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HomeMy WebLinkAbout2013 09-09 CCM Regular Session09/09/13 -1- 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 SEPTEMBER 9, 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, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION As the invocation, Councilmember Myszkowski commented on the patient interaction of the City’s Postal Workers with residents and shared a quote by Ralph Waldo Emerson. 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, Interim Finance 09/09/13 -2- Director Greg Andrews, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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 Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 26, 2013 – Study Session 2. August 26, 2013 – Regular Session 3. August 26, 2013 – Work Session 6b. LICENSES MECHANICAL A & M Heating & Air 22280 Tippecanoe Street NE, East Bethel Bredahl Plumbing, Inc. 7916 73rd Avenue N., Brooklyn Park Creative Heating and A/C 355 21st Street, Newport Jay Hawk Mechanical 3307 North Second Avenue NE, Fridley Sharp Heating & A/C 7221 University Avenue NE, Fridley Total Refrigeration Systems, Inc. 949 Concord Street, South St. Paul RENTAL – CURRENT RENTAL STANDARDS INITIAL (TYPE II – two-year license) 4912 Abbott Avenue N. Andrew Pust 5432 Bryant Avenue N. Christopher Raisch 6424 Scott Avenue N. Chen Zhou RENEWAL (TYPE II – two-year license) 5101 Xerxes Avenue N. Dion Ramsey 5418 70th Circle Doug Wahl 4700 Eleanor Lane Kao Thao 5330 Girard Avenue N. Charles Bright RENEWAL (TYPE I – three-year license) 1323 67th Lane N. Ali Sajjad 1300 68th Lane N. Scott Hartmann 1312 68th Lane N. Konrad Wagner 09/09/13 -3- SIGNHANGER Twin Cities Sign Installations 14333 Ural Street NE, Ham Lake 6c. RESOLUTION NO. 2013-102 REVOKING RENTAL DWELLING LICENSE FOR 4901 61ST AVENUE NORTH 6d. RESOLUTION NO. 2013-103 REMOVING 2012 CERTIFIED SPECIAL ASSESSMENTS FOR 6020 EMERSON AVENUE NORTH, BROOKLYN CENTER, MN AS LISTED IN RESOLUTION NO. 2012-122 CERTIFYING SPECIAL ASSESSMENT OF ADMINISTRATIVE FINES/CITATIONS TO THE HENNEPIN COUNTY TAX ROLLS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/ CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item and summarized the process for the City to specially assess public nuisance abatement costs, administrative vacant building registrations, administrative fines, citations, and delinquent utilities. She described the procedure for property owner notification and public hearing. Ms. Schleuning advised of options available after receiving an administrative citation and resulting process for each. She recommended holding the Public Hearings for all three special assessments simultaneously and if an assessment is appealed, action on that property will be continued to allow time for staff review and report at the September 23, 2013, City Council meeting. Mr. Schleuning stated the delinquencies under consideration total $17,219.25 for nuisance abatement costs, $6,480 for vacant building registrations, and $111,385 for administrative fines/citations. Mayor Willson noted the total delinquencies, when including utilities, approaches one-half a million dollars annually. Mr. Boganey estimated that 80% or higher of property owners pay the assessment on an annual basis. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. 09/09/13 -4- Motion passed unanimously. Dina Caceres, daughter of Rosa Caceres, stated her intention to appeal the special assessment for administrative fines/citations on 5633 Logan Avenue North. Gboyee Seeyon stated he wanted to plead with the City Council to not place a special assessment for administrative fines/citations on 5901 Vincent Avenue North. Mayor Willson stated it is unlikely the City Council will consider waiving the assessment and asked Mr. Seeyon if he would like to appeal the assessment. Mr. Seeyon stated he wanted to plead with the City Council to not approve the charge. Glen Oltman stated his intention to appeal the special assessment for administrative fines/citations on 6407 Fremont Avenue North. Doyinsola Lawall stated her intention to appeal the special assessment for administrative fines/citations on 5826 Humboldt Avenue North. Jose Mendoza stated his intention to appeal the special assessment for administrative fines/citations on 6845 Perry Avenue North. Kathryn Lee stated her intention to appeal the special assessment for administrative fines/citations on 3919 52nd Avenue North. Christopher Erickson stated his intention to appeal the special assessment for administrative fines/citations on 6918 Grimes Avenue North. Councilmember Ryan moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-104 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-104 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2. RESOLUTION NO. 2013-105 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS 09/09/13 -5- Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2013-105 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 3. RESOLUTION NO. 2013-106 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES / CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2013-106 Certifying Special Assessments for Administrative Fines / Citation Costs to the Hennepin County Tax Rolls, excepting the following properties: 5826 Humboldt Avenue North, 5901 Vincent Avenue North, 5633 Logan Avenue North, 3919 52nd Avenue North, 6918 Grimes Avenue North, 6845 Perry Avenue North, and 6407 Fremont Avenue North, and continue the Public Hearing for those properties. Motion passed unanimously. NOTE: Resolution No. 2013-106 was reconsidered following Agenda Item 10.b.1. 