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HomeMy WebLinkAbout2006 03-13 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 MARCH 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, and Diane Niesen. Councilmember Mary O'Connor was absent and excused. Also present were Acting City Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and. Deputy City Clerk Camille Yungerberg. Myrna Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Informal Open Forum closed at 6:47 p.m. 2. INVOCATION Tuan Huynh, Grand Knight, Knights of Columbus Council 6772, St. Alphonsus Parish, offered a prayer as the Invocation. 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 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Mary O'Connor was absent and excused. Also present were Acting City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 03/13/06 1 6. COUNCIL REPORT Councilmember Lasman stated on March 8 she attended the meeting on eminent domain. She stated it was a good opportunity for citizens to testify on the topic. She stated on March 9 she attended the Special Events Committee's final meeting for this year. Next year's Brooklyn Center Birthday /Awards celebration, which this committee sponsors, will be held on February 3 rd Councilmember Carmody stated she also attended the eminent domain meeting on March 8 th ' She stated an update has been submitted for the Watershed meeting that she attended. Councilmember Niesen stated she drove around many neighborhoods in the City to address the parking and regulation of the number of vehicles issue. She announced that the public hearing on the issue will be held at the next City Council meeting. Mayor Kragness stated she also attended the eminent domain meeting on March 8 th where people from many cities attended. She stated she attended the inaugural dinner and ball for the organization of Liberians in Minnesota on Saturday night. 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. 7d from the Consent Agenda to Council Consideration Item No. 1 O and amendments to the February 27, 2006 — Regular Session minutes, February 27, 2006 — Work Session minutes, and March 6, 2006 — Joint Meeting with the Financial Commission as submitted by Councilmember O'Connor. Mayor Kragness and Councilmember Lasman abstained from the vote on the January 23, 2006, Study, Regular, and Work Session minutes as they were not present at the meetings. The following consent items were approved: 7a. APPROVAL OF MINUTES 1. January 23, 2006 — Study Session (Roll Call Amended) 2. January 23, 2006 — Regular Session (Roll Call Amended) 3. January 23, 2006 — Work Session (Roll Call Amended) 4. February 13, 2006 — Regular Session (tabled from 02/28/06 meeting) 5. February 27, 2006 — Study Session 6. February 27, 2006 — Regular Session 7. February 27, 2006 — Work Session 8. March 6, 2006 — Joint Meeting with the Financial Commission 7b. LICENSES LIOUOR — CLASS D ON -SALE INTOXICATING LIOUOR LICENSE Saysouri Enterprises LLC dba Boba Cafe Asian Restaurant & Bar 1331 Brookdale Center 03/13/06 2 LIOUOR — CLASS C ON -SALE INTOXICATING LIQUOR LICENSE, Investment Properties of Brooklyn Center dba Days Inn 1501 Freeway Boulevard RENTAL Renewal 142555 th Ave N 0 Bldg, 4 Units) Trung Duong 3807 61" Ave N (Single Family) Toshie Metzger 3200 64 Ave N (Single Family) Keith McConnell 1323 67 Lane N (Single Family) Terry Hartmann 4703 68 Ave N (Single Family) Bernard McDonough 1300 68 Lane N (Single Family) Terry Hartmann 6207 Chowen Ave N (Single Family) Doreen Kalema 6835 Colfax Ave N (Single Family) Adeyinka Badewa 5801 Dupont Ave N (Single Family) John & Joan Ford 4100 Lakebreeze Ave N (1 Bldg, 4 Units) Bruce Waage 6100 Summit Drive (1 Bldg, 140 Units) Lang Nelson Associates 6500 Willow Lane (Single Family) Brett Hildreth Initial 6939 Brooklyn Blvd (Single Family) Jacob Yanish 2006 71" Ave N (Single Family) Kamal Haaji- Hussein Ibrahim 6031 Halifax Ave N (Single Family) Luis Perez 7033 Unity Ave N (Single Family) Geri Lovelace 7c. RESOLUTION NO. 2006 -32 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2006 -01, 02, 03, AND 04, CONTRACT 2006 -A, CENTERBROOK AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 7e. RESOLUTION NO. 2006 -33 ESTABLISHING IMPROVEMENT PROJECT NOS. 2007 -01, 02, 03 AND 04, CONTRACT 2007 -A, FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS; AND IMPROVEMENT PROJECT NOS. 2007 -05, 06, 07, AND 08, CONTRACT 2007 -B, RIVERWOOD AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 03/13/06 3 1. RESOLUTION NO. 2006 -34 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 2. RESOLUTION NO. 2006 -35 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 3. RESOLUTION NO. 2006 -36 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Acting City Manager/Director of Operations Curt Boganey explained that the public hearings are for assessments for diseased trees, weed removal, and delinquent utilities. Councilmember Carmody moved and Councilmember Lasman seconded to open the Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Public Utility Service Accounts. Motion passed unanimously. Soiyid Rizvi, 7112 Halifax Avenue, stated while out of town on July 31, 2005, the City came to his home to cut the grass. He explained that there is one section in his yard that is used for vegetables which had tall weeds. He stated that after his wife asked them not to, they cut the grass and charged