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HomeMy WebLinkAbout2006 02-13 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 FEBRUARY 13, 2006 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 and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. Myrna Kragness opened the meeting for the purpose of Informal Open Forum. Penny Nickles - Larkin described the accident where her mother -in -law was hit by a car, resulting in her death. She stated concern that the Police acted in bias based on the age of her mother -in- law, the incident was improperly investigated, and inaccurate assumptions were made. She stated the Police Department needs sensitivity training and should not make snap judgments. She requested that the City review the scene of the accident and make the cross walk safer. Mayor Kragness offered condolences and stated the accident remains under investigation and the Police will be contacting Mrs. Nickles- Larkin regarding the matter. Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered a prayer as the invocation. FLAG CEREMONY Boy Scout Troop 403 presented the flags. Assistant Scout Master Allen Peterzane introduced the members of Boy Scout Troop 403. 2/13/06 4- 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:04 p.m. Councilmember O'Connor announced availability of a public copy of the agenda packet. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor stated she attended the Opportunity Site meeting. Councilmember Lasman stated she attended a Neighborhood Champions Dinner and Awards Ceremony at Earle Brown Elementary School where 58 honorees received medallions and awards for being champions in their neighborhoods on January 31 St. She stated on February 4th she attended Brooklyn Center's 95th Birthday Party and Awards Night where people were honored for doing outstanding work in their community and to celebrate Brooklyn Center's 95 Birthday. She discussed the entertainment at the event. She stated on February 5 th she attended the Lions Waffle breakfast which was well attended and more are planned for the future. She stated on February 8 th she attended the Grand Opening of District 279's Adult Education Center which was well attended. She stated the center will be a great asset to the community. Councilmember Carmody stated she also attended the Opportunity Site meeting and Champion Dinner. She stated she also participated in the Art Show judging for Northwest Hennepin Human Services Council Art Show. She stated she attended the Watershed Meeting where information will be included in the update. She stated she attended the Twin West Chamber Legislative Breakfast. She announced that Mayor Kragness received an award from the Brooklyn Center Charitable Foundation for her contributions to the community. Mayor Kragness stated she attended many of the same events along with the ribbon cutting for adult education building which was heartwarming. She stated the dinner and entertainment were wonderful at the birthday party. 2/13/06 -2- 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with the removal of Item No. 7a. Approval of the Minutes of January 9, 2006 — Regular Session from the Consent Agenda and amendment of item 9j. Resolution on Stadium Vote to discussion only and the following consent items were approved: Councilmember O'Connor and Councilmember Niesen discussed the possibility of reading a resolution to be considered as item 9j. City Attorney Charlie LeFevere explained that the Charter requires resolutions to be presented in writing unless a reading is consented to unanimously per Section 3.07. 7a. APPROVAL OF MINUTES —Mayor Kragness and Councilmember Lasman abstained from the vote on the minutes, as they were absent and excused from the January 23, 2006 meeting. 1. January 23, 2006 — Regular Session 2. January 23, 2006 — Study Session 3. January 23, 2006 — Work Session 7b. LICENSES GASOLINE SERVICE STATION Brooklyn BP, Inc 6044 Brooklyn Boulevard Qwest Communications 6540 Shingle Creek Parkway MECHANICAL Nordic Services 12006 12 Ave S, Burnsville Stern Heating & Cooling Inc 1927 W 5 th Street, Red Wing RENTAL Renewal 331963 rd Ave N ( Single Family) Linda Yang 451865 th Ave N (Single Family) Ernest Anyanwu 1100 69 Ave N (1 Bldg, 7 Units) Evan Lutheran Church of the Master 4207 Lakeside Ave N #134 (Single Family) William & Linda Bjerke Initial 6807 Quail Ave N (Single Family) Eric Cooper 1510 69 Ave N (1 Bldg, 4 Units) Howard Lapides 4110 Lakebreeze Ave N (1 Bldg, 4 Units) Lee Thao 6206 Noble Ave N (Single