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HomeMy WebLinkAbout2011 02-14 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 14, 2011 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 called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, Tom Bublitz, EDA /HRA Specialist, Assistant City Attorney Mary Tietjen, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ephraim Olani, 3813 51 Avenue N., stated his support for smoke free City parks and requested the Council's support to declare all City parks a tobacco free zone. Allan Hancock, 5520 Fremont Avenue N., stated his support of the Park Board's discussion to make the City's park system tobacco free. Diane Sannes, 7006 Willow Lane, thanked the Council for its support of Heart Health Month and announced the Relay for Life kick -off planning meeting is being held tonight at the High School. She stated her support to have all City parks totally smoke free, as undertaken by the City of Richfield. Heidi Winters, 2107 71 Avenue N., asked how the City can justify spending tax revenue to reconstruct streets. Mayor Willson asked that Ms. Winters hold her comments until the Public Hearing on that agenda item. Councilmember Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:51 p.m. Motion passed unanimously. 02/14/11 -1- 2. INVOCATION 3 At the invitation of Councilmember Kleven, Pastor Chris Icenogle of the Brookdale Covenant Church provided the Invocation. Pastor Icenogle also congratulated Brooklyn Center on its Centennial. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vicki Schleuning, Tom Bublitz, EDA /HRA Specialist, Assistant City Attorney Mary Tietjen, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item No. 6f to Council Consideration Item No. l Of, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 24, 2011 — Study Session 2. January 24, 2011 — Regular Session 3. January 24, 2011 — Work Session 6b. LICENSES MECHANICAL Efficient Energy Systems, LLC 11815 61 Avenue N, Plymouth MVP Mechanical Service Co. 13360 Zachman Drive, Rogers Owens Companies, Inc. 930 East 80 Street, Bloomington RENTAL — STANDARDS PRIOR TO MARCH 6, 2010 RENEWAL 120157 1h Avenue N. Edward Doll 02/14/11 -2- RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II— two -year license) 5942 Aldrich Avenue N. Michael Brass 5133 Drew Avenue N. Sarah Vogt 5311 Queen Avenue N. Jamison Kohout — Real Assets 7018 Regent Avenue N. Danny Vo RENEWAL (TYPE III — one-year license) 3113 65 "' Avenue Ting Sui Zheng 5609 Bryant Avenue N. Mai Vang (passed w /weather deferral) 6930 France Avenue N. Mursal Khaliif RENEWAL (TYPE H— two-year license) 6712 Beard Avenue N. Morris Matthews 5548 Dupont Avenue N. John Lindahl (passed w /weather deferral) 5420 Fremont Avenue N. Ross Herman (passed w /weather deferral) 5332 Morgan Avenue N. James Waters (passed w /weather deferral) 7124 Newton Avenue N. Gary Hanagan 2718 O'Henry Road Wade Klick RENEWAL (TYPE I — three-year license) 531772 d Circle Alkis Michaelides 5856 Dupont Avenue N. Jack Froelke 6301 Grimes Avenue N. Mai Kao Her 5547 Humboldt Avenue N. J Thomas Equities LLC 7124 Indiana Avenue N. Weyu Bekuto SIGNHANGER Albrecht Sign Co. 7775 Main Street NE, Fridley Jones Sign Company 1711 Scheuring Road, De Pere, WI 6c. RESOLUTION NO. 2011 -22 APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2010 -05, 06, 07, AND 08, CONTRACT 2010 -B, TWIN LAKE AREA STREET AND UTILITY IMPROVEMENTS 6d. RESOLUTION NO. 2011 -23 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES /CITATIONS, AND ADMINISTRATIVE VACANT BUILDING REGISTRATIONS 02/14/11 -3- 6e. RECEIVE ANNUAL REPORT ON FRANCHISE FEES FOR 2010 6f. RESOLUTION CALLING FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1, ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 5, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN This item was removed from the Consent Agenda to Council Consideration Item No. l Of. 6g. RESOLUTION NO. 2011 -24 APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2011 AND 2012 6h. RECEIVE 2011 NOTICE FROM HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY (HRA) 6i. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD MARCH 12, 2011 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS /RECOGNITIONS /DONATIONS 7a. BROOKLYN CENTER ROTARY — DONATION TO CENTENNIAL CELEBRATION COMMITTEE Cathy Ballot, on behalf of the Brooklyn Center Rotary, presented a $1,000 donation in support of the Centennial Celebration. Mayor Willson accepted the check on behalf of the City and asked Ms. Ballot to convey the City's deep appreciation for this generous donation. Councilmember Lasman moved and Councilmember Ryan seconded to gratefully accept the donation from the Brooklyn Center Rotary in support of the 2011 Centennial Celebration. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PROPOSED USE OF 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS City Manager Curt Boganey introduced the item, discussed the history, and advised it is anticipated that federal funding for this program may be reduced or eliminated entirely. 