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HomeMy WebLinkAbout2006 03-27 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 27, 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 6:47 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, Assistant City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Police Chief Scott Bechthold, City Attorney Mary Tietjen, and Deputy City Clerk Camille Yungerberg. Myrna Kragness opened the meeting for the purpose of Informal Open Forum. Allan Hancock, 5520 Fremont Avenue N, stated interested in the election process in conjunction with current legislative bills. He stated there are some legislative bills that are related to local elections that should be reviewed by the City. He discussed the Instant Runoff Voting process and stated it would save the City money and save them from not having extra elections. He stated other states have had success with this method and asked that the City Council become familiar with the current legislative bills that will effect the local elections in Brooklyn Center. Mr. McCauley explained that the City conducts a Primary Election to narrow down the candidates. He stated with the proposed system, a Primary Election would not be necessary; however the list of candidates would be lengthy. Wayne Paulson, 5330 Colfax Ave N, asked what the ruling is on the garbage cans being left on the curbs for weeks at a time. He stated concern that the City looks poor with the garbage cans sitting outside. He stated he has called the City and nothing has been done. Mayor Kragness asked that Chief Bechthold look into the situation. Informal Open Forum closed at 6:55 p.m. 03/27/06 1 2. INVOCATION Mayor Kragness requested a moment of silence. 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, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Police Chief Scott Bechthold, City Attorney Mary Tietjen, and Deputy City Clerk Camille Yungerberg. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody stated she attended the Earle Brown Days Committee meeting. She stated she attended the Northwest Hennepin Human Services Council Human Rights Art Show and pointed out the winners displayed behind the City Council. She stated the theme was "Rights Rock." Councilmember Lasman stated on March 15 she attended the Crime Prevention Program where a remin der was 19 given that the Citizen and Police Award Ceremony will take lace on April 19 g Y p p , in Constitution Hall and the Crime Prevention Golf Tournament will be held at Centerbrook Golf Course on May 19 She stated on March 22 °d , she also attended the Northwest Hennepin Human Services Council Human Rights Art Show where two th students from Brooklyn Center received honorable mentions. She stated on March 25 , she attended a Riverwood Neighborhood Block Watch Association meeting to discuss issues in the City and their neighborhood. She encouraged other neighborhoods to start Block Watch programs. Councilmember O'Connor stated she attended the Legislative Meeting on March 8 on eminent domain. She stated she attended the Park and Recreation meeting where the central storage facility and golf course study were discussed. She stated the Central Park Ball Field lights are almost done. She stated they discussed central use fees that are used by surrounding cities. She stated the Park and Recreation Committee agreed to clean up Marlin and Lakeside Parks. She stated the Shingle Creek clean up is on April 22 °a . She stated she attended the League of Cities meeting in Washington, D.C. where she expressed concern for the deficit at the federal level, and issues with Social Security, Medicare and Medicaid. 03/27/06 2 Mayor Kragness stated there is a Teen Drug Awareness seminar at Prince of Peace Lutheran Church in Brooklyn Park on Tuesday, April 18 at 6:30 p.m. She encouraged parents to attend the seminar with their teenagers. She announced an invitation to Elder Wisdom Children's Song, a celebration of the history and diversity of the Brooklyn Center community by the sixth grade class of the Earle Brown Elementary on Thursday March 30 at 1:15 p.m. with reception to follow in the cafeteria. She stated the Northwest Suburban Remodeling Fair is Saturday, April 1 from 9:00 a.m. to 3:00 p.m. She stated Graydon Boeck is in the hospital and had triple bypass surgery and wished him a speedy recovery. 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. 