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HomeMy WebLinkAbout1990 11-19 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 NOVEMBER 19, 1990 CONSTITUTION HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:07 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 ection Ron Warren, City Attorney Charlie LeFevere, Assistant Finance Director Charlie Hansen, City Engineer Mark Maloney, Public Works Coordinator Diane Spector, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist 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. CONSENT AGENDA Mayor Nyquist inquired if any councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - AUGUST 27. 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the August 27, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - NOVEMBER 6 1990 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the November 6, 1990, City Council. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 90 -238 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -I, IMPROVEMENT PROJECT NO. 1990 -19, XERXES AVENUE SIDEWALK 11/19/90 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -239 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -L, IMPROVEMENT PROJECT 1990 -23, WILLOW LANE PARK WATER MAIN REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -240 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET REPLACING THE EXISTING MIMEOGRAPH IN THE PARK AND RECREATION DEPARTMENT 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: CIGARETTE (OVER THE COUNTER SALES) Brooklyn Center Municipal Liquor #1 1500 69th Ave. N. Brooklyn Center Municipal Liquor #2 6250 Brooklyn Blvd. Brooklyn Center Municipal Liquor #3 1966 57th Ave. N. GASOLINE SERVICE STATION Brookdale Unocal 5710 Xerxes Ave. N. Brooklyn Center Service "76" 6245 Brooklyn Blvd. Superamerica #4160 6545 West River Road Superamerica #4058 1901 57th Ave. N. MECHANICAL SYSTEMS Albers Sheet Metal 200 West Plato Blvd. Brady Mechanical Services, Inc. 3075 -C Spruce Street RENTAL DWELLINGS Initial: Duane Orn, M.D. 5407 Brooklyn Blvd. Charles & Sharon Ogren 3901 Burquest Lane James & Dawn Lundquist 5740 -44 Logan Ave. N. James & Kathleen Utecht 5900 Washburn Ave. N. Terry Hartmann 1300 - 68th Lane N. Valerie Blount 1316 - 68th Lane N. Renewal: I 11/19/90 -2- Michael J. Adkins 6315 Brooklyn Blvd. Ronald L. Nyberg 5301 Dupont Ave. N. Gary D. Anakkala 5412, 5412 1/2 Fremont Ave. N. Richard T. Stallman 1217 - 54th Ave. N. Eugene W. Hess 3218 63rd Ave. N. SIGN HANGER Anchor Signs, Inc. 1033 Thomas Avenue dba Universal Sign Company Signart Company, Inc. 2535 Pilot Knob Road The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Water Hookup Rates for Calendar Year 1991. RESOLUTION NO. 90 -241 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1991 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a resolution approving gambling licenses for the Brooklyn Center Lions Club. He noted these licenses would be for the following locations: Days Inn, Earle Brown Bowl, and Lynbrook Bowl. RESOLUTION NO. 90 -242 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING A CLASS B CHARITABLE GAMBLING LICENSE FOR BROOKLYN CENTER LIONS, DAYS INN LOCATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -243 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING A CLASS B CHARITABLE GAMBLING LICENSE FOR BROOKLYN CENTER LIONS, EARLE BROWN BOWL LOCATION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 90 -244 Member Todd Paulson introduced the following resolution and moved its adoption: 11/19/90 -3- RESOLUTION APPROVING A CLASS B CHARITABLE GAMBLING LICENSE FOR BROOKLYN CENTER LIONS, LYNBROOK BOWL LOCATION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEMS ADMINISTRATIVE TRAFFIC COMMITTEE RECOMMENDATION REGARDING BROOKLYN BOULEVARD BETWEEN 49TH AVENUE AND T.H. 100 The City Manager explained in October of 1989, the City Council adopted a resolution which requested Hennepin County Department of Transportation ( HCDOT) to review existing conditions on CSAH 152 (Brooklyn Boulevard) between 49th Avenue North and T.H. 100. He noted the Council requested this action so that HCDOT could develop plans for safety and access improvements to the segment of roadway. The Director of Public Works stated HCDOT has responded to the City's request and briefly reviewed its letter of response dated September 12, 1990. He noted HCDOT believes installation of a traffic control signal system at the Brooklyn Boulevard /51st Avenue intersection is warranted by existing traffic volumes. He stated they also feel the existing traffic volumes do not warrant the installation of a traffic control signal