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HomeMy WebLinkAbout2009 03-09 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 MARCH 9, 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, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Diane Sannes, 7006 Willow Lane N, addressed the City Council and thanked them for their support of the Brooklyn Center Reads Program. She announced a Cinco de Mayo event is scheduled for May 5, 2009. Ms. Sannes expressed the pleasure she has had to work with the citizens and community while serving as Chair of the Brooklyn Center Centennial Celebration Committee. She stated she was overwhelmed at the good will that came forward from Brooklyn Center citizens while serving on the committee. Mr. Alan Hancock, 5520 Fremont Avenue N, addressed the City Council and expressed his disappointment in the Mayor's decision to remove the Chair of the Brooklyn Center Centennial Celebration Committee. He stated he was excited about working on the committee and cannot think of anyone else who is more motivated and upbeat about Brooklyn Center, as well as outgoing and an organizer. He stated his hope that the Mayor would reconsider his decision and give a better explanation to the committee on Wednesday as to why the Chair is being removed. He stated he will be removing himself from the committee without Diane Sannes serving as Chair. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION 03/09/09 -1- Mayor Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 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, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, 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 23, 2009 - Study Session 2. February 23, 2009 - Regular Session 3. February 23, 2009 - Work Session 6b. LICENSES MECHANICAL Cronstrom's Heating & A/C Fireside Hearth & Home Gorilla Heating & Air Northern Heating & Air Southtown Refrigeration Valley Quality Refrigeration Royalton Heating & Air St. Cloud Refrigeration RENTAL INITIAL 4806 Twin Lake Ave 5209 Xerxes Ave N 341262 "d Ave N 6437 Goodrich Ave, St. Louis Park 2700 Fairview Ave, Roseville 7416 Aspen Cove S, Cottage Grove 9431 Alpine Dr NW, Ramsey 6325 Sandburg Road, Suite 800, Golden 6237 Penn Ave S, Richfield 4120 85d' Ave N, Brooklyn Park 604 Lincoln Ave NE, St. Cloud Doug Wahl Chad Johnson Shadlyn Cox I 1 1 03/09/09 -2- 5325 70th Cir 5351 Irving Ave N 6924 Scott Ave N 3601 Woodbine La 6101 Xerxes Ave N Passed with Weather Deferral RENEWAL Evergreen Park Manor 7200-7224 Camden Ave N River Glen Apartments 407-607 70th Ave N 504-604 69th Ave N 6109-11-13 Beard Ave N 5245-47 Drew Ave N 5637-39 Girard Ave N Passed with Weather Deferral 5920 Ewing Ave N 2718 O'Henry Rd Passed with Weather Deferral 1 1 SIGN Nordquist Sign Co Spectrum Sign System Doug Wahl Doug Wahl Dennis DeBrobander Christina Kline Govan Singh Sean Bannerman Gary Brummer James & Bobbie Simons Sean Sander Earl & Evalyn Krueth Carl & Wendy Linder Wade Klick 312 West Lake Street, Minneapolis 2025 Gateway Circle, Suite 2, Centerville 6c. RESOLUTION NO. 2009-41 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2009-13, CONTRACT 2009-G, 2009 STREET SEAL COATING Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2009-42 EXPRESSING RECOGNITION AND APPRECIATION OF RACHEL LUND FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Mayor Willson recited Resolution No. 2009-42 expressing recognition and appreciation of Rachel Lund for her dedicated public service on the Planning Commission. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-42 Expressing Recognition and Appreciation of Rachel Lund for her Dedicated Public Service on the Planning Commission. Motion passed unanimously. 03/09/09 -3- 8. PUBLIC HEARING 8a. CONTINUATION OF PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR ALDRICH AREA NEIGHBORHOOD IMPROVEMENTS (XCEL ENERGY PROPERTY ONLY) Mr. Lillehaug provided background information regarding Xcel Energy's objection to the special assessment for Improvement Project Nos. 2009-01 & 02, Aldrich Area Neighborhood Street and Storm Drainage Improvements. He stated the purpose of the proposed resolution, which is to amend Levy Nos. 17343 and 17344 and 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. There was discussion on the methodology and determination that the Xcel Energy property would be equivalent to seven buildable R-1 lots. It was noted that the Xcel Energy property is classified as R-1. Councilmember Ryan moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. Mr. Chester Julin, 5815 Humboldt Avenue N, addressed the City Council and inquired why a utility company is holding residential property that could be developed commercially. Mr. LeFevere explained that the property is zoned as R-1. This zoning classification includes certain semi-commercial uses, one of which is power lines. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2009-43 AMENDING LEVY NOS. 17343 AND 17344 AND 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 Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2009-43 Amending Levy Nos. 17343 and 17344 and 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. Motion passed unanimously. 8b. PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 03/09/09 -4- Mr. Boganey stated the purpose of the proposed special assessments for delinquent public utility service accounts. He explained that all of the delinquent public utility service account owners have been notified of this public hearing, which is to provide the individuals an opportunity to come forward before the City Council to express if there is any reason why their particular delinquent account should not be assessed. Mr. Boganey provided information on payment options available for the special assessments. Councilmember Yelich moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mr. Tom Reed, 8897 105th Avenue, Coon Rapids, addressed the City Council and stated he is present to speak regarding the property located at 5543 Dupont Ave N. He stated he has not lived at this house since February of last year; the water was shut off, and they turned the keys back over to the bank in March of last year. The house is up for sale and should have gone through foreclosure. Mayor Willson explained if there are mitigating circumstances the property can be pulled from the resolution with staff directed to research the status of the property. Ms. Ahavel Scherz, addressed the City Council and stated she is present on behalf of the property she owns at 5649 Brooklyn Boulevard. She stated she received a fax from the previous holder of the contract for deed on the property saying she must be present for this hearing today in regards to unpaid fees. She stated she was never notified of any of the notices or warnings. She spoke to a couple staff members and they said there were notices sent out when City workers went out to remove diseased trees. It was noted that Ms. Scherz' property falls under the following public hearing, agenda item 8c. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. It was noted that the public hearing on the property located at 5543 Dupont Avenue should be continued if the Council will be requesting staff to research the status of the property. The motion to close the public hearing was withdrawn. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing for all properties with the exception of 5543 Dupont Avenue N, and to continue the Public Hearing for said property to the next City Council meeting with a report from staff. Motion passed unanimously. 1. RESOLUTION NO. 2009-44 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 03/09/09 -5- Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2009-44 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls, with the removal of 5543 Dupont Avenue N, for continuance to the next City Council meeting. Motion passed unanimously. 8c. PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT ABATEMENT COSTS Mr. Boganey stated the purpose of the public hearing on proposed special assessments for diseased tree removal costs, delinquent weed removal costs, and delinquent abatement costs. He advised on staff's recommendation that the City Council open the subject public hearings and continue the public hearing until April 13, 2009 to meet state statute requirements on public notification. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Ms. Michelle Nelson, 5926 Camden Avenue N, addressed the City Council and stated she received a notice in September letting them know they needed to take care of their grass. They took care of the grass and trees by October I st. The City states that on October 2°d they sent people out to take care of it, but it had already been done. She received a bill in the mail later in October. She called the City the next day and informed them of her confusion about receiving the bill since they took care of the work personally. Ms. Nelson stated she works two to three jobs most of the time and she takes care of her responsibilities. She feels this was a very unfair assessment because the City did not do the work. Her daughter has been home on short term disability and would have been home when they said they were there to do the work, and she did not see anyone. Ms. Mila Balais, 6419 Kyle Avenue N, addressed the City Council and stated she received notice for an assessment for noxious weed removal, but she did not own the property at that time. Mr. James Berry stated the sellers were to pay all costs against the property. He called the City to see if there was anything against the property before that closing date and there was nothing; now Ms. Balais has received this letter. He stated it was a foreclosed property and they cut the grass and cleaned it all up themselves the first few days they were there. He and his wife co- signed for the home for Ms. Balais whose hours have been cut down to eight hours per week, and they are making the mortgage payments for her. There was discussion on whether there is an ability to identify the date of the abatement on the notification letters. Mr. Boganey explained this would take quite a bit of staff time to include on each notice; it could be done, but it would be expensive. The notification letters include a contact 03/09/09 -6- phone number and that information is available in the office. He noted that for 99% of the cases the individuals who receive the notices of this hearing are the individuals who receive the notices about the cutting that needs to be done; they are given advance notice before the City cuts the grass and another notice after the grass is cut. For 95% to 99% there is no issue about the date; this type of situation is a rare case. This information will be presented to Council on the properties that are referred to staff. Mr. Greg Waataja, 6007 Dupont Avenue N, addressed the City Council and stated he purchased this house in August. Since that time he has done a lot of grass and tree removal work. He never received anything from the City saying he needed to get this done and now he is being assessed money. His certified letter is the first he heard about this. Ms. Ahavel Scherz addressed the City Council and stated she is present on behalf of the property she owns at 5649 Brooklyn Boulevard. She did not receive any notices for whatever action has taken place; if she had received them she would have attempted to take care of it. She pays someone to upkeep the property and was told by neighbors that someone of that appearance was there. The fax transmittal she has received regarding this public hearing shows that she did not receive any previous notification. Ms. Scherz stated as for the tree, prior to the City going out there to remove the diseased tree she contacted North Star Tree Care about how much it would cost to bring down the tree and take care of the weeds. The project was scheduled and she was then hospitalized, and following her hospitalization found that the tree had been taken out. The cost she was quoted to remove ten trees was a lot less than what the City is charging her to remove one tree. She stated she did not just abandon the property; she does her best to come down, and if she is unable to do so herself she sends someone