9d. Resolution Establishing City Council Code of Policies and Repealing Previous Resolutions and Motions in the Form of Policy Statements until the April 10, 2006, Regular Meeting and amendments to the March 13, 2006 — Study Session and March 13, 2006 — Regular Session minutes as discussed in the Study Session and the following consent items were approved: 7a. APPROVAL OF MINUTES — Councilmember O'Connor abstained from the vote on the minutes, as she was absent and excused from the March 13, 2006 meeting. 1. March 13, 2006 — Study Session 2. March 13, 2006 — Regular Session 3. March 13, 2006 — Work Session 7b. LICENSES MECHANICAL Air Corps, LLC 3700 Annapolis Ln, Plymouth Associated Mechanical 1257 Marshall Road, Shakopee Benck Mechanical 628230 th Ave, Somerset Centerpoint Energy 13562 Central Ave, Anoka Centraire 7402 Washington Ave, Eden Prairie C O Carlson 34492 "d Street N, Minneapolis Conrad Mechanical 14400 James Road, Rogers Corporate Mechanical 5114 Hillsboro Ave, New Hope Cronstroms 6437 Goodrich Ave, St. Louis Park Ditter Cooling & Htg 820 Tower Drive, Hamel D. J.'s Heating & Air 6060 LaBeaux Ave, Albertville Excel Air Systems 2075 Prosperity Rd, Maplewood Fore Mechanical 6520 88 Ave NE, Blaine Golden Valley Hearint & Air 13405 15 Ave, Plymouth Heating & Cooling Two 18550 Cty Road 81, Osseo Home Energy Center 15200 25 Ave N, Plymouth Knott Mechanical 710 Pennsylvania Ave, Golden Valley LBB Mechanical 315 Royalston Ave, Minneapolis 03/27/06 3 McDowall Company P O Box 1244, St. Cloud M & D Plumbing & Heating 11050 26 Street NE, St. Michael Metropolitan Mechanical 7340 Washington Ave S, Eden Prairie Modern Heating & Air 2318 First Street NE, Minneapolis New Mech Co 1633 Eustis Street, St. Paul Niemela's Signs & Graphics 1056 E Cliff Road, Burnsville On Site Mechanical 7900 Halstead Dr, Minnetrista Practical Systems 4342B Shady Oak Rd, Hopkins Quality Refrigeration, Inc. 6237 Penn Ave So, Richfield Ray Welter Heating Co 4637 Chicago Ave, Minneapolis Riccar 2387 Station Parkway, Andover River City Sheet Metal Inc. 8290 Main Street NE, Fridley Ron's Mechanical 412085 1h Ave N, Brooklyn Park Schadegg Mechanical, Inc. 225 Bridgepoint Dr, So St Paul Sharp Heating & Air Cond 7221 University Ave NE, Fridley Solid Refrigeration LLC 1125 American Blvd E, Bloomington Standard Heating 410 West Lake Str, Minneapolis St. Marie Sheet Metal, Inc. 940 Spring Lake Park Rd, Spring Lake Park Suburban Air Cond Co 1290 Osbourne Rd NE, Fridley Thelen Heating & Roofing 1717 13 Street SE, Brainerd Thermex Corporation 3529 Raleigh Ave S, Minneapolis Total Refrigeration 949 So Concord Street, So St. Paul UHL Company 9065 Zachary Lane, Maple Grove Utility Partners 9901 Indigo Trail, St. Paul Wencl Services 8148 Pillsbury Ave S, Bloomington Wenzel Heating & Air Con 4131 Old Sibley Mem Hwy, Eagan Yale Mechanical 9649 Girard Ave So, Minneapolis RENTAL Renewal Marvin Garden Townhomes (9 bldgs, 52 Units) Redevco Marvin Garden Ltd 3614 -16 50th Ave N (1 bldg, 3 units) Kjirsten Bjerke - Keenan 1706 71st Ave (Single Family) Patricia Sandeen 3819 France Place (Single Family) Robert Lindahl 6804 Fremont Place (Single Family) Dwight Buckner 6821 Noble Ave N (Single Family) Reuben Ristrom 6825 Scott Ave N (Single Family) Douglas Pederson 3206 Thurber Road (Single Family) Mainsl Properties 4809 -11 Twin Lake Ave N (1 bldg, 6 units) Curtis Erickson Initial 5424 70th Circle (Single Family) Mikal Harris 6324 Scott Ave N (Single Family) Benson Vang 03/27/06 4 SIGNHANGER Amtech Lighting Services 6077 Lake Elmo Ave, Stillwater Crosstown Signs 16307 Aberdeen Str NE, Ham Lake Install This Awning & Sign 53454 1h Str, Brooklyn Center Signart Inc 2170 Dodd Road, Mendota Heights Spectrum Sign Systems, Inc. 2025 Gateway Cir, Centerville TOBACCO Grand St. Paul CVS, LLC dba CVS Pharmacy 5801 Brooklyn Boulvard 7e. RESOLUTION NO. 2006 -40 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2006 -05, 06, 07, AND 08, CONTRACT 2006 -B, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 7d. RESOLUTION NO. 2006 -41 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005 -09, CONTRACT 2005 -D, LIFT STATION NOS. 7 AND 10 CONTROL CABINETS AND SECURITY IMPROVEMENTS 7e. RESOLUTION NO. 2006 -42 ACCEPTING BID AND AUTHORIZING AWARD OF A CONTRACT, IMPROVEMENT PROJECT NO. 2006 -10, 2006 STREET SEAL COATING Motion passed unanimously. 8. PRESENTATION Councilmember Carmody pointed out the artwork from the Northwest Hennepin Human Services Council Annual Art Contest located on the wall behind the City Council. 9. PUBLIC HEARINGS 9a. RESOLUTION NO. 2006 -43 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS FOR 7112 HALIFAX AVENUE NORTH TO THE HENNEPIN COUNTY TAX ROLLS City Manager Michael McCauley stated the item was tabled and continued to this meeting and documentation on the situation has been included in the City Council packet. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing on Resolution Certifying Special Assessments for Delinquent Weed Removal Costs for 7112 Halifax Avenue North to the Hennepin County Tax Rolls. Motion passed unanimously. 03/27/06 5 No public input was offered. Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -43 Certifying Special Assessments for Delinquent Weed Removal Costs for 7112 Halifax Avenue North to the Hennepin County Tax Rolls. Motion passed unanimously. 9b. 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 Staff has identified several issues with respect to enforceability. He stated comments were received and forwarded to the City Council in regard to this matter. He stated the City had issued three times the citations so far in 2006 that were issued in the same period in 2005. He stated Staff is exploring possible alternatives to address the concerns the City is having such as towing junk cars. He stated enforcement of current ordinances might be more productive than the proposed ordinance. Mayor Kragness stated she received concern regarding entertaining and violating the ordinance. She referenced the current ordinance that allows for short term exceptions to the parking ordinances if the circumstances are submitted to the Police Department at least two hours before the event. Mr. McCauley responded by explaining that the proposal is related to Chapter 19 which is different than parking in Chapter 27. He stated the language that is before the City Council does not contain that type of exception for temporary situations. Chapter 19 is a nuisance ordinance not a parking regulation. He stated it is not anticipated that the City would allow for temporary use as opposed to suspension of parking regulations and or Chapter 19. Chief Bechthold stated citations have increased because the Police Department has taken a more aggressive approach to enforcement. He stated in the past, the enforcement strategy has been to seek voluntary compliance through issuance of warnings. He stated now, when there are immobility factors present, the Police Department moves for immediate citation. Mr. McCauley explained a situation where the City has issued orders and has been prosecuting a property owner. He continued to explain that the building then caught fire and the City proceeded to the court process to have the building removed. He explained that when the building was removed, the hole was not filled, so the City again took action to have the hole filled. He explained that after the property owner did not appear in court, he was arrested and appeared in court in the past couple of weeks where the judge fined them $50.00, all while the trash remains on the property and the hole is still in the ground. He explained that the City spent 03/27/06 6 I hundreds of dollars pursuing the issue and in the end the property owner was only charge $50.00. Councilmember Carmody moved and Councilmember Lasman seconded to open the Public Hearing on 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. Motion passed unanimously. Jeff Lewis, 5732 Knox Avenue, explained that having on the property: snowmobiles, a work vehicle, and various classic and personal cars will put him over the limit of six vehicles. He asked if he would be allowed to install a second driveway and if he would be cited for having visitors. He stated concern that large families are being discriminated against. He stated concern that this topic is driven by one resident who is having trouble with a neighbor and that resident should address his personal concerns and not punish the entire City. He stated he feels offended by this ordinance and stated objection to the amount of time being consumed by the Police Department for enforcement. He stated his passion for classic cars is installing values in his children that keep them from negative influences. Valarie Nordstrom, 4820 69` Ave N, stated the present ordinances should be enforced before new ones are created. She distributed a list of concerns to the City Council. Doug Peter, 307 70 Ave N, representing the property at: 5331 Lyndale Ave N stated concern with the excessive amount of cars that have not been moved for almost a year, some of which have been burned. He stated the aesthetic effects of this problem are bad for the image of the City. He stated the trailer in particular is affecting the entry of his mother's property. Jane Sandberg, 3413 Woodbine Lane, stated