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HomeMy WebLinkAbout2009 04-13 CCM Regular Session1 1 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 APRIL 13, 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, Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION 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 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Yelich. Also present were Dan Jordet, Public Works 04/13/09 Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark City Manager Curt Boganey, Director of Fiscal & Support Services Director/City Engineer Steve Lillehaug, Director of Business and -1- Development Gary Eitel, Police Chief Scott Bechthold, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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, as amended, with corrections to the Regular Session minutes of March 23, 2009, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 23, 2009 - Study Session 2. March 23, 2009 - Regular Session 3. March 23, 2009 - Work Session 6b. LICENSES LIQUOR - CLASS D ON-SALE INTOXICATING AND SUNDAY Embassy Suites 6300 Earle Brown Drive MECHANICAL Assured Htg, AC Centerpoint Energy Howell Heating Kevin's Htg & Cooling Master Mechanical, Inc. River City Sheet Metal Sedgwick Htg & AC Wenzel Htg & Air Yale Mechanical RENTAL INITIAL 3707 61 st Ave N 2819 64th Ave N 6031 Colfax Ave N 6806 Drew Ave N Passed with Weather Deferral 5120 Ewing Ave N 5737 Girard Ave N 5547 Humboldt Ave N Passed with Weather Deferral 334 Dean Avenue E, Champlin 9320 Evergreen Blvd, Coon Rapids 21303 Pomroy Avenue N, Scandia 6474 20th Avenue S, Hugo 1027 Gemini Road, Eagan 8290 Main Street NE, Fridley 8910 Wentworth Avenue S, Minneapolis 4145 Sibley Memorial Highway, Eagan 9649 Girard Avenue S, Minneapolis Doug Wahl Amanda Syhaketh J Thomas Equities LLC Thomas Davidson David Buth Michelle Rae Robins Gaoqiang Liu I 1 1 04/13/09 -2- 6765 Humboldt Ave N Moeen Masood & Shehla Alavi 6325 Kyle Ave N Rebeca Merdan 7025 Logan Ave N Justin McGinty 6412 Major Ave N Jared Lundgren 7030 Regent Ave N Doug Wahl RENEWAL 7206-12 West River Rd Jason Ingbretson 5124 65`" Ave N Joseph Okrakene 6234 Brooklyn Blvd Thomas Johnson 6613 Camden Dr Mark One Resources LLC 5200 Drew Ave N Morris Matthews 5548 Dupont Ave N John Lindahl 7211 Girard Ave N Tommy Vang 5344 Twin Lake Blvd E Takasi Sibuya 4519 Woodbine La Benson Vang SIGN HANGER Express Signs 19320 Yukon Street NW, Cedar 6c. RESOLUTION NO. 2009-50 DESIGNATING 2009 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES 6d. RESOLUTION NO. 2009-51 AUTHORIZING THE PURCHASE OF ONE STREET SWEEPER AND TWO DUMP TRUCKS WITH ACCESSORIES 6e. RESOLUTION NO. 2009-52 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008-003 SUBMITTED BY THE LUTHER COMPANY LLLP, AMENDING AND SUPERSEDING RESOLUTION NO. 2008-80 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PRESENTATION BY HENNEPIN COUNTY SHERIFF RICHARD STANEK Hennepin County Sheriff Richard Stanek provided a presentation on the services provided by the Hennepin County Sheriff's Department. 7b. RESOLUTION NO. 2009-53 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE SEVENTEENTH CONSECUTIVE YEAR, AND A PROCLAMATION DECLARING APRIL 24, 2009, ARBOR DAY AND MAY 2009 ARBOR MONTH IN BROOKLYN CENTER 04/13/09 -3- Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Roche seconded approval of RESOLUTION NO. 2009-53 Recognizing the Designation of Brooklyn Center as a Tree City USA for the Seventeenth Consecutive Year. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded approval of a Proclamation Declaring April 24, 2009, Arbor Day and May 2009 Arbor Month in Brooklyn Center. Motion passed unanimously. 7c. PRESENTATION BY WATERSHED COMMISSIONER DELLA YOUNG Ms. Della Young provided information on the Great Shingle Creek Watershed Cleanup Week. She requested participation from the City in the cleanup event scheduled for Saturday, April 25, 2009. The event starts at the Brooklyn Center Community Center where information will be distributed on the designated areas for cleanup. Brooklyn Center City officials, commissioners and employees will be handing out pastries, trash bags, and gloves to volunteers. 1. PROCLAMATION DECLARING APRIL 18-25, 2009, AS THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK Councilmember Yelich moved and Councilmember Ryan seconded to approve a Proclamation Declaring April 18-25, 2009, as the Great Single Creek Watershed Cleanup Week. Motion passed unanimously. 2. PROCLAMATION DECLARING APRIL 22, 2009, AS EARTH DAY IN BROOKLYN CENTER Councilmember Ryan moved and Councilmember Roche seconded to approve a Proclamation Declaring April 22, 2009, as Earth Day in Brooklyn Center. Motion passed unanimously. Mr. Boganey stated the Sons of the American Legion will be providing a $200 contribution that will be used to cover food and beverages for those that participate in the event. 