else out. She does not believe she should be assessed the costs. Mr. Boganey verified with Ms. Scherz that the notification she received regarding tonight's public hearing was addressed to the previous contract-for-deed buyer and that she did not receive any notifications during the year directly from the City regarding any of these issues. Mr. Tom Reed, 8897 105'h Avenue, Coon Rapids, addressed the City Council and stated he is present to speak regarding the property located at 5543 Dupont Ave N. He stated he was assessed for weeds. He cut the lawn a couple of times and the third time he received the notification letter. He stated he was assessed $219 just to cut the grass. Mr. LeFevere verified with Mr. Reed that he turned the keys for the subject property over to the bank the first week of March 2008. Mr. Reed stated that the weed removal was done in September of 2008 and the utilities were assessed right after that. He has not heard anything from his bank but he knows that the house was up for sheriff's sale. Mr. Chester Julin, 5815 Humboldt Avenue N, addressed the City Council and stated they were assessed a charge for cutting grass on the property on July 12, 2009. At that time Wells Fargo owned the property; they purchased it on July 21 sc Mr. Joel Hanson, 5949 Xerxes Avenue N, addressed the City Council and stated he is an investor and the property is currently rental property. He stated there are a couple of issues with this. 03/09/09 -7- First, he received notice on the 26th that the City had done some work at the property. On the 29th his property manager sent a fax requesting an extension due to illness and received no response. On November 13th she paid by check and received no further notification until receiving notice to attend this meeting. As of February 28th the check had not cleared. Mr. Hanson stated the notification letter states that it was observed by City staff that the property needed weed cutting. He questioned if it is the job of City staff to patrol his property. Mayor Willson stated there is code enforcement staff that looks at the properties in the City. They will often knock on the door of the property and discuss why they are there and what their opinion is of violations. Mr. Hanson stated his property manager informed him that there had been someone at the property cutting the grass on the date it is stated that the work was done. The City people said they were there to pull the weeds but left because the person there said they were going to cut them. He questioned why he is being charged for weed pulling that was not done. He stated they have been told by prospective tenants that this property is the nicest place they have looked at. He stated when he rented to people of a certain race they did not seem to have problems and when he rents to other races they seem to run into staff looking at their property and scrutinizing more closely. Mr. Boganey noted that Mr. Hanson likely received a notice about this public hearing because the check that was submitted to the City has not been deposited. He indicated staff will check the records to see if the City has received the check. Ms. Jo Roberts, business owner of Link Associates located at 5400 France Avenue N, addressed the City Council and stated Brooklyn Center is a soft spot for her, which is why she established their business here. She was raised here and shares the concerns for the people. Her business works with investors. She shares the opinion about banks and mortgage companies not doing their jobs fully and efficiently. She stated she would like to know if there is something her business can do to help in this area. She is used to working with a lot of different people from the community. She is willing to put a program together or tag on to a program. She stated her company offers a lot of services for free. They have volunteers that do things like grass cutting and they can help with some of the costs. They want to give back to the community. It was suggested that Ms. Roberts' company may be able to partner with volunteer organizations that are engaged in some of these services. Mr. Boganey indicated staff will likely contact Ms. Roberts shortly regarding the services of her company. Mr. Paul Baird, 5308 Lilac Drive N, addressed the City Council and stated he owns four other rental properties in the suburbs of Minneapolis in addition to this rental property. He received a citation on noxious grass/weeds. He stated they have kept up the property very well and have spent $15,000 to $20,000 on the property in the past 1 t/2 years. As a property owner/investor, they have been trying to keep the doors open in this area and keep it up the best they know how to do. Mr. Baird stated his position that there should be a liaison to conduct due diligence and contact someone about this type of situation. When he received the notice on this property it was towards the end of the timeframe, he scrambled the crew they had to get there, they did it 03/09/09 -8- themselves, and he still received a fine. He stated there should be some other method of due diligence before hitting properties with $145 for cutting the lawn. He did not hear anything from his tenant on this. The yard is never overgrown or a public nuisance. Mr. Boganey suggested if the Council determines to request staff to conduct further review on any of the properties that have been represented tonight, that property owners with further documented substantiation for their case call the phone number listed on their notification letter and arrange to drop the information off at City Hall at their earliest convenience. Mr. LeFevere suggested property owners that do not live at the property address that was assessed provide staff with the current phone number, email address and contact information. Providing this information to staff prior to leaving the meeting tonight would help facilitate the process. Ms. Nelson, 5926 Camden Avenue N, reiterated her concerns regarding the assessment on her property. She stated she did not take a picture of her property after she cut it and does not know