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Home My WebLink About2007 03-12 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 MARCH 12, 2007 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, Mary O'Connor, and Mark Yelich. Also present were City Manager Curt Boganey, City Attorney Charlie LeFevere, Fire Chief Ron Boman, and Deputy City Clerk Camille Worley. Councilmember Dan Ryan was absent and excused. Mayor Willson opened the meeting for the purpose of Informal Open Forum. Dan Remiarz, 6201 June Ave N, stated objection to the increase in the storm drainage fee reflected on his utility bill. He also expressed an interest in automatic withdrawal of his utility bill. He discussed the condition of the street in front of his home and indicated a need for repairs. He stated concern for the amount of real estate taxes being id b the City for the City gp Y Y Y purchased properties. Edward Doll, 1201 57 Ave N, discussed and objected to the special assessment certification for weed removal on his property. Councilmember Lasman moved and Councilmember Yelich seconded to close the Informal Open Forum at 6:54 p.m. Motion . assed unanimously. Y 2. INVOCATION Councilmember Yelich offered a moment of silence 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 7:02 p.m. 03/12/07 _1 _ 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, and Mark Yelich. Also present were City Manager Curt Boganey, City Attorney Charlie LeFevere, Fire Chief Ron Boman, and Deputy City Clerk Camille Worley. Councilmember Dan Ryan was absent and excused. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman stated March is Food Share Month and encouraged support of local food shelves. She reported attending the final Special Events meeting on March 8. Councilmember Yelich stated he had nothing to report. Councilmember O'Connor stated she had nothing to report. Mayor Willson reported attending the North Metro Mayors Association meeting in Rogers. He Y P g Y reported attending a Bill Introduction on February 26 at the Capital with Representative Melissa Hortman and Senator Larson for House File 312 and Senate File 130. He reported attending a church in Robbinsdale for the Liberian TPS (Temporary Protective Status) which is slated to end on October 1. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, with amendments to the February 26, 2007 — Regular Session and Study Session minutes and the following consent items were approved: 7a. APPROVAL F O MINUTES 1. February 26, 2007 — Study Session 2. February 26, 2007 — Regular Session 3. February 26, 2007 — Work Session 7b. LICENSES MECHANICAL Air Conditioning Associates 55 West Ivy Avenue, St. Paul Associated Mechanical 1257 Marshall Road, Shakopee Assured Heating A/C 334 Dean Ave, Champlin Auto Garage Door & Fireplace 8900 109 Ave N, Champlin Centraire Htg & A/C 7402 Washington Ave S, Eden Prairie Cronstoms Heating & A/C 6437 Goodrich Ave, St. Louis Park 03/12/07 -2- DJ's Heating & A/C 6060 LaBeaux Ave NE, Albertville Faircon Service Companies 2560 Kasota Ave, St. Paul Golden Valley Heating 5182 West Broadway, Crystal Home Energy Center 1520025 th Ave N Suite 128, Plymouth Joel Smith Heating & A/C 4920 173 Ave, Ham Lake M & D Plumbing & Htg, Inc 11050 26 St NE, St. Michael McDowall Company P O Box 1244, St. Cloud Marsh Heating & A/C 6248 Lakeland Ave N, Brooklyn Park Metropolitan Mechanical Contractors 7340 Washington Ave S, Eden Prairie Modern Hearing & A/C 2318 First St NE, Minneapolis New Mechanical Co Inc 1633 Eustis Street, St. Paul Pierce Refrigeration 19202 nd Ave S, Anoka Riccar Heating & A/C 2387 Station Parkway NW, Andover River City Sheet Metal Inc. 8290 Main Street NE, Fridley Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Royalton Heating & A/C 412085 th Ave N, Brooklyn Park Schadegg Mechanical, Inc. 225 Bridgepoint Dr, So St Paul Southtown Refrigeration 6325 Sandburg Road, Golden Valley Spectrum Sign Systems, Inc. 2025 Gateway Circle, Centerville Standard Heating & A/C 410 W Lake Street, Minneapolis Thermex Corporation 3529 Raleigh Ave S, St. Louis Park Vogt Heating & A/C g g 3260 Gorham Ave, St. Louis Park Wenzel Heating & A/C 4131 Old Sibley Memorial Hwy, Eagan RENTAL