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HomeMy WebLinkAbout2012 03-26 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 MARCH 26, 2012 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 Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson requested discussion of Item 6c, Resolution Accepting Donations for the Centennial Memorial Amphitheater and Accepting Conditions, noting the language does not address excess funds being used for on-going maintenance. City Manager Curt Boganey stated the resolution can be removed from the Consent Agenda or considered at the next meeting. The consensus of the City Council was to remove Item 6c from the Consent Agenda so an updated resolution can be considered. Councilmember Kleven requested discussion of Item 6d, Resolution Authorizing the Adoption of the Northwest Metro Drug Task Force Joint Powers Agreement, and stated she is thrilled Brooklyn Center has its own task force officer with no increase in cost. Councilmember Kleven requested discussion of Item 8a, Continued Special Assessments for Diseased Tree Removal and Weed Removal Costs, specifically relating to abatements on two properties. She reviewed the long grass abatement on 6418 Kyle Avenue N., noting at the time of purchase, the cost was not processed as a pending assessment. Councilmember Kleven stated she realized the City can legally assess the abatement costs but advocated to remove the assessment since the owner could not speak English, used his son as an interpreter, and the invoice came 14 days after purchase. Councilmember Kleven also requested discussion of the abatement on 5510 France Avenue N., where two abatements occurred prior to the new owner purchasing the property. She advocated to remove the first two abatements and sustain the third abatement. 03/26/12 -1- i i Councilmember Ryan stated the City Council has been consistent in holding the purchaser responsible for liens because it is the duty of the title company, in the search process, to bring to light fees and assessments and inform the purchaser. Mayor Willson confirmed that has been the case if the assessments were pending; however, in both cases cited by Councilmember Kleven, staff has not indicated that the fee was a pending assessment and available to the title company. Councilmember Lasman stated she understands the feeling to be compassionate but supported sustaining the abatement on 5510 France Avenue N. because there is a level of responsibility for the buyer to find whether assessments, liens, or charges are on a property. She commented the City Council needs to look at these types of situations without emotion because it has to make difficult decisions to assure a precedence is not established. Councilmember Ryan concurred with Councilmember Lasman's statements because with enforcement action, the City Council is to hold to the standard of consistency of applying ordinances as written unless some compelling evidence is presented. He noted the difficulty is that many are not sophisticated home buyers, it is not a simple transaction, and the buyer relies solely on professionals to do their job but if they don't, it is a matter between the purchaser and real estate company or closing company. Councilmember Lasman stated she found only one abatement she would support removing, 6418 Kyle Avenue N., because at the time of purchase the charge had not yet been processed as a pending assessment. She indicated the purchaser needs to be an informed buyer and it would be a "slippery slope" if the City Council were to govern and enforce its ordinances based on emotion. Mayor Willson stated he supports assessing both 6418 Kyle Avenue N. and 5510 France Avenue N. because the owner is responsible and should be informed. Councilmember Lasman noted the abatement on 6418 Kyle Avenue N. had not yet been processed as a pending assessment so the owner could not learn of the fee. Mayor Willson pointed out the City has already paid that charge and in upholding the ordinances, the City Council should sustain both assessments. Councilmember Lasman asked how likely it was for the buyer of 6418 Kyle Avenue N. to know about this charge as a pending assessment. Mr. Boganey stated while the timing of this particular abatement is not the ideal situation, the information was available had they contacted the City. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning explained that when the charge is invoiced and appended, people who call requesting information are told the amount of pending assessments. If they call the Finance Department, they are also referred to Building Enforcement and the Water Department. She explained that with 6418 Kyle Avenue N. there was a problem with the invoice coming back so staff is recommending the $150 abatement service charge portion be dismissed and the actual direct 03/26/12 -2- costs be assessed since the City paid the contractor. It was noted this recommendation is reflected as Option 2 in staff's report. Mayor Willson stated he would support staff s recommendation. Councilmember Myszkowski agreed this information can be confusing even for someone who speaks English, much less someone who does not. She stated her concurrence with the comments of Councilmembers Lasman and Ryan that the Council needs to uphold its ordinance. Councilmember Kleven advocated again to remove the assessments since the information was not available. Ms. Schleuning advised that when contacted about outstanding charges, staff tells them to check with their Title Company. Councilmember Kleven asked whether the property owner of 6418 Kyle Avenue N. knows of staff's recommendation. Ms. Schleuning indicated all property owners who appealed know this is on tonight's agenda but were not told of staff's recommendation relating to the abatements since that decision is at the Council's discretion. Mr. Boganey stated the property owners will be informed of the Council's action following tonight's meeting. Councilmember Lasman reported that the City of Champlin charges a fee of $350 for the first abatement and $500 for additional abatements. As a result of this higher fee, Champlin assessed 15 abatements to taxes, only two appealed and were resolved by staff prior to Council consideration. Mayor Willson indicated this may justify that a larger fee is a deterrent. Mr. Boganey advised the City can only charge its staff costs and he expects that is what Brooklyn Center is currently doing. The consensus of the City Council was to ask Mr. Boganey to contact the City of Champlin on the City Council's behalf relating to their administrative fee structure. Councilmember Ryan requested discussion on Item 10e, Acceptance of Staff Report Regarding Proposed Amendment to Brooklyn Center City Charter. Mr. Boganey advised the City has to publish the ordinance within 30 days of its presentation to the City Council and a public hearing has to be held 30 days after that point. The Charter Commission recommendation was received two weeks ago so the ordinance will have to be published in the next several weeks. Councilmember Ryan asked whether the Charter Commission will reconsider some of the amendment language and resubmit it to the City Council. Mayor Willson stated that may occur but the City is obligated by law to follow the path just described. Councilmember Lasman requested the following correction to the Work Session minutes of March 12, 2012: Page 6, Second Paragraph, First Line: "Councilmember/Commissioner Lasman stated a $25,000 contribution with a two-year commitment is very appropriate and that Brooklyn Park contribute a higher level because it has more youth, more residents, and a bigger budget. It was the majority consensus of the City Council to accept the correction to the March 12, 2012, Work Session minutes. 03/26/12 -3- i MISCELLANEOUS Councilmember Lasman requested an update on legislation proposed to reduce regulation on Class C fireworks that would be problematic to the City. She stated this bill was not an appropriate expansion for the metro area and suggested a letter expressing the City's concern be sent to its legislators. Councilmember Ryan stated he and Councilmember Kleven attended the League of Minnesota Cities State Legislative Conference and the League indicated it was aware of that bill and had been active in raising concern. Councilmember Kleven stated her impression the industry would like all fireworks legalized. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Mayor Willson reconvene the Study Session at 6:50 p.m. MISCELLANEOUS—CONTINUED City Council discussion continued on the pending Class C fireworks bill. Councilmember Kleven stated she agrees with Councilmember Lasman that the City Council send a letter to its legislative delegation indicating its opposition to the pending fireworks bill. It was the majority consensus of the City Council to direct Mr. Boganey to draft a letter stating the Council's objection to the pending bill regulating Class C fireworks. ADJOURNMENT Councilmember Lasman moved and Councilmember Kleven seconded to close the Study Session at 6:56 p.m. Motion passed unanimously. 03/26/12 -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 March 26, 2012. 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 9, 2012, Regular Session. City Clerk Mayor 03/26/12 -5-