02/14/11 -4- EDA /HRA Specialist Tom Bublitz described how Community Development Block Grant (CDBG) funds are allocated, noting that last year the allocation was $203,588, and explained staff's recommendation is based on CDBG being funded to at least the 2010 allocation level. Mr. Bublitz explained that 70 percent of the allocation, $142,512, is required to be expended on programs and services directly benefitting low income persons and 15 percent of the allocation can be dedicated towards public service programs. The 2011 requests are as follows: Senior Community Services' Household Outside Maintenance for the Elderly (H.O.M.E.) Program of $14,000; Community Emergency Assistance Program (CEAP) of $10,000; HOME Line Tenant Advocacy Services of $7,000 and staff's recommendation to allocate $6,500; City of Brooklyn Center Neighborhood Stabilization/Code Enforcement Program of $150,000; and, Home Rehabilitation Program (rehabilitation of private property) of $23,088. He presented staff's recommendation that following the Public Hearing, the Council support the resolution. Deb Taylor, Chief Operating Officer of Senior Community Services, and Barb Jensen, H.O.M.E. Friends Program Boardmember, described the organization's mission and services provided to help seniors remain independent in their homes for as long as possible. They explained how funds are leveraged, many times over, through the efforts of volunteers and other organizations and thanked the Council for its support. Don Grant, representing CEAP, thanked the Council for its past support and reported how last year's investment was used to provide services and meals to the City's residents. He also described how funding was used to recruit and get volunteers and chore service workers and encouraged the Council to approve funding for 2011. Samuel Spade, attorney with the HOME Line Tenant Advocacy Program, reported on the number and types of calls received related to tenant issues. He stated they were happy to provide support for Brooklyn Center's residents and grateful for the Council's continued support. Mr. Boganey explained the Home Rehabilitation Program services are administered by Hennepin County for emergency repairs for income - qualified residents and the Neighborhood Stabilization/Code Enforcement program funds code enforcement officers. He advised that CDBG involves federal funds that are restricted to identified and qualified areas of the City. Councilmember Lasman moved and Councilmember Roche seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 02/14/11 -5- 1. RESOLUTION NO. 2011 -25 APPROVING PROJECTED USE OF FUNDS FOR 2011 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Councilmember Ryan moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2011 -25 Approving Projected Use of Funds for 2011 Urban Hennepin County Community Development Block Grant Program, Authorizing Signature of Subreceipient Agreement with Hennepin County and any Third Party Agreements. Motion passed unanimously. 8b. PALMER LAKE EAST NEIGHBORHOOD IMPROVEMENTS Director of Public Works /City Engineer Steve Lillehaug introduced the item and presented the proposed neighborhood improvements that included roadway, storm drainage, and utility improvements for the Palmer Lake East neighborhood. On January 24, 2011, the Council received the feasibility report and ordered the Public Hearing scheduled for tonight. He noted the comments received regarding this project have been provided to the Council. Mr. Lillehaug advised of the considerations before the Council following the Public Hearings and opportunity for affected property owners to make comment and /or file an appeal. He reported that no appeals were received prior to the meeting. However, if an assessment is appealed during the Public Hearing tonight, staff recommends it be referred to staff for review and hearing at a subsequent meeting with only that objected assessment being removed from the assessment roll. Mr. Lillehaug stated the total project is estimated to cost $7,338,000 and would be funded from special assessments, water utility, sanitary sewer utility, storm drainage utility, street light utility, and the street reconstruction fund. He displayed a map depicting the proposed assessment area, noting several properties not proposed to be assessed because they had been previously assessed. He advised that special assessments for single- family residential properties were calculated at $3,559 for street improvements and $1,068 for storm drainage improvements. The multi - family property at 6915 Humboldt Avenue North has been calculated based on unit assessments prorated per lot area, as detailed in the final pending assessment roll. He advised of payment options and preliminary project schedule. Councilmember Ryan noted the size of this project is twice as large as what is usually undertaken. Mr. Lillehaug explained that during budget planning, the Council approved advancing a portion of this area and combining it with this project for completion in 2011. The objective was to capture lower construction costs given the poor economic environment. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. 02/14/11 -6- Heidi Winters, 2107 71" Avenue N., asked how the project is funded, noting a lot of property remains vacant, and who pays for tree removal. She did not believe this project was needed at this time and questioned how the City justified spending money it does not have. Mayor Willson explained that tree removal costs are included in the project and even if property is vacant it is owned by someone and will be assessed for the improvement. Ms. Winters stated she works three jobs and is not able to come up with another $100 a month for the assessments so she supported delaying this project. Sean High, 7001 Morgan Avenue N., asked if seniors who have lived in their house for years and receive only a certain amount of government money can be in danger of losing their house if they don't have enough money to pay for their taxes. Mayor Willson explained he is unable to answer this broad question because it could depend on many different situations. Lila Froberg, 7100 Logan Avenue N., asked if the sewer lines that are located between property lines will be reconstructed. Mayor Willson explained an easement exists for sewer lines and if the lines need to be replaced, it will be done with this project. Ms. Froberg stated she wanted to be sure the sanitary lines are updated and not left for a future project since it would be very expensive to make sewer repairs under a smaller project. Martha Pedersen, 7230 Morgan Avenue N., stated she visited 20 homes on Morgan Avenue N. with a petition on the reconstruction and 18 of the 20 homes signed the petition. She asked if such a petition can stop the reconstruction of Morgan Avenue N. Mayor Willson stated the Council can make that decision but noted it has been supportive of the reconstruction program for the last 18 years. He explained the City has a 30 -year reconstruction program to assure the integrity of its infrastructure and limit the potential for water and sewer line breaks. Ms. Pedersen asked if there is no sense then in continuing to circulate the petition. Assistant City Attorney Mary Tietjen advised that under the State statute, this petition can be taken under consideration by the Council and given the weight the Council feels it deserves. With respect to submitting a specific objection to an assessment, each individual property owner would have to do that on his or her own behalf, not through a petition process. If a resident wished to object to the proposed special assessment to preserve their right to move forward with an appeal, the property owner would need to submit a written objection to the assessment tonight. Ms. Pedersen asked when the petition needs to be considered. Mayor Willson stated it would have to be submitted tonight. Ms. Pedersen stated she supports delaying the project due to the economic times for all in the neighborhood. Councilmember Roche thanked Sean High for his question and participating in the Public Hearing. He explained how the Council represents all property owners, noting residents have a responsibility to the community to pay taxes and the fundamental job of government is to preserve and maintain its infrastructure. Donna Morrison 7218 Morgan Avenue N. � explained she had moved to this house from six g blocks east where an assessment was proposed but never happened. She questioned the urgency in the Palmer Lake neighborhood for this project. Mayor Willson advised that the City's website 02/14/11 -7- includes documentation that identifies each neighborhood and when it will be reconstructed. Ms. Morrison stated that while she agreed with improving infrastructure, there are a lot of foreclosures and vacant homes in this neighborhood and asked how this improvement stabilizes the neighborhood. Mayor Willson noted that even foreclosures are owned by someone and everyone in the City is dependent on the infrastructure. Councilmember Ryan explained that about 18 years ago, a comprehensive Street and Utility Reconstruction Plan was developed that first addressed areas of the greatest deterioration. Since much of the City's infrastructure was constructed within a short period of time, much still needs to be reconstructed so it is important to stay on track with the Plan's schedule. He noted it is a core responsibility of the City to assure these systems work and if projects are discontinued for one year, future projects would then be delayed and create in a greater chance of water or sanitary sewer line failures. Councilmember Ryan noted the City uses franchise fees and utility funds to accumulate a fund balance to cover 75 percent of the project costs with only 25 percent being assessed. He stated that he has personally experienced downsizing and feels for those seeing this assessment as an extraordinary expense at this time. Karen Beelen, 7120 Logan Avenue N., stated her appreciation