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HomeMy WebLinkAbout2005 01-24 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 JANUARY 24, 2005 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 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 Acting City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. No one appeared before Informal Open Forum. 2. INVOCATION A moment of silence was offered for 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 7:02 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Acting City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 01/24/05 -1- 6. COUNCIL REPORT Councilmember Lasman reported that she attended the January 13 and January 20 Special Events/Birthday Party /Community Organization Events meeting, and that the City's Birthday Party Celebration would be held on February 5 at the Earle Brown Heritage Center. She also attended the January 15 Legislative Town Meeting held by Senator Scheid and Representatives Nelson and Hilstrom, and that event was well attended. She attended the Park and Recreation Commission meeting on January 18. On January 19 she attended the Crime Prevention meeting and noted that on February 23 and February 24 there would be police town meetings held in the Phil Cohen Room at the Community Center. Councilmember O'Connor reported that she attended the January 18 Housing Commission meeting. She reviewed the items that the Housing Commission was working on for 2005, including the senior housing project, housing in the Opportunity Site area, and a potential meeting with the Planning Commission. Mayor Kragness announced that there are openings on the Housing, Financial, and Charter Commissions. She reported that on January 25 from 5:30 to 6:30 p.m. at the Brooklyn Center Community Center there would be a Heart Off the Hill meeting sponsored by the American Heart Association, and both Senator Scheid and Representative Hilstrom would be present. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda with the amendment of moving Item Nos. 7d, 7e, 7f, and 7g to Council Consideration Items as Item Nos. l Oh, I Oi, l Oj, and l Ok, and to remove from the license approvals the Pines Apartments for further information to be provided at the next meeting, and amend the January 10, 2005, City Council Study Session minutes as follows: Page 3, Paragraph 5, should read as follows: Councilmember O'Connor inquired if the Planning Commission advises the City Council and the Council makes final decisions. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the January 10, 2005, Study Session minutes as amended and the January 10, 2005, Regular Session minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses: 01/24/05 _2- SIGNHANGER Twin Cities Sign Images, Inc. 17201 113 Ave N, Dayton MECHANICAL Facilitech 7807 Creekridge Circle, Minneapolis Kalmes Mechanical Inc 15440 Silverod St NW, Andover RENTAL Renewal 6130 -6242 France Ave N Ewing Square Associates Ewing Square Townhomes 1 assault; I disturbing peace 5637 & 5639 Girard Ave N Earl & Evalyn Krueth 0 calls for service 6740 & 6861 Grimes Place The Gaughan Properties Victoria Townhomes 10 disturbing peace 5836 Xeres Ave N James Waters 0 Calls Initial 5407 67th Ave N Charles Solliday 0 Calls 6012 Colfax Ave N Kent Roers 0 calls 5315 Fremont Ave N David Barnhart 2 disturbing peace 5408 Girard Ave N Jenna Nepper (Gardner Properties) 0 calls 5332 Lilac Drive N Mark Lundberg 0 calls 6443 Marlin Drive N Trevor Tjelmeland 0 Calls Motion passed unanimously. 01/24/05 -3- 7c. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2004-12, CONTRACT 2004 -F, LIFT STATION NOS. 5 AND 6 CONTROL CABINET REPLACEMENT RESOLUTION NO. 2005 -18 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2004-12, CONTRACT 2004 -F, LIFT STATION NOS. 5 AND 6 CONTROL CABINET REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2005-01,02,03 AND 04, LIONS PARK SOUTH NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS This item was removed from the Consent Agenda and placed under Council Consideration Items as Item No. l Oh. 7e. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2005 -01 AND 02, CONTRACT 2005 -A, LIONS PARK SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS This item was removed from the Consent Agenda and placed under Council Consideration Items as Item No. I Oi. 7f. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER FIRE RELIEF ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT REF'S SPORTS BAR, 2545 COUNTY ROAD 10, BROOKLYN CENTER, MINNESOTA This item was removed from the Consent Agenda and placed under Council Consideration Items as Item No. l Oj. 01/24/05 -4- 7g. