HomeMy WebLinkAbout2006 04-24 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
APRIL 24, 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, Assistant City
Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, Police Chief
Scott Bechthold, and Deputy City Clerk Camille Worley.
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
Mayor Kragness 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, 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, Community Development Director Brad Hoffman, Planning and Zoning Specialist
Ron Warren, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Deputy City
Clerk Camille Worley.
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5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember O'Connor stated she attended the Shingle Creek Clean Up and spent some time
on the pond around City Hall. She stated she attended the Park and Recreation Commission
meeting where they discussed reserve fees.
Councilmember Lasman stated she attended the Shingle Creek Clean Up where a lot of refuse
was picked up. She reminded residents that there will be a special materials drop off on May 6 1 `
in Brooklyn Park for Brooklyn Center, Brooklyn Park, and Crystal residents to use.
Councilmember Carmody stated she attended the Housing Commission meeting where questions
needing clarification were raised. She requested that it be placed on the Work Session agenda.
She stated she attended the Police and Citizens Awards Ceremony where many attended and
were recognized for assistance to the Police Department and the recent storm. She stated she
attended the Watershed meeting where capital improvement listed projects were discussed. She
stated she attended the Shingle Creek Clean Up where she collected refuse from her canoe.
Councilmember Niesen stated she met with Greg Moore, Executive Director of the Northwest
Suburbs Cable Communications Commission, who is very knowledgeable about the
organization. She stated she attended the Legislative Breakfast on Saturday April 22, 2006. She
discussed property taxes and stated concern for the rate in which they are rising. She stated those
in attendance had agreed to create a bulleted list of concerns regarding property tax issues and
submit to the North Metro Mayors Association.
Mayor Kragness stated she attended the Police and Citizens Awards Ceremony where she was
impressed with the over 75 commendations and awards given. She discussed some of the group
certificates, commendations and other awards. She stated the Police Department and the family
of a youth killed came together to form an award for citizenship in and around schools.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent
agenda and agenda as amended, with amendments to the April 10, 2006 — Regular Session
meeting minutes and the following consent items were approved as amended:
7a. APPROVAL OF MINUTES
1. April 10, 2006 — Study Session
2. April 10, 2006 — Regular Session
3. April 10, 2006 — Work Session
7b. LICENSES
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MECHANICAL
Automatic Garage Door & Fireplace 8900 109 Ave N, Champlin
Harris Companies 909 Montreal Circle, St. Paul
Kalmes Mechanical 15440 Silverado St NW, Andover
Knight Heating & A/C 13535 89 Street NE, Otsego
Marsh Heating & A/C 6248 Lakeland Ave N, Brooklyn Park
Sedgwick Heating & A/C 8910 Wentworth Ave S, Minneapolis
MOTOR VEHICLE DEALERSHIP
Iten Chevrolet Company 6701 Brooklyn Boulevard
SIGNHANGER
All Brite Sign Inc 13325 Commerce Blvd, Rogers
Lawrence Sign 945 Pierce Butler Route, St. Paul
Nordquist Sign Co 312 West Lake Street, Minneapolis
RENTAL
Renewal
3601, 3613 & 3713 47 Ave N (3 bldgs, 33 Units) Drew Kabanuk
3 DISTURBING PEACE
341362 d Ave N (Single Family) Mai Thuong Nguyen
NONE
Garden City Court (3407 -17 65 Ave N) Virginia Podineks
7 DISTURBING PEACE
6037 Brooklyn Center (1 Bldg, 11 Units) N B Properties LLP
1 OBSTRUCTING JUSTICE
6213 Chowen Ave N (Single Family) Nazneen Khatoon
NONE
5006 France Ave N (Single Family) Michael Mohs
NONE
5200 France Ave N (Two Family) Christian Knutson
NONE
7113 Halifax Ave N (Single Family) Linda & Bruce Schoenberger
NONE
1513, 1549 Humboldt Place N (Single Family) Suburban Properties
1 AUTO THEFT
(There were no calls for the following properties)
4207 Lakeside Ave N #320 (Single Family) Heinz Pollinger
