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HomeMy WebLinkAbout2009 09-14 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 SEPTEMBER 14, 2009 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 Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Assistant City Manager/Director of Building Community Standards Vickie Schleuning, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Others present were City Prosecutor Bill Clelland. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Asit Waghani, BAPS Shri Swaminarayan Mandir, provided the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 09/ 14/09 -1- 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Assistant City Manager/Director of Building Community Standards Vicki Schleuning, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Others present were City Prosecutor Bill Clelland. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Joint Work Session with Financial Commission minutes of August 31, 2009, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 24, 2009 Study Session 2. August 24, 2009 Regular Session 3. August 24, 2009 Work Session 4. August 25, 2009 Joint Work Session with Financial Commission 5. August 31, 2009 Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL Air Quality Services 6221 Cambridge Street A-6, St. Louis Park Binder Heating and Air 222 Hardman Avenue N, So. St. Paul Cashion HVAC Services 4148 Jansen Ave NE, St. Michael Dean's Professional Plumbing 21301 County Road 81, Rogers Erickson PHC 1471 92" Lane NE, Blaine Gallagher Heating and Air 17209 Tungsten Street NW, Ramsey KB Service Co. 430 E. County Road D, Little Canada Practical Systems 4342B Shady Oak Road, Hopkins RENTAL INITIAL 7250 West River Road Greg Gervlis 6243 France Ave N Tamiko Lonnie Morgan 5713 Halifax Ave N James Jason Helmer 6424 Marlin Dr Charles Bright 5319 Northport Dr Daniel Mazzuco 09/ 14/09 -2- I RENEWAL 5324-26 James Ave N Steven Debra Elhardt 6825-27 Noble Ave N Christian Vitale 5327-29 Queen Ave N Alvin Stachowski 509 61 Ave N Tim Daniel 1405 63 Ln N LeRoy Bendickson 2901 66 Ave N Amare Alemu 5528 Humboldt Ave N Bruce Goldberg 3019 Mumford Rd Morris Matthews 5300 Penn Ave N Gregory Dumonceaux SIGNHANGER Signart Inc. 2170 Dodd Rd, Mendota Heights Signs by RSG 6080 Hwy 10, Ramsey 6c. RESOLUTION NO. 2009-108 REJECTING BIDS FOR IMPROVEMENT PROJECT NO. 2009-21, CONTRACT 2009-L, 2009 CAPITAL MAINTENANCE BUILDING PLAN Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8. PUBLIC HEARING 8a. PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Assistant City Manager/Director of Building Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of public hearing and the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Mayor Willson called three times for public input. No one appeared. Councilmember Roche moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. 09/14/09 -3- 1. RESOLUTION NO. 2009-109 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-109 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. There was discussion on Section 2.30.3.0 of the City Council Code of Policies which states the following: "For residential properties undergoing sale to new owners, where a utility bill exists which had not been pended to the assessment rolls prior to the date of closing on the sale to the new owner, the unpaid balance of the old owner shall not be applied to the account of the new owner." There was discussion on the approximate cost per year of the City absorbing this cost. Ms. Schleuning indicated this is something staff can look into. Motion passed unanimously. 8b. PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS Ms. Schleuning introduced the item, discussed the history, and stated the purpose of public hearing and the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Mr. Mark Heitman, 142 Canterbury Road, Circle Pines, addressed the City Council and stated he is present at the request of the bank that owns the property at 4110 66 Avenue North. He verified with the City Council that the property will be assessed on the taxes with interest if the amount due is not paid. The City was billed by the contractor and needs to be reimbursed. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. 2. RESOLUTION NO. 2009-110 CERTIFYING SPECIAL ASSESSMENTS FOR ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-110 Certifying Special Assessments for Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 09/14/09 -4- 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. HEARING FOR ITA EKAH REGARDING RENTAL PROPERTY LOCATED AT 4216 LAKEBREEZE AVENUE NORTH (FOUR-UNIT APARTMENT COMPLEX) Ms. Schleuning introduced the item, discussed the history, and stated the purpose of the hearing. She advised that utilities are past due on the property located at 4216 Lakebreeze Avenue North; this is a violation of City Code Section 12-901 subd. 4. Staff's recommendation is that following the staff report, Council open the hearing to receive applicant testimony, close the hearing, and direct staff to prepare a resolution for the next City Council meeting with findings of fact to either suspend or revoke the rental license far the subject property. City Prosecutor Bill Clelland advised the City Council on City Code 12-901 subd. 4. He requested the City Council to receive in evidence documents provided as part of the proceeding: 1) service letter to Mr. Ekah dated August 3, 2009, infarming him of the date and time of tonight's proceedings; 2) Notice of the date, time and location of this hearing. It sets forth fact that utilities at this property were delinquent in amount of $1,255.22, which costs continue to accrue. This was sent by U.S. mail and was not returned. It was also sent by certified mail, which was returned. Mr. Clelland stated Council has also been provided with the property tax information and rental application showing that Mr. Ekah gave the �City the address of 7704 Tessman Drive, Brooklyn Park. This is where the notices were mailed. Mr. Clelland informed Council that Mr. Ekah was