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER FIRE RELIEF ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT COYOTE GRILLE, 2101 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA This item was removed from the Consent Agenda and placed under Council Consideration Items as Item No. I Ok. 8. PUBLIC HEARING ITEMS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 71ST AVENUE NORTH AND BROOKLYN BOULEVARD) Mayor Kragness introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of Brooklyn Boulevard and 71st Avenue North). She explained that the final plat had not been recorded. Acting City Manager Curt Boganey explained that this was a second reading and Public Hearing for the purpose of rezoning land owned by the Osseo School District intended for use as an adult education facility. The rezoning was approved by the City Council on November 8, 2004. The City is still waiting for the final plat approval before adopting this Ordinance. It is recommended that following the Public Hearing the City Council table this Ordinance to the February 14, 2005, City Council meeting. A motion by Councilmember Carmody, seconded by Councilmember Lasman to re -open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember O'Connor to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember O'Connor to continue the Public Hearing to February 14, 2005, and table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 71 st Avenue North and Brooklyn Boulevard). Motion passed unanimously. 8b. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LANG ADDITION, REPLAT OF BLOCK 2 LANG ADDITION AND CENTER BROOK ADDITION 01/24/05 -5- Mayor Kragness introduced An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition and Center Brook Addition and explained that this Ordinance vacation is similar to Item No. 8a. Acting City Manager Curt Boganey explained that this Ordinance vacation is related to the same property as in Item No. 8a and said this Ordinance would vacate certain portions of drainage and utility easements within the property near the southwest corner of 71 st Avenue and Brooklyn Boulevard. He explained that Independent School District 279 has requested that these easements be vacated to allow development of the property as part of the final plat for Osseo Schools Willow Lane addition. He further explained that since the final plat has not been submitted by Osseo Schools, it is recommended that this Ordinance vacation be tabled to the February 14, 2005, City Council meeting. A motion by Councilmember Lasman, seconded by Councilmember Carmody to the open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Lasman to continue the Public Hearing to February 14, 2005, and table An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition and Center Brook Addition. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2005-001 SUBMITTED BY GLENN KURKE. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME OCCUPATION THAT WILL INVOLVE CUSTOMER TRAFFIC AT 6021 BRYANT AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JANUARY 13, 2005, MEETING. Mayor Kragness introduced Planning Commission Application No. 2005 -001 submitted by Glenn Kurke requesting a Special Use Permit approval to conduct a home occupation. Acting City Manager Curt Boganey explained that the applicant, Mr. Glenn Kurke, is requesting a Special Use Permit to conduct a home occupation at 6021 Bryant Avenue North for the manufacture of specialty guns. A Public Hearing was held by the Planning Commission, and the matter was considered at its January 13, 2005, meeting and recommended for approval with conditions set by the Planning Commission. Councilmember Lasman inquired about the definition of specialty rifles. 01/24/05 -6- The applicant, Glenn Kurke, 6021 Bryant Avenue North, addressed the Council and explained that he manufactures a limited production of rifles for sporting and target use. They are one pull or one bullet semi - automatic. He also explained that he manufactures approximately three to five per month and they are made from kits. He does build them by hand but does not mass produce them; and each gun is manufactured based on the individual's requests. He explained that the ammunition that he keeps in his home is for his own use and he does not sell it. Councilmember Lasman asked that a ninth condition be added to the eight Planning Commission Conditions that were recommended. She is requesting that annual certification from the applicant be added as a condition. City Attorney Charlie LeFevere suggested the following condition: The applicant shall report annually to the Community Development Department that he continues to be in compliance with the foregoing conditions and shall provide such additional information as the Community Development Department may require to assure compliance. There was discussion regarding how the applicant would notify the City, whether by letter or if the City could provide the applicant with a form to complete. Councilmember Niesen inquired whether or not there are similar businesses in the Ci ty and whether these conditions would apply to all similar future applications. Mr. Boganey responded that this condition would only apply to this applicant, and in order for this condition to apply for to all future applicants, a policy or Ordinance would be necessary. Planning and Zoning Specialist Ron Warren addressed the City Council