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HomeMy WebLinkAbout2009 02-23 CCM Regular SessionMINUTES 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 FEBRUARY 23, 2009 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Community Development Specialist Tom Bublitz, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION The Invocation was provided. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development 02/23/09 -1- Director Gary Eitel, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 9, 2009 - Study Session 2. February 9, 2009 - Regular Session 3. February 9, 2009 - Work Session 6b. LICENSES MECHANICAL Air-It Indoor Comfort Park Air Mechanical B & D Plbg, Htg Centraire Htg A/C Corporate Mechanical Custom Refrigerator Valley Faircon Service Co Fore Mechanical Services Gilbert Mechanical Harris Companies Jay Hawk Mechanical McDowall Company Metropolitan Mech Cont Prairie NewMech Pierce Refrigeration Riccar Htg Ron's Mechanical Sharp Htg & Air Standard Htg Team Mechanical Total Comfort 10524 Quebec Ave N, Brooklyn 16411 Aberdeen St, Ham Lake 4145 MacKenzie Ct, St. Michael 7402 Washington Ave, Eden Prairie 5114 Hillsboro Ave N, New Hope 664 Mendelssohn Ave N, Golden 2560 Kasota Ave, St. Paul 3520 88th Ave NE, Circle Pines 4451 West 76`" St, Edina 909 Montreal Circle, St. Paul 3301 N 2nd St, Minneapolis PO Box 1244, St. Cloud 7340 Washington Ave So, Eden 1633 Eustis St, St. Paul 19202 nd Ave, Anoka 2387 Station Pwky, Andover 12010 Old Brick Yd, Shakopee 7221 University Ave NE, Fridley 410 West Lake St, Minneapolis 3508 Snelling Ave So, Minneapolis 4000 Winnetka Ave, New Hope 1 1 1 02/23/09 -2- RENTAL INITIAL 420763 d Ave N 311365 1h Ave N 5412 70th Cir 6435 Bryan Ave N The owner has signed a weather deferral agreement for the retaining walls out front on both sides of the driveway. 6518 Chowen Ave N 02/12/09 Letter sent with weather deferral agreement form. 6813 Humboldt Ave N B303 6012 Kyle Ave N 6930 Newton Ave N 7007 Newton Ave N Everything completed besides garage orders. 02/10/09 Sent out weather deferral agreement letter. 6530 Orchard Ave N 6542 Riverwood La 1 RENEWAL Sommerset Place Apartments 5301-05 Russell Ave N 4216 Lakebreeze Ave 5547 Lyndale Ave N 5440-42 Humboldt Ave N 1304 68th Ln 6718 Colfax Ave N 5548 Girard Ave N 5818 Humboldt Ave N SIGN Martin Sign Scenic Sign Corporation Topline Advertising 1 Motion passed unanimously. Alexander and Sarah Topoh Ting Sui Zheng Juan Carrion Thomas Kaiser Jared Lundgren Michael Gudejko James Hager Desra Olheiser Ting Sui Zheng Kevin Opsahl Steven and Chau Laux Nedzad Ceric Ita Ekah Dragon Property Management Chad Kulzer Samuel Holloway Ken Fountain Berisso Bekuto Richard Olson 1421223 d Ave N, Plymouth PO Box 881, St. Cloud 11775 Justen Circle, Maple Grove 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 02/23/09 -3- 8. PUBLIC HEARING 8a. PROPOSED USE OF 2009 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. Bublitz provided an overview of the proposed use of 2009 Community Development Block Grant (CDBG) Funds. Councilmember Ryan moved and Councilmember Roche seconded to open the Public Hearing. Motion passed unanimously. Mr. Michael Vraa, Homeline Managing Attorney, addressed the City Council and stated he is present for questions. Mr. Boganey inquired whether Homeline will likely focus the CDBG funds in one area over another due to the recommended amount being half of the $7,000 request. Mr. Vraa replied Homeline has been providing services for about 17 years without receiving CDBG funds. They have been working with City staff to determine a way to partner better. The services Homeline promised to provide for the $7,000 request will still be provided with $3,500 in funding. There was discussion on the services provided by Homeline and the organization's existing funding sources. Ms. Deb Taylor, Chief Operation Officer of Senior Community Services (SCS), addressed the City Council and stated SCS has been in business for nearly 60 years. She thanked the Council for the partnership that has been in place for 15 years and reviewed the services provided by SCS. Ms. Jamie Bradley, Community Emergency Assistance Program (CEAP), addressed the City Council and thanked them for the City's continued support. She stated it is tough to receive a bit of a cut. They have begun the process of trying to find the funding they are losing and the services will continue to be provided to all residents of Brooklyn Center. Mr. Bublitz advised that public comments should be requested on the reallocation of 2008 CDBG funds to the Home Rehabilitation Program to fund the CDBG code enforcement activity. Mayor Willson invited public comments on the reallocation of 2008 CDBG funds to the Home Rehabilitation Program to fund the CDBG code enforcement activity. There were no comments. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1 02/23/09 -4- 1. RESOLUTION NO. 2009-37 APPROVING PROJECTED USE OF FUNDS FOR 2009 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS AND APPROVING AMENDMENT TO 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-37 Approving Projected Use of Funds for 2009 Urban Hennepin County Community Development Block Grant Program, Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements and Approving Amendment to 2008 Community Development Block Grant Program. The individuals involved in the above organizations were commended for their work. Motion passed unanimously. 