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HomeMy WebLinkAbout2010 04-12 CCM Study 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 STUDY SESSION APRIL 12, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, 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, City Clerk Sharon Knutson, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Roche requested discussion on agenda item 10b, hearing for Hyder Jaweed, concerning nonpayment of taxes and possible suspension or revocation of rental license. Mr. Boganey explained the Council will be asked to determine whether to revoke or suspend the rental license. However, the City's legal counsel recommends the Council remove item lob from the agenda and take no action regarding the Hyder Jaweed rental license since taxes were paid and are now current. Staff and legal counsel had discussed the issue of this repeated behavior to withhold payment until after the Public Hearing had been scheduled and advertised and recommends the Council adopt a policy to consider licensing action regardless of property tax payment prior to the hearing. Should the Council find this appropriate, a motion could be made directing staff to prepare a policy to address this specific issue for Council's future consideration. The Council and staff discussed the timing of action and it was explained staff checks with the County when taxes are due and once it is known it is beyond the date for payment, staff takes action to notify the property owner of the delinquency. The Council recognized that a pattern has developed with some rental property owners who habitually make late payments and the current procedure required a lot of time for staff to "bab sit" rental property owners to assure payment of taxes and utilities. It was felt the City Y P P Y p Y Y should be compensated, through a penalty or licensing fee structure, for staff time used to assure payment of delinquencies. The Council considered what should be included in a policy such as: 04/12/10 -1- creation of a mechanism to assure payment of rental property taxes and utilities; instituting a cash penalty for delinquent payment; incorporation of a time line; action to be triggered when the hearing date is scheduled; and to address repeat offenders the policy would indicate that "it would not preclude license action and even if payment is made prior to the hearing, the hearing will be held." It was the majority consensus of the Council to direct staff to schedule this topic for a future Work Session prior to the next notification. With regard to agenda item 10c, hearing for John Paul Roder, Mr. Boganey advised that the property owner had not paid the taxes due October 15, 2009, and delinquent in January of 2010. Staff recommends the Council make a finding of fact and direct staff to prepare a resolution to either suspend or revoke the rental license for the apartment. The Council asked staff to review the effect of revocation versus suspension during the Council meeting. City Clerk Sharon Knutson referenced the printout in the Council's meeting packet that identified the owner of record at Hennepin County and past due amounts. Councilmember Lasman requested discussion on agenda item 8a, Proposed Special Assessments for Delinquent Public Utility Service Accounts for 7120 Logan Avenue N, specifically in relation to the payment plan. She expressed concern that doing so would create "a can o worms" due to the staff time to complete additional record keeping. Mr. Boganey explained that record keeping is not a major issue; however, it would establish precedence for future requests. He indicated it is s preference to certify the assessment. The Council acknowledged Ms. Beelen's spotless payment record and concern with establishing an adverse precedence. Councilmember Lasman requested discussion on agenda item 10e, An Ordinance Relating to Definition of the Clear View Triangle; Amending City Code Section 25 -802, specifically in relation to examples of what would be included in the sight triangle. Mr. Boganey described the types of permanent structures that would be allowed such as a tree or fence which, in reality, already exist. Currently, the Ordinance requires the structures be removed. The amended language provides discretion when something is in the clear view triangle but does not represent a safety hazard. He advised that a policy should be in place that is either Council adopted or creates a standard followed administratively. It was the majority consensus of the Council to direct staff to draft a policy for Council's review and comment at a future Work Session. Councilmember Lasman requested discussion on agenda item 6d, Resolution Designating 2010 Planting List of Allowable Boulevard Tree Species, specifically in relation to the engineer's estimate and low bid. 04/12/10 -2- Public Works Director /City Engineer Steve Lillehaug described staff's activities to interview and compare proposals from two consultants for design services. He advised of the bids received and determination that the hourly rates were comparable and the difference in costs related to the number of hours included in each proposal. Mr. Lillehaug presented his recommendation to award the bid to SRF, noting they also designed the project. The Council indicated support to award the bid to the contractor that realistically estimated the number of hours involved. Councilmember Yelich requested discussion on agenda item 10g, Special Assessment Hearing Appeal for 6233 Scott Avenue N., requesting clarification of the $100 inspection fee. Mr. Boganey stated the ordinance allows a $100 inspection fee each time staff goes back to the same property. In this case, staff is not recommending the $100 fee be certified because it is unlikely the property owner would have known about the $100 fee since the inspection occurred on the same date the property was purchased. The Council discussed this item and noted that while the owner of record may have a claim, it is not against the City so it supported certifying the assessment. Mr. Boganey stated the information in the meeting packet is not intended to suggest this is the actual urchase agreement but rather, it is a standard document that is typical for this type of p g Yp Yl� property transaction. He noted the buyer or seller would have known about the $350 assessment had they called the City to ask about pending assessments. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Roche moved and Councilmember Lasman seconded to close the Study Session at 6:47 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Yelich seconded to reconvene the Study Session at 6:49 p.m. Motion passed unanimously. The discussion continued on agenda item 10g, Special Assessment Hearing Appeal for 6233 Scott Avenue N. Councilmember Lasman stated that after reading the sample purchase agreement and other information, she changed her mind because the agreement clearly stated the buyer or seller is responsible for unpaid assessments. She supported certifying the $350 assessment and forgiving the $100 re- inspection fee since the buyer and seller may not have known about it. It was noted 04/12/10 -3- that this item was tabled to the April 12, 2010, Council meeting because the motion to dismiss one -half of the assessment on 6233 Scott Avenue N. had failed on a tied vote. MISCELLANEOUS Councilmember Lasman requested an update on the MangoTango liquor license. Mr. Boganey explained there may be a change in management so a background check would be required. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS MAJOR PLAN AMENDMENT TO THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION'S SECOND GENERATION MANAGEMENT PLAN AMENDMENT Mr. Boganey introduced the item and explained this was a continuation of a previous discussion of the Shingle Creek and West Mississippi Watershed Management Commission's major plan amendment. The Council had requested additional information pertaining to the Capital Improvement Plan (CIP). Mr. Lillehaug noted the corrected CIP information has been provided to the Council as well as a memorandum to explain how they arrived at the specific levy amounts, broken down per watershed. He requested Council input whether it supports the major plan amendment and exceeding the maximum levy amount for 2010 of $500,000 to levy $637,500. This increase is a result of projects not occurring when originally programmed. The Council discussed the proposed levy, noting the assessment to an individual property would equal about $1.00 for each $100,000 of value on the property. Mr. Lillehaug stated that is a relatively close estimate, noting the 2010 Shingle Creek projects for a $150,000 home would be assessed $6.15. Mr. Lillehaug answered the Council's questions regarding proposed 2010 capital improvement projects, noting it was a good time to undertake construction projects due to the favorable bid environment. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 7:03 p.m. Motion passed unanimously. 04/12/10 -4- 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 Study Session of the City Council of the City of Brooklyn Center held on April 12, 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 26, 2010, Regular Session. City Clerk Mayor 04/12/10 -5-