informing that this is the only application that he is aware for this type of home occupation. There are other persons with Alcohol Tobacco and Firearms (ATF) licenses in the City, but because the applicant would be having customer traffic at his home, a Special Use Permit is required. Mr. Warren reviewed the eight conditions recommended by the Planning Commission and noted that with regard to Condition No. 7, the Building Official would make an inspection of the property for fire alarms, smoke detectors, and safety issues. He noted that Condition No. 8 requires that a current copy of the applicant's ATF firearms license be kept on file with the City and explained that it was an annual license. Councilmember Niesen inquired regarding signage on the property and what type and size sign could be placed on the property. Mr. Warren responded that the applicant would need a sign permit for a sign which could be no larger than 2.5 square feet in area. He also noted that the applicant does not intend to put a sign in his yard. There was discussion regarding a Special Use Permit and whether or not it applies to this applicant only or the property. Mr. Warren responded that the Special Use Permit is for the property, not for the individual applicant; it is a zoning regulation. 01/24/05 -7- Councilmember Niesen inquired whether or not a condition could be added that this Special Use Permit were for this applicant only. City Attorney Charlie LeFevere responded that this is not a business license, but the activity is licensed by the Federal Government under the ATF. The Special Use Permit is for the zoning of the property and cannot be linked to the individual applicant. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2005 -001 subject to the conditions recommended by the Planning Commission and the additional condition set forth by the City Council as follows: 1. The Special Use Permit is granted for a home occupation involving the sale of firearms that are manufactured or assembled at 6021 Bryant Avenue North and the service and repair of firearms in general. Said home occupation will involve customer traffic on the site. This home occupation may not be expanded or altered in any way not comprehended by this application without first securing an amendment to the Special Use Permit. 2. No retail sales of firearms or other merchandise not produced on the lot shall be allowed. 3. The home occupation shall not involve the storage of ammunition, other than that for personal use, or raw materials such as gun powder or other explosives. 4. The Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof may be grounds for revocation. 5. All parking associated with this home occupation shall be off street on improved space provided by the applicant. 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. 6. The hours for retail sales of firearms that are produced on the premises are limited to Monday and Wednesday between 12 noon and 6 p.m. 7. The applicant shall comply with recommendations of the Building Official with respect to safety related matters involving this home occupation. 8. A current copy of the applicant's ATF firearms license shall be kept on file with the City. 9. The applicant shall report annually to the Community Development Department that he continues to be in compliance with the foregoing conditions and shall provide such additional information as the Community Development Department may require to assure compliance. Motion passed unanimously. 01/24/05 -8- 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION IN SUPPORT OF PALMER LAKE TRAIL IMPROVEMENTS AND THE TWIN LAKE SHORELAND HABITAT RESTORATION PLANTING PROJECT Mayor Kragness recognized the members of the audience from the Brooklyn Center American Legion and thanked them for their donation of $10,000 to assist with funding the reconstruction of the public trail system around the south side of Palmer Lake. She also thanked them for their donation of $1,200 which was donated to assist in the funding of an ornamental wood split rail fence to enhance the Twin Lake Shoreland Habitat Restoration Planting Project that was completed 2003 at Twin Lake Park. Bill Vetter, member of the Brooklyn Center American Legion, addressed the Council and said that the American Legion is very active in the community and proud to donate the money to the City. He encouraged any veteran who does not have a Post to consider joining the American Legion in Brooklyn Center. RESOLUTION NO. 2005-19 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION IN SUPPORT OF PALMER LAKE TRAIL IMPROVEMENTS AND THE TWIN LAKE SHORELAND HABITAT RESTORATION PLANTING PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion assed unanimously. ousl P Y Councilmember Niesen said she had further questions and concerns with regard to City Council Agenda Item No. 9a regarding the Planning Commission Application for a Special Use Permit. She inquired if the City Council could reopen that item for further discussion. City Attorney Charlie LeFevere explained that a motion to reconsider the vote could be called. A motion by Councilmember Niesen, seconded by Councilmember O'Connor to reconsider the vote on Planning Commission Application No. 2005 -001 regarding a Special Use Permit approval. Voting in favor: Councilmember Niesen and Councilmember O'Connor. Voting against: Councilmember Lasman, Councilmember Carmody, and Mayor Kragness. Motion was defeated. 