8b. 2009 RESIDENTIAL AREA NEIGHBORHOOD IMPROVEMENTS (ALDRICH AREA) Mr. Boganey introduced the item. Mr. Lillehaug provided an overview of the 2009 Residential Aldrich Area Neighborhood Improvements and the proposed special assessments for Improvement Project Nos. 2009-01 and 02, Aldrich Area Neighborhood Street and Strom Drainage Improvements to the Hennepin County Tax Rolls. He noted the receipt of a letter from Xcel Energy dated February 19, 2009, objecting to the proposed special assessments for Xcel Energy property located in the Aldrich Area Neighborhood. He advised on staff's recommendation that the City Council continue the hearing for this property to allow staff to discuss the assessments with Xcel Energy and report back to the Council. There was discussion on the following in relation to the proposed street and utility improvements: ■ Life expectancy of replacement pipes. ■ Prioritization of the project due to the condition of the sanitary sewer. ■ Increasing root intrusion in sanitary sewer pipes in the project area. Proposed installation of a new storm sewer and water quality treatment system. ■ Possible citizen involvement with the rain garden proposed to be incorporated into the catch basin filtration system. 1. RESOLUTION NO. 2009-38 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2009-01, 02, 03, AND 04, ALDRICH AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Councilmember Yelich moved and Councilmember Lasman seconded to open the Public Hearing. 02/23/09 -5- Motion passed unanimously. Mr. Scott Johnson, Xcel Energy Manager of Community and Local Government Relations, addressed the City Council and stated Xcel Energy submitted a letter opposing the assessments and he is looking forward to working with staff to resolve the issues. Councilmember Ryan requested consideration by Xcel Energy of concern expressed by residents regarding the green space in the power line transmission right-of-way that has not been mowed. Mr. Johnson indicated he will contact Xcel Energy Vegetation Management Staff to ensure that mowing is scheduled in a timely manner. Mr. John Kelley, 5759 Bryant Avenue N, addressed the City Council and stated his concerns regarding the proposed special assessments. He expressed concern about the cost of the assessments and stated his wife is unable to work due to illness and he has been downsized. He stated in their neighborhood they have counted at least six houses that are in foreclosure; he and his wife are just barely making it themselves. He questioned if this is the proper time for this with the down economy and people struggling. It was noted that the improvement project is part of a 30-year plan. It was suggested that Mr. Kelley contact staff regarding payment options that could make the cost less of a hardship. Mr. Kelley stated the assessment notice mentions hardships but does not say what agencies to contact or who to speak with. Mr. Boganey indicated staff will contact Mr. Kelley and explain how the hardship provision works and to whom it applies. Ms. Diane Gjestvang, 5815 Camden Avenue N, addressed the City Council and stated there are three empty homes in her neighborhood, as well as a renter across from her that is renting a vacant place. She stated there are people on her street in the same situation as Mr. Kelley and asked if there is some type of assistance available that could be made more public. It was noted that vacant houses are assessed to the property owner and that information on assistance programs was included in the assessment letters that were sent out. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-38 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2009-01, 02, 03, and 04, Aldrich Area Neighborhood Street, Storm Drainage and Utility Improvements. There was discussion on the importance of moving forward with the street improvement program. It was noted that the project addresses needed improvements to the underlying infrastructure. In relation to the economy, the project will provide employment to those working on the project. In addition, completing the necessary infrastructure improvements saves the 02/23/09 -6- 1 1 1 taxpayers' money because there are increased costs every time crews are required to conduct infrastructure repairs. Motion passed unanimously. 2. RESOLUTION NO. 2009-39 CERTIFYING IMPROVEMENT PROJECT NOS. 2009-01 NEIGHBORHOOD STREET AND STORM TO THE HENNEPIN COUNTY TAX ROLLS Mr. Boganey stated the purpose of the proposed resolution. He indicated the City had received a written objection to the assessment by Xcel Energy. Staff recommends that the Xcel Energy property be removed from the certification of special assessments this evening, and that the hearing on this property be continued. If there are other objections to the assessment it would be appropriate for them to come forward and state their objection to the assessment prior to the City Council's certification of the assessment role. Councilmember Yelich moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mr. John Kelley, 5759 Bryant Avenue N, addressed the City Council and stated his objection to the proposed assessment on his property. Mr. LeFevere advised that the purpose of continuing the public hearing on a certain property is to avoid possible mistakes if the Council believes additional information is needed. It may not be appropriate to continue the public hearing if nothing is presented to the Council that suggests that further investigation will provide a different result because there is nothing unique about the property. In the case of the NSP property, staff has recommended that they think further discussion is appropriate. As to anyone else who objects, the question really is whether further investigation is likely to result in a different position because there is something unique about the property. Staff was asked whether there is anything that would indicate that Mr. Kelley's property would be unique. Mr. Lillehaug replied there is not. He explained there is not necessarily a hardship clause option for everyone; it really pertains to seniors who have certain limitations on their income and