system at the intersection of the south ramp terminal with Brooklyn Boulevard. He noted, however, if the existing T.H. 100 off -ramp for northbound traffic at 50th Avenue North is closed (as currently proposed by MNDOT), the resulting diversion of traffic to the T.H. 100 /Brooklyn Boulevard interchange would increase the volume of traffic using the intersection of the south ramp terminal with Brooklyn Boulevard to a level which would warrant the installation of a traffic control signal system at that intersection. Mayor Nyquist stated he did not understand why they believe a signal system at 51st and Brooklyn Boulevard is warranted but not one block north. The Director of Public Works stated he believed it is based primarily on traffic counts at 51st Avenue which is coming to and from Minneapolis. Councilmember Cohen stated with regard to the proposed resolution, he feels the paragraph pertaining to closure of the on- and off -ramps should be removed to allow staff time to investigate the level of support or opposition within the neighborhood. The City Manager stated the neighborhood seems ems to swing ba ck and Y g g g forth with mixed signals. He recommended neighborhood meetings be held after the g g T.H. 100 design is complete. Councilmember Pedlar stated he believes traffic coming off of northbound T.H. 100 to southbound Brooklyn Boulevard is heavier than the traffic traveling to or from Minneapolis. He stated he believes this area should be reviewed more closely. Councilmember Scott pointed out no definite plans can be made until the final plans for T.H. 100 are complete. Councilmember Paulson stated he feels this requested action is premature since there is no information on the T.H. 100 plans or the neighborhood's reaction. The City Manager stated the neighborhood has never had an interest in the intersection at 50th Avenue, only the intersection at 51st Avenue. The Director of Public Works stated if the Council so wished, action could be tabled this evening pending additional information. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar tabling action regarding Brooklyn Boulevard between 49th Avenue and T.H. 100. 11/19/90 -4- i The motion passed unanimously. ADMINISTRATIVE TRAFFIC COMMITTEE RECOMMENDATION REGARDING 57TH AVENUE NORTH BETWEEN LOGAN AND HUMBOLDT AVENUE NORTH The City Manager noted in October of 1990, the Administrative Traffic Committee reviewed a citizen complaint regarding eastbound motorists on 57th Avenue using the south parking lane as a driving lane. He stated the Administrative Traffic Committee recommended that Hennepin County Department of Transportation ( HCDOT) review this situation and suggested that HCDOT consider the three elements outlined in the staff report. He noted after review by HCDOT they agreed to implement all of the Administrative Traffic Committee suggestions providing the City Council adopt a resolution prohibiting parking on the south side of 57th Avenue between Irving and Humboldt Avenues. RESOLUTION NO. 90 -245 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROHIBITING PARKING ON SOUTH SIDE OF 57TH AVENUE NORTH BETWEEN IRVING AND HUMBOLDT AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He noted this amendment involves the rezoning from R5 to C2 and Cl of certain land owned by Howard Atkins, located at the southeast quadrant of T.H. 252 and 66th Avenue North. He stated this item was offered for a first reading on October 29, 1990, published in the City's official newspaper on November 7, 1990, and is offered this evening for a second reading. He stated staff recommends the public hearing be closed and consideration deferred until final legal documentation is received. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing. The motion passed unanimously. Councilmember Pedlar inquired how this would affect the proposed Fina station. The Director of Planning and Inspection stated the Planning Commission application was approved for this station; however, Fina has chosen not to move ahead with its plans. Councilmember Pedlar inquired if a gasoline service station is a permitted or special use in a Cl or C2 zone. The Director of Planning and Inspection stated it is a special use within a Cl or C2 zone. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar 11/19/90 -5- to table consideration of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land until final legal documentation is received. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the Brooklyn Center City Charter. He noted this ordinance amends the section pertaining to the passage of the annual budget. He stated this item was first read on October 15, 1990, published in the City's official newspaper on October 24, 1990, and is offered this evening for a second reading. He noted a unanimous vote by the Council is required for passage of this ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 7 of the Brooklyn Center City Charter. "He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on An Ordinance Amending Chapter 7 of the Brooklyn Center City Charter. The motion passed unanimously. ORDINANCE NO. 90 -18 Member Jerry Pedlar introduced the following ordinance and moved its adoption: 7 AN ORDINANCE AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8:02 p.m. ORDINANCES (CONTINUED) The City Manager presented An Ordinance Adding Chapter 16 to the City Code of the City of Brooklyn Center Establishing a Storm Drainage Utility and Providing for the Establishment of Rates and Charges for the Use and Availability of the System. He noted this item was first read on October 29, 1990, published in the City's official newspaper on November 7, 1990, and is offered this evening for a second reading. The Director of Public Works reviewed the packet of information prepared for this agenda item. He noted that according to the watershed management plan calendar, local plans must be adopted by each City by 1993. He briefly explained the two Watershed Management Commissions in which Brooklyn Center belongs. He then reviewed the management issues which are facing the local cities and the Watershed Management Commission. He noted it is up to each City to develop local plans that are much more specific than the outline developed by the Watershed Management Commissions. He then went on to review a map of the existing storm sewer system within Brooklyn Center. He proceeded to review the proposed budget for the storm drainage utility system. The Public Works Coordinator stated that in 1985, Roseville was the first city 11/19/90 -6- to initiate this type of program. She noted staff carefully reviewed the City of Roseville's plan and modeled Brooklyn Center's proposed plan after Roseville's plan. She noted each parcel in Brooklyn Center was reviewed individually to see how it would fit into this program. She added the user fees would appear on the first utility bill for 1991. The City Manager noted the State has mandated this system and is urging the cities to implement user fees. He noted the money collected from these user fees must be used for improving and maintaining water quality. Councilmember Cohen pointed out it is yet another case of the State giving a mandate but not contributing funding for the mandate. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Adding Chapter 16 to the City Code of the City of Brooklyn Center Establishing a Storm Drainage Utility and Providing for the Establishment of Rates and Charges for the Use and Availability of the System. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Dan Ramirez, 6201 June Avenue North. Mr. Ramirez stated that he did not realize all storm drainage went into Shingle Creek. The City Manager stated that approximately two- thirds of the drainage runs off into Shingle Creek and the other third goes into the Mississippi River. Mr. Ramirez inquired if the money needed for this storm drainage utility system is over and above the tax increase noted by the County. The City Manager explained the statement Mr. Ramirez received from the County notes the maximum amount the City could levy. He explained it is possible the City will be levying less than the amount noted. Mayor Nyquist recognized Erick Johnson, 7013 Quail Avenue North. Mr. Johnson stated there is a manhole at the end of his driveway which is sinking. He noted the drainage in this area is very bad. The Director of Public Works stated he would contact Mr. Johnson regarding this issue. Mayor Nyquist recognized Dan McGroarty, 6312 Orchard Avenue North. Mr. McGroarty stated there are four drainage culverts near his house and noted during storms each one of these culverts back up. He noted he has been flooded four times in the last five years. He added he would like to know how long it will take for this to be fixed. The Director of Public Works noted the storm drainage system on Orchard Avenue east of Brooklyn Boulevard is undersized. He noted a special effort can be made to look at this particular site, and he believed that could be accomplished yet this year. He noted, however, it could be two to four years before this problem is actually fixed. Mayor Nyquist recognized Bernie Ackerson, 3713 53rd Place. Mr. Ackerson inquired if this would be a continuing assessment or if it would