Family) Edward Roe 6906 Toledo Ave N (Single Family) Edward Row 2/13/06 -3- SIGNHANGER Contact Signs 1803 Victoria St N, Roseville TOBACCO RELATED PRODUCT Brooklyn BP, Inc 6044 Brooklyn Boulevard Brooklyn Center Municipal #1 5625 Xerxes Avenue North Brooklyn Center Municipal #2 6930 Brooklyn Boulevard, Suite 2 7c. APPLICATION AND PERMIT FOR A TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS PARISH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD MARCH 17, 2006 7d. RESOLUTION NO. 2006-11 CALLING FOR A HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 7e. RESOLUTION NO. 2006- 12 ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2006 -05, 06, 07 AND 08, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 7f. RESOLUTION NO. 2006 -13 DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2006 -05, CONTRACT 2006 -B, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET IMPROVEMENTS 7g. RESOLUTION NO. 2006 -14 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005 -18, CONTRACT 2005 -I, CENTRAL PARK BALLFIELD LIGHTING IMPROVEMENTS 7h. RESOLUTION NO. 2006 -15 APPROVING FINAL PLAT FOR INTERCHANGE ADDITION 7i. SITE PERFORMANCE GUARANTEE REDUCTION — ESTATES OF RIVERWOOD Councilmember O'Connor voted against the same. Motion passed. 2/13/06 -4- 8. PUBLIC HEARING 8a. PROPOSED USE OF 2006 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1. RESOLUTION NO 2006 -16 APPROVING PROJECTED USE OF FUNDS FOR 2006 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS City Manager Michael McCauley explained that annually, the federal government makes funds available to Hennepin County to distribute to communities who are not eligible to receive Community Development Block Grants themselves. He stated the allocation requires a public hearing for the proposed use of funds. He explained that the bulk of the money is to be used for projects benefiting low - income persons. He explained that the City received a fourth request for funding; however it is recommended that the first three requests be granted. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing. Motion passed unanimously. Joe Walter, Home Program, Senior Community Services, thanked the City Council for continued support and stated they are anxious to continue providing services to senior residents. She stated they spent 420 hours last year painting and performing minor repairs. Steve Kline, Executive Director of CEAP, stated they have received funds which they use to serve the community. He stated they have served 255 seniors in Brooklyn Center. Councilmember Carmody moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -16 Approving Projected Use of Funds for 2006 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. Councilmember O'Connor inquired about the letter from Hennepin County's Department of Housing Community Works and Transit showing an outstanding balance. She inquired about the balance, interest, and the timeframe of the loan. Mr. McCauley explained the period of expenditure where if the funds are not spent, they are returned to HUD. 2/13/06 -5- Councilmember O'Connor stated disagreement with the federal government giving money to Hennepin County to give to Brooklyn Center. She stated residents should keep their tax money instead of spending it on staff to support all of the transactions. Mr. McCauley explained that demand for services is greater than the supply of funding therefore the money will be expended in the window of time provided. He stated in response to the funding restrictions, the City has put the recommended percentage of allocation into the home rehabilitation program. He stated the remaining funds are then used to fund two programs that target assisting seniors. Councilmember O'Connor voted against the same. Motion passed. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION NO. 2006- 17 RECOGNIZING ZIN AN AWARD TO EARLE BROWN HERITAGE CENTER Mayor Kragness read the Resolution Recognizing an Award to Earle Brown Heritage Center. Councilmember Niesen moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -17 recognizing an Award to Earle Brown Heritage Center. Motion passed unanimously. 