some other elements. There may be other programs that individual property owners can work through to help them pay their mortgage and to pay this special assessment in their taxes; however, he is not aware of other programs that would assist in paying this assessment. To the point of whether there are elements that would change the special assessment for this property, his opinion would be no. Mr. Boganey concurred. He stated unless the property owner himself is aware of something unique or special about this property or the assessment as it relates to the property, he is not aware of anything that would lead staff to a different conclusion. SPECIAL ASSESSMENTS FOR AND 2009-02, ALDRICH AREA DRAINAGE IMPROVEMENTS 02/23/09 -7- Mr, LeFevere explained that the statutory authority for deferral of the assessment includes senior citizens, those retired due to disability, and certain military personnel on active duty. This would happen outside of this process with an application to have the assessment deferred. Mr. Kelly reiterated his concern regarding the drain the special assessment will put on trying to pay the mortgage and keep the bills paid. He questioned if the assessment amounts will increase due to the number of foreclosures in the neighborhood. Mayor Willson explained that the foreclosed properties are owned by the banks and the assessment will go on the tax rolls. At some point the foreclosed properties will be sold and there will need to be a reconciliation of the taxes. Mr. LeFevere explained the assessment does not become immediately due and payable. It is payable over 10 years with the first installment due in 2010. Ms. Amy Carlson, 625 59`h Avenue N, addressed the City Council and asked if the assessment of the residential properties will increase if the Xcel Energy property is determined to be exempt from the assessment. Mr. Lillehaug replied that the assessment rate proposed for the residential properties will not change based on the Xcel Energy assessment. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing for all properties with the exception of Xcel Energy's property and to continue the Public Hearing for said property to the next City Council meeting. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-39 Certifying Special Assessments for Improvement Project Nos. 2009-01 and 2009- 02, Aldrich Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls, with the removal of the Xcel Energy portion, parcel 22, for continuance to the next City Council meeting. It was noted that any realized savings in the project cost resulting if bids on the project were to come in under the estimate would not be reflected in the assessments. If the bids were to come in below what is expected it will benefit the sewer fund, lighting fund, general fund, and other funds. However, if the bids were to come in higher than expected those funds would be required to pick up the difference and the assessment amounts are not increased. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None, 10. COUNCIL CONSIDERATION ITEMS 1 02/23/09 -8- 10a, RESOLUTION NO. 2009-40 OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2009. Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that waiving the limited tort liability for 2009 would result in requiring additional insurance in the amount of approximately $8,000 per year in additional premiums. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-40 Opting Not to Waive Limited Tort Liability for 2009. Motion passed unanimously, 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the Park and Recreation Commission meeting. The Commission reviewed the City's Comprehensive Plan and provided its input. The Commission also made plans for meeting with the residents in the Evergreen Park neighborhood to address their concerns. Councilmember Lasman announced there will be a youth/police face-to-face event for the youth and police to learn about each other and talk about issues in the community on Friday, February 27, 2009, at the Brooklyn Center Community Center in Constitution Hall from 6 to 9 p,m. Councilmember Roche reported on his attendance at the following events: ■ February 10, 2009, meeting with the Hennepin County Brookdale Library. The library has accepted the opportunity to sit on the Earle Brown Days Board. ■ Planning Commission meeting. The Commission reviewed the City's Comprehensive Plan. There was discussion on Luther Automotive's plans to move forward with development. ■ February 14, 2009, Neighborhood Watch Captain Training at the Brooklyn Center Police Department. ■ Housing Commission meeting. The Commission reviewed the City's Comprehensive Plan, the Community Development Block Grant Program and discussed the 1985 Maxfield Report. ■ Earle Brown Days. ■ Northwest Cable Television / Northwest Suburbs Cable Communications Commission meeting, Councilmember Ryan reported on his attendance at the following events:. ■ February 14, 2009, Neighborhood Watch Captain Training at the Brooklyn Center Police Department. He urged residents that do not have a neighborhood watch program to contact the Police Department about forming a group. 02/23/09 -9- ■ February 19, 2009, Burglary Prevention Workshop at the Brooklyn Center Police Department. ■ February 21 and 22, 2009, League of Minnesota training for elected officials. Mayor Willson announced the upcoming Brooklyn Center Reads Event on Tuesday, March 3, 2009, 6:30 to 7:30 p.m. at the food court entrance at Brookdale Mall. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:30 p.m. Motion passed unanimously. 1 1 02/23/09 -10- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on February 23, 2009. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its March 9, 2009, Regular Session. i City Clerk 1 1 Mayor 02/23/09 -11-