAbout1990 10-29 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 29, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, 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 Administrative Aide Patti Page. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist recognized Kathleen Carmody, 6312 Brooklyn Drive. Ms. Carmody stated on October 13, 1990, there was an attempted break -in at her home. She stated when the police arrived, there was a man outside, at the house next door, who was incoherent and causing trouble. She noted the police did not arrest this man, and she was wondering why. The City Manager stated he would look into this issue with the Police Chief and contact Ms. Carmody. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the final plat for E & H Properties Addition. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING OCTOBER 30, 1990, AS FRED W. CAPSHAW DAY IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTIONS RESOLUTION N0. 90 -231 10/29/90 _1_ Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THOMAS SLUPSKE The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -232 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -233 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR REMOVAL OF SIX HOUSES ON 69TH AVENUE NORTH, IMPROVEMENT PROJECT NO. 1990 -21, CONTRACT 1990 -K The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -234 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF WELLHOUSE NO. 10, IMPROVEMENT PROJECT NO. 1990 -16, CONTRACT 1990 -G The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -235 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 10/29/90) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the following list of licenses: AMUSEMENT DEVICE - VENDOR Mark John Haider 3630 Admiral Lane CHRISTMAS TREE SALES LOT 10/29/90 -2- P.Q.T. Company 4007 58th Ave. N. Weber's Greenhouse 5040 Brooklyn Blvd. P.Q.T. Company 4007 58th Ave. N. Jerry's NewMarket 5801 Xerxes Ave. N. COMMERCIAL KENNEL Wonderful World of Pets 1269 Brookdale Center ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lioness 6500 Humboldt Ave. N. Brooklyn Harmonettes 6155 Earle Brown Dr. Willow Lane Elementary School 7020 Perry Ave. N. MECHANICAL SYSTEMS Minndak Mechanical 14918 200th Ave. NW RENTAL DWELLINGS Initial: Manfred & Sandra Bergstrom 5328 Emerson Ave. N. Melvin & Mildred Jampsa 5619 Hillsview Road Paula Brodin 1600 55th Ave. N. Renewal: Maranatha Place 5415 69th Ave. N. Twin Lake North Apartments 4500 -4590 58th Ave. N. Victoria Townhouses 6740 -6861 Grimes Place Eugene J. Sullivan 5329, 33 Brooklyn Blvd. Randall B. Cook 5347 Brooklyn Blvd. Roland Scherber 5243 Ewing Ave. N. Daniel & Georgette Kitchin 5601 Logan Ave. N. Mr. and Mrs. John Schroeder 5312 Oliver Ave. N. Savage II /Portfolio Properties 5300 -5322 Ponds Drive Savage II /Portfolio Properties 5301 -5315 Ponds Drive Savage II /Portfolio Properties 5319 -5333 Ponds Drive Savage II /Portfolio Properties 5400 -5422 Ponds Drive Savage II /Portfolio Properties 5401 -5423 Ponds Drive Savage II /Portfolio Properties 5426 -5448 Ponds Drive Savage II /Portfolio Properties 5427 -5441 Ponds Drive Duane & Jenny Christiansen 5400 Sailor Lane Savage II /Portfolio Properties 7225 -7247 Unity Ave. N. Savage II /Portfolio Properties 7240 -7254 Unity Ave. N. Savage II /Portfolio Properties 7251 -7273 Unity Ave. N. Savage II /Portfolio Properties 7260 -7274 Unity Ave. N. Richard R. Dawson 3955 69th Ave. N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Proposal from SEH, Inc. to Provide Professional Design Services Relating to Replacement of Lift Station No. 2 Improvement Project No. 1990 -05. The City Manager noted this lift station is located near 55th and Lyndale. He stated this proposal was for preliminary 10/29/90 -3- design work on the lift station. The EDA Coordinator entered the meeting at 7:09 p.m. The Director of Public Works explained the Metropolitan Waste Control Commission has requested the City include the design and construction of a metering station for this lift station. He noted a preliminary agreement has been prepared in which Metropolitan Waste Control Commission will reimburse the City for the cost of installing this metering station. He explained staff has discussed with the Hennepin Parks' staff the use of a portion of property which they currently purchased. He noted the Hennepin Parks' staff has indicated its support of this proposal. He noted the City is now submitting a formal request for use of this property for consideration by the park board. Councilmember Pedlar stated in the past the Council has discussed the City's relationship with SEH, Inc. and noted he still believes the City should develop relationships with other firms. The Director of Public Works stated he intends to work with other firms; however, he feels it will be beneficial to continue using SEH, Inc. with this project because of their preliminary work. RESOLUTION NO. 90 -236 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FROM SEH, INC. TO PROVIDE PROFESSIONAL DESIGN SERVICES RELATING TO REPLACEMENT OF LIFT STATION NO. 2, IMPROVEMENT PROJECT NO. 1990 -05 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. The Director of Public Works stated this amendment involves the rezoning from R -5 to C2 and C1 of certain land owned by Howard Atkins, located at the southeast quadrant of T.H. 252 and 66th Avenue North. He noted this rezoning was approved by the City Council under Planning Commission Application No. 90003. He noted this item is offered this evening for a first reading. Councilmember Pedlar noted at the April 9, 1990, meeting, he voted against this rezoning. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land and setting a public hearing date for November 19, 1990, at 7:30 p.m. The motion passed with Councilmember Pedlar opposed. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 90027 SUBMITTED BY JOHNSON CONTROLS INC. REQUESTING SITE AND BUILDING APPROVAL TO CONSTRUCT A 6,666 SO FT ADDITION TO THE EXISTING 10,000 SO FT JOHNSON CONTROLS' BUILDING LOCATED AT 1801 67TH AVENUE NORTH 10/29/90 -4- The City Manager noted this item was recommended for approval by the Planning Commission at its October 18, 1990, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages four and five of the October 18, 1990, minutes and information sheet. He briefly went on to review the site and noted the proposed landscaping plan exceeds the required number of points for the landscaping system. He noted there were nine conditions recommended for approval, and he went on to review these for the Council. He stated that a public hearing is not required for this application. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott approving Planning Commission Application No. 90027 submitted by Johnson Controls, Inc. 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 property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems prior to the issuance of permits. The motion passed unanimously. DISCUSSION ITEMS STORM DRAINAGE UTILITY PROPOSAL The Director of Public Works reviewed the report prepared for the Council. He noted a comprehensive study was conducted for the City of Roseville in 1985 and has been used by many metro area suburbs as a model for establishing storm 10/29/90 -5- drainage fees. He noted City staff has reviewed this model and found it to be technically and financially sound. He stated staff recommends its use with a few minor adjustments to more accurately reflect factors which are specific to Brooklyn Center. Councilmember Cohen inquired if any consideration has been given to charging those properties under Class l differently because of the type of runoff they produce by the chemicals used for lawn treatments. The Director of Public Works stated the figures are based on the current runoff; however, he believes this will have to be a factor in the future. He noted the actual fee structure for this utility would be set by resolution after adoption of the ordinance. The City Manager pointed out the intent of this utility would be to improve the quality of storm drainage before it hits the lakes and streams. Councilmember Cohen noted when information is sent to the community, it should indicate these charges are only the beginning. The City Manager noted information will be sent out to the residents in the near future. EDA Assistant Coordinator Tom Bublitz entered the meeting at 7:45 p.m. The Director of Public Works reviewed the proposed budget for the storm drainage utility. The City Manager noted some items contained within this budget are currently being paid for through the general fund budget. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading An Ordinance Adding Chapter 16 Regarding Storm Drainage Utility and setting a public hearing date for November 19, 1990, at 8 p.m. The motion passed unanimously. REVIEW OF NEW DESIGN CONCEPTS FOR PROPOSED INTERCHANGE AT T H 100 AND FRANCE AVENUE The Director of Public Works reviewed the suggested design revisions as developed by SEH, Inc. RECESS The Brooklyn Center City Council recessed at 8:18 p.m. and reconvened at 8:35 P.m. CANVASSING MUNICIPAL ELECTION The City Manager noted at this time it is difficult to predict what time results will be available at City Hall for canvassing. He noted the City Clerk would be contacting Councilmembers later in the week with more information. CHARTER COMMISSION RECOMMENDATION REGARDING CHANGES TO SECTION 2.05 VACANCIES IN THE COUNCIL AND SECTION 3.01 COUNCIL MEETINGS The City Manager introduced Barb Sexton, chairperson for the Charter Commission. A discussion then ensued regarding the changes being recommended by the Charter Commission. Mayor Nyquist noted he had several questions regarding the wording of certain sections. Ms. Sexton stated the Charter Commission could do further work on those sections. Mayor Nyquist inquired if the Council had any questions regarding filling vacancies. Ms. Sexton noted that if the term to be filled is for less than one year, then the Council may appoint someone, and if the term is for more than one year then a special election would be required. Mayor Nyquist inquired how much 10/29/90 -6- a special election would cost. The City Manager stated it would generally cost between $8,000 and $10,000. He noted if the City were required to use the optech scanners, then the cost would be closer to $12,000. The City Attorney stated he has a number of comments regarding the proposed changes and stated he would like to have time to review these proposed changes. Councilmember Cohen noted he feels these proposed amendments go in the opposite direction from those amendments made in 1986. Councilmember Paulson stated he feels there are four things which must be kept in mind when filling the vacancy. He noted these items are openness, democratic values, the cost of a special election, and the voter turnout for a special election. The City Manager stated he would have the City Attorney review the proposed changes and work with the Charter Commission on revisions. ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) POLICIES AND LEGISLATIVE PROPOSALS The City Manager noted an extensive document representing the proposed policies and legislative proposals which the AMM will be working with was included in the Councilmember's packets. He stated he would recommend the Council request a modification of the policy regarding transportation needs so that the needs for housing and infra structure replacement are included. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar directing staff to prepare a resolution to be presented at the November 1, 1990, Association of Metropolitan Municipalities meeting. The motion passed unanimously. 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 9:16 p.m. Deputy City Clerk o 10/29/90 -7-