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HomeMy WebLinkAbout2013 02-11 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 FEBRUARY 11, 2013 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, Kris Lawrence-Anderson, Lin Myszkowski, Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Director of Business and Development Gary Eitel, City Clerk Sharon Knutson, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence for those who have lost their lives in our country due to an inordinate increase in gun violence. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of 02/11/13 -1- Business and Development Gary Eitel, City Clerk Sharon Knutson, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 28, 2013 — Study Session 2. January 28, 2013 —Regular Session 3. January 28, 2013 —Work Session 6b. LICENSES MECHANICAL Absolute Mechanical, LLC 7338 Ohms Lane, Edina Metro Plumbing and Heating 545 81h Avenue NW, St. Joseph River City Plumbing 8290 Main Street NE, Fridley Simply Plumbing LLC 12234 Ridgewood Drive NW, Elk River Tim's Quality Plumbing 523 Central Avenue, Osseo RENTAL INITIAL (TYPE II—two-year license) 6605 Camden Drive Calvin Johnson 5842 York Avenue N. John Hood 6324 Scott Avenue N. Benson Vang RENEWAL (TYPE III—one-year license) 700-89066 1h Avenue N. —Georgetown Park Wiensch Construction 5711 Camden Avenue N. Alma Sybrant 5133 Drew Avenue N. Sarah Vogt 6437 Kyle Avenue N. Sheng Lee RENEWAL TYPE I—three-year license ( Y ) 6813 Humboldt Avenue N. B 103 Elena Pecherskaya 2718 O'Henry Road Wade Klick 6c. RESOLUTION NO. 2013-22 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND DELINQUENT WEED REMOVAL COSTS 02/11/13 -2- 6d. RESOLUTION NO. 2013-23 APPROVING CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR CALENDAR YEAR 2013 6e. RESOLUTION NO. 2013-24 AUTHORIZING THE CITY MANAGER TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS 6f. RESOLUTION NO. 2013-25 AUTHORIZING EXECUTION OF A LETTER OF ENGAGEMENT FOR PROFESSIONAL SERVICES FOR AUDIT OF THE 2012 FISCAL YEAR Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. REPORT FROM CENTENNIAL AMPHITHEATER FUNDRAISING TASK FORCE Dr. Duane Orn described Centennial Amphitheater Funding Task Force activities and progress related to fundraising for an amphitheater. He indicated they have now raised $175,000 (in hand and letters of intent) in addition to funds from the January 25, 2013, fundraising event. Dr. Orn indicated they have 170(c)(1) tax exempt status; however, some will donate only to organizations with a 501(c)(3) non-profit status. In addition, they have learned that some grants are not available for"bricks and mortar" or new construction projects. Dr. Orn indicated the Showmobile needs to be replaced as it is in a state it can no longer be repaired and lacks a suitable setting for distinguished Veterans programs. Dr. Orn advised of significant donations made by Gatlin Development and Dale Greenwald and noted their goals are to fundraise $335,000 and complete this project within the next 12 months. The Council extended its appreciation to Dr. Orn and the Task Force for their volunteerism and indicated support for this project that will involve no public dollars yet provide public benefit. Councilmember Ryan moved and Councilmember Myszkowski seconded to accept the annual progress report from the Amphitheater Fundraising Task Force. Motion passed unanimously. 7b. 2012 COMMUNITY SURVEY RESULTS City Manager Curt Boganey introduced the item, discussed the history of the Community Survey, and introduced Dr. William Morris, president of Decision Resources. 02/11/13 -3- Dr. William Morris, Decision Resources, presented the findings of the December 2012 Community Survey, noting with the Quality of Life question they found the highest change from negative to positive in their 25 years of polling during a four-year comparison. Dr. Morris concluded that positive ratings are up in intensity, Brookdale is no longer as salient, and concerns from crime have shifted from violent crime to residential or other types of crime. This alone accounts for most of the 20% increase seen across-the-board. Residents overwhelmingly endorse the City's redevelopment efforts as well as financial incentives to target development coming into the community. Areas where concern was expressed related to messy residential yards and support was expressed for the City to put more effort into Code enforcement. Dr. Morris indicated that overall, the survey results show an increase in the number of boosters on the City's behalf, a high regard for the efforts of the City Council, and increased optimism about the future. He noted this reservoir of goodwill will serve the community well. Dr. Morris stated it was a pleasure to make this report showing an outstanding year of improvement, the highest Decision Resources has seen anywhere across the metro area. In response to the City Council's questions, Dr. Morris stated they assured the survey reflected the diversity of the City by taking into account cellular telephone only households and using 11 different foreign language speakers when conducting the survey. The City Council thanked Dr. Morris and his staff for the survey and methodology in which it was presented, giving the City a high confidence in the results. The City Council indicated it was thrilled with the results and knows the spirit of Brooklyn Center has been lifted, in large part due to the hard work and credit of City staff and determination of the City Council to change the perspective of Brooklyn Center. Councilmember Ryan moved and Councilmember Myszkowski seconded to accept the survey results. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PROPOSED USE OF 2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. Boganey introduced the item, described the regulation requiring a Public Hearing prior to considering applications, and the process that would be followed at tonight's meeting. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning described the Community Development Block Grant (CDBG) Program, its purpose, and requirements imposed. She reviewed how the 2012 CDBG allocation of $211,641 was distributed and indicated the City's 2013 CDBG allocation is $211,641. Based on this amount, meeting the 70 percent requirement means that $148,148.70 of the total allocation must be expended on programs and services directly benefiting low-income persons as defined with incomes ranging from 30 to 50 percent (very low income) to 80 percent (low income) of the median household income as defined by HUD. 02/11/13 -4- Ms. Schleuning presented the requests of public service agencies and described services provided by Senior Community Services H.O.M.E. Program requesting $14,000; Community Emergency Assistance Program (CEAP) Senior Service Program requesting $15,000; and, H.O.M.E. Line Tenant Advocacy Program requesting $8,185. She described the services provided by the City of Brooklyn Center' Neighborhood Stabilization/Code Enforcement requesting $150,000 and the Home Rehabilitation Program requesting $29,901. Ms. Schleuning presented the basis for staff's Option 2 recommendation to make the following allocation: Senior Community Services H.O.M.E. Program $12,500 (requested $14,000); CEAP Senior Service Program $12,500 (requested $15,000); H.O.M.E. Line Tenant Advocacy Program $6,740 (requested $8,185); City of Brooklyn Center Neighborhood Stabilization/Code Enforcement $150,000 (requested $150,000); and, Home Rehabilitation Program $29,901 (requested $29,901). It was noted that staff is not recommending funding of Job Readiness and Computer Training (requested $15,000) or Early Childhood Education Improvements (requested $15,000). Ms. Schleuning answered questions of the City Council relating to the request of Christina's Child Care Center for capital improvements for playground equipment, noting it would have to be tracked by the applicant for a five-year period with forms submitted to Hennepin County to determine if it qualified for the requirements. The request of PRO USA is for Job Readiness and Computer Training. The Council acknowledged the difficulty of allocating the City's CDBG annual allotment and recognition there are greater needs in the community than funds available. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. Timothy Morin, Coordinator of Services for Senior Community Services in the northwest suburbs, presented the request of H.O.M.E. and described the organization's mission to allow seniors to remain in their homes by providing services such as homemaking, home repairs, and yard maintenance. In addition, they have worked jointly with the Fire Department to provide and install smoke and carbon monoxide detectors in homes owned by seniors. He stated in 2012 they provided 800 hours of service to low-income seniors through paid workers, contractors, and volunteers. Councilmember Myszkowski disclosed she is an Officer on the CEAP Board but receives no compensation or benefit. City Attorney LeFevere advised this poses no legally disqualifying basis for not voting on this matter. Byron Laher, Executive Director of CEAP, 7051 Brooklyn Boulevard, thanked the Council for its past support and described the programs they provided to Brooklyn Center's residents, delivering over 12,000 hot meals and over 700 specific chore services in 2012. He indicated 02/11/13 -5- 63% of residents they serve with CDBG funds live alone, 80% are women, and over one-half are over 80 years of age. Samuel Spaid, attorney with the HOME Line Tenant Advocacy Program, explained they provide a free hotline for the City's tenants to provide free legal advice, saving legal costs, and preventing evictions. They served 2,000 extremely-low to low-income tenants over the past year, and prevented 20 evictions. Mr. Spaid noted this year foreclosure is expected to be lower and they are not receiving as many bed bug calls. Duanna Siryon, PRO USA Executive Director, presented the request for $15,000 of CDBG funding to provide Job Readiness and Computer Training. He stated they are in the third year of this program, which operates from June to November, and would like to offer expanded services beyond two days per week. Mr. Siryon indicated he is an auditor at the State Department of Revenue and been doing taxes in the community for 12 years so he decided to offer that program as well. He stated he has used personal funds for computer training since they have no other funding for teachers and materials. Kirkpatrick Weah, representing the Liberian Human Rights and Refugee Welfare Organization, thanked the City for this opportunity. He described his 15 years of working with Liberian refugees and great need for computer literacy training and experience for job interviews. Mr. Weah stated he had opened the Liberian-African Youth Center where the computer training will occur during evenings and weekends when other public buildings are closed. The Council discussed the grant application and asked clarifying questions of Messrs. Siryon and Weah relating to location of the Youth Center and Transcea Bible Church, number of days and location where training will occur, collaboration with the Youth Center as a co-agent, type of computers to be purchased, and current use of the Community Corner. Ophelia Vonyee Zeogar, Christina's Early Childhood Center Program Director, stated they have been in operation since 2006 in Brooklyn Park and two years ago moved to Jehovah Jireh Church. She described the services provided to clients and actions taken to receive accreditation. Stephen Barron Zeogar, Christina's Early Childhood Center Chairman, stated they provide services to low-income mothers on a sliding