Renewal (There were no calls for service for the following) 3012 -18 51 Ave N (Two Family) Steven & Debra Elhardt 6712 Beard Ave N (Single Family) Morris Matthews 6915 Brooklyn Blvd (Single Family) Curtis Cady 6613 Camden Drive (Single Family) Mark Herstrom 5935 Dupont Ave N (Single Family) Gina Dumas 5101 Eleanor Lane N (Single Family) Michael Potaczek 5000 France Ave (Four unit Townhome) Dean Gannon 5637 & 5639 Girard Ave N (Two Family) Earl & Evalyn Krueth 6737 Quail Ave N (Single Family) Henry Yang Initial (There were no calls for service for the following) 520063 d Ave N (Single Family) Evaristus Ejimadu 500665 th Ave N (Single Family) Eva Wilson 5412 Logan Ave N (Single Family) Sergio Chavez SIGNHANGER Crosstown Sign 16307 Aberdeen St NE, Ham Lake Install This Awning & Sign 5345 4 th Street, Brooklyn Center Lawrence Sign 945 Pierce Butler Route, St. Paul Signart Company 2170 Dodd Road, Mendota Heights 03/12/07 -3- 7c. APPROVAL OF APPLICATION AND PERMIT FOR A TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD APRIL 28, 2007 7d. RESOLUTION NO. 2007 -37 OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2007 Motion passed unanimously. 8. PRESENTATIONS There were no presentations. 9. PUBLIC HEARING 9a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 1. RESOLUTION NO. 2007 -38 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 2. RESOLUTION NO. 2007 -39 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 3. RESOLUTION NO. 2007 -40 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager Curt Boganey introduced the item and stated the purpose of the proposed resolutions. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Edward Doll, 1201 57 Ave N, stated objection to the assessment certification of weed removal on his property and requested an explanation of the additional $40.00 fee. Director of Public Works /City Engineer Todd Blomstrom explained the fees charged to the property owner and the additional $40.00 charge if the amount is to be certified for non - payment. William Talmadge, 5406 Logan Ave N, stated objection to the assessment of charges for removal of trees on his property. He distributed photographs that indicated the location of the 03/12/07 -4- i removed trees. He discussed root graphs and stated concern that the trees that were removed by the City were not removed properly and the Dutch Elm disease spread to the surrounding trees which have been removed by the City and charged to the property owner. In response to the request, Mr. Boganey stated the process of tree removal would be provided to the City Council in a report. Joseph Reeves, 6913 Palmer Lake Drive W, stated objection to the assessment for tree removal. He also stated objection that his partial payment was refused. Mayor Willson explained the for only collecting th purpose y g e full amount owed for special assessments. Tiffany Dunn, 4933 Brooklyn Blvd, stated objection to the special assessment because the weed removal occurred before she purchased the property in September 2006. Mr. Blomstrom suggested that this address be pulled off of the current assessment roll so that the account can be researched. Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing for all properties except: 4933 Brooklyn Blvd, 5406 Logan Ave N, and 1201 57' Ave N and to continue the hearing for the three properties on April 9, 2007. Motion passed unanimously. Councilmember Lasman moved and Councilmember e ber Yelich seconded adoption of RESOLUTION NO. 2007 -38 Certifying Special Assessments y g p for Diseased Tree Removal Costs to the Hennepin County Tax Rolls with the exception of 5406 Logan Ave N. Motion passed unanimously. Councilmember Yelich moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2007 -39 Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls with the exception of 4933 Brooklyn Blvd and 1201 57 Ave N. Councilmember O'Connor stated objection to regulating the amount of weeds on a property. Councilmember O'Connor voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -40 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. 