9b. RESOLUTION NO. 2006 -18 AUTHORIZING CONSTRUCTION OF A NOISE WALL ALONG INTERSTATE 94/694 IN BROOKLYN CENTER BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION Mr. McCauley tated MnDOT is proposing to construct a noise wall along the interstate. He Y p p g g stated the proposal requires City Council approval and while it is not a City project, MnDOT can not undertake the construction of the structure without City Council approval. Peter Wasko, Air and Noise Quality Expert for the Metro District of MnDOT, explained the Type 2 Noise Wall Program. He stated the program was mandated for a period of three years by legislation to conduct the study in 1996, expiring in 2000. He stated MnDOT Metro District is the only district within MnDOT that currently funds this program. He stated the areas are ranked by priority. He explained that of the residents affected, 10 agreed with the wall, five disagreed with the wall, and two were undecided. Greg Kern, Project Manager for Pre Design and Final Design, stated the noise wall will be 20 feet in height and 1,000 feet from Dupont Avenue. He explained that MnDOT will automatically relocate the needed fiber optic line. 2/13/06 -6- Councilmember Niesen asked if the wall could block the sun and possibly harm the vegetation. Peter Wasco responded concerns are generally over the view of the structure and not vegetation. Ralph Van Beusekom explained that he has lived in his home since it was built and the noise is significant, not allowing him to open his bedroom windows. He asked which side of the wall the fence would be on. Wayne Norris, West Area Engineer responded the wall would be on the highway side of the fence. Mida Oskcan stated opposition to the wall that would compromise her view. Councilmember O'Connor inquired about the percentage of noise reduction the wall will provide. Mr. Wasko responded it depends on how close the person is to the end of the wall, however, generally, it will reduce the noise from five to 10 decibels. The City Council discussed the plank design of the proposed wall. Mr. McCauley explained that if the proposal is approved as presented, no cost will be assessed to the City. He stated if the City Council wished to upgrade the building materials, the City would be responsible for the difference in cost. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -18 Authorizing Construction of a Noise Wall along Interstate 94/694 in Brooklyn Center by the Minnesota Department of Transportation. Councilmember Carmody stated the majority of the residents are in favor of the wall, therefore she will vote in favor. Motion passed unanimously. 9c. MAYORAL APPOINTMENT TO WATERSHED COMMISSIONS Mayor Kragness requested ratification of the appointment of Kathleen Carmody to the Watershed Commission. She explained that there is a vacancy and Councilmember Carmody has expressed interest. Councilmember Lasman moved and Councilmember Carmody seconded to ratify the Mayoral Appointment to Watershed Commission. Motion passed unanimously. Councilmember O'Connor volunteered to be an alternate. Councilmember Niesen suggested that positions be advertised to allow a fair chance of application. 2/13/06 -7- 9d. PLANNING COMMISSION RECOMMENDATION ON LIMITING THE NUMBER OF CARS IN RESIDENTIAL AREAS 1. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING THE PARKING AND /OR STORAGE OF VEHICLES, TRAILERS AND WATERCRAFT IN FRONT YARDS OR YARDS ABUTTING A PUBLIC STREET Mr. McCauley stated the City Council was approached by Mr. Dahn who suggested changes to the City Code with respect to vehicle parking which was referred to the Planning Commission who reviewed the recommendations and recommended one change to Chapter 19 with respect to the number of cars allowed to park in residential zones. Councilmember Niesen stated the following reasons she does not support the change to the City Code: • Significant change with unproved need • City stock of host WWII homes are completely built out and allowed for a wide configuration of driveways from small to large /long • Only person who spoke at the Planning Commission's public hearing was the author of the ordinance change: Mr. Willis Dahn. • Has not received one complaint regarding number of cars in driveways • Planning Commission Minutes do not contain arguments or facts as to why the number of cars in driveways should be limited to six and those who voted in favor did not list reasons • Drove around several neighborhood communities and did not see an abuse of existing law • Ordinance change involves more than just cars, also involves trailers. and since neon_ le were allowed to nave their vards in response to existing laws it doesn't seem fair or reasonable at this point to arbitrarily choose a number of vehicles that neonle may especially because no narking on City streets is allowed from 2 - 5:00a.m. • If a family has six licensed drivers. and has guests stay over. they would