01/24/05 -9- 10b. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION IN SUPPORT OF THE ADAPTIVE RECREATION PROGRAM Mayor Kragness read the resolution expressing appreciation for the donation of $3,800 to be used to support the Adaptive Recreation Program. Councilmember Carmody said that she wrote to the American Legion and asked them if they would help with this funding. RESOLUTION NO. 2005-20 Councilmember Lasman introduced the following resolution and moved its adoption as amended: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION IN SUPPORT OF THE ADAPTIVE RECREATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. loc. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION IN SUPPORT OF PALMER LAKE TRAIL IMPROVEMENTS Mayor Kragness read the resolution expressing appreciation for the donation of $5,000 to the City of Brooklyn Center to assist with the funding of the reconstruction of public trail system around the south side of Palmer Lake and expressed appreciation for this donation from the Brooklyn Center Fire Department Relief Association. RESOLUTION NO. 2005 -21 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION IN SUPPORT OF PALMER LAKE TRAIL IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10d. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF THE EARLE BROWN DAYS FIREWORKS, THE ADAPTIVE RECREATION PROGRAM, THE SPECIAL EVENTS PROGRAM, AND THE LAPTOP COMPUTER 01/24/05 -10- Mayor Kragness read the resolution expressing appreciation for the donations of $10,000 for the Earle Brown Days Fireworks display; $3,000 to support the Adaptive Recreation Program; $300 to support the Special Events Committee; and $2,900 to replace the Laptop computer in the West Fire Station training room. Councilmember O'Connor stated that she thinks fireworks pollute the land and the people and she would rather not accept the $10,000 for the fireworks display. There was discussion regarding the Earle Brown Days event and the fireworks display. Mayor Kragness and Councilmember Lasman explained that the event builds community and brings residents together, and it has been a tradition of the Earle Brown Days Celebration for many years. RESOLUTION NO. 2005-22 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF THE EARLE BROWN DAYS FIREWORKS, THE ADAPTIVE RECREATION PROGRAM, THE SPECIAL EVENTS PROGRAM, AND THE LAPTOP COMPUTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Voting in favor: Councilmember Carmody, Councilmember Lasman, Councilmember Niesen, and Mayor Kragness. Voting against: Councilmember O'Connor. Motion passed. 10e. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Kragness explained that the Housing and Financial Commission appointments were removed from the last agenda due to commission member attendance records. She said she talked with Stan Leino, Housing Commission member, and he indicated that his job had changed and he would be able to attend meetings on a more regular basis. She also talked with Mark Yelich who wished to continue on the Housing Commission; and she noted that Judy Thorbus had been appointed Chair of the Housing Commission. Mayor Kragness also spoke with Larry Peterson, Financial Commission member, and said he is willing to continue on the Commission; however, if another person could fill the position, he would step down. Mayor Kragness said that notice has been posted for his position. There was discussion regarding the procedures for filling vacancies on commissions and whether or not previous applicants received preferential treatment to be appointed to commissions. The Council also discussed that when a commission member's term expires they are able to continue to serve on the commission until their successor is appointed. A motion by Councilmember Lasman, seconded by Councilmember Niesen to ratify the Mayoral reappointments of Mark Yelich and Stan Leino to the Housing Commission. Motion passed unanimously. 