successfully prosecuted in 2008 for renting without a license. He was convicted of that offense and has not paid the rental penalty, which was part of the criminal disposition. Mr. Ekah has been returned to court on probation violation. While in court he was served with the hearing notice. Mr. Ekah has made a partial payment on the delinquent utilities, but was advised that was insufficient grounds for avoiding this hearing and not a sufficient basis for him to suspect he would retain his license. City Clerk Sharon Knutson informed the Council that the past due amount on the subject property following a payment that was made on Friday, September 11, 2009, had been reduced to $455.22. Mayor Willson noted there is a long history with this property and property owner, and that it appears to be an ongoing struggle for two to three years for the owner to keep up to date with the requirements of the City ordinance. He asked the City Clerk her opinion on whether the property owner will be up to date on payments in the next six months. Ms. Knutson responded in the negative and provided information on the payment history of Mr. Ekah on the subject property. Mayor Willson requested clarification that the action requested of the City Council tonight is to direct staff to prepare a resolution to either suspend or revoke the rental license on the subject property, or to take no action. Mr. Clelland responded in the affirmative and advised Council is also requested to receive the evidence provided. 09/14/09 -5- Councilmember Roche commented on the amount of information that as been provided on the subject property. He stated his support in directing staff to prepare a resolution revoking the rental license. Councilmember Yelich questioned why action is being taken to prosecute the subject property while other rental properties included on the list of special assessments under item 8a were not prosecuted. Mr. Clelland explained that some of the properties on the list of assessments may have been single family rental units. It has been City policy to bring forward license action for failure to pay utility or taxes for complexes with four or more units. This action has been taken in each case; the City Council has not been required to act in situations where the parties have paid up prior to Council action being necessary. He explained in terms of prosecution, it is not a criminal violation to fail to pay utilities; however, it will affect the license. There could be a policy change if Council would like to apply the above policy to every rental property, including single family units. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Ms. Jo Roberts, representative of Link Associates located at 5400 France Avenue N, addressed the City Council and expressed concern that there are single family rental units that are affected by this issue. She stated her position that the public, individuals involved in rental management in the community, and the leaders in the community that are dealing with this every day should be involved in the process associated with amendments that may be made to the rental ordinance. Mayor Willson informed Ms. Roberts that the City is in the process of staff beginning to research these types of issues. The process after that would be direction from the City Council on any proposed ordinance changes which will go through the public hearing process and involve public input. To this point the City Council has been cautious on making any ordinance changes. Ms. Roberts commented that the public does not always have the opportunity to view the information the Council is reviewing. There are people who care; they believe the City is trying to make it work and they should come together. Ma or Willson called hr red. y t ee times for public input. No one appea Councilmember Lasman moved and Councilmember Roche seconded to close the hearing. Motion passed unanimously. Mayor Willson noted for the record that the property owner was not present and did not come forward during the hearing. There was discussion on the options available to the City Council, specifically in relation to the following statement included in the Notice of Proposed License Action: "Section 12-910 provides for the revocation, suspension or non renewal of a rental license for, inter alia, failure to 09/ 14/09 -6- operate or maintain the license premises in conformity with all applicable state laws and codes and the City Code or Ordinances and any other violation of Chapter 12." Mr. Clelland advised that a suspension of the license cannot exceed 90 days. Councilmember Roche moved and Councilmember Yelich seconded to direct staff to prepare a resolution for the next City Council meeting with findings of fact to revoke the rental license far property located at 4216 Lakebreeze Avenue North. City Attorney Charlie LeFevere advised that this decision lies within the discretion of the City Council. He informed Council that the license sanction under consideration is the City's response to only one offense, and that offense is that the utility payment is currently past due in the amount of $455.00. There is a history, but notice was not given that there would be a hearing on the question of whether the license would be revoked for the entire history of this violation; notice has been given for the specific violation. On the basis of the record before the City Council the first question is whether the property owner is guilty of the violation in this notice. In deciding the appropriate penalty, it is for this violation, not for other violations of which the applicant has not been given notice that they are under consideration. Mayor Willson stated his support of providing direction to staff to prepare findings of fact and to denote which of the options would be recommended for the City Council to proceed with based on the ordinance. Mr. LeFevere advised the Council that it can decide on sanctions this evening; however, the Council shall give due regard to the frequency and seriousness of