end after one year. He also inquired if an environmental assessment should have been done as development took place in Brooklyn Center. The City Manager stated this would be a continuing charge that would not end after a one -year period. Mayor Nyquist recognized Diane Lerbs, 5107 East Twin Lake Boulevard. She stated she believes anything that can be done to improve the quality of Twin Lake would be great. She stated she had some questions regarding the proposed budget for 11/19/90 -7- this system. She inquired if the local management plan fee would be dropping off to zero after 1992. She stated she believes the budget and fee should be reviewed annually and noted that five of six cities charge more than Brooklyn Center will be charging. The City Manager noted plans and projects will be identified and money will be needed to complete these projects. He noted the reserve and the money set aside for other capital projects must be used for storm drainage related projects and not for other items, such as purchasing squads or fixing parks. The Director of Public Works briefly reviewed the proposed budget for the storm drainage utility. Mayor Nyquist recognized Wallace Pehrson, 4812 71st Avenue North. Mr. Pehrson inquired where street sweeping costs are paid from at this time. The Director of Public Works stated at this time the street sweeping costs are paid from the general fund budget for the street department. Mayor Nyquist recognized Victor Henry, 5819 June Avenue North, who had some questions regarding large commercial and industrial sites. The City Manager explained that a skimming system is mandated with new development or redevelopment projects. The Director of Public Works explained that any commercial or industrial development greater than five acres must submit a plan to the Watershed Management Commission. Mayor Nyquist recognized Rita Bilek, 6858 Dallas Road. Ms. Bilek inquired if special assessments are levied for installation of storm sewers. The City Manager stated depending upon the type of project a special assessment could be levied. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing on An Ordinance Adding Chapter 16 Regarding Storm Drainage Utility to the City Code of the City of Brooklyn Center. The motion passed unanimously. Councilmember Paulson cautioned once the storm drainage utility is established the City cannot allow it to get out of control. Councilmember Cohen pointed out he feels this is an excellent step forward to ensure water quality. He noted that the money raised through this utility will allow the City to accomplish things that could not be done through the general fund. ORDINANCE NO. 90 -19 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE ADDING CHAPTER 16 REGARDING STORM DRAINAGE UTILITY The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. 11/19/90 -8- RESOLUTION NO. 90 -246 Member Celia Scott introduced the following resolution and moved its adoption: ORDINANCE ADDING CHAPTER 16 TO THE CITY CODE OF THE CITY OF BROOKLYN CENTER ESTABLISHING A STORM DRAINAGE UTILITY AND PROVIDING FOR THE ESTABLISHMENT OF RATES AND CHARGES FOR THE USE AND AVAILABILITY OF THE SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:52 p.m. and reconvened at 10:04 p.m. DISCUSSION ITEMS (CONTINUED) STAFF REPORT REGARDING WATER RATES The Director of Public Works briefly reviewed the 1990 water utility rates study. He noted City ordinances do not require the rates be considered at a public hearing. He noted the study recommends the City Council consider establishing rates for 1991, 1992, and 1993, and direct staff to conduct another rate study in 1993. He noted the rates being proposed will keep the City in the black until the year 2000. Councilmember Pedlar stated it troubles him that the City is constantly digging into the residents' pockets for more money. Councilmember Paulson noted although the City has the lowest water rates, they also have the poorest water quality. RESOLUTION NO. 90 -247 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. STAFF REPORT REGARDING SANITARY SEWER RATES The Director of Public Works briefly reviewed the 1990 sanitary sewer utility rates study. He noted City ordinances do not require the rates be considered at a public hearing. He noted the City recommends the Council consider establishing rates for the years 1991, 1992, and 1993, and direct staff to conduct another rate study in 1993. RESOLUTION NO. 90 -248 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. 11/19/90 -9- ADJOURNMENT There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:18 p.m. Pin t, Deputy City Cler Mayon 11/19/90 -10-