for the Council and staff's work with this program and to make the quality of neighborhoods better. She explained that about 30 years ago, sewer had backed up into her home and it is awful experience so she would encourage people who do not realize the importance of infrastructure. With regard to concerns expressed about paying for the assessment, she asked if the Council can waive the six percent interest cost for those who are at the poverty income level. Mayor Willson explained that the City bonds for project dollars and then pays the bonds from assessment payments. If the Council forgave interest, it would result in other taxpayers having to subsidize those assessments. Lorine Sandridge, 7231 Newton Avenue N., stated she works three jobs and has a $1,400 mortgage payment for a home she has been in for 16 years. She expressed her concern with the economic times, for people who are out of work, and the struggle of paying mortgages and trying to keep children fed. She noted the City is funding programs so seniors can stay in their homes but seniors and others may be losing their homes because they can't pay for this assessment. In addition, the City is putting pressure on residents by compounding two projects and doing them now so they don't have time to sell their homes. Ms. Sandridge stated most of the homes in her neighborhood are vacant, which causes problems and attracts vandals, and her children are growing up in that type of environment. She said she can't be worried about people in the future when she is struggling right now and stated she does not think the Council sees what's happening. Gregory Hoffman, 1600 72" Avenue N., stated he understands infrastructure needs to be maintained and that in the long run it will cost more money if the systems break down. He asked if the project will increase property values. Mayor Willson asked what happens with property values if the City does not maintain the infrastructure. Tim High, 7001 Morgan Avenue N., stated he believes this country is great because of its infrastructure and that this project is probably necessary but asked if it is necessary to this level or could be reduced by 15 percent. He also asked if additional funding could reduce assessments 02/14/11 -8- to a more reasonable level for struggling property owners. Mr. High felt six percent interest was high considering the current low prime interest rate. Mayor Willson explained if the City finds additional funding for this project, it would then have to back pay other neighborhoods that have been assessed and paid their share. He noted the City has an AA bond rating because of its sound financial condition, which plays a key role in bonding to pay for projects. Mayor Willson stated it costs the City, on an annual basis, to maintain its infrastructure, the Council has made consistent and fair decisions, and proposes to assess only 25 percent, which is a good rate when considering the percentage assessed by other communities. Councilmember Ryan advised that six percent interest is set by policy based on financing cost to the City and while he wished the City could offer residents no interest, it is not possible. He stated the Council is not trying to force hardship on residents and he felt the cost per month on the house payment will be more manageable than residents may think. Yvette Ford, 7145 Unity Avenue N., stated she is a fan of infrastructure, understands the need for the project, and had attended to hear comments from fellow taxpayers. Jeanne Peterson, 5441 72 Circle, asked about deferral of assessments for homesteaded property owned by persons 65 years or older or due to disability and based on the resident's income. Ms. Tietjen stated there is a provision in State law to allow deferral for senior citizens in certain financial situations. That consideration is separate from the written objection process. Stephanie High, 7001 Morgan Avenue, asked if residents can negotiate with the contractor to get their driveway reconstructed and combine their driveway projects to get a better price. Mayor Willson explained that is an option and would be an arrangement between the property owner and contractor. Councilmember Lasman suggested residents interested in that option contact the City Engineer to obtain contractor contract information. Mary Lahaie, 5416 72 Circle, asked about repair of sewers located under privately -owned streets. Mayor Willson stated the Unity Avenue project will be considered next. Colleen Fuehrer, 7030 Morgan Avenue N., asked about completion of the driveway aprons and blacktop. Mayor Willson stated the contractor will work with residents to accommodate their need for access and return the road to a useable state at the end of each work day. However, this project will still take time to complete and be an inconvenience for the summer. Ms. Fuehrer also asked about the mailboxes, garbage truck access, and cost to remove trees, if needed. Mayor Willson stated if mailboxes need to be relocated, the contractor will do so and replace them when the project is done, garbage trucks will have access during the project, and water /sewer service will not be interrupted. If a tree has to be removed, it will be paid with the project cost and replaced with a 6 -10 foot high tree. Ms. Fuehrer noted the deferral program is not just for seniors but also for people with disabilities who are income qualified. Mr. Lillehaug stated that is correct and interested residents can contact him for State Statute requirements. Elijah Komre, 7137 Morgan Avenue N., stated he already pays property taxes and monthly water and sewer bills and asked what is being done with that money. 