violations (he noted there was only one violation, that being the $455 past due utility bill), the ease with which such violations could have been cured or avoided and the good faith effort to comply (he noted a partial payment on the utility account was just made on Friday). There was discussion on the appropriate penalty for the ordinance violation as well as the outstanding rental penalty. Mr. LeFevere advised that notice was not given on the outstanding rental penalty, and that there is question as to whether the delinquent rental penalty payment is a violation of the ordinance or simply a violation of the court order. Councilmember Lasman suggested including a time period in the motion for revocation. There was discussion on an associated time period with a revocation of the license, as well as conditions such as being current on utility and taxes that must be met in order to proceed with the re-application process. Mr. LeFevere advised that a time period must be specified with the suspension or revocation of the license. Suspension cannot exceed 90 days and revocation cannot exceed one year. In either case the conditions will be specified for getting the license back. In the case of suspension the license can be reinstated if the conditions have been met. In case of revocation the property owner is required to apply for a new license, along with the license fee and a reinstatement fee. If the decision is made tonight it can be included in the findings of fact, or the findings of fact can be written with the ability to fill in the blanks. Amendments can be made when the Council is ready to make the final decision. 09/14/09 -7- Councilmember Yelich stated his support for revocation of the license with staff to make a recommendation on the appropriate conditions for re-application and the time period for when this could occur. Councilmember Lasman proposed a friendly amendment to the motion on the floor to include a time limit of 90 days on the revocation of the rental license. Councilmember Roche agreed to the friendly amendment. Councilmember Yelich as the seconder to the motion did not agree to the friendly amendment. Mayor Willson seconded the amendment to the motion. Councilmember Yelich voted against the same. Motion on amendment passed. Main motion as amended passed unanimously. lOb. PRELIMINARY 2010 LEVY AND BUDGET Director of Fiscal Support Services Dan Jordet provided an overview of the Preliminary 2010 Levy and Budget. There was discussion on the possible impacts to the residential tax base if there is a decrease in commercial property values in the 2011 budgeting process. Mr. Jordet provided information on TIF districts that are scheduled for decertification, which will come back into the tax base, and building projects that will be coming online. He advised it is also anticipated that residential values will continue to drop, so the distribution of taxes is not likely to vary substantially. In addition, the $463,000 being levied as a 2009 LGA un-allotment is at this point a one year committed levy; the levy will have to be adjusted for that amount and the responsibility of the City for that amount will have to be adjusted in 2011. There was discussion on the proposed budget including zero salary increases and that the 2011 budget may need to be significantly altered which may be much more severe than the current budget. It was also noted that an approximate $53 reduction per year in the levy impact to individual median properties would require service reductions. 1. RESOLUTION NO. 2009-111 APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2010 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-111 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2010. 09/14/09 -8- Councilmember Yelich requested that the following be included in the minutes: 1. In the past year the City has paid roughly $20,000 to Decision Resources Limited to conduct a resident survey. In that survey, page 63 states that 53% of residents rated Brooklyn Center property taxes as comparatively high and strongly opposed increasing property taxes by a more than a 2 to 1 margin. 2. The City Council pays roughly $25,000 to a CPA firm for the annual financial audit. In the firm's management report on page 6 it states that the City's tax city tax rate is significantly higher than the statewide and metro axea averages for the past two years. The City Manager has acknowledged that adopting this levy will most likely push tax rates to the top of that list. Councilmember Yelich further stated that the City Council needs to take these points into consideration and not ignore residents' input. They are here to represent their residents who expect and deserve to get good value for their tax dollar. He has reviewed the preliminary budget proposal and believes a lower 2010 general operating property tax levy is possible without significantly impacting the current Council priorities, without impacting levels of service or FTE counts, or using budget reserves. If they set expectations staff will rise to that challenge. On behalf of residents livin on fixed income unem lo ed for man months workin multi le 'obs g P Y Y g p J to stave off home foreclosure, investing in their property despite of falling property values, and victimized and living in fear of crime, he will not be supporting this resolution to raise property tax levy by $675,000. He believes they can deliver the services for half of that amount. It was noted that hours were spent struggling over this budget. The entire City Council feels the same way as far as frustration in having to do any increases, but an increase in the bottom line ends up in a net reduction on at least 50% of the households in the City. There are many sacrifices being made. This is a painful time for everyone but they need to be able to run the City with efficiency with service for the residents, and do so in a reasonable way. Great care has been taken to try to address issues of spending and holding the line on City expenditures. The proposed budget