7030 Newton Ave N (Single Family) Malcolm Vinger II
5328 -30 Queen Ave N (Two Family) Chad & Amy Bucher
5306 Russell Ave N (Two Family, 1 Unit) Donna Reinarz
7240 West River Road (1 Bldg, 7 Units) Nedzad Ceric
5207 Xerxes Ave N (1 Bldg, 12 Units) Dennis Bona
Initial
(There were no calls for the following properties)
3612 58 1/2 Ave N (Single Family) Selena Lee
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4957 Brooklyn Blvd (Single Family) Abraham Malobe
7211 Camden Ave N (Single Family) David Berhanu
6626 Camden Drive N (Single Family) Jeremy Sutton
5701 Emerson Ave N (Single Family) Kevin Saunders
5137 & 39 France Ave N (Two Family) Matthew May
5525 James Ave N (Single Family) Jay Braegelmann
6103 Xerxes Ave N (Single Family) Tommy Xiong
7c. RESOLUTION NO. 2006 -50 ACCEPTING BID AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NOS. 2006 -01, 02, 03, AND 04,
CENTERBROOK AREA NEIGHBORHOOD STREET, STORM
DRAINAGE, AND UTILITY IMPROVEMENTS
7d. RESOLUTION NO. 2006 -51 AUTHORIZING AN AMENDMENT TO A
SITE LEASE AGREEMENT WITH NEXTEL WEST CORPORATION
7e. RESOLUTION NO. 2006 -52 ACCEPTING QUOTATION AND
AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2006 -09,
CONTRACT 2006 -C, 2006 REFORESTATION OF 2005 STREET
IMPROVEMENT PROJECT AREAS
7f. RESOLUTION NO. 2006 -53 DESIGNATING 2006 PLANTING LIST OF
ALLOWABLE BOULEVARD TREE SPECIES
Motion passed unanimously.
8. COUNCIL CONSIDERATION ITEMS
8a. PLANNING COMMISSION APPLICATION NO. 2006 -003 SUBMITTED BY
DALE HARTMAN REQUESTING A SPECIAL USE PERMIT TO CONDUCT A
HOME OCCUPATION IN THE GARAGE AT 6301 BROOKLYN DRIVE. THE
PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS
APPLICATION AT ITS APRIL 13, 2006, MEETING.
City Manager Michael McCauley explained that the application is for a home cabinet making
business with hours of operation from 8:00 a.m. to 5:00 p.m. He stated the Planning Commission
conditions should reflect the correct hours of operation. He stated the Planning Commission
recommended approval of the application.
Councilmember Niesen asked about the potential noise impacts and if the brother resides on the
property.
Planning and Zoning Specialist Ron Warren clarified that the brother is not a resident of
Brooklyn Center however will be helping with the business.
Councilmember Niesen stated concern for noise. Mr. McCauley responded that the permit could
be revoked if the noise were to be found to be a nuisance.
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Mr. Warren stated notices were sent to the properties within a 150 foot radius.
Councilmember Carmody moved and Councilmember Lasman seconded to approve Planning
Commission Application No. 2006 -003 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 and an occasional non - resident employee. 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.
8b. RESOLUTION NO. 2006 -54 RECOGNIZING THE DESIGNATION OF
BROOKLYN CENTER AS A TREE CITY USA FOR THE FOURTEENTH
CONSECUTIVE YEAR; AND A PROCLAMATION DECLARING APRIL 28,
2006, ARBOR DAY AND MAY 2006 ARBOR MONTH IN BROOKLYN CENTER
Mayor Kragness read the Resolution Recognizing the Designation of Brooklyn Center as a Tree
City USA for the Fourteenth Consecutive Year in its entirety.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006 -54 Recognizing the Designation of Brooklyn Center as a Tree City
USA for the Fourteenth Consecutive Year.
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Motion passed unanimously.
Mayor Kragness read the Proclamation Declaring April 28, 2006, Arbor Day and May 2006
Arbor Month in Brooklyn Center in its entirety.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of a
Proclamation Declaring April 28, 2006, Arbor Day and May 2006 Arbor Month in Brooklyn
Center.
Motion passed unanimously.
8c. RESOLUTION NO. 2006 -55 RESCINDING CERTIFICATION OF SPECIAL
ASSESSMENTS AGAINST CERTAIN PROPERTIES FOR UNPAID UTILITY
CHARGES
Mr. McCauley stated there are seven properties that are in the process of being sold and would
like to rescind the assessment of unpaid utility charges. He discussed the process of assessments
against properties for unpaid utility charges.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006 -55 Rescinding Certification of Special Assessments against Certain
Properties for Unpaid Utility Charges.
