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HomeMy WebLinkAbout2010 03-22 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 22, 2010 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL Due to the Council Study Session running late, Council consensus was reached to delay the Informal Open Forum until the end of the meeting. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as 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 7:05 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan. Excused Absence: Councilmember Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Fire Chief Lee Gatlin, Business and Development Director Gary Eitel, City Attorney Charlie LeFevere, 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, to consider the Informal Open Forum at the end of the agenda, amend the Regular Session minutes of March 8, 2010, to indicate the invocation was offered by Councilmember Ryan, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 8, 2010 — Study Session 2. March 8, 2010 — Regular Session 3. March 8, 2010 — Work Session 03/22/10 -1- 6b. LICENSES GARBAGE COLLECTION VEHICLE LePage & Sons, Inc. 3118 162 Lane NW, Andover MECHANICAL B & D Plumbing Htg & Air 4145 MacKinzie Court, St. Michael Burnomatic Mooney & Redlir 2925 Garfield Avenue S., Minneapolis Comfort Matters Heating 10981 4th Street, Hanover DeZiel Heating and Air, Inc. 16123 d Avenue NE, Buffalo Erickson Plumbing & Heating 1471 92 Lane NE, Blaine Gilbert Mechanical 4451 West 76 Street, Edina Hinding Heating & Air, Inc. 915 West 78 Street, St. Paul Kevin's Heating and Cooling 6474 20 Avenue S., Hugo Lane Valente Industries 5395 Jackson Drive, Mounds View Pierce Refrigeration 19202 "d Avenue, Anoka Quality Refrigeration, Inc. 6237 Penn Avenue S., Richfield Residential Heating & Air 1815 East 41 Street, Minneapolis SCR, Inc. 604 Lincoln Avenue NE, St. Cloud Seasonal Control Mechanical Div. 6225 Cambridge Street #29, St. Louis Park Sedgwick Heating & Air 8910 Wentworth Avenue S., Bloomington Southside Heating & Air 10314 Harriet Avenue S., Bloomington PUBLIC DANCE Brooklyn Center Grill, LLC 2590 Freeway Boulevard RENTAL INITIAL 130468 1H Lane Samuel Holloway 5918 Admiral Lane Emeka Okeakpu RENEWAL 6037 Brooklyn Boulevard NB Properties LLP 3614 -16 50 Avenue N. Kjirsten Bjerke- Keenan 470368 1h Avenue N. Bernard McDonough 1706 71 Avenue N. Patricia Sandeen 3901 Burquest Lane Edwin Ngang 5801 Dupont Avenue N. John & Joan Ford 5325 Humboldt Avenue N. Linda Mitchell 4825 Twin Lake Avenue Rena Chrysler TOBACCO RELATED PRODUCT Brookdale Foods Market, Inc. 5808 Xerxes Avenue N. 03/22/10 -2- 6e. AMEND 2010 CITY COUNCIL MEETING SCHEDULE (MOVES CANVASS OF CITY PRIMARY ELECTION FROM SEPTEMBER 15 TO AUGUST 11) 6d. RESOLUTION NO. 2010 -61 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2010 -01, 02, 03, AND 04, DUPONT AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2010 -62 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2010 -05, 06, 07, AND 08, TWIN LAKE AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS 6f. RESOLUTION NO. 2010-63 AMENDING WATER UTILITY RATES Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. 2009 ANNUAL REPORT FIRE DEPARTMENT — FIRE CHIEF LEE GATLIN Fire Chief Lee Gatlin narrated a Power Point presentation detailing the 2009 Fire Department Annual Report. Councilmember Ryan thanked Fire Chief Gatlin for his leadership and the fire fighters for their outstanding service to the community. He asked Fire Chief Gatlin to explain the difference between the duty and non -duty call summary. Fire Chief Gatlin explained a duty crew staffs the West Station and responds to a good majority of the calls received. The duty crew comprises two to three fire fighters and they schedule in probationary fire fighters so they also get experience. Councilmember Roche asked about the new weekend duty crew program. Fire Chief Gatlin stated fire fighters have full time jobs and since calls come in at all times of the morning, a fire fighter may respond to a fire call at 4 a.m. and then have to go to their day job. He explained an average of 2.5 to 3 calls per shift are received so they are working through some issues. Councilmember Lasman stated her appreciation to Fire Chief Gatlin for addressing citizen complaints related to recreational fires. Fire Chief Gatlin advised of recruitment efforts that will be made in 2010 to promote the department to women candidates, target candidates with daytime availability, and to explore a Junior Firefighter Program. He then presented the findings of the citizens' survey conducted by Decision Resources, Ltd. indicating the community's satisfaction with the Fire Department. Mayor Willson stated the commitment and dedication of the fire fighters is very strong and they 03/22/10 -3- take seriously their duties, which impacts home owner's insurance rates. Councilmember Ryan agreed it results in a significant savings to tax payers and the City appreciates their professionalism and dedication. Councilmember Ryan moved and Councilmember Lasman seconded to accept the 2009 Fire Department Annual Report. Motion passed unanimously. 