02/14/11 -9- Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -26 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2011-01,02,03, AND 04, PALMER LAKE EAST NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Councilmember Lasman asked about the deferment program. Mr. Lillehaug explained a deferral can be considered at any time and does not need to be requested tonight. Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2011 -26 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2011 -01, 02, 03, and 04, Palmer Lake East Neighborhood Street, Storm Drainage and Utility Improvements. Motion passed unanimously. 2. RESOLUTION NO. 2011 -27 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2011 -01 AND 2011 -02, PALMER LAKE EAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. No one appeared to speak. Councilmember Roche moved and Councilmember Ryan seconded to close the Public Hearing. Mr. Boganey clarified for the audience that this Public Hearing is for anyone who wants to go on record to object to their assessment. Councilmember Roche moved and Councilmember Ryan seconded to reopen the Public Hearing. Donna Morrison, 7218 Morgan Avenue N., stated she officially objected to the assessment. Mr. Lillehaug asked that residents identify the reason for their objection so staff is able to conduct further research. Ms. Tietjen clarified that if residents wish to preserve their right to legally challenge the assessment in court, which is an option under State law, the resident needs to verbally object and leave a signed written objection with the City Engineer so it is part of the record. 02/14/11 -10- Martha Pedersen, 7230 Morgan Avenue N., stated she objects to the assessment due to impact to trees and the cost of the assessment. Colleen Fuehrer, 7030 Morgan Avenue N., asked if she has 30 days to appeal. Ms. Tietjen advised that if the Council adopts the assessment roll tonight and a property owner wishes to appeal the assessment and challenge it in court, the property owner has 30 days to serve the City Clerk or Mayor with notice saying they intend to appeal the assessment. After that 30 days, the resident has 10 days to file that appeal in District Court. If the resident wishes to be represented by a lawyer they would have to pay that cost. Councilmember Roche moved and Councilmember Ryan seconded to close the Public Hearing. Councilmember Roche moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2011 -27 Certifying Special Assessments for Improvement Project Nos. 2011 -01 and 2011 -02, Palmer Lake East Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 8e. UNITY AVENUE NEIGHBORHOOD IMPROVEMENTS Mr. Lillehaug detailed the actions before the Council and presented the proposed Unity Avenue neighborhood improvements that included roadway improvements and miscellaneous utility improvements. He stated that while the subgrade is in good condition, the pavement had deteriorated and was in need of reconstruction. Mr. Lillehaug described the proposed street improvements and how staging will assure a shorter period of disturbance and lessen impacts. He advised the estimated project cost is $424,000 and will be funded through special assessments, water utility, sanitary sewer utility, storm drainage utility, street light utility, and the street reconstruction fund. He described the zoning mixture of residential properties and stated the preliminary assessment roll is calculated at $644.07 per unit. He reviewed the available methods of payment and presented the proposed time table. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mary Lahaie, 5416 72" Circle, asked if the sewer lines were also checked for homeowner associations. Mr. Lillehaug stated sewer and water lines are City owned even if under private roads and he will confirm that they were inspected. Ms. Lahaie asked if the City would improve the sewer system down each street, if needed in the future, and assess the association as a whole. Mr. Lillehaug explained that in the future when utilities need replacement, there would be special assessments for the streets and the utilities would be funded as considered with the Palmer Lake East project. 