that she can provide proof that she did the work. Mr. Baird, 5308 Lilac Drive N, reiterated his concerns and stated his position that the City should look into properties to see if there is a background on complaints. If the property owners will be in a judgment situation it is the City's responsibility to consider mitigating circumstances. Mr. LeFevere stated some of the comments that have been made tonight suggest there may be misunderstandings about this process. Diseased tree removal and long grass is defined in City Code as a nuisance situation, which it is the responsibility of the landowner to take care of. Property owners that do not take care of this can be charged criminally; that is not what is happening tonight, this is only addressing a special charge to abate the nuisance when the landowner or landowner representative fails to do it. If the City taxpayer incurs the expense for cutting the grass this is the process that is gone through. It would not be legal for the City to try to recover fines and penalties; it is simply to recover costs that the City has incurred. Mr. LeFevere commented there have been property owners that have stated they completed the work themselves. It should be noted that if the work is not completed by the deadline and there is a re- inspection, there is a fixed charge for going to the property. Even though the lawn has been cut there still may be a charge that the City incurred. Ms. Nelson, 5926 Camden Avenue N, questioned if the notification received on the work to be done refers to ten business days or ten calendar days. She stated the notice was received by her after September 22°d and the property was supposedly cut on October 2nd according to the City. Mr. LeFevere replied unless the letter states business days it would generally refer to calendar days. Ms. Nelson stated when dealing with most businesses or cities they go by business days. This may be something to be considered on the revision of the notification letter going forward. She stated she had the work done before the ten business days were up. 1 03/09/09 -9- Councilmember Yelich moved and Councilmember Lasman seconded to continue the Public Hearing to April 13, 2009. Motion passed unanimously. Mr. Boganey indicated that a report will be provided on each of the properties that were represented tonight. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT TO HOUSING COMMISSION Mayor Willson announced the Mayoral appointment of James Richards to the Housing Commission with a term expiring December 31, 2011. Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral appointment of James Richards to the Housing Commission with a term expiring December 31, 2011. Motion passed unanimously. 10b. RESOLUTION NO. 2009-45 APPROVING AND AUTHORIZING EXECUTION OF COST SHARING AGREEMENT WITH THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION FOR THE WETLAND 639W RESTORATION FEASIBILITY STUDY Mr. Lillehaug provided a brief overview of the proposed Wetland 639W Restoration Feasibility Study and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-45 Approving and Authorizing Execution of Cost Sharing Agreement with the Shingle Creek Watershed Management Commission for the Wetland 639W Restoration Feasibility Study. Motion passed unanimously. 10c. RESOLUTION NO. 2009-46 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2009-01, -02, -03, AND -04, ALDRICH AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 03/09/09 -10- Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-46 Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2009-01, -02, -03, and -04, Aldrich Area Neighborhood Street and Utility Improvements. Councilmember Yelich stated his support of the subject improvement projects due to the high priority of maintaining the City's infrastructure. He noted the issue was raised of whether it is appropriate to impose financial burdens on residents in terms of assessments at this time. He stated his position that not moving forward with this project would be unfair to residents assessed for existing and previous projects, as well as future projects. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following events: ■ Reading to students at Evergreen Elementary in celebration of Read Across America and Dr. Suess' birthday. ■ March P Brooklyn Center Reads Event at Brookdale Mall. Councilmember Lasman reported on her attendance at the February 28, 2009, City Council/Department Head Goal Setting Retreat. Councilmember Roche reported on the following: ■ His attendance reading to students at Evergreen Elementary in celebration of Read Across America and Dr. Suess' birthday. • His attendance at the February 28, 2009, City Council/Department Head Goal Setting Retreat. He has a copy of the highlights of the St. Louis Park Comprehensive Plan that is available for reference to staff and Council. He began garbage pickup at Evergreen Park. Councilmember Ryan reported on his attendance at the following events: ■ February 28, 2009, City Council/Department Head Goal Setting Retreat. ■ March 3, 2009, Brooklyn Center Reads Event at Brookdale Mall. Mayor Willson reported on his attendance at the following events: • February 25, 2009, Centennial Celebration Committee Meeting. ■ February 27, 2009, reading to students at Evergreen Elementary. ■ February 28, 2009, City Council/Department Head Goal Setting Retreat. ■ A discussion with Commissioner Opat on the impact of legislation and LGA on the City of Brooklyn Center. 1 03/09/09 -11- Councilmember Lasman portrayed a piece of art depicting different currency bills that was presented by the Riverwood Neighborhood Association to commemorate the City's 98th birthday. She stated it will be hung with pride at City Hall. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:55 p.m. Motion passed unanimously. 1 1 03/09/09 -12- 1 1 STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF BROOKLYN CENTER) ss. Certification of Minutes 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 March 9, 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 23, 2009, Regular Session. City Clerk Mayor 03/09/09 -13-