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HomeMy WebLinkAbout2012 09-24 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 SEPTEMBER 24, 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 Councilmember Ryan requested discussion on Item 8b, Continued Special Assessments for Nuisance Abatement Costs and Administrative Fines/Citation Costs, in particular 6006 Camden Avenue North with a $4,040 certified assessment. He noted the property report shows a repeated failure to comply but he wants to assure proper enforcement was observed given the high assessment and City's intent to not be punitive but, rather,to gain compliance. City Manager Curt Boganey advised that during the Regular Session City Council meeting staff can provide a presentation for each assessment. He noted that fines escalate if compliance is not gained and in this case, the owner repeatedly failed to comply. Mr. Boganey stated the ordinance was applied as written. Councilmember Ryan stated once that information is presented, the City Council can be reassured that the public understands the City is not being punitive. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning explained the property owner had refused to allow the City to make the required inspection to confirm immediate life, health; and safety issues had been corrected. Councilmember Kleven asked about the three constituents who entered an appeal at the last meeting but subsequently paid the amount. Ms. Schleuning advised that prior to the Public Hearing, many had paid the assessment and several more paid after the Public Hearing. She noted the $40 administrative charge will apply but the property owner is allowed to pay until October before the interest starts to accrue. 09/24/12 -1 Councilmember Kleven asked about the assessment on 5836 York Avenue N., noting this is a new resident to Brooklyn Center who purchased the property seven months after the violation and was not aware of the pending assessment. She asked whether a break on this assessment should be considered because this is a new resident and the assessment should have been caught when she closed on the property. Mayor Willson reminded the City Council of the need to be consistent with the ordinance requirements and to not show special consideration to any one resident. He agreed the closing firm should have been aware of this assessment at the time of the closing but that did not occur and someone now has to pay for the fee/costs to the City. Mayor Willson noted the property owner has the option to request remittance from the closing firm. The City Council expressed its appreciation to staff for the extraordinary amount of work that goes into code enforcement/compliance and certifying assessments for collection. Mr. Boganey commented that in this role, the City Council is not a quasi judiciary body but to some degree is a finder of facts assuring that the assessments being proposed are being applied in conformance with the ordinance as written in terms of substance and intent. This means there is latitude to modify an assessment when found the assessment has not been applied in conformance with the ordinance as written or intended. Mr. Boganey cautioned that once the City Council starts making modifications to the assessment for other reasons, it creates a quagmire in how to select one versus another and there is risk that the ordinance becomes invalidated. In addition, others who were assessed now have a potential claim that they did not receive equal treatment under the law, but, rather, discriminatory treatment. Mayor Willson stated if someone feels they have been discriminated against, there is generally legal action in the court system and it is very expensive for the City to defend the City Council's action in court. Councilmember Lasman reviewed that the City Council had changed the ordinance wording to escalate fines because it was found repeat offenders were not taking enforcement seriously. That was the specific purpose of creating escalating fines. She stated she does not recall a time when staff was ever asked to look again at all of the appellants and this year it was an enormous amount of work to reapply the study and put it in a format for the City Council. Councilmember Lasman stated that she now has a better understanding but is not sure that process should be precedence. The City Council agreed with the need to assure life, health, and safety violations are resolved prior to occupancy of a property and that the ordinance is working to gain compliance and licensing of rental properties. Councilmember Myszkowski agreed with the comment by Councilmember Ryan that it is not the intention of the City Council for this to be punitive but, in the end, escalating fines becomes punishing if the property owner refuses to comply. She concurred that the City Council needs to require compliance because to do otherwise,there no need for the ordinance. 09/24/12 -2- Councilmember Kleven requested discussion on Item 6e, Amend 2012 City Council Meeting Schedule to Add Special Budget Work Sessions, in particular City Council Member availability for the two additional budget meetings. Mayor Willson indicated he will be out of town on October 1, 2012; however, a full Council is not required to hold a Special Budget Work Session and in his absence, Mayor Pro Tem Lasman will facilitate the meeting. Councilmember Ryan stated he presumes the Monday, October 1 and November 5, Special Budget Work Sessions will convene at 6:30 p.m. Mr. Boganey confirmed that was the case. The City Council discussed available dates and consensus was reached to make no change to the meeting schedule. Councilmember Myszkowski requested the following correction to the Regular Session minutes of September 10, 2012: Page 11, last line of her re ort� "...sponsored by the League of Women Voters and North Hennepin Area Chamber of Commerce." It was the majority consensus of the City Council to accept correction to the September 10, 2012 Regular Session minutes. MISCELLANEOUS SCHEDULE SPECIAL MEETING FOR CITY MANAGER'S PERFORMANCE REVIEW Councilmember Lasman suggested the City Council schedule the date for the City Manager's performance. Following discussion of available dates, City Council consensus was reached to schedule a Special Meeting for the City Manager's performance review on Monday, October 15, 2012, starting at 5:30 p.m. Mr. Boganey stated he will confirm the meeting date with City Attorney LeFevere. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS GROW WITH BROOKLYN CENTER INITIATIVE Teresa Esler, President of the Brooklyn Center Business Association(BCBA), introduced herself and described the Grow with Brooklyn Center initiative to reach out to business members to create a level of engagement and conversation that may be lacking. The initiative will thank business members who have made a commitment to locate in Brooklyn Center and are providing 09/24/12 -3- jobs, a social and economic value without which the City cannot grow. Ms. Esler noted that given the great development underway and good things happening in Brooklyn Center, it is a good time to say "thank you" and foster this exciting time in Brooklyn Center. The BCBA's ultimate goal is to create more goodwill with the hope that more businesses will get involved with community initiatives. Ms. Esler stated they plan to visit every commercially based business in Brooklyn Center and give them a plant in a "Grow with Brooklyn Center" logoed pot as well as a logoed recyclable shopping bag containing resources, business directories, coupons, and information helpful to businesses in the area. Ms. Esler presented the City Council and staff with a plant and recycling shopping bag. She thanked the City Council and City Administration for its support of the BCBA and stated that fostering a relationship between business and City government will result in good things, noting the City is a testament to that. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan 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. Motion passed unanimously. GROW WITH BROOKLYN CENTER INITIATIVE—CONTINUED The City Council agreed that the BCBA is a positive initiative that will be well received and giving a plant is a visible reminder about nurturing growth to reach fruition. The City Council thanked Ms. Esler for the bags, wished her the best in this effort, and invited her to return to a future meeting with an update. ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Study Session at 6:49 p.m. Motion passed unanimously. . 09/24/12 -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 September 24, 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 October 8, 2012, Regular Session. N City Clerk Mayor 09/24/12 -5-