8b. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Ms. Schleuning introduced the item and explained the process to certify delinquent public utility service accounts for collection with property taxes following a public hearing. She indicated the City has received one written appeal for 5042 Ewing Avenue North. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Musa Manobah stated his intention to appeal the special assessment for delinquent utilities on 5305 Irving Avenue North. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-107 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-107 Certifying Special Assessments for Delinquent Public Utility 09/09/13 -6- Service Accounts to the Hennepin County Tax Rolls, excepting 5305 Irving Avenue North and 5042 Ewing Avenue North continuing the Public Hearing for those properties. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-015 SUBMITTED BY THE LUTHER COMPANY LLLP. REQUEST FOR PRELIMINARY PLAT OF BRI- MAR THIRD ADDITION, AS PART OF THE FIRST AMENDMENT TO THE 2008 LUTHER BROOKDALE HONDA-TOYOTA PLANNED UNIT DEVELOPMENT Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-15 and advised the Planning Commission recommended approval of the applications at its August 29, 2013, meeting. 1. RESOLUTION NO. 2013-108 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-015 SUBMITTED BY THE LUTHER COMPANY, LLLP FOR APPROVAL OF PRELIMINARY PLAT OF BRI-MAR THIRD ADDITION Councilmember Kleven moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2013-108 Regarding the Disposition of Planning Commission Application No. 2013-015 Submitted by the Luther Company, LLLP for Approval of Preliminary Plat of Bri-Mar Third Addition. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2013-016 SUBMITTED BY THE LUTHER COMPANY LLLP. REQUEST FOR CONSIDERATION OF FINAL DEVELOPMENT PLAN/SITE AND BUILDING PLAN FOR THE FIRST AMENDMENT TO THE 2008 LUTHER BROOKDALE HONDA-TOYOTA PLANNED UNIT DEVELOPMENT Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-16 and advised the Planning Commission recommended approval of the applications at its August 29, 2013, meeting. The City Council conveyed its support for the application of Luther Company, noting it has been a good citizen for Brooklyn Center. Mayor Willson extended the City’s apology to Linda McGinty, Luther Company, for the negative comments voiced at the Planning Commission meeting. Darrin Lazan, Landform Professional Services representing the Luther Company, stated they are excited to move this last piece of the project forward. He stated they have no concerns with any 09/09/13 -7- of the conditions placed and will take measures to save the tree in the northeast corner that had been of concern for some. Mr. Lazan stated the Luther Group wants to assure the City they will work towards saving all of the trees; however, flexibility is needed to work with staff in the event a tree cannot be saved during construction. If that occurs, they would agree to replace or relocate with in kind trees. Mayor Willson stated the City has enjoyed the same sentiment with the Luther Organization in being diligent to save trees, whenever possible, and the City Council recognizes that during construction, root damage can occur. 1. RESOLUTION NO. 2013-109 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-016 SUBMITTED BY THE LUTHER COMPANY, LLLP REQUESTING FINAL DEVELOPMENT / SITE PLAN APPROVAL OF THE VEHICLE PARKING AND STORAGE AREA COMPREHENDED UNDER THE FIRST AMENDMENT TO THE 2008 LUTHER BROOKDALE HONDA- TOYOTA PLANNED UNIT DEVELOPMENT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-109 Regarding the Disposition of Planning Commission Application No. 2013-016 Submitted by the Luther Company, LLLP Requesting Final Development/Site Plan Approval of the Vehicle Parking and Storage Area Comprehended Under the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH It was noted that at tonight’s Study Session, the City Council had voiced concern relating to ongoing Mitigation Plan and Ordinance violations and dissatisfaction with the recommendation to issue a Type IV Provisional Rental License. City Attorney LeFevere stated this hearing is limited to deciding whether to accept the Mitigation Plan and if not accepted, if the City Council should ask staff to prepare findings and alternative direction for consideration at the next meeting. 09/09/13 -8- Councilmember Ryan moved and Councilmember Myszkowski seconded to continue consideration of a Type IV License for 5715 Emerson Avenue North, and direct staff to prepare findings and recommendation for alternative direction. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4714 WINGARD LANE Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2013-110 APPROVING A TYPE IV RENTAL LICENSE FOR 4714 WINGARD LANE Councilmember Kleven moved and Councilmember Ryan seconded to Adopt RESOLUTION NO. 2013-110 Approving a Type IV Rental License for 4714 Wingard Lane, subject to the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 8. PUBLIC HEARINGS – CONTINUED David Wylie, 6943 West Palmer Lake Drive, stated he wanted to appeal an administrative citation but was delayed in traffic from arriving earlier. Mr. LeFevere advised that the City Council could entertain a motion to reconsider the resolution adopting the Special Assessments so the Public Hearing can be reopened and Mr. Wylie’s appeal considered. 