8. PUBLIC HEARING 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mr. Boganey explained that at the March 8, 2010, meeting the Council had requested additional information for residents who appealed their assessments. It was noted that staff recommended one change due to the timing of the re- inspection and closing of the property. Councilmember Roche moved and Councilmember Lasman seconded to re -open the Public Hearing. Motion passed unanimously. Paul Yang, 6233 Scott Avenue N., stated he received an assessment of $400, did not receive notice of the lawn mowing done in July, and he did not buy the property until September 11, 2009. He did not believe it was fair to ask him to pay this assessment since the City knew the property was owned by Wells Fargo. Mr. Yang stated the Title Company indicated there were no assessments owing on this property, otherwise they would not let him close on the sale of the property. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. Mr. Boganey stated staff did send an invoice to the property owner of record but he was not sure if it was sent to Wells Fargo or the person who had the property in their name. With regard to 7007 Drew Avenue N., Mr. Boganey advised that the $305.76 had been paid and then the property owner came forward to appeal the assessment. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2010 -64 Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls to dismiss the assessment on 6233 Scott Avenue N. and to sustain 03/22/10 -4- the assessments on 4013 65 Avenue N., 7007 Drew Avenue N., 5424 Fremont Avenue N., and 5834 Fremont Avenue N. Councilmember Ryan noted that during the closing of a property, the purchaser is supposed to receive notice of amounts owing but, in this case, it did not occur. He asked if there had been a breakdown in the closing process of 6233 Scott Avenue N., since Mr. Yang was not notified. City Attorney LeFevere explained why this cost may not have been identified during an assessment search. Councilmember Roche stated with 7007 Drew Avenue N., the cost occurred prior to the purchase so he believed a refund should be made to Wendy Larson and the City obtain payment from the person who owned the property when the violation occurred. Mr. LeFevere noted the purchase agreement may have indicated the buyer was to pay the amount or money may have been escrowed from the sale to make payment. Councilmember Lasman indicated her motion did not dismiss the 7007 Drew Avenue N. assessment because evidence was not put forth to indicate payment was not part of the purchase agreement. Mayor Willson agreed there may have been a timing issue and, as Mr. LeFevere has indicated, there may be a contract issue or timing issue when the amount due was not identified in a search. Mr. LeFevere clarified that the assessment for 7007 Drew Avenue N. has already been paid so it does not make sense to assess that cost. If the property owner felt they had a claim for a refund, it would not impact the action tonight to assess the costs. Mr. Boganey reviewed the timing for the costs incurred at 6233 Scott Avenue N. and advised that anyone who wants to find out if anything is owed against a property just has to contact the City and ask. The City's records will reflect there is a pending assessment. Historically, the City has not accepted responsibility if the new owner did not know or find out about an assessment. Mr. Boganey clarified it is an assessment against the property and the property owner is responsible, even after the property changes hands. However, in this particular case, both the inspection violation notice and sale to the current owner occurred on September 11, 2009, so there had not yet been an opportunity to invoice the previous owner and append it to the assessment. He explained that since Mr. Yang had no realistic way to know about the $100 pending assessment, it is reasonable to not hold Mr. Yang responsible for the $100 inspection fee. But if someone had asked, they had the ability to know about the $305 assessment. Mr. Boganey stated that to the best of his knowledge, the City has never failed to assess a property simply on the basis that the assessment occurred when someone else owned the property as long as the person who purchased it had the ability to find out about the assessment. He indicated that passage of the motion on the floor would set a different policy going forward. Councilmember Lasman stated she would like cases to be treated in a like manner and asked if passage of the motion on the floor would result in a policy change. Mr. LeFevere explained that a legally binding precedence