01/24/05 -11- 10L RESOLUTION APPROVING METRO TRANSIT AUTHORITY REQUEST FOR A VARIANCE FROM STATE FIRE CODE AND LOCATION OF FUEL TANK ENCLOSURE I Mr. Boganey explained that the Metro Transit Authority was requesting City approval of their site location for an above ground fuel tank as well as a variance from the State size limitation on above ground tanks for their location at 6645 Shingle Creek Parkway. He explained that Metro Transit is requesting approval for two 24,000 gallon tanks as opposed to four 12,000 gallons tanks. He explained that the Fire Chief has reviewed this variance request and is recommending that the enclosure be fire sprinklered. He explained that the City Council is being asked to approve both the location of the fuel tanks and the size of the tanks. He said the applicants are here this evening to answer questions. Wayne Schafer and Chris Bratsch, Metro Transit, addressed the City Council noting that John Bryan was the Metro Transit representative for this project but was not able to attend the meeting. Mr. Bratsch explained that Metro Transit is requesting a variance from the State Fire Code regarding the size of the tanks. He said that currently this concept is in its feasibility stage and the location is irrelevant to this variance request. There was a lengthy discussion regarding the location of the tanks in front of the building, the safety and security of these tanks, as well as the fencing surrounding these tanks and aesthetics of Shingle Creek Parkway. The applicants explained that the location in the front of the building was being recommended because placement in the rear of the building was cost prohibitive. They displayed renderings of the tanks and reviewed the fencing around the tanks, providing a sample of the double wall steel fencing which would match the existing fencing, with the bottom four feet matching the exterior of the building. The applicants also explained that currently the storage tanks are underground and the request for above ground is due to environmental protection. Councilmembers discussed the safety issues related to these storage tanks and requested that the Fire Chief attend the next City Council meeting to provide additional information and also that the applicants provide better visuals on what the tanks would look like, their location, and the fencing surrounding the tanks. Councilmember Niesen inquired if there was a deadline that this variance needed to be submitted to be approved by the State Fire Marshal. She also inquired if there were other above ground tanks at any of the other Metro Transit Authority sites. The applicants explained that the would like to start construction this ear, and the construction pp p Y Y season is soon. They explained that they do not have any sites with above ground tanks right now, but the goal is to convert underground tanks to above ground tanks for environmental purposes. The location in St. Paul has vaulted tanks which are located in the ground but not underground. 01/24/05 -12- A motion by Councilmember Carmody, seconded Councilmember Lasman to table this resolution to the next available meeting. Motion passed unanimously. log. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2005 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. Boganey explained that for 2005 the City's share of the Urban Hennepin County Community Development Block Grant (CDBG) entitlement is $199,764 which is $39,265 less than the 2004 allocation. He explained that the allocation for the entire county was reduced by $199,121. He said the allocation of the CDBG money is recommended as follows: 1. Allocation of $18,480 for Household Outside Maintenance for the Elderly (H.O.M.E.) program which provides minor maintenance and repairs for person 60 years in age and older; 2. Allocation of $11,340 to the Community Emergency Assistance Program Inc. (CEAP) to provide funds to CEAP's HandyWorks program which provides chore services to seniors and disabled persons at little or no cost; and 3. Allocation of $169,944 for rehabilitation of private property for repair of single family homes of low or moderate households. It is recommended the City Council adopt the resolution calling for the Public Hearing for the use of the CDBG funds. Councilmembers discussed the Home Rehabilitation Program and the types of repairs to single family homes and eligibility. They also discussed the application process for a homeowner and how the allocation is determined per household. Councilmember Niesen left the Council table at 8:40 p.m. and returned at 8:42 p.m. There was discussion regarding the income requirements for the CDBG allocation and how the City insures that at least 70 percent of the CDBG expenditures are used for activities benefiting very low and low income persons. Mr. Hoffman addressed the Council and explained that the homeowner for a rehabilitation grant must be income eligible; and Hennepin County administers the program and requires income verification information on its application. RESOLUTION NO. 2005 -23 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2005 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 01/24/05 -13- 10h. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2005-01,02,03 AND 04, LIONS PARK SOUTH NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS This item was removed from the Consent Agenda, Item No. 7d, for further discussion. Councilmember O'Connor explained that the resolution calls for the Public Hearing, however it does not accept the Engineer's Feasibility Report and inquired if that language should be added to the resolution. City Attorney Charlie LeFevere responded that the resolution should include that the Engineer's Feasibility Report be accepted, and he recommended that language be added as No. 1 under the last paragraph of the resolution. Councilmember O'Connor inquired about R2 properties and how they are assessed. Mr. Blomstrom. explained the assessment for properties zoned R2 (duplex or multifamily residential), noting they are assessed on a frontage basis, but at a higher rate than properties zoned R1 (single family residential). He explained that some of the R2 properties are zoned R2, however a single family home is located on that site and those would be assessed as a single family R1 rate rather than the R2 rate. He further explained the Special Assessment Policy that the City Council had adopted. Councilmember O'Connor asked for clarification that a house located on a corner does not get charged twice. Mr. Blomstrom responded affirmatively. RESOLUTION NO. 2005 -24 Councilmember Lasman introduced the following resolution and moved its adoption as amended: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2005-01,02,03 AND 04, LIONS PARK SOUTH NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10i. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2005 -01 AND 02, CONTRACT 2005 -A, LIONS PARK SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS This item was removed from the Consent Agenda, Item No. 7e, for further discussion. 01/24/05 -14- i Mr. Boganey explained that since the Engineer's Feasibility Report had been accepted, this resolution calls for a Public Hearing for the special assessments for the project improvements. Councilmember O'Connor inquired how this resolution was different from the resolution in Item No. 1 Oh. City Attorney Charlie LeFevere responded that there are two resolutions for a project, the first is to hold a Public Hearing on the improvement project; the second is to hold a Public Hearing to discuss the proposed special assessments for the project. RESOLUTION NO. 2005 -25 Councilmember Lasman introduced the following resolution and moved its adoption as amended: RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2005 -01 AND 02, CONTRACT 2005 -A, LIONS PARK SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 1"j. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER FIRE RELIEF ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT REF'S SPORTS BAR, 2545 COUNTY ROAD 10, BROOKLYN CENTER, MINNESOTA This item was removed from the Consent Agenda, Item No. 7f, for further discussion. Councilmember O'Connor stated that she does not want to approve gambling and is not sure what the purpose is of the Brooklyn Center Fire Relief Association. Mayor Kragness explained that earlier the City Council accepted a generous donation from the Brooklyn Center Fire Relief Association. She said the State allows for lawful gambling and those proceeds are used for specific purposes such as donating to the City. Councilmember Lasman added that charitable gambling is for charitable purposes only. She said 85% must be donated back to charitable organizations in the trade area and 15% can be used for charitable organizations outside of the trade area. She explained that one of the reasons the organizations exist is to create money for charitable organizations. Mr. Boganey explained that the Fire Relief Association was established independent from the City and was used to provide for pension and retirement for firefighters and widows of firefighters. 01/24/05 -15- City Attorney LeFevere explained that the State authorizes charitable gambling and designates how the funds must be spent. RESOLUTION NO. 2005-26. Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER FIRE RELIEF ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT REF'S SPORTS BAR, 2545 COUNTY ROAD 10, BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Voting in favor: Councilmember Carmody, Councilmember Lasman, Councilmember Niesen, and Mayor Kragness. Voting against: Councilmember O'Connor. Motion passed. 10k. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER FIRE RELIEF ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT COYOTE GRILLE, 2101 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA This item was removed from the Consent Agenda, Item No. 7g, for further discussion. Mayor Kragness introduced Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Center Fire Relief Association to Conduct Lawful Gambling at Coyote Grille, 2101 Freeway Boulevard, Brooklyn Center, Minnesota, and explained that this is the same applicant as Council Agenda Item No. I Oj except for a different location. RESOLUTION NO. 2005 -27 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER FIRE RELIEF ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT COYOTE GRILLE, 2101 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Voting in favor: Councilmember Carmody, Councilmember Lasman, Councilmember Niesen, and Mayor Kragness. Voting against: Councilmember O'Connor. Motion passed. 01/24/05 -16- 11. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 9:10 p.m. Motion passed unanimously. City Clerk Mayor 01/24/05 -17-