she is a 30 year resident of the City and has remodeled their home in order to stay in the City. She stated they will not remain in the City due to the noise of the neighborhood and the amount of cars stored on the properties. She stated concern for a home in her neighborhood that has many cars stored outside. She stated many things are involved with the cars parked on the property such as early morning noise, cars running for long period of times, and littering. She stated she has to warn their visitors that their home is noisy due to neighbors and their cars parked outside. She stated she has tried to speak to the neighbors about it; however there is a language barrier. Mayor Kragness suggested using the police officer whom speaks Spanish to assist in interpretation. Councilmember Niesen asked how many vehicles Ms. Sandberg's garage holds. Ms. Sandberg stated her recently remodeled garage holds five to six vehicles. Wayne Paulson, 5330 Colfax Ave N, stated many homes in the City have one short driveway, accommodating only three vehicles. He described scheduling conflicts with the vehicles in the driveway due to the size of their driveway. He offered a solution that allows for one car to be parked in the grass, which would allow him to have four cars on his property. He stated he allows his neighbor's visitors to park on his driveway. He stated some repair shops should only be allowed to have 10 cars parked on the property over night. 03/27/06 7 Paula Champagne, 6436 Kyle Ave N, inquired as to how many calls came to the City Council regarding the situation. She suggested that particular situations be allowed a variance to be able to park more than four cars. She stated the homes in the City were not built for large families. She stated there is not enough time for one Code Enforcement Officer to handle all situations. She stated the City can not easily control the living situations inside the home, however the City can regulate what is on the outside of the property. She stated she is saddened by the changes in Brooklyn Center. Todd Cameron, 7025 Morgan Ave N, explained that he has several vehicles for his business and various snowmobiles and a trailer and residents should be allowed to have as many vehicles as they wish as long as they are operable and licensed. Steve Sather, 6413 Quail Ave N, stated he is not opposed to vehicles in the driveway; however there should be regulations to protect the appearance of the neighborhoods. He stated concern with the enforcement of various items lying on the outside of properties. Sherry Higgins, 6312 Indiana Ave, stated approval for the ordinance and stated people should have respect for the appearance of their homes and neighborhoods. She stated if vehicles are not being used or if they are recreational, residents should find a storage facility. Wileen Reupke, 6425 Quail Ave N, stated she is a 30 year resident of the City. She stated concern for residential modifications without permits including new driveways. She stated concern that the permit requirements are not consistent. She stated concern for the number of people living in some of the homes in Brooklyn Center. Anthony Kresel, 3606 Urban Ave N, stated there are 7,207 single families in the City, all of which are not being represented at the public hearing. He stated he does not think there is a problem with the amount of vehicles on the properties. Mrs. Robert Niznik, 6318 Indiana Ave, stated concern that the streets of the City look like parking garages and the City is beginning to look like Lake Street. Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman stated she has received mostly support for the change. She stated she is not ready to move on the ordinance tonight because more information is needed on guest parking. She stated additional work should be done to the ordinance before it is approved. Councilmember Niesen stated her family has lived in the City for 20 years and there have been changes. She stated she has driven around the City to look at the neighborhoods, where she found issues in every neighborhood. She stated her family has six licensed drivers. She stated there are other issues besides just the number of vehicles. 