would not be made in a decision of this kind. He agreed that people expect to be treated the same if similarly situated. Mr. LeFevere explained if the Council makes 03/22/10 -5- a decision and then decides it was not appropriate, it does not take away the ability of this or future Councils from changing the policy. However, the Council would not want to arbitrarily change back and forth. Councilmember Lasman stated she watched the last meeting proceedings and feels her motion should stand because it is fair and if it had happened to her, that is how she would appreciate being treated. She stated she wants to think that this is an unusual case and not often considered. Councilmember Ryan asked if it is generally classified as part of the title search process and obligation of the buyer to research the status of the title and possible liens or assessments against the property. Mr. LeFevere advised that the City's process ignores the ownership because these are liens against the property and obligations of the property. That is why, when buyers and sellers enter a purchase agreement, it indicates who will pay pending and/or levied assessments. If it is not indicated, then the purchaser will have to pay the assessment if it becomes due after the closing. He noted that sometimes a purchaser will not want the seller to pay the cost because they would rather reduce the purchase price by that amount and make payments over time as an assessment through property taxes. Councilmember Ryan stated he is sensitive to the issue of fairness but it seems, on more careful examination, that there is an issue of how these transactions are generally conducted and if the purchaser overlooks an obligation, they assume the obligation upon purchasing the property. Mr. LeFevere stated this action relates to weed removal and nuisance activities but the same principles apply in the case of public improvements for streets or utilities. He pointed out that if the City did not assess because the cost was not actually certified it would be a very costly policy for the City to establish. In the case of delinquent water bills, there is a basis for different treatment since it involves the consumption or use of water that does not benefit the purchaser. The assessments being considered tonight relate to improvements that actually enhance the property. Mayor Willson stated he cannot support the motion in its entirety. He stated he supports certification of the assessments on 4013 65 Avenue N., 7007 Drew Avenue N., 5424 Fremont Avenue N., and 5834 Fremont Avenue N. But, with regard to 6233 Scott Avenue N., he supports assessment of $305.76 as a valid charge the owner should pay or seek judgment against the previous owner. Council consensus was reached that Mr. Yang did not have the opportunity to learn of the September 11, 2009 inspection fee of $100. Councilmember Ryan withdrew his second to the motion. Councilmember Lasman stated that after hearing from legal counsel, she would support a motion amendment to "split the difference," which may be a more amenable motion. Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2010 -64 Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls for assessments and amend the motion to split the $305 assessment 03/22/10 -6- on 6233 Scott Avenue N. so the owner of the property would pay half and be forgiven half, and to sustain the assessments on 4013 65 Avenue N., 7007 Drew Avenue N., 5424 Fremont Avenue N., and 5834 Fremont Avenue N. Councilmember Ryan and Mayor Willson voted against the same. Motion to amend failed. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2010 -64 Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls for assessments on 4013 65 Avenue N., 7007 Drew Avenue N., 5424 Fremont Avenue N., and 5834 Fremont Avenue N. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to table consideration of the assessment for 6233 Scott Avenue N. to the next meeting. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2010 -65 ADOPTING THE 2030 COMPREHENSIVE PLAN UPDATE FOR THE CITY OF BROOKLYN CENTER Director of Business and Development Gary Eitel provided an overview of the City's consideration of the 2030 Comprehensive Plan and advised the Planning Commission's unanimous recommendation for adoption of the 2030 Comprehensive Plan. Mayor Willson stated the Brooklyn Boulevard Overlay Plan is mentioned in this Comprehensive Plan and offered to provide a copy for review. Councilmember Ryan asked what are the significant changes in this Plan when compared to the previous iteration. Mr. Eitel stated the Land Use Plan is consistent since Brooklyn Center is a developed community so there are no major changes but, rather, a re -focus and re- attention to planning issues. Councilmember Ryan stated it seems the next extension of the trail is yet to be fleshed out. Mr. Eitel stated when doing public improvements, more attention will be given by staff to look at the corridors and how to accentuate other modes of travel to the park system and neighborhoods. Councilmember Roche stated this Plan relates to the future of the community and it would have been nice if more people had attended the seminars held by City staff. He noted that the Evergreen Park borders are acknowledged in the City's plans and maps. Councilmember Roche moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2010-65 Adopting the 2030 Comprehensive Plan Update for the City of Brooklyn Center. 