be in violation of the law and the result would be to ticket people for having_ vehicles on their own paved driveways Councilmember Carmody stated she received a call after the newspaper article stating favor of the proposal. She explained that when more than six cars are parked at one residence, it tends to appear like a used car lot. She explained that if the 50% of yard coverage method was used, her yard could accommodate 12 vehicles. She stated the concern is not a large one, however if you live near a house who parks more than six cars on their property, it is a concern. Councilmember O'Connor responded residents should be able to do what they want on their land. Councilmember O'Connor moved and Councilmember Niesen seconded to change the date of the second reading and Public Hearing on the ordinance to March 27, 2006. Councilmember Carmody and Councilmember Lasman stated opposition to the extension of the date. Councilmember Niesen responded Councilmember O'Connor asked for consideration on an item that is not an emergency and could wait until she is present. Mayor Kragness stated she is not opposed to postponing the item, allowing for a public hearing and collection of public input. 2/13/06 -8- When asked, three attendees raised their hands, showing interest in speaking on item at a public hearing. Councilmember Carmody and Councilmember Lasman voted against the same. Motion passed. Sherry Higgins, 6312 Indiana Avenue North, stated they take pride in the neighborhood and feels this change is beneficial. Will Dahn, 5733 Knox Avenue North, stated the ordinance was enforced effectively however has not been enforced or used in 15 -20 years. Tony Kuefler, 5943 Abbott Avenue, stated favor of limiting the number of vehicles in residential areas. Councilmember Lasman stated she has been approached several times regarding this item. She stated all problems are related to the fact that over six cars is too many. She stated allowing for six cars, plus garage stalls is reasonable. Mayor Kragness stated people that have called on this item are people that are concerned with how the neighborhoods look and the decreasing value. Councilmember Lasman moved and Councilmember Carmody seconded to approve first reading and set second reading and Public Hearing on the ordinance for March 27, 2006. Councilmember O'Connor voted against the same. Motion passed. Councilmember Niesen recommended that the item be publicized more. 9e. RESOLUTION NO. 2006 -19 ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5307 PENN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 2, BLOCK 1 ROBERT L. HANSEN'S FIRST ADDITION HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA Councilmember O'Connor stated the building could be fixed and the City should not be able to take the building down. Mr. McCauley explained the damage to the structure and the process for removal. 2/13/06 -9- Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -19 Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards with Respect to that Real Estate Located at 5307 Penn Avenue North, Brooklyn Center, Minnesota 55430 Legally Described as Lot 2, Block 1 Robert L. Hansen's First Addition Hennepin County, Minnesota in the City of Brooklyn Center, Hennepin County, Minnesota. Councilmember O'Connor voted against the same. Motion passed. 9L EAVE ENCROACHMENT ON SIDE YARD SETBACK AND GARAGE HEIGHTS Mr. McCauley explained that while reviewing this matter with the Building Official, he confirmed that the City is more likely to see 18 to 24 inch eaves than 12 inch eaves. He stated the side yard setbacks are such that there is no safety or particular aesthetic concern with respect to an eave being another six to 12 inches wider than currently allowed. He stated it is recommended that this be referred to the Planning Commission for review and potentially changing the ordinance to provide for a wider eave encroachment. He explained changes in roof pitch that also affects the needed width of eaves and garage heights. Councilmember Carmody moved and Councilmember Lasman seconded to refer the eave overhang depth to the Planning Commission, and refer the garage height ordinance to the Planning Commission to report back in timely manner. Councilmember O'Connor discussed a possibility of a variance. Mr. Wilson stated he would rather see a change to the ordinance rather than a variance, to prevent others from experiencing these difficulties. Motion passed unanimously. Councilmember Carmody moved and Councilmember Lasman seconded to suspend enforcement of the ordinance relating to eaves until the City Council has reviewed the item further. Motion passed unanimously. 