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HomeMy WebLinkAbout2012 07-23 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 JULY 23, 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, Police Chief Kevin Benner, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested discussion on Item 6b, Licenses, in particular whether 4201 Lakeside Avenue is a single unit. Police Chief Kevin Benner indicated it is a condominium and each is individually numbered. Councilmember Lasman noted the Earle Brown Farm Apartments had more calls than the unit threshold. Police Chief Benner clarified that threshold was based on 6.5 calls for service per unit. Councilmember Lasman requested discussion on Item 7a, Wellness by Design Awards, in particular why the City Council had not been invited to attend that award ceremony at the Earle Brown Heritage Center. City Manager Curt Boganey stated he is unsure why only City staff was invited. Councilmember Lasman requested discussion on Item 10a, Consideration of Type IV 6-Month Provisional Rental License for Twin Lakes Manor, 3305-3433 53`d Avenue North, noting there was an extraordinary number of violations at 1,034. She expressed concern that this owner was not taking requirements seriously and suggested this property be red flagged at the time of renewal so if found to be problematic,the City Council can consider suspension or revocation. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning noted this apartment complex has 310 units. Councilmember Ryan stated he shared this concern and during consideration of that item, would like staff to speak to that issue and why suspension or revocation should not be considered tonight. 07/23/12 -1- Ms. Schleuning reviewed the staff report and advised that due to the number of police issues, many meetings were held with the property owner, staff, the Police Department, and legal counsel was actively involved including drafting the mitigation plan and addendum to address those issues. Councilmember Kleven noted the taxes and utilities are fully paid and the mitigation plan finalized including a window replacement plan, monitoring of the property, and on-site security. She noted these are all steps forward and she thinks the owner can turn the property around in six months' time. Mayor Willson agreed the owner is making the attempt to improve the property and when this rental license is considered for renewal, the City Council can then determine if the mitigation plan was met. He noted this is an aging and outdated apartment complex so the City may need to be more diligent. Mr. Boganey noted this is the first time this property has been before the City Council since adoption of the new rental process and the first opportunity the City Council has had to use the tools built into this stepped process of licensing. Mayor Willson agreed that the goal of the rental licensing program is to bring those tools on line and while there is a learning curve with this new process, the City Council is serious about following those guidelines. Councilmember Myszkowski stated she agrees with the comments made expressing concern with the number of Code violations and police calls. She stated the addendum to the mitigation plan and window replacement plan are good steps forward but she is saddened to think that so many had to live in such subpar conditions, which should not happen in Brooklyn Center. MISCELLANEOUS COMPLIANCE NOTICE FOR A DEAD TREE Councilmember Kleven reviewed the e-mail from a resident on 53`d Avenue N. expressing concerns with her interaction with the City over a compliance notice for a dead tree. She stated she finds the compliance letter to be "cold" and suggested improving this communication by including a cover letter with some of the information contained in Ms. Schleuning's e-mail such as instructions and available choices. The Council discussed the Notice of Compliance, noting it was well worded, included appropriate notice and explanation of the City's Dead Tree Program, and outlined options available to the resident. Mayor Willson noted the City Council dealt with and resolved this issue earlier this year. Mr. Boganey clarified the process used and indicated the City monitors responses received from 07/23/12 -2- citizens regarding our communications and when seeing the same type of complaint, adjustments are made. Concern With Metro Transit Hub Activity Councilmember Myszkowski stated she received a comment of concern from Gateway Commons that there is anxiety over the opening of Walmart and potential for increased,police calls at the Metro Transit hub. One resident has even cited leaving Gateway Commons. Mayor Willson agreed with the need for careful monitoring. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS USE OF EMINENT DOMAIN—COUNCILMEMBER RYAN Councilmember Ryan introduced the item, reviewed the City Council's past consideration of the proposed Charter amendment to impose additional regulations on the process of future EDA actions, and that the major point of contention was the time limit imposed on that process. He indicated had attended the last two Charter Commission meetings in an effort to persuade the Commissioners that it was not in the best interest of Brooklyn Center to place this question on the upcoming ballot. Councilmember Ryan explained in that effort, he had offered to propose to the City Council that it draft an ordinance to impose some restrictions on the City's use of eminent domain. He asked the City Council if it wanted to be passive about the Charter Commission placing this question on the ballot or was willing to consider such an ordinance. Mayor Willson stated he does not support taking action on such an ordinance, noting the Charter Commission has every right to take actions they determine as long as it is part of the Charter. In addition, State Statutes are clear in how eminent domain works and he did not think it was worth the City Council's time to consider such an ordinance to "fix something that is not broken." City Attorney Charlie LeFevere addressed a question of Councilmember Ryan related to the cost and time needed to research the City's past eminent domain proceedings that may have involved other law firms or redevelopment counsel. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Myszkowski seconded to reconvene the Study Session at 6:47 p.m. 07/23/12 -3- Motion passed unanimously. USE OF EMINENT DOMAIN—COUNCILMEMBER RYAN- CONTINUED The discussion continued on use of eminent domain. Councilmember Ryan concurred that the Charter Commission has prerogative to write a Charter amendment but when City Attorney LeFevere presented information on how problematic the proposed amendment would be, some Charter Commissioners summarily disregarded that information. He believed this was the type of issue that argues for representative government and one Charter Commissioner had said he does not know how the public can be educated on this issue prior to the question being placed on the ballot. Mayor Willson noted the Charter Commission has not brought forward an eminent domain question for placement on the ballot. Councilmember Ryan stated that may be because he had made the suggestion about bringing the matter before the City Council. Mayor Willson noted the Charter Commission needs to decide in the next two to three weeks if it wants the question on the fall ballot. Councilmember Myszkowski indicated the Charter Commission is an entity unto itself, charged with the Charter, and can do as they see fit. In addition, even if the City Council considered such an ordinance, the Charter Commission may still desire to create something more restrictive. Mr. Boganey reported on a quick search of the immediate public record conducted by the City Clerk relating to the number of times where the City Council or EDA had adopted a resolution authorizing the use of eminent domain, but there is no easy way to determine the outcome. Councilmember Kleven stated that while she appreciates the work of Councilmember Ryan, she believes the regulations contained in State Statutes are enough. She noted the Charter Commission has a majority to go forward with an amendment. Councilmembers Lasman, Kleven, and Myszkowski stated a preference to wait to see what the Charter Commission determines to do. Mayor Willson concurred and noted there is no eminent domain project in the City's near future and starting an ordinance process will not sway those on the Charter Commission who strongly support moving forward with a ballot question. He noted the Council had unanimously supported not considering an ordinance at a previous meeting. It was the majority consensus of the City Council to take no action in this regard. ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. 07/23/12 -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/Work Session of the City Council of the City of Brooklyn Center held on July 23, 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 August 13, 2012, Regular Session. r C City Clerk Mayor 07/23/12 -5-