provides on average a marginal reduction in the actual property tax bill to the residential homeowners. It was also noted that the proposed property tax levy is the preliminary, which is a not to exceed amount. Councilmember Yelich reiterated his osition that he will not support the propc�sed resolution p i and rovided su estions for cuttin in h ro osed bud et. costs t e P gg g P P g It was noted that at this time it is difficult to bring service to the City that the residents wish to see happen. There are costs associated with providing services such as crime prevention and code enfarcement. There has been restructuring of City staff and layoffs of nine individuals from the Police Department. If layoffs continue and services continue to drop the taxpayer may have the benefit of a reduced property tax payment, but there will be serious loss to the City and the City's image from the subsequent crime associated with inadequate police protection. I Mayor Willson stated his support of the importance of redevelopment efforts to continue to grow as a city and come out of the current economic depression. 09/14/09 -9- I Councilmember Yelich moved to amend the General Fund tax capacity levy to $12,158,136. Motion died for lack of a second. There was continued discussion on the proposed levy and budget, the impact to residents and the services provided. Councilmember Yelich voted against the same. Motion passed. 2. RESOLUTION NO. 2009-112 ADOPTING A PRELIMINARY BUDGET FOR THE 2010 FISCAL YEAR Mr. Jordet stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-112 Adopting a Preliminary Budget for the 2010 Fiscal Year. Mayor Willson thanked staff for their work on the budget and cutting expenses. Councilmember Yelich voted against the same. Motion passed. 11. COUNCIL REPORT Councilmember Yelich reported on the following: He received an anonymous note from a resident suggesting that the City consider adopting revised noise rules with an example of the ordinance adopted by New Hope. He stated the City of Brooklyn Center has had this exact same ordinance in place for several years. The key thing is for residents to call in and file a complaint when they identify noise that is greater than 50 feet from the source. The Police Department has been very good about responding to those complaints, which can be made anonymously. Random Acts of Kindness nomination forms are due October 2, 2009, and will be recognized on October 26, 2009. Councilmember Lasman reported on her attendance at the following events: August 27, 2009, Liberian Girls Kickball Team friendly kickball tournament with the Brooklyn Center and Brooklyn Park Policewomen. It will become an annual event. Brooklyn Center Business Association (BCBA) luncheon with guest speaker Senator Al Franken. Shingle Creek Watershed study meeting where Brooklyn Center, Brooklyn Park, and other communities are working together to improve the health and aesthetics of Shingle Creek. A portion of the creek that is close to Brooklyn Center has been neglected and has been brought to the attention of City staff. August 30, 2009, BAPS Walkathon with proceeds going to a metro hospital. September 9, 2009, Earle Brown Heritage Center 20�' Anniversary Celebration. 09/14/09 -10- Councilmember Roche reported on the following: Random Acts of Kindness nomination forms are due October 2, 2009 New restaurant, Checkers, opened on Thursday, September 3, 2009. The grand opening event is scheduled for Friday, September 18 and Saturday, September 19�'. Thank you to the owners of the restaurant for providing jobs to residents of Brooklyn Center. His attendance at the Earle Brown Heritage Center 20�' Anniversary Celebration on September 9, 2009. September 15, 2009, scheduled neighborhood meeting at Firehouse Park with a Meet and Greet and pizza at 6:00 p.m., followed by the meeting at 6:30 p.m. Brooklyn Center Youth football scrimmages have begun. New links are available on the City website. He encourages residents to look at the recent web updates. School is in session and work progresses on the Aldrich neighborhood road reconstruction. Please look out for young people during the reconstruction. Thank you to Alan Hancock for working with the Metropolitan Council on community gardens earlier this year. Councilmember Ryan reported on the following: His attendance at the BCBA luncheon with guest speaker Senator A1 Franken September 13, 2009, Community Action Partnership of Suburban Hennepin County hosted Energy Conservation Fair at Brookdale Library. The event will be returning on September 23, 2009, 4:30 p.m. 8:00 p.m. A number of valuable items were distributed free to residents, which could be helpful in reducing energy bills and improving weatherizing in homes. He received an anonymous note regarding the New Hope noise ordinance. Brooklyn Center's noise ordinance is well drafted. He will be discussing ideas he has with the City Manager for residents that are annoyed by extremely loud car radios. September 15, 2009, scheduled neighborhood meeting at Firehouse Park. Mayor Willson reported on the following: August 25, 2009, joint City CounciUFinancial Commission budget work session. He commended the Committee on their hard work and valuable insights as residents of the City serving on the commission. September 9, 2009, Earle Brown 20 Anniversary Celebration. September 15, 2009, scheduled neighborhood meeting at Firehouse Park. Upcoming Bottineau Transit Corridor hearings. Upcoming Anoka-Hennepin School District budget cut and school closing meetings. Hennepin County has approved the funding request for the southern portion of Shingle Creek. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:50 p.m. Motion passed unanimously. 09/14/09 -11- STATE OF MINNESOTA) COLTNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk 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 September 14, 2009. 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 September 28, 2009, Regular Session. �i l.il v( 1 ,.1i�2 L.���../%�-��c. City Clerk Mayor 09/ 14/09 -12-