2/13/06 -10- 'L 9g. REPORT ON FRANCHISE FEES Mr. McCauley stated during the last year, the City Council received a report of franchise fees and requested a report in 2006. He stated as indicated in the report, $662,000 was received in electric and gas franchise fees which is approximately $2,000 more than anticipated. He stated franchise fees are used to provide funding for street reconstruction. Councilmember Lasman moved and Councilmember Carmody seconded to direct staff to submit the Franchise Fees report annually. Motion passed unanimously. 9h. RESOLUTION NO. 2006 -20 REGARDING DISPOSITION OF COOP NORTHWEST PROGRAM FUNDS Mr. McCauley stated COOP Northwest disbanded a few years ago and have determined that they have $168,000 in COOP Northwest funds that remain. He stated of these funds, they have allocated some to Brooklyn Center. They have recommended that the money be used for purposes consistent with the mission of COOP Northwest. He stated due to their inability to trace the funding, the recommendation is that the money be applied to the City's annual membership costs. Councilmember Carmody inquired about the time limit that someone could claim the funds. Mr. LeFevere responded ordinarily the statute of limitation is six years. The City Council discussed various ways to utilize the funds. Councilmember Lasman moved and Councilmember Carmody seconded to adopt Resolution No. 2006 -20 Regarding Disposition of COOP Northwest Program Funds. The City Council discussed options to elevate the risk that COOP Northwest will retract the funds. Councilmember Carmody asked about the interest on the funds. Mr. LeFevere suggested changing the resolution to state the Human Services Council should gg g g retain Brooklyn Center's allocation of the COOP Northwest Funding which allocation with accruing interest there on shall be applied to future assessments. He stated this would allow the Human Services Council to hold the money and Brooklyn Center would get the credit for the interest earned. Councilmember Lasman moved and Councilmember Carmody seconded to amend the motion to change wording as suggested by Mr. LeFevere. Motion passed unanimously. 2/13/06 -11- 9i. RESOLUTION NO. 2006 -21 APPROVING AN AMENDMENT TO JOINT POWERS AGREEMENT FOR STREET MAINTENANCE ACTIVITIES AND AUTHORIZING SOLICITATION OF BIDS FOR 2006 SEAL COATING Mr. McCauley stated the City has jointly gone out for seal coating bids with Coon Rapids, Fridley, Andover, and Columbia Heights and has saved money by working cooperatively. He stated this would allow the City to add members without a formal joint powers amendment. Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION NO. 2006 -21 approving an Amendment to Joint Powers Agreement for Street Maintenance Activities and Authorizing Solicitation of Bids for 2006 Seal Coating. Motion passed unanimously. 9j. RESOLUTION ON STADIUM VOTE Councilmember Niesen stated she was contacted by a citizen who was wondering how the City Council felt on sending a resolution to Hennepin County and the State Representatives about whether we were in favor of supporting a vote on taxable measures or a levy for the Twins Stadium. She stated she requested this agenda item so that the City Council could discuss and decide on a plan. She stated she was going to type a resolution, however she has not found a sample resolution to this effect. She stated some feel it may not come up in this legislative session, however Hennepin County indicated that incorrect information has been floating around. She wanted to get all of the information from Hennepin County before proceeding. Roger Kloster stated there is a State law that says if you want to increase sales tax, it has to be approved by a vote of the citizens on a referendum; however, Hennepin County is approaching the State legislature to be exempt from this law. He stated in Brooklyn Center the majority of the people are law abiding and feel they would like an opportunity to vote on the stadium tax. He requested that the City Council pass a resolution resolving that Hennepin County uphold the State law requiring a referendum. Councilmember Niesen stated that a vote is necessary before a stadium tax is enforced. She stated she will prepare a resolution for the next City Council meeting. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:50 p.m. Motion passed unanimously. City Clerk Mayor 2/13/06 -12-