03/12/07 -5- 9b. ORDINANCE NO. 2007 -03 RELATING TO CRIMINAL BACKGROUND CHECKS AT RESIDENTIAL RENTAL PROPERTIES; AMENDING CITY CODE SECTION 12 -914 Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Councilmember O'Connor stated she would like to amend the language in the Ordinance so that landlords do not have to retain background reports of those who are not rented to. She stated the Ordinance requires too much from landlords. The City Manager explained the rational for the new Ordinance. City Attorney Charlie LeFevere explained the legal benefits of retaining background checks for all applicants. Councilmember Yelich moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded adoption of ORDINANCE NO. 2007 -03 Relating to Criminal Background Checks at Residential Rental Properties; Amending City Code Section 12 -914. Councilmember O'Connor voted against the same. Motion passed. 10. PLANNING COMMISSION ITEMS There were no Planning Commission Items to be considered. 11. COUNCIL CONSIDERATION ITEMS lla. RESOLUTION NO. 2007 -41 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND /OR BOARD OF DIRECTORS OF FIVE CITIES SENIOR TRANSPORTATION PROJECT, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, PETS UNDER POLICE SECURITY, PROJECT PEACE, AND TWIN LAKES JOINT POWERS ORGANIZATION Mr. Boganey thanked City Clerk Sharon Knutson for her efforts on the item, introduced the item, and stated the purpose of the proposed resolution. 03/12/07 -6- Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -41 Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of Five Cities Senior Transportation Project, Northwest Hennepin Human Services Council, Pets Under Police Security, Project Peace, and Twin Lakes Joint Powers Organization. Motion passed unanimously. llb. RESOLUTION NO. 2007 -42 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2007 -01, 02, 03 & 04, CONTRACT 2007 -A, FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -42 Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2007 -01, 02, 03 & 04, Contract 2007 -A, Freeway Boulevard and Shingle Creek Parkway Street, Storm Drainage and Utility Improvements. Motion passed unanimously. llc. RESOLUTION NO. 2007 -43 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2007-14, CONTRACT 2007 -D, 2007 STREET SEAL COATING Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2007 -43 Accepting Bid and Authorizing Award of Contract, Improvement Project No. 2007 -14, Contract 2007 -D, 2007 Street Seal Coating. Motion passed unanimously. lld. RESOLUTION NO. 2007 -44 ACCEPTING ENGINEER'S FEASIBILITY REPORT, ORDERING PLANS AND SPECIFICATIONS AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR CITY IMPROVEMENT PROJECT NO. 2007 -11, LIFT STATION NO. 2 FORCE MAIN IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -44 Accepting Engineer's Feasibility Report, Ordering Plans and Specifications and Authorizing a Professional Services Agreement for City Improvement Project No. 2007 -11, Lift Station No. 2 Force Main Improvements. 03/12/07 -7- Motion passed unanimously. 11e. RESOLUTION NO. 2007 -45 ESTABLISHING PROJECT NO. 2007 -15, TIF DISTRICT NO. 3 REGIONAL STORM WATER QUALITY TREATMENT IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Mr. Blomstrom discussed the proposed improvements and the water treatment that will take place. Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2007 -45 Establishing Project No. 2007 -15, TIF District No. 3 Regional Storm Water Quality Treatment Improvements. Motion passed unanimously. 11C RESOLUTION NO. 2007 -46 CALLING FOR A PUBLIC HEARING TO AMEND LEVY NOS. 16816 AND 16817, SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2007 -05 AND 2007 -06, RIVERWOOD AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -46 Calling for a Public Hearing to Amend Levy Nos. 16816 and 16817, Special Assessments for Improvement Project Nos. 2007 -05 and 2007 -06, Riverwood Area Neighborhood Street and Storm Drainage Improvements. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Yelich seconded adjournment of the City Council meeting at 8:32 p.m. Motion passed unanimously. 03/12/07 -8- 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 March 12, 2007. 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 26, 2007, Regular Session. City Clerk Mayor 02/26/07 - 9-