Motion passed unanimously.
8d. PROCLAMATION DECLARING MAY 14-20,2006, TO BE POLICE WEEK
Mayor Kragness read the Proclamation Declaring May 14 -20, 2006, to be Police Week in its
entirety.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
Proclamation Declaring May 14 -20, 2006 to be Police Week.
Motion passed unanimously.
8e. RESOLUTION NO. 2006 -56 ORDERING THE CORRECTION OF HAZARDOUS
CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC
NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE
AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE
LOCATED AT 6842 WEST RIVER ROAD, BROOKLYN CENTER,
MINNESOTA, 55430
Mr. McCauley stated the property has an excavated basement along with accessory structures
and debris. He stated it will take several months to complete the next step if the owner of the
property does not remedy the situation before the deadline. He stated the City is not in control of
the property at this time.
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Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006 -56 Ordering the Correction of Hazardous Conditions and Further for
the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and
Statutory Violations with Respect to that Real Estate Located at 6842 West River Road,
Brooklyn Center, Minnesota, 55430.
Motion passed unanimously.
8f. RESOLUTION NO 2006 -57 APPROVING AN APPLICATION TO THE
HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND
Mr. McCauley stated Hennepin County has provided funding for three environmental
investigations of the EDA's Logan and 57 Redevelopment site, including a Phase I and two
Phase II site investigations.
Councilmember O'Connor asked why the City does not dig out the polluted land. Mr. McCauley
responded the tank on the old dry cleaner property was removed however further pollution could
have occurred and the proposed testing is to determine the pollution control needs.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006 -57 Approving an Application to the Hennepin County Environmental
Response Fund.
Councilmember O'Connor stated the City should not take money from Hennepin County.
Councilmember O'Connor voted against the same. Motion passed.
8g. RESOLUTION NO. 2006 -58 EXPRESSING APPRECIATION FOR STORM
EMERGENCY FINANCIAL ASSISTANCE FROM HENNEPIN COUNTY
Mayor Kragness read the Resolution Expressing Appreciation for Storm Emergency Financial
Assistance from Hennepin County in its entirety.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006 -58 Expressing Appreciation for Storm Emergency Financial
Assistance from Hennepin County.
Councilmember O'Connor stated the City should not take money from Hennepin County.
Councilmember O'Connor voted against the same. Motion passed.
8h. RESOLUTION NO. 2006 -59 ALLOCATING STORM EMERGENCY
FINANCIAL ASSISTANCE FROM HENNEPIN COUNTY
Mr. McCauley explained that changes in air emissions equipment requirements are expected to
increase the costs of vehicle replacements in the range of $8,000 to $10,000 per vehicle. He
stated the City will need to increase Central Garage charges to provide additional funds for
replacement. He stated however, in the short term, the City will need an infusion of additional
funds to replace vehicles.
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Councilmember Carmody moved and Councilmember Niesen seconded adoption of
RESOLUTION NO. 2006 -59 Allocating Storm Emergency Financial Assistance from Hennepin
County.
Motion passed unanimously.
8I. PRESENTATION ON 2006 CODE ENFORCEMENT SWEEP
Police Chief Scott Bechthold presented a PowerPoint presentation highlighting the Strategy and
schedule for 2006, and a review of letters and citations issued in 2003 -2005, during the sweeps
and during the rest of each of those years. Among the highlights were the following expectations:
respond within 3 business days to complaints, Weekly Crime Reduction Strategy review to
include review of code enforcement, monthly code enforcement reports during sweep, quarterly
sweeps of all four sections of the City for parking violations, and focus on chronic and problem
properties.
The Police Chief and the City Council discussed the checks and balances of the Code
Enforcement.
Councilmember Carmody suggested that Code Enforcement education be done more often.
Councilmember Lasman asked if more Police Officers would be looking for the problem areas.
Chief Bechthold stated unfortunately no, the primary focus for the Officers is to respond to calls
along with other law enforcement.
Councilmember Niesen stated concern that the owner of properties which are rented may not be
as available to talk to before citations are issued as those who own and occupy their property.
9. ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City
Council meeting at 8:41 p.m.
Motion passed unanimously.
City Clerk Mayor
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