8. PUBLIC HEARING 8a. CONTINUATION OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT ABATEMENT COSTS 04/13/09 -4- Mr. Boganey introduced the item and stated this is the continuation of a public hearing that was called on March 9, 2009, to consider certification of proposed special assessments. At the March 9, 2009, Public Hearing several individuals brought forward issues with respect to special assessments being applied against the properties in question. The Council has received a report in response to each of the property owners that came forward with questions about assessments at the March 9`" Public Hearing. Mr. Boganey stated the Council has been provided with a revised list of special assessments due to some of the individuals paying the unpaid amounts prior to tonight's meeting. Staff recommends that the Council conduct a single Public Hearing on the proposed special assessments. Following the Public Hearing, it is requested that the Council consider adopting the individual resolutions related to these particular issues. Councilmember Yelich moved and Councilmember Ryan seconded to open the continued Public Hearing. Motion passed unanimously. Mr. Tom Reed, 5543 Dupont Avenue N, addressed the City Council and stated he no longer lives at this address. He called the bank and they said the property was repossessed but could not tell him the date. The assessment is on the grass cutting and the City water bill and he has received another bill from the City stating the amount of money that needs to be paid. He stated they do not even have the keys to the house. He was notified by the company replacing the meters for electronic readings and he informed them that they no longer live there. He stated he does not know how to resolve the problem and that TCF should end up paying the charges. Ms. Hilda Herrera Garcia, 3506 53`d Avenue N, addressed the City Council and stated she has a big tree in her front yard that is diseased. The inspector said she has to pay $1,500 and they will remove the tree and also said someone at her house could do it. Her husband and nephew tried to do it and they took almost the whole tree down, but they do not have the tools to remove the base of the tree. The inspector came the next day and said they would have to take down the rest of the tree. She stated they do not have money to pay this, but the inspector told them there is a special program. She expressed concern that the letter she has received states that they need to pay by tomorrow, and that they would like more time because they do not have the money. Mr. Boganey reviewed the letter referred to by Ms. Garcia. He explained the letter states if payment is not made by a certain date that interest is applied. The policy with tree removal is that payment can be made in full to avoid interest or it can be paid over five years in equal installments. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Mr. LeFevere explained in Mr. Reed's case it is being proposed that the unpaid charges will be turned over for collection with the taxes. This is not Mr. Reed's problem unless he still has ' obligations to the bank under his contractual agreement with them. No proposal is being made to pursue the special assessment as a personal obligation. In regards to the property on 53` Avenue, 04/13/09 -5- from what he has seen in the past, the contracts the City has for tree removal prices the removal on the diameter of the tree that is a certain height above ground. If a landowner takes the smaller branches off the top it may not save them any money. The landowner would likely need to complete all of the work or pay the bill. Mayor Willson noted this is a public relations type of thing the City should do by informing the landowner about the costs. In this case the City has incurred the expense with the contractor. It was noted that well over 50% of the special assessments are to mortgage companies and banks, rather than to individuals. 1. RESOLUTION NO. 2009-54 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009-54 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2. RESOLUTION NO. 2009-55 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-55 Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 3. RESOLUTION NO. 2009-56 CERTIFYING SPECIAL ASSESSMENTS FOR ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-56 Certifying Special Assessments for Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 1 04/13/09 -6- 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT TO PLANNING COMMISSION Mayor Willson announced the appointment of Carlos Morgan to the Planning Commission with a term expiring December 31, 2009. Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral appointment of Carlos Morgan to the Planning Commission with a term expiring December 31, 2009. Motion passed unanimously. 10b. RESOLUTION NO. 2009-57 REMOVING CERTIFIED ASSESSMENT FROM MARCH 9, 2009, UNPAID UTILITY CHARGES ASSESSMENT ROLL Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that the new meter reading system should alleviate the problem resulting from estimates that are needed when residents do not send in their water meter reading cards. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-57 Removing Certified Assessment from March 9, 2009, Unpaid Utility Charges Assessment Roll. Motion passed unanimously. 10c. RESOLUTION NO. 2009-58 AMENDING THE CAPITAL IMPROVEMENT PROGRAM FOR THE YEARS 2009 THROUGH 2023 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that the City is being proactive by making this project shovel ready for possible stimulus funds. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-58 Amending the Capital Improvement Program for the Years 2009 through 2023. Motion passed unanimously. 10d. RESOLUTION NO. 2009-59 ACCEPTING THE EXECUTIVE SUMMARY FROM DONALD SALVERDA AND ASSOCIATES FROM THE CITY OF BROOKLYN CENTER CITY COUNCIL AND DEPARTMENT HEADS 2009 LEADERSHIP PLANNING AND TEAM BUILDING RETREAT AND ADOPTING A MISSION 04/13/09 -7- STATEMENT, VALUES STATEMENT, AND GOALS PROGRAM Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-59 Accepting the Executive Summary from Donald Salverda and Associates from the City of Brooklyn Center City Council and Department Heads 2009 Leadership Planning and Team Building Retreat and Adopting a Mission Statement, Values Statement, and Goals Program. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on the following: ■ His attendance at the April 4, 2009, Northwest Suburban Remodeling Fair. The City of Brooklyn Center was represented in terms of home safety. ■ A joint meeting with the MPCA and the City of Brooklyn Center regarding 57th and Logan Avenues groundwater issues is scheduled for April 16, 2009, at 6:00 p.m. at the Earle Brown Heritage Center. Councilmember Lasman reported on her attendance at the following events: ■ March 25, 2009, Local Board of Appeal and Equalization training. It is mandatory that the City have at least one Council Member who has taken this training before the Board of Appeal and Equalization begins. There are now three members on the Council that are board certified. ■ April 9, 2009, North Hennepin Area Chamber of Commerce membership luncheon, which included a virtual tour of the new Twins baseball stadium. Councilmember Roche reported on the following: ■ His attendance at the March 26, 2009, Cultural Awareness Workshop at the Brooklyn Center Police Station, which covered cultural nuances for Hmong, Liberian, and Hispanic individuals living in Brooklyn Center. ■ His attendance at a meeting at Cross of Glory Lutheran Church to reach out to the individuals in the area relative to the man who was beaten in Brooklyn Center a couple of weeks ago. The meeting was followed up by a March 31, 2009, neighborhood meeting at Cross of Glory Lutheran Church sponsored by the Brooklyn Center Police Department with community leaders to discuss the events and actions taken. ■ His attendance at an April 9, 2009, seminar at the U of M by author John Gerzema on branding in today's economy. He was pleased to learn of the many people in the metro area that have some tie into the Brooklyn Center community. ■ A Vacant Homes and Code Enforcement workshop is scheduled for April 21, 2009, 7:00 p.m. to 8:00 p.m. at the Brooklyn Center Police Station. 04/13/09 -8- ■ An international family event is scheduled for April 23, 2009, 6:00 p.m. to 8:00 p.m. at the Northwest Suburban Integration School District, Earle Brown Plaza, 6860 Shingle Creek Parkway, Suite #210. Information is available at 763- 450-1332. Councilmember Ryan reported on the following: ■ His attendance at the March 26, 2009, Cultural Awareness Workshop at the Brooklyn Center Police Station with discussion on the distinct cultural norms of Latino, Hmong, and Liberian people. ■ His attendance at the March 31, 2009, Public Safety Meeting at Cross of Glory Lutheran Church addressing the recent home invasion and burglary event in the City. The involvement of the neighborhood was very important and the Police Department was very effective in handling the event. ■ Police Department and Crime Prevention Committee Award Ceremony for law enforcement officials, first responders, and citizens who have acted above and beyond the call of duty is scheduled for April 15, 2009, at 7:00 p.m. in Constitution Hall. ■ An informational meeting with City staff and the MPCA on the 57"' and Logan Avenues Redevelopment Site is scheduled for April 16, 2009, at the Earle Brown Heritage Center, 6155 Earle Brown Drive. An open house will be held at 6:00 p.m. with a formal presentation at 7:00 p.m., followed by a question and answer session. Mayor Willson reported on his attendance at the following events: ■ March 25, 2009, Local Board of Appeal and Equalization training. ■ March 26, 2009, noon luncheon with BCBA. Thank you to Mr. Boganey for the outline of the State of the City speech. ■ March 28, 2009, Royal Lau Armed Forces Day event in Brooklyn Park. ■ March 30, 2009, Dangerous Dog Hearing. ■ April 8, 2009, attendance at the BCALL spaghetti dinner fundraiser. ■ April 10, 2009, reception for the President of Liberia where he presented the Liberian President with a key to the City and spoke with a number of the City's Liberian constituents. Chief Bechthold and staff were recognized for their work with the Liberian community. Officer Nagbe was also recognized for his diligence in becoming an officer in the City of Brooklyn Center with the Liberian community. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:13 p.m. Motion passed unanimously. 1 04/13/09 -9- 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 April 13, 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 April 27, 2009, Regular Session. City Clerk Mayor 1 1 1 04/13/09 -10-