scale and care for children while they are getting State approval from their own pocket. The CDBG funds would be used to improve the playground since they are not able to walk to the City's park during winter weather. It was noted they would also like to purchase new toys to improve fine motor skills and new story books. The Council discussed the request and asked clarifying questions of Ms. Zeogar and Mr. Zeogar. Jo Roberts, Coon Rapids resident, stated her opinion that a citizen participation process is important and suggested the City offer such meetings prior to holding the Public Hearing to eliminate misunderstanding of what CDBG funds can be used for and teach requirements of City, HUD, and Hennepin County. With regard to the community survey support for additional residential code enforcement, Ms. Roberts suggested the use of$150,000 each year from CDBG 02/11/13 -6- has not been effective so the Council should consider using those funds for other organizations and opportunities. The Council discussed the grant applications and asked questions of staff. Ms. Schleuning advised HUD requires that only 15% can be allocated toward public services and to allocate at least $7,500 per service. Hennepin County has recommended funding no more than three activities to maximize the funds. Rev. George Wonlon, Transcea Bible Church General Secretary, thanked the Council for its work and commented on the importance of making the decision on CDBG funding based on what is best for the community, not development. Mr. Weah referenced the community survey findings relating to crime and City Council's goals to reduce crime. He explained one of the reasons he opened the Youth Center is because of the 2012 incident when a Liberian youth killed his mother and brother. He stated he had spent $900 of personal funds to sustain the Center because of the importance of youth. Mr. Weah stated the Youth Center is comprised of more than 45 churches and 11 pastors registered to be on the Youth Center team. He stated they would like to address the City Council at a future meeting to inform of their work with pastors, ministers, and the Bible College. Ms. Roberts asked why the requested playground equipment and materials would not fit into the category for neighborhood revitalization. Mr. Boganey explained the difference between neighborhood revitalization projects that benefit the public as opposed to an activity that provides a service to specific individuals. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to direct staff to prepare a resolution to allocate CDBG Funds based on Option 2. Councilmember Kleven voiced support for Option 3 and reallocating funding to add the request for Early Childhood Education Improvements under NON-PUBLIC SERVICES. In so doing everyone's requests could be accomplished. Mr. Boganey advised that funding for public service activities cannot be expanded beyond 15%. The Council again acknowledged its desire to address all requests; however, funding is limited so it has a duty to strategically apply CDBG to produce the greatest benefit to the entire population, not just one segment, of the City. In addition, CDBG involves federal funds that are highly scrutinized and the two organizations not recommended for funding do not have a long- term record in Brooklyn Center. However, the three organizations recommended for funding have been consistently approved because each can leverage CDBG dollars from private and public sources and provide significant services called for by the City's residents. 02/11/13 -7- Councilmember Kleven stated she will reluctantly support Option 2 after hearing the comments of colleagues. The Council commented on the benefit of reviewing grant applications that have been successful, attending classes on grant writing to leverage the most dollars, and establishing a relationship with fenders. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS —None. 10. COUNCIL CONSIDERATION ITEMS 10a. HEARING FOR TEDDY BEAR EXTENDED LLP REGARDING RENTAL PROPERTY LOCATED AT TWIN LAKES MANOR City Clerk Sharon Knutson advised that City Code Section 12-901(9) requires that rental properties must remain current with property taxes and City utilities during the term of the rental license. She presented the history of action taken relating to Twin Lakes Manor, an apartment complex with 12 buildings and 310 units. It w as n ote d that on August 7 2012 the City Council approved a renewal rental license, which expired October 31, 2012, so the property is posted as unlicensed and undergoing inspection for the rental license renewal. Ms. Knutson advised that on November 28, 2012, the City Assessor notified the City Clerk that Twin Lakes Manor had delinquent second half 2012 property taxes in the amount of$153,674.14 plus accruing penalties and interest and the Utility Billing Clerk advised that utilities were delinquent in the amount of$60,940.83. Ms. Knutson stated on November 30, 2012, a letter was sent to Teddy Bear Extended LLP notifying of delinquent taxes and utilities. On January 10, 2013, the City Clerk notified the City Prosecutor that property taxes and utilities were still not current. The City Prosecutor mailed a letter and notice of proposed license action on January 14, 2013. Ms. Knutson advised that as of today, Hennepin County confirmed second half 2012 property taxes plus penalties and interest remained unpaid in the amount of $164,915 and the Utility Billing Clerk confirmed that utilities remained unpaid in the amount of $60,940.83, a violation of City Code Section 12-901(9). Ms. Knutson completed presentation of the staff report and reviewed other instances when the City Council had revoked and suspended rental licenses for violation of City Code Section 12- 901(9). Ms. Knutson answered questions of the City Council relating to the unresponsiveness of the property owner. Councilmember Ryan moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. 