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HomeMy WebLinkAbout2011 01-24 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 24, 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, Police Chief Kevin Benner, City Clerk Sharon Knutson, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Others present: City Prosecutor Bill Clelland and Financial Consultant Bob Thistle. 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 Roche seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence to reflect on the sacrifices of those serving in our armed forces 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 7:02 p.m. 01/24/11 -1- 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 Vickie Schleuning, Police Chief Kevin Benner, City Clerk Sharon Knutson, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Others present: City Prosecutor Bill Clelland and Financial Consultant Bob Thistle. 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 remove rental properties 5548 Dupont Avenue N. and 6813 Humboldt Avenue N., Unit B201, from the Consent Agenda, with amendments to the Work Session minutes of January 10, 2011, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 10, 2011 — Study Session 2. January 10, 2011 — Regular Session 3. January 10, 2011 — Work Session 6b. LICENSES MECHANICAL Noah Acquisitions dba Benjamin Franklin Plumbing 14243 d Street N., Minneapolis Patton Heating and Air 589 Swan Lake Ln. NW, Cedar Ryan Plumbing and Heating 811 University Ave. W, St. Paul RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 1606 71 Avenue N. Gregory Lang 5711 Camden Avenue N. Alma Sybrant 6418 Colfax Avenue N. Shawn Cha 5000 Howe Lane Kristen Blincoe 6807 Humboldt Avenue N. C102 Raymond Charest 6807 Humboldt Avenue N. C201 Raymond Charest 6807 Humboldt Avenue N. C303 Raymond Charest 6437 Kyle Avenue N. Sheng Lee 01/24/11 -2- RENEWAL (TYPE I — three-year license) 5637 -39 Girard Avenue N. Earl and Evalyn Krueth (passed w /weather deferral) 3328 49 Avenue N. Sherman Yih Feng Kho 51562 d Avenue N. Jeffrey Agness 421362 d Avenue N. Brannon Ciora 5935 Dupont Avenue N. Gina Dumas 4701 Eleanor Lane Charles Bright 5307 Emerson Avenue N. Jeff Theisen 6343 Emerson Avenue N. Michael Meyer 6728 Grimes Avenue N. Charles Bright 6212 Kyle Avenue N. Kristine Rousseau 4207 Lakeside Avenue #224 Marina Feldman SIGNHANGER VEO Sign, LLC 6353 Martin Ave. NE, Otsego TOBACCO RELATED PRODUCT Regal Dollar and Tobacco, Inc. 61566 1h Avenue N. 6c. RESOLUTION NO. 2011 -14 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2011 -01, 02, 03, AND 04, PALMER LAKE EAST NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6d. RESOLUTION NO. 2011 -15 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2011 -01 AND 02, PALMER LAKE EAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS 6e. RESOLUTION NO. 2011 -16 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2011-05, UNITY AVENUE STREET IMPROVEMENTS 6f. RESOLUTION NO. 2011 -17 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2011 -05, UNITY AVENUE STREET IMPROVEMENTS 6g. RESOLUTION NO. 2011 -18 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2010 -16, SHINGLE CREEK RESTORATION IMPROVEMENTS 01/24/11 -3- 6h. RESOLUTION NO. 2011 -19 APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2010 -01, 02, 03, AND 04, CONTRACT 2010 -A, DUPONT AVENUE STREET AND UTILITY IMPROVEMENTS 6i. RESOLUTION NO. 2011 -20 ADOPTING THE HENNEPIN COUNTY ALL - HAZARD MITIGATION PLAN 6j. 2010 PAY EQUITY COMPLIANCE REPORT REVIEW AND ACCEPTANCE Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING FEBRUARY 4, 2011, TO BE GO RED FOR WOMEN DAY Mayor Willson read the proclamation in full and explained this proclamation had been formally adopted at the January 10, 2011, meeting. 7b. PROCLAMATION DECLARING FEBRUARY 5, 2011, AS CITY OF BROOKLYN CENTER CENTENNIAL DAY Mayor Willson read the proclamation in full and explained this proclamation had been formally adopted at the January 10, 2011, meeting. The Council acknowledged the attendance of volunteer Sue Low, a Centennial Celebration Committee Member. 8. PUBLIC HEARINGS 8a. PROPOSED AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.3 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed amendment to remove 13 parcels identified as the Brookdale parcels. Director of Business and Development Gary Eitel reported that a draft amendment to Tax Increment Financing (TIF) District No. 3 has been mailed to Hennepin County and the School Districts as required by the TIF regulations. He noted a resolution has been drafted for the Council's consideration following the Public Hearing. Jenny Wolfe, Senior Project Manager with Springsted Incorporated, the City's financial consultant, presented the current status of TIF No. 3, impacts of the TIF amendment, and combined effect with the TIF No. 2 decertification. Ms. Wolfe also presented hypothetical tax impacts, noting the amendment and decertification would reduce the total tax bill for properties 01/24/11 -4- located in either School District. The estimated increase in annual tax increment is $695,379 based on pay 2010 tax rates. However, if the amendment is not approved, the City will need to find an alternate source to fund an approximate $580,000 annual shortfall beginning in pay 2012. Mr. Boganey clarified that debt payments are now being paid from fund surplus and the TIF amendment would prevent a shortfall. He noted the estimates are conservative and do not take into account other increases in development, such as the FBI building. In addition, the accumulation of surplus gives the City the ability to pay off the bonds sooner and then decertify the district. The Council acknowledged that this situation resulted from the declining position of Brookdale Mall and the action under consideration will create a revenue stream to service the debt. The Council thanked City staff and Ms. Wolfe for their work with this complex financial issue. Councilmember Lasman moved and Councilmember Roche seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -21 ADOPTING MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO.3 Councilmember Roche moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2011 -21 Adopting Modification to the Tax Increment Financing Plan for Redevelopment Tax Increment Financing District No. 3. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS Mayor Willson asked and received Council permission to read into the record a letter from the Hennepin County Board of Commissioners expressing its sincere appreciation for the professional contribution of City Clerk Sharon Knutson during the recent gubernatorial recount. 01/24/11 -5- 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayor's appointment of LeRoyce Walker, 7237 Oliver Avenue North, to the Northwest Hennepin Human Services Council Advisory Commission with a term to expire December 31, 2012. LeRoyce Walker, 7237 Oliver Avenue N., introduced herself and advised of her education and years of work with disenfranchised families. She thanked Mayor Willson and the Council for appointment and stated she will be an effective advocate for its residents. Motion passed unanimously. 10b. HEARING FOR KELLY MCDOLE, 7219 MAJOR AVENUE NORTH, REGARDING POTENTIALLY DANGEROUS DOG DECLARATION Mayor Willson indicated that work conflict. y t Kell McDole was unable to attend due to a w Kelly Councilmember Lasman moved and Councilmember Ryan seconded to table the hearing for Kelly McDole, 7219 Major Avenue North, regarding potentially dangerous dog declaration to the February 14, 2011, meeting. Motion passed unanimously. 10c. HEARING FOR HUMBOLDT PROPERTIES, LLC, VALLEY INVESTMENTS AND MANAGEMENT, INC. REGARDING RENTAL PROPERTY LOCATED AT HUMBOLDT SQUARE APARTMENTS (6737 AND 6743 HUMBOLDT AVENUE NORTH) City Prosecuting Attorney William Clelland and City Clerk Sharon Knutson advised of the unpaid delinquent taxes and utilities for property known as Humboldt Square Apartments and the facts under consideration. Mr. Clelland advised that the ordinance requires land owners to be current on property taxes and all obligations due to the City during the term of the rental license and an application of relief had not been made. Ms. Knutson reviewed the number of days the taxes and utilities had remained unpaid and noted this is the first time this property was advised taxes were not current. She reported that subsequently taxes and utilities have been paid. Mayor Willson asked if the property owner had indicated the reason for the delinquency. Ms. Knutson stated this property owner had not contacted the City to explain the delinquency. The rental license had been approved on August 23, 2009, and since that time the City has had no contact with the property owner or been alerted of any action at the property. It was noted the information documenting the delinquency will now create a "history trail" for this property. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. 01/24/11 -6- Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. The Council acknowledged there is a clear history of ordinance violations with this rental property and supported strict adherence to the ordinance. Councilmember Lasman moved and Councilmember Roche seconded to direct staff to prepare a resolution with findings of fact to revoke the rental license for a period of six months for property located at Humboldt Square Apartments (6737 and 6743 Humboldt Avenue North) for consideration at the February 14, 2011, Council meeting. City Attorney Charlie LeFevere explained the primary difference between a revocation and suspension. If the license is suspended, it can be reinstated once conditions are met. However with a revocation the applicant is required to make application for new license and pay the application fee. Revocations are limited by ordinance to be no more than one year but can be less. Suspensions are provided for a period of up to 90 days. Councilmember Ryan indicated he would have appreciated hearing from the property owner to learn if there were any mitigating circumstances. He referenced past revocation action of one year against a very large apartment complex based on 700 building code violations over two years and an extraordinary number of police calls. Councilmember Ryan stated support, in this case, for a revocation of six months, which would not be overly punitive while at the same time support the City's ordinances to assure they are observed. Councilmember Roche noted such delinquencies result in added costs to the City's taxpayers and there had been no outreach by this property owner to the community. He stated support for the motion, noting utilities have been delinquent for almost a year and property taxes were delinquent three months. Mayor Willson pointed out the notice of proposed action was clearly worded and stated his support for a six -month revocation. Mr. Clelland verified that the licensee did receive notice of this hearing and the facts presented were un- refuted. Councilmember Lasman referenced Code Section 12.901.4, noting it provides for suspension or revocation and stated her support for a revocation against the entire premises. The Council noted the delinquency impacted the entire complex, not certain units. Mr. LeFevere concurred there was no reason to divide the property. Motion passed unanimously. 