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/ CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS 3. RECONSIDERATION OF RESOLUTION NO. 2013-106 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES / CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Myszkowski seconded to reconsider RESOLUTION NO. 2013-106 Certifying Special Assessments for Administrative Fines / Citation Costs to the Hennepin County Tax Rolls, and reopen the Public Hearing. Motion passed unanimously. 09/09/13 -9- David Wylie stated his intention to appeal the special assessment for administrative fines/citations on 6943 West Palmer Lake Drive. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2013-106 Certifying Special Assessments for Administrative Fines / Citation Costs to the Hennepin County Tax Rolls, excepting the following properties: 5826 Humboldt Avenue North, 5901 Vincent Avenue North, 5633 Logan Avenue North, 3919 52nd Avenue North, 6918 Grimes Avenue North, 6845 Perry Avenue North, 6407 Fremont Avenue North, and 6943 West Palmer Lake Drive, and continue the Public Hearing for those properties. Motion passed unanimously. 10c. PRELIMINARY 2014 LEVY AND BUDGET Interim Finance Director Andrews introduced the item and presented the preliminary 2014 Levy and Budget in the amount of $15,038,262. It was noted this total included an improvement bond levy to allow that opportunity; however, it can be removed or reduced prior to final adoption in December. If the bond levy remains, it results in an increase of $448,051 or 3.07%. If the bond levy is not included, it results in a decrease of $236,051 or -1.62%. The City Council thanked Interim Finance Director Andrews for his work on the budget and asked questions relating to the median single-family residential property experiencing a decrease in taxes of $64.96 while the levy is increased 3.5%. Mr. Andrews explained that in 2013, the median home value is lower than it was in 2014, which results in lower taxes. Mr. Boganey explained how tax capacity impacts the amount of taxes paid by a residential property. Mayor Willson noted it is also impacted by the State Legislature changing the taxing formulas. Mr. Boganey explained that with the levy limit, the City Council had the ability to increase taxes by $725,669 or 5.10%; however, chose not to do so. The City Council acknowledged the Fire Station Bond has been retired so a smaller bond levy can be considered without raising property taxes. Mr. Boganey stated the bond levy included is to pay the City’s share of the Street Reconstruction Program. 1. RESOLUTION NO. 2013-111 APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2014 Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2013-111 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2014. Motion passed unanimously. 09/09/13 -10- 10d. RESOLUTION NO. 2013-112 ADOPTING A PRELIMINARY BUDGET FOR THE 2014 FISCAL YEAR Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-112 Adopting a Preliminary Budget for the 2014 Fiscal Year. With regard to the incorrect line item relating to the Teen Recreation Program, Mr. Boganey stated that related to the 2013 budget and if desired by the City Council, this year’s budget can be amended. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • September 3, 2013, Joint Session with the Financial Commission • September 4, 2013, Town Meeting hosted by Congressman Ellison and Representative Hilstrom • September 10, 2013, East Palmer Lake Neighborhood Meeting • September 14, 2013, 60th Anniversary Open House for the Brooklyn Center Police Department Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • August 24, 2013, MAC meeting at the Police Department • August 29, 2013, Earle Brown Elementary, Brooklyn Center High School, and Odyssey Academy Open Houses • August 29, 2013, Planning Commission Meeting • September 3, 2013, Joint Session with Financial Commission • September 4, 2013, Minnesota History Center Event • September 4, 2013, Town Meeting hosted by Congressman Ellison and Representative Hilstrom • September 7, 2013, Brooklyn Center Little League Park Fundraiser • September 8, 2013, Unity Temple Church of God in Christ Civic Community Day Event • September 9, 2013, Tour of Northport Elementary School • The bridge across Highway 100 and 57th is now open Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • September 3, 2013, Joint Session with the Financial Commission • September 5, 2013, CEAP Finance Committee Meeting • September 7, 2013, Brooklyn Center Little League Park Fundraiser 09/09/13 -11- • The works of three Brooklyn Center artists, Phillip R. Anderson, Stephanie L. Kunze, and Eric Gene Sommers were chosen for display at the Minnesota State Fair, the State’s largest juried art show. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 28, 2013, Odyssey Academy Board Meeting • August 29, 2013, Brooklyn Center High School Open House • August 30, 2013, Brooklyn Center High School Football Game • September 3, 2013, Joint Session with Financial Commission • September 6, 2013, Brooklyn Center Business Association Golf Fundraiser Event • September 10, 2013, East Palmer Lake Neighborhood Meeting • September 14, 2013, Police Department Open House Mayor Willson reported on his attendance at the following events: • August 27, 2013, Steering Committee Meeting with African Immigration Services • September 3, 2013, Joint Session with Financial Commission 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 9:10 p.m. Motion passed unanimously. 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: L 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 September 9, 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 September 23, 2013, Regular Session. City Clerk Mayor 09/09/13 -12-