him $230.00. He stated disagreement with the amount because he was told he would be charged $45.00 per hour, for the two and a half hours of work, which would total $112.50. He also stated concern that he did not receive prior notification of these charges, before the letter notifying him of assessment. Mr. Boganey explained that letters explaining the charges are mailed to residents prior to the assessment notification. Attorney Charlie LeFevere explained the appeal process and stated the City Council can City Y P pp P adopt all of the proposed tax assessments with an exception of this one, allowing it to be reviewed. Mayor Kragness stated she would like the situation reviewed and set the date of March 27, 2006, as the date for Mr. Rizvi to return to the City Council for further review. Foluso Famuyide, 3118 61 Avenue, explained financial difficulties that have prevented him from paying his City utility bill. He stated he is a student with a wife and three children to support. He stated concern that his mortgage will increase again when these charges are assessed. He asked to make a payment plan. Mayor Kragness explained that the City needs to be paid for the services rendered. 03/13/06 4 Councilmember Niesen thanked Mr. Famuyide for coming to speak to the Council and stated the City has legal obligations to collect the money and suggested that he seek assistance with other organizations. Councilmember Carmody stated concern that if he is unable to afford the extra $30.00 on his mortgage, he would not be able to afford it on a payment plan. Mr. Boganey explained that if the amount was to be assessed and escrowed by his bank, it would be divided into 12 months with an interest of 5.5% added. Mr. LeFevere stated the amount would be assessed to the property taxes however would not show until 2007. Councilmember Lasman moved and Councilmember Niesen seconded to close the Public Hearing. Motion . assed unanimously. Y Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -34 Certifying Special Assessments for Diseased Tree Removal Costs Certifying Special Assessments to the Hennepin Count Tax rolls RESOLUTION NO. 2006-35 y g p P Y for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls, RESOLUTION NO. 2006 -36 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls, with the exception of 7112 Halifax Avenue. Motion passed unanimously. 8b. IMPROVEMENT PROJECT NO. 2006 -05, 06, 07 AND 08, CONTRACT 2006 -B, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 1. RESOLUTION NO. 2006 -37 ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2006 -05, 06, 07 AND 08, CONTRACT 2006 -B, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 2. RESOLUTION NO. 2006 -38 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2006 -05, CONTRACT 2006 -B, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET IMPROVEMENTS Public Works Director /City Engineer Todd Blomstrom presented a PowerPoint presentation on the Humboldt Avenue and Earle Brown Drive Improvement Project that detailed the following information: Past Council Actions Map of Humboldt Avenue Project 03/13/06 5 • Proposed Improvements — Humboldt Avenue • Map of Earle Brown Drive Project • Proposed Improvements —Earle Brown Drive • Project Revenue Summary • Special Assessment Payment Options • Proposed Project Schedule Mayor Kragness inquired about the sidewalks on the east side of the Earle Brown Drive project. Mr. Blomstrom explained that the project would extend the existing sidewalks. Mayor Kragness stated concern that the sidewalks would be problematic with the hotel construction and new driveway placement. Mr. Blomstrom responded the sidewalks should be included for now, and if need be, the sidewalks can be delayed when the construction process begins. He discussed the inconvenience of construction and stated the project will be divided into phases. Staff and the City Council discussed the assessments of the proposed development. Councilmember Carmody moved and Councilmember Lasman seconded to open the Public Hearing on Improvement Project No. 2006 -05, 06, 07 and 08, Contract 2006 -B, Humboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. No public input was offered. Councilmember Carmody moved and Councilmember Niesen seconded to close the Public Hearing. Motion passed unanimously. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006 -37 Ordering Improvements and Authorizing Development of Plans and Specifications Nos. 2006 -05 06 07 and 08, Contract 2006 -B, ecifications for Improvement , r r � Humboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility Improvements and RESOLUTION NO. 2006 -38 Certifying Special Assessments for Improvement Project Nos. 2006 -05, Contract 2006 -B, Humboldt Avenue and Earle Brown Drive Street Improvements Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2006 -002 SUBMITTED BY ADAM SWAN. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME OCCUPATION IN THE GARAGE AT 5821 CAMDEN AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 16, 2006, MEETING. Adam Swan, 5821 Camden Avenue, explained that the tools he will be using are of professional grade and along with adequate insulation, the noise should be minimal. He stated he does 03/13/06 6 cabinetry and small furniture. Mr. Boganey stated according to the minutes there were no residents who spoke against the proposal at the public hearing for the item. Councilmember Niesen explained that because Mr. Swan will be using his garage as a workshop, more cars will be parked in the driveway. Councilmember Lasman moved and Councilmember Niesen seconded to approve Planning Commission Application No. 2006 -002 Submitted by Adam Swan subject to the following conditions recommended by the Planning Commission: 1. The Special Use Permit is granted for a woodworking home occupation involving the use of an accessory structure on the property. Said home occupation will involve woodworking, cabinetry and furniture making. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the Special Use Permit. 2. The Special Use Permit is subject to applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. All vehicle parking associated with the home occupation shall be off street on improved space. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the City Ordinances regarding the size of vehicles allowed. 4. The hours of operation shall be between 9 a.m. and 5 p.m. Monday through Friday. 5. All materials and equipment associated with the home occupation shall be stored indoors. There shall be no outside storage associated with this home occupation. 6. The applicant shall comply with recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. 7. The applicant shall provide appropriate fire extinguishers in the area of the home occupation per the recommendation of the Building Official. 8. The applicant shall maintain any licenses or permits required by other governmental agencies and copies of such shall be kept on file with the City. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING MARCH 2006 TO BE MINNESOTA FOODSHARE MONTH Councilmember Lasman read the proclamation. 03/13/06 7 Mayor Kragness presented the Proclamation Declaring March 2006 to be Minnesota Foodshare Month to a representative of CEAP. Councilmember Carmody moved and Councilmember Niesen seconded to adopt a Proclamation Declaring March 2006 to be Minnesota Foodshare Month. Motion passed unanimously. 10b. CHARTER COMMISSION RECOMMENDATION REGARDING AMENDMENTS TO SECTIONS 3.11 AND 4.04 OF THE BROOKLYN CENTER CITY CHARTER Mr. Boganey stated the Charter Commission has been working on amendments and the Commission will present their recommendations regarding amendments to Sections 3.11 and 4.04 of the Brooklyn Center City Charter to the City Council. Stanley Leino, Charter Commission Chair, explained that in regard to Section 3.11, the Commission felt to better serve those residents who are unable to leave their home, the City Ordinances should be available on the City's website. He stated understanding of the magnitude of the project however the Charter Commission would like to start the process. He stated in regard to Section 4.04, the Charter Commission felt the low fee for filing does not cover the amount of time spent by City Staff. He stated the amount should be set high enough to cover some City expenses, but still allow for a hardship waiver by way of petition. Mr. LeFevere suggested that the City Code be available on the City's website rather than the City Ordinances, due to the amount of information included in the City Ordinances. Mayor Kragness asked that this item be discussed with the City Manager and put on a Work Session agenda. Councilmember Carmody suggested that Staff comment on the item to better explain their involvement. Mayor Kragness stated the current fee of $5.00 is not enough due to the amount of Staff involvement in elections. She stated she would not be opposed to the suggested fee of $50.00. Councilmember Carmody stated justification for the increase should be shown. It was the consensus of the City Council that Mr. Boganey report to the City Manager who will determine at which Work Session this item will be discussed, and then the Charter Commission will be notified. 10c. MAYORAL APPOINTMENT: PLANNING COMMISSION MEMBERS Mayor Kragness requested ratification of the appointment of Michael Parks and Gary Ford to the Planning Commission. 03/13/06 8 Councilmember Lasman moved and Councilmember Niesen seconded to ratify Mayoral appointment of Michael Parks and Gary Ford to the Planning Commission. Motion passed unanimously. 10d. (FORMERLY CONSENT AGENDA ITEM NO. 7D) RESOLUTION NO. 2006 -39 ESTABLISHING IMPROVEMENT PROJECT NO. 2006 -11, CENTRAL STORAGE FACILITY IMPROVEMENTS AND AWARDING A PROFESSIONAL SERVICES CONTRACT FOR ARCHITECTURAL SERVICES Councilmember Niesen inquired about how the size of the shelter is determined and how many tables will be under the shelter. Mr. Blomstrom stated the budget indicates the buildings to be replaced in 2007. He stated the process came to a halt because space was running out. He stated a discussion with the Park and Recreation department should take place to determine the order of the replacement and the priority. He stated the size of the shelters could be reviewed by the City Council at a later date. Mayor Kragness discussed reasons that the buildings should be replaced with shelters, primarily vandalism. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -39 Establishing Improvement Project No. 2006 -11, Central Storage Facility p g Improvements nts and Awarding a Professional Services Contract for Architectural Services. Motion passed unanimously. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:49 p.m. Motion passed unanimously. J City Clerk Mayor 03/13/06 9