01/24/11 -7- 10d. HEARING FOR HYDER JAWEED, HOLDINGFORD INVESTMENTS, LLC, REGARDING RENTAL PROPERTY LOCATED AT BROOKHAVEN APARTMENTS (3907, 3909, AND 391165 TH AVENUE NORTH) Mr. Clelland and Ms. Knutson advised of the unpaid delinquent taxes and utilities for property known as Brookhaven Apartments and the facts under consideration. Mr. Clelland advised that the ordinance requires land owners to be current on property taxes and all obligations due to the City during the term of the rental license. He reported on certified notice sent to the property owner, that the amounts remain unpaid, and the property is under receivership so notice was sent to the receiver as well. Mr. Clelland indicated there had been no notice of lawsuit or application requesting an exception. Ms. Knutson advised of amounts owing, length of delinquency, and lengthy history of unpaid property taxes and utilities. Councilmember Roche moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. The Council agreed to receive testimony from Ms. Retterath. Heidi Retterath, 5402 Parkdale Drive #200, St. Louis Park, representing Steven Scott Management, stated they are the court appointed receiver at the request of CenterPoint Energy and the property is under foreclosure proceedings. She answered questions of the Council regarding the term of the redemption period, which will be six months, and status of occupancy. Ms. Retterath stated they are working hard to turn the property around and will pay utility bills when possible but currently there is not enough revenue to make mortgage payments. Councilmember Roche moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. The Council requested a legal opinion on the information just provided about the receivership status and foreclosure circumstances. Mr. LeFevere advised that it makes no difference in the Council's decision making process because the licensee still owns the property at this point. Councilmember Lasman moved and Councilmember Roche seconded to direct staff to prepare a resolution with findings of fact to revoke the rental license for a period of one year for property located at Brookhaven Apartments (3907, 3909, and 3911 65 Avenue North) for consideration at the February 14, 2011, Council meeting. Motion passed unanimously. 01/24/11 -8- 11. COUNCIL REPORT Councilmember Roche reviewed information pertaining to swimming lessons and other recreational programs and encouraged residents to read the City Watch or call the Community Center for additional information. He reminded residents of the February 5, 2011, City birthday party and advised that tickets are still available for this Party of the Century. Councilmember Roche also announced Centennial Splash on February 12, 2011, 1 -6 p.m., that will include activities for all. Councilmember Lasman reported on her attendance at the following: • January 11, 2011, informational neighborhood meeting for East Palmer Lake street project that was well attended with many questions asked and answered. • January 19, 2011, Crime Prevention Program meeting with informational presentations by Detective Becker, Chief Benner, and Crime Prevention Specialist Boie. • January 21, 2011, Blue Jean Ball Fundraiser that was well attended and supported the Joint Youth Collaborative. • January 22, 2011, Town Hall meeting with State Senator Scheid and Representatives Nelson and Hilstrom. Councilmember Kleven reported on her attendance at the following: • January 11, 2011, informational meeting for the street and utility project at Palmer Lake East. • January 12, 2011, informational meeting for the Unity Avenue street and utility project. • January 13, 2011, Association for Responsible Management (ARM) meeting. • January 13, 2011, Planning Commission meeting. • January 18, 2011, Housing Commission meeting. • January 21, 2011, meeting with Mr. Boganey. • January 22, 2011, Town Hall meeting with the City's elected representatives. Councilmember Kleven encouraged residents to participate in the "Go Red for Women Day" on February 4, 2011. Councilmember Ryan reported on his attendance at the following: • January 11, 2011, Street Department informational meeting on the Palmer Lake East street and utility project • January 12, 2011, informational meeting for the Unity Avenue street utility project. • January 14 and 15, 2011, strategic planning event for Brooklyn Center School District 286 to develop goals and objectives. He noted that Mayor Willson and Mr. Boganey had attended the Saturday session. • January 18, 2011, Park and Recreation Commission meeting. • January 21, 2011, Blue Jean Ball. • January 22, 2011, Town Hall meeting with State Senator Scheid and Representatives Hilstrom and Nelson. 01/24/11 -9- Mayor Willson announced the next Town Hall Meeting will be January 29, 2011, starting at 10 a.m. and indicated he had nothing new to add to the reports presented. 12. ADJOURNMENT Councilmember Roche moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:22 p.m. Motion passed unanimously. 01/24/11 -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: I. 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 January 24, 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 14, 2011, Regular Session. City Clerk Mayor 01/24/11 -11-