02/11/13 -8- Jesse Menton, representing Teddy Bear Extended LLP, 17221 Creekridge Pass, Minnetonka, stated he is the broker for Leon Fischer who owns this property. Mr. Menton described the deteriorating health of Mr. Fischer and advised that an investor in the community is interested in the property, which is currently for sale. As for the unpaid taxes and utilities, Mr. Menton explained that situation was not known when the purchase agreement was signed so he suspects there will be liens on the property to satisfy those payments prior to closing. Mr. Boganey stated City staff is presently working with Mr. Fischer on his rental license application and making property inspections. The City is not in court with the property owner and will continue moving the licensing process toward the issuance of a new rental license assuming Code violations are addressed or there is a change in ownership. He advised the City Council has the option to suspend or revoke but that does not assure payment of taxes or utilities. The City Council discussed the violation of the Ordinance, indicating revocation appears to be warranted for failure to pay taxes and utilities unless something is presented to sway that opinion and instead consider a suspension for a period of time. The City Council acknowledged the property owner is cooperating on Code issues and based on the testimony of Mr. Menton, it appears there may be mitigating circumstances due to Mr. Fischer's health and that the property may be sold. Mr. Menton described the types of property improvements Mr. Fischer had completed and confirmed he desperately wants to sell the property. The City Council asked questions of Mr. Menton relating to whether the property had been professionally managed and circumstances resulting in 77 vacant units. James Soderberg, 6401 Camden Avenue N., confirmed that he and Mr. Falkman have signed a purchase agreement for Twin Lakes Manor and anticipate a closing by April 15, 2013. Erik Falkman, 6401 Camden Avenue N., stated they have been negotiating with Mr. Fischer for months, have term sheets from preferred lenders, and are well along in the process. They expect to have an appraisal within the next week with third party survey and environmentals done in three weeks. Mr. Falkman stated they have budgeted about $16,000 per unit to reinvest in the property. He assured the Council the grounds and units will be beautiful. Mr. Soderberg described their anticipated investment in Twin Lakes Manor, including a clubhouse with state-of-the-art fitness equipment, noting it will be higher than invested in any of their previous projects. He suggested it would be in everyone's best interest to hold off until May 15, 2013, allowing Mr. Fischer more time to get to closing without suspending or revoking the license. He stated he hoped the City Council would find this to be an unusual circumstance. Mayor Willson noted the time was 11:05 p.m. and asked for a motion to extend the 11:00 p.m. adjournment policy. Councilmember Ryan moved and Councilmember Kleven seconded to extend the adjournment past 11:00 p.m. and complete the agenda. 02/11/13 -9- Motion passed unanimously. Mr. LeFevere advised of actions that could be taken to table consideration, set a date when a rental application could be accepted, or allow the status quo to remain. He noted that the rental license had already expired so an action to suspend or revoke would not be effective. The City Council discussed options available under the circumstances to not encumber the potential sale of this property to an investor who would make improvements to and relicense the property for rental. Mr. Soderberg expressed concern with their ability to secure financing if there is no rental license on the building. He noted unpaid taxes and utilities will be paid at closing and asked if he can get pre-approved for a rental license. Mr. LeFevere advised a contingent approval could be considered subject to resolving Code violations, payment of property taxes and City utilities, and application/issuance of a new rental license. He noted this type of action had not been considered previously with rental licensure but has been considered with liquor licensure due to only one City Council meeting in December. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the hearing. Motion passed unanimously. Mr. LeFevere advised that Teddy Bear Extended LLP has no rental license and cannot rent vacant units, so if the City Council takes no action it will remain status quo until they submit an application. The consensus of the City Council was to take no action on the rental property located at Twin Lakes Manor. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6819 HUMBOLDT AVENUE NORTH, A202 Ms. Schleuning advised that 6819 Humboldt Avenue North, A202, was inspected and 12 property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV 6-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. 02/11/13 -10- Motion passed unanimously. No one appeared to speak. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV 6-month provisional rental license and mitigation plan for 6819 Humboldt Avenue N., A202, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan moved and Councilmember Kleven seconded to suspend Council Reports. Motion passed unanimously. 12. ADJOURNMENT Councilmember Kleven moved and Councilmember Ryan seconded adjournment of the City Council meeting at 11:25 p.m. Motion passed unanimously. 02/11/13 -11- 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 Regular Session of the City Council of the City of Brooklyn Center held on February 11, 2013. 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 25, 2013, Regular Session. City Clerk Mayor 02/11/13 -12-