03/22/10 -7- Mayor Willson asked if this data is posted to the City's website. Mr. Eitel stated the draft Plan is posted on the City's website and the entire Plan will be posted upon adoption. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010 -66 AUTHORIZING THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE HENNEPIN YOUTH SPORTS PROGRAM Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -66 Authorizing the Community Activities, Recreation, and Services Department to Apply for Grant Funding through the Hennepin Youth Sports Program. Motion passed unanimously. 10b. RESOLUTION NO. 2010 -67 AMENDING SPECIAL ASSESSMENT LEVY NO. 17589, IMPROVEMENT PROJECT NO. 2010 -01, DUPONT AREA NEIGHBORHOOD STREET IMPROVEMENTS Director of Public Works /City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution to approve the request by the property owner of 5837 Dupont Avenue N. to amend the certified special assessment levy roll for his property to pay for the current Dupont Avenue project in the amount of $2,576. Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -67 Amending Special Assessment Levy No. 17589, Improvement Project No. 2010- 01, Dupont Area Neighborhood Street Improvements. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Lasman reported on her attendance at the following events: • March 17, 2010, Crime Prevention Program Meeting. • March 18, 2010, Special Events Committee meeting to discuss the Brooklyn Center Centennial Birthday Parry event in February of 2011. Councilmember Lasman announced the April 21, 2010, Awards Ceremony that will be held at the Brooklyn Center Community Center. She also announced the May 21, 2010, golf fund raiser and advised that cosponsorships are needed. She indicated the Neighborhood Watch Block Captain Workshop was well attended and a success. 03/22/10 -8- Councilmember Roche reported on his attendance at last week's Housing Commission meeting. He announced that on April 3, 2010, another Round Table discussion will be held at the Embassy Suites and is open to the public. The guest speaker, Hennepin County Commissioner Stranglin, will address the Victory Memorial Drive project. Councilmember Ryan reported on subjects covered at the National League of Cities training conference and indicated he looks forward to sharing that training experience with his colleagues at a Work Session. He encouraged residents to promptly respond to the census, noting it will be used to determine federal aid through the County and may affect representation in Congress. Mayor Willson reported on his attendance at the following events: • March 12, 2010, Police Sergeant's induction and honorarium to Police Chief Bechthold. • March 15, 2010, Cable 12 interview on the State of the City. • March 16, 2010, dangerous dog hearing. Mayor Willson encouraged residents to make sure they have control of their pets. • March 17, 2010, Visit Minneapolis North Board meeting. Mayor Willson added his encouragement to residents to return the census, noting the importance to the City. Councilmember Roche announced the Saturday, March 27, 2010, Northwest Suburban Remodeling Fair that will be held at the Crystal Community Center and offers free admission and workshops. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded adjournment of the City Council meeting at 8:30 p.m. Motion passed unanimously. 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 b Mayor Tim Y tY p Y Y Willson at 8:31 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan. Excused Absence: Councilmember Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 03/22/10 -9- Councilmember Ryan moved and Councilmember Lasman seconded to open the Informal Open Forum at 8:31 p.m. Motion passed unanimously. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. William Butler, New Hope, Minnesota, stated he had registered a complaint about a data privacy violation with Police Department and opined it is being ignored. Mayor Willson referred the matter to the City Manager. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 8:33 p.m. Motion passed unanimously. . 03/22/10 -10- STATE OF MINNESOTA) COUNTY 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 March 22, 2010. 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 April 12, 2010, Regular Session. City Clerk Mayor 03/22/10 -11-