03/27/06 8 Councilmember Carmody stated recreational vehicles have been discussed at the Housing Commission level. She stated she is not comfortable passing an ordinance that is poorly written and would rather target those properties of concern. Councilmember Carmody moved and Councilmember Lasman seconded a motion to table the 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 for more discussion and study. Mayor Kragness stated concern that an ordinance would be added that Staff and the Police Department are not able to enforce. She stated she would rather enforce the current ordinances at this time because the proposed ordinance needs further revision and discussion. She stated stronger enforcement of the current laws will make a big difference. Councilmember O'Connor voted against the same. Motion passed. Mayor Kragness thanked those who attended the public hearing to express their concerns. Councilmember Lasman invited those in attendance to continue their input on the matter. Councilmember Lasman stated her concern is for the parking of guests and asked how much time is needed to gather information on changes to accommodate guest parking. Mr. McCauley stated information could be gathered before the next City Council meeting on the guest parking issue, however if additional information is desired, more time may be needed. Councilmember Niesen suggested that the item be discussed at a Work Session. Councilmember Carmody moved and Councilmember Lasman seconded a motion bringing the item back for review at the April 10, 2006, Study Session while Staff collects further information. Councilmember O'Connor voted against the same. Motion passed. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2006 -44 EXPRESSING RECOGNITION AND APPRECIATION OF DONN ESCHER Mayor Kragness read the Resolution Expressing Recognition and Appreciation of Donn Escher in its entirety. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -44 Expressing Recognition and Appreciation of Donn Escher. 03/27/06 9 Councilmember Carmody mentioned many of Donn Escher's accomplishments and contributions to the City. Motion passed unanimously. 10b. PROCLAMATION DECLARING APRIL 2006 AS CHILD ABUSE AND NEGLECT PREVENTION MONTH Mayor Kragness read the Proclamation Declaring April 2006, as Child Abuse and Neglect Prevention Month in its entirety. Councilmember Lasman moved and Councilmember Carmody seconded to adopt the Proclamation Declaring April 2006 as Child Abuse and Neglect Prevention Month. Motion passed unanimously. 10c. PROCLAMATION DECLARING APRIL 2 -8, 2006, TO BE COMMUNITY DEVELOPMENT WEEK Mayor Kragness read the Proclamation Declaring ril 2 -8, 2006, to be Community g p Y Development Week in its entirety. Councilmember O'Connor stated the proclamation is a waste of time because the employee's are paid to do the job. Mr. McCauley responded the proclamation is in honor of employee recognition. Councilmember Lasman moved and Councilmember Carmody seconded to adopt the Proclamation Declaring April 2 -8, 2006, to be Community Development Week. Councilmember O'Connor voted against the same. Motion passed. 10e. RESOLUTION NO. 2006 -45 AUTHORIZING SUBMISSION OF PROJECTS TO THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION 2007 -2009 CAPITAL IMPROVEMENT PROGRAM Mr. Blomstrom discussed and outlined aspects of the following two projects: Twin Lake Water Quality Improvements — Wetland 639W and Shingle Creek Stream Bank Stabilization and Restoration. Councilmember Carmody inquired about the recent Brooklyn Park project. Mr. Blomstrom responded that the Brooklyn Park project was the first capital project taken on by the Mississippi Watershed Management Commission. 03/27/06 10 Councilmember Lasman inquired about repairing vegetation around the wetland where people have mowed. Mr. Blomstrom responded it is to reestablish the bank and the vegetation. The project will include planting and seeding and getting the vegetation established. Councilmember O'Connor asked where the phosphorus is coming from and if the windshield washer fluid from the airplanes is going into the water. Mr. Blomstrom explained that phosphorus is the most common form of pollution in Minnesota wetlands. He stated he is not aware of the deicing compounds getting into the creek. Councilmember O'Connor responded if we stop putting the phosphorus into the creek, this would take care of its self. She stated stop polluting and the City wouldn't have to spend money cleaning it up. Councilmember Niesen moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006 -45 Authorizing Submission of Projects to the Shingle Creek and West Mississippi Watershed Management Commission 2007 -2009 Capital Improvement Program. Councilmember O'Connor voted against the same. Motion passed. 10. ADJOURNMENT Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City Council meeting at 9:03 p.m. Motion passed unanimously. City Clerk v Q Mayor 03/27/06 11