02/14/11 -11- Ms. Lahaie asked how residents receive notice if they are not at home when the certified letter is delivered. Mr. Lillehaug stated that some certified letters were returned so staff tried to contact the property owner individually. In addition, staff has a list of addresses for "snowbirds." Yvette Ford, 7145 Unity Avenue, indicated residents appreciate the speed bumps because Unity Avenue is used as a cut - through thoroughfare by vehicles that speed. She asked if the speed bumps will be replaced and can be made even higher. She relayed how helpful staff member Julie Hanson had been to patiently answer her questions and provide requested information. Councilmember Roche moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -28 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2011 -05, UNI'T'Y AVENUE STREET IMPROVEMENTS Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2011 -28 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No. 2011 -05, Unity Avenue Street Improvements. Motion passed unanimously. 2. RESOLUTION NO. 2011 -29 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2011 -05, UNITY AVENUE STREET IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Roche moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Roche moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2011 -29 Certifying Special Assessments For Improvement Project No. 2011 -05, Unity Avenue Street Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 02/14/11 -12- 9a. PLANNING COMMISSION APPLICATION NO. 2011 -001 SUBMITTED BY GEORGE OGBONNA FOR THE UMUNNE CULTURAL ASSOCIATION FOR SPECIAL USE PERMIT APPROVAL TO OPERATE AN EVENT CENTER AT 5939 JOHN MARTIN DRIVE Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2011 -001 and advised the Planning Commission unanimously recommended approval of the application at its January 27, 2011, meeting subject to five conditions. He reviewed the parking requirements, available on -site parking, and determination of building occupancy. Mr. Eitel stated that George Solomon, representing Jani King, expressed concern at the Public Hearing about snow plowing and maintenance of the narrow parking strip and had met with the applicant several times since then to resolve those concerns. Councilmember Roche moved and Councilmember Ryan seconded to approve Planning Commission Application No. 2011 -001 subject to five conditions of the Planning Commission: 1. The maximum occupancy of the building is identified as a condition of the Special Use Permit i.e., 357 or the maximum occupancy allowed by the building code, whichever is less. 2. This Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process, including a new Sewer Availability Charge determination by Metro Council. 4. The necessary permits for food preparation and servicing must be received from Hennepin County Health Department prior to the issuance of Permits. 5. Special Use Permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. HEARING FOR KELLY MCDOLE, 7219 MAJOR AVENUE NORTH, REGARDING POTENTIALLY DANGEROUS DOG DECLARATION Mr. Boganey introduced the item, discussed the history, and presented the decision and findings of the Animal Control Review Panel that there was sufficient evidence to declare Mr. McDole's dog a potentially dangerous dog. He noted this item was tabled at the last meeting since the appellant was unable to attend due to his work related schedule. Councilmember Lasman moved and Councilmember Ryan seconded to remove this item from the table. Motion passed unanimously. 02/14/11 -13- Councilmember Ryan moved and Councilmember Roche seconded to open the hearing. Motion passed unanimously. Kelly McDole, 7219 Major Avenue N., appellant, thanked the Council for tabling consideration until he could attend to provide testimony. He stated the City's ordinance contains a provision for an unprovoked attack, noting provocation to an animal can be intentional or unintentional. Mr. McDole stated that immediately following the incident, Mr. Nelson had stated, "I'm sorry, I did not know the dog was right behind me and when I stuck out my hand, he bit me." However, Mr. Nelson made a different statement to the CSO. Mr. McDole voiced concern about lack of investigation and indicated he had waited three weeks before getting a copy of the police report but it still contained no follow up information. Mayor Willson stated he is a member of the Animal Control Review Panel which had considered facts presented that evening, a dog bite had been inflicted that required stitches. He noted the Code is clear about an unprovoked bite of a human and supported the determination of potentially dangerous dog declaration. Councilmember Ryan noted Mr. McDole was in his garage when the incident occurred so he did not observe it. Mr. McDole stated that is correct and described what had happened. Councilmember Ryan pointed out that the fact remains that a person was bitten and the Ordinance language is clear. Ms. Tietjen advised that under the ordinance, a potentially dangerous dog is one that inflicts a bite that is unprovoked and Mr. McDole has indicated his dog may have been provoked but not intentionally. She explained it was within the ability of the Council to reverse the Panel's decision if it believed Mr. McDole had provided evidence to that provocation. Councilmember Roche commented that it is not uncommon for someone who is bitten to not file a police report right away due to a delayed reaction. Mr. McDole stated he telephoned Mr. Nelson, an 80- year -old man, to ask about his new statement but when Mr. Nelson returned the telephone call he described an insurance payment involving a car accident and remained confused even after Mr. McDole explained the purpose of his call. Councilmember Lasman read the definition of "provocation" as contained in the Ordinance. She noted the report indicates Mr. Nelson had turned around when he saw the dog coming at him, put his hand out for protection, and the dog bit his hand. She stated that is not "provocation" and you would not reasonably expect that act to provoke a bite since it was a defensive measure. Councilmember Ryan requested a legal opinion on the incident report. Ms. Tietjen advised that it is reasonable for the Panel and Council to rely on statements taken by the police as being accurate and truthful. She stated she understands that Mr. McDole thinks it is unfair; however, it is assumed Mr. Nelson had portrayed the incident as it happened. Councilmember Ryan stated this record is what the Council has to base its judgment upon and if a formal court hearing, Mr. Nelson would be present to respond to a challenge. Ms. Tietjen noted that Mr. McDole is 02/14/11 -14- providing testimony tonight and the Council can consider that information and weigh it along with the evidence. Mr. Boganey asked Mr. McDole if the same situation occurred, would the dog bite again. Mr. McDole stated possibly but not necessarily since it would depend on the person's reaction to the dog. He asserted there is no way to predict with any animal, even in the exact same situation, but he believed an aggressive dog would continue to attack. Councilmember Lasman moved and Councilmember Roche seconded to close the Hearing. Motion passed unanimously. The Council considered the police report indicating that Mr. Nelson was delivering door hangers for his church, not an activity that could be considered as provocation and noted that in six months, if there are no repeated incidents, then that designation could be reviewed by the Animal Control Review Panel. The Council acknowledged it was also responsible to consider the issue of public safety. Councilmember Roche moved and Councilmember Lasman seconded to uphold the decision and findings of the Animal Control Review Panel. Motion passed unanimously. 10b. RESOLUTION NO. 2011 -30 MAKING FINDINGS OF FACT AND ORDER RELATING TO HUMBOLDT SQUARE APARTMENTS (6737 AND 6743 HUMBOLDT AVENUE NORTH) Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted the Council had heard the testimony at its January 24, 2011, meeting regarding alleged violations, specifically related to delinquent property taxes in the amount of $2,240 and City utilities in the amount of $3,586.73. As directed, staff prepared a resolution malting findings of fact and order to revoke the rental dwelling license issued to Tim and Mary Jo Keenan for Humboldt Square Apartments for a period of six months. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -30 Making Findings of Fact and Order Relating to Humboldt Square Apartments (6737 and 6743 Humboldt Avenue North). Motion passed unanimously. 10c. RESOLUTION NO. 2011 -31 MAKING FINDINGS OF FACT AND ORDER RELATING TO BROOKHAVEN APARTMENTS (3907, 3909, AND 3911 65 AVENUE NORTH) Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He noted the Council had heard the testimony at its January 24, 2011, meeting 02/14/11 -15- regarding alleged violations, specifically related to delinquent property taxes in the amount of $63,698.17 and City utilities in the amount of $9,953.26. As directed, staff prepared a resolution making finds of fact and order to revoke the rental dwelling license issued to Hyder Jaweed for Brookhaven Apartments (3907, 3909, and 3911 65 Avenue N) for a period of one year. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011 -31 Making Findings of Fact and Order Relating to Brookhaven Apartments (3907, 3909, and 3911 65 Avenue North). Councilmember Ryan stated his support for the recommended one -year revocation since the period of revocation is in relation to the extent of violation. Motion passed unanimously. 10d. AMEND 2011 CITY COUNCIL MEETING SCHEDULE Mr. Boganey introduced the item to amend the 2011 City Council meeting schedule to add a joint meeting with City advisory commissions and the Charter Commission on Wednesday, April 6, 2011, at 6:00 p.m., in Constitution Hall, Community Center. Councilmember Lasman moved and Councilmember Ryan seconded to amend the 2011 City Council meeting schedule as requested. Motion passed unanimously. 10e. AN ORDINANCE AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTER 23 RELATING TO TATTOO AND BODY PIERCING ESTABLISHMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed Ordinance amendment to divest the City from the expense of licensing tattoo and body piercing establishments, but to regulate the location through the Zoning Ordinance. Councilmember Roche moved and Councilmember Ryan seconded to approve first reading of an Ordinance Amending and Repealing Certain Sections of Chapter 23 Relating to Tattoo and Body Piercing Establishments and set second reading and Public Hearing for March 14, 2011. Motion passed unanimously. IOf. (FORMERLY ITEM NO. 6f) RESOLUTION NO. 2011 -32 CALLING FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1, ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 5, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN 02/14/11 -16- Councilmember Roche explained that he had requested this item be removed from the Consent Agenda to assure transparency since most of the discussion had occurred during Work Sessions. He noted this action is one of the components that will help redevelop the Brookdale Mall site. Mr. Boganey stated this action will create a TIF district to facilitate the redevelopment of Brookdale Mall and schedule a Public Hearing on March 28, 2011, at 7:00 p.m. He advised that a presentation will be given during the Public Hearing. Councilmember Roche moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2011 -32 Calling for a Public Hearing on a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, Establishment of Tax Increment Financing District No. 5, and the Adoption of a Tax Increment Financing Plan. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Roche noted this is the City's Centennial year and reported on a celebration event this Thursday, 6:30 p.m., at the high school, when a large chorus of elementary school children will sing "Happy Birthday to Brooklyn Center." Councilmember Lasman reported on her attendance at the following: • January 27 and February 3, 2011, Special Events Committee meetings to prepare for the Brooklyn Center birthday party event held February 5, 2011. She noted that Pastor Icenogle was correct that it was 100 years ago tonight when voting took place and a law was passed incorporating Brooklyn Center into a village. • February 2, 2011, Centennial meeting, which will be ongoing throughout the year and culminate with Holly Sunday. • February 5, 2011, Brooklyn Center birthday party. • February 13, 2011, Centennial Splash Event at the Community Center. Councilmember Kleven reported on her attendance at the following: • January 27, 2011, Shingle Creek Watershed wetland improvement project informational meeting. • January 27, 2011, Planning Commission meeting. • February 5, 2011, Centennial Dinner celebrating the City's 100 birthday. • February 6, 2011, waffle breakfast at the high school. • February 13, 2011, Centennial Splash event at the Community Center. Councilmember Kleven reminded that February is Heart Month and residents can get free heart pins at the Community Center until the end of the month. Councilmember Ryan reported on his attendance at the following: • February 5, 2011, the City's 100 year birthday party at the Earle Brown Heritage Center, which was a great success. He thanked City staff, Chief Coordinator Sue LaCrosse, and the 02/14/11 -17- Events Committee and commented on the number of proclamations that were read, including one declaring February 5, 2011, as Brooklyn Center Day in the State of Minnesota. Mayor Willson reported on his attendance at the following: • January 28, 2011, Chaired the last Visit Minneapolis North committee meeting at Crowne Plaza. • February 2, 2011, Centennial Committee meeting. • February 3, 2011, Special Events meeting. • February 5, 2011, Brooklyn Center's 100 year birthday party. • February 6, 2011, Lions waffle breakfast. • February 9, 2011, North Metro Mayor's board meeting along with Mr. Boganey. • February 14, 2011, read to Northport Elementary School students. Mayor Willson noted that on January 1, 2011, an American Flag was flown over the United States Capitol and presented to the City by Representative Paulsen along with a plaque. Mayor Willson announced that from February 10 -13, 2011, the Luther Family of dealerships will prepare one -half a million meals for distribution at the Dodge site. He advised of the number of volunteers involved with this event that included almost the entire Police Department and their families. Mayor Willson recognized the Luther family and dealerships for this contribution to Brooklyn Center. Mayor Willson advised of a card he received from Peter and Linda Berglund, 5408 Dupont Avenue N., thanking the City for the wonderful job done on 57 and County Road 10 street improvement project. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 10:10 p.m. Motion passed unanimously. 02/14/11 -18- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Cleric of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on February 14, 2011. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its February 28, 2011, Regular Session. City Clerk Mayor 02/14/11 -19-