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Home My WebLink About2014 09-08 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 SEPTEMBER 8, 2014 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 Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kleven was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, 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 Mary Mullen, 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 Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lawrence-Anderson read a verse of lyrics from the song "Imagine" by John Lennon (Imagine, 1971). She recognized U.S. troops and their families throughout the world for their contributions and sacrifices. She requested a moment of silence in their honor as the Invocation. 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 09/08/14 -1- Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kleven was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, 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 Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 6d, Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2014-05, Water Treatment Plant, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 25, 2014— Study Session 2. August 25, 2014—Regular Session 3. August 25, 2014—Work Session 4. August 25, 2014—Executive Session 6b. LICENSES MECHANICAL B & B Plumbing LLC 25593 109th Street NW, Zimmerman Carter Custom Construction 3276 Fanum Road, Vadnais Heights Faircon Service Company 764 Vandalia Street, St. Paul Peterson Pinney, Inc. 4151 Coon Rapids Blvd, Coon Rapids RENTAL INITIAL (TYPE III—two-year license) 2001 54th Avenue N Ying Que 7036 Morgan Avenue N Lillian McDonald INITIAL (TYPE II—two year license) 1600 71St Avenue N RHA 3, LLC 6907 Grimes Avenue N Jack Zheng 6907 Palmer Lake Drive W RHA 3, LLC RENEWAL (TYPE III—one-year license 5924 June Avenue N Tou Vue—Missing ARM Meeting 4207 Lakeside Avenue #322 Paul Swedberg 09/08/14 -2- 5319 Northport Drive Mindy Jean Mazzuco 7024 Oliver Circle Juliana Koe RENEWAL (TYPE II—two-year license) 430963 rd Avenue N Kyle Dalton 4416 69th Avenue N Eugene &Diane Wright 7025 Drew Avenue N Dave Swartout 3024 Nash Road James Hardy Morgan 6812 Scott Avenue N Lankia Lartey RENEWAL (TYPE I—three-year license) 3141 49th Avenue N Manoj Moorjani 5655 Northport Drive Cindy& Raymond Scherbing 6c. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH AND SCHOOL, 7025 HALIFAX AVENUE NORTH, FOR A SOCIAL EVENT TO BE HELD OCTOBER 3, 2014 6d. Item was removed from the agenda. 6e. RESOLUTION NO. 2014-118 AUTHORIZING THE EXECUTION OF A LETTER OF ENGAGEMENT WITH A PUBLIC ACCOUNTING FIRM FOR PROFESSIONAL AUDIT SERVICES 6f. RESOLUTION NO. 2014-119 PROVIDING FUNDING TO SUPPORT THE BROOKLYN BRIDGE ALLIANCE YOUTH EMPLOYMENT INITIATIVE 6g. RESOLUTION NO. 2014-120 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6h. ORDINANCE REGULATING SIGNS THAT ARE WORKS OF PUBLIC ART; AMENDING BROOKLYN CENTER CITY CODE, SECTION 34-140 —Approve first reading and set second reading and Public Hearing on October 13, 2014. 6i. RESOLUTION NO. 2014-121 AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE A HUD FAIR HOUSING COMPLAINT 6j. RESOLUTION NO. 2014-122 AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE A PETITION TO AMEND MINNESOTA RULE 3535 Motion passed unanimously. 09/08/14 -3- 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 2014 AS NATIONAL RECOVERY MONTH. Mayor Willson read in full a Proclamation declaring the month of September 2014 as National Recovery Month. Mayor Willson stated he has been asked to participate in a panel discussion with other recovery advocates at the White House on September 17, 2014, hosted by the Office of National Drug Control Policy (ONDCP). Councilmember Myszkowski thanked Mayor Willson for his leadership and dedication to recovery advocacy, and for turning his personal tragedy into momentum for change and awareness. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt a Proclamation Declaring the Month of September 2014 as National Recovery Month. Motion passed unanimously. 7b. RESOLUTION NO. 2014-123 EXPRESSING RECOGNITION AND APPRECIATION OF JEFFREY FRYBARGER FOR OVER 29 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing recognition and appreciation of City employee Jeffrey Frybarger, who is retiring from his position within the Brooklyn Center Fire Department after 29 years of service. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-123 Expressing Recognition and Appreciation of Jeffrey Frybarger for Over 29 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. 7c. PRESENTATION AND RECOGNITION OF FIREFIGHTER DAVE DUSTIN Mayor Willson read in full a posthumous Proclamation in recognition of Firefighter Dave Dustin. He presented the Proclamation to the family of Dave Dustin. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve a Proclamation of Recognition of Firefighter Dave Dustin. Motion passed unanimously. 8. PUBLIC HEARINGS 09/08/14 -4- 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 reviewed the procedure for property owner notification and public hearing. 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 22, 2014, City Council meeting. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. Wade Klick, 17003 Weaver Lake Drive, Maple Grove, stated he is the owner of the property at 6300 France Avenue North, Brooklyn Center. He added he received a final notice for Special Assessments, but had never received the first two notices. He noted the third notice came via and certified mail, but the first two notices did not. He expressed concern with regard to the process. Mr. Klick stated his current address was available on the rental application. He added his tenants speak Spanish, and the Special Assessment notices should be written in both English and Spanish. Queena Sloan, 7882 83rd Court North, Brooklyn Park, stated she is the owner of the property at 5914 Fremont Avenue North, Brooklyn Center. She added neither she nor her rental management company received notices. She noted her current address is on the rental application. She expressed concern that she should not be responsible for the increased fees because she did not receive proper notice. Mr. Boganey requested clarification regarding the alleged violations. Ms Sloan stated she was required to produce a document necessary for completion of the rental application. William Leyman, 7236 Riverdale Drive, Brooklyn Center, stated he received a Special Assessment notice for tall grass and weeds in his back yard. He added the photos were taken over the top of a privacy fence. Rodney Birosh, 5331 Camden Avenue North, stated he paid fines earlier in 2014 for a trailer on his property that is not visible from the street or his neighbor's yard. 09/08/14 -5- Mr. Birosh stated that City staff advised him to pay the fine and avoid lengthy delays which would increase his total levy amount. He added City staff indicated that the City Council would approve the Special Assessments. James Elliott, 3713 Zenith Avenue North, Robbinsdale, stated he is the owner of the property at 5316 Logan Avenue North, Brooklyn Center. He added he was fined by the escrow company because they recorded the property as vacant although he was in the process of renovating the home. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. City Attorney Charlie LeFevere recommended a single motion to encompass all special assessments as the Public Hearing was held for all three resolutions. It was the general consensus of the City Council to adopt the three resolutions pertaining to special assessments under one motion. 1. RESOLUTION NO. 2014-124 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS 2. RESOLUTION NO. 2014-125 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS 3. RESOLUTION NO. 2014-126 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt the following: RESOLUTION NO. 2014-124 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls, with the exception of the following properties: 6300 France Avenue North, 5914 Fremont Avenue North, 7236 Riverdale Road, and 5331 Camden Avenue North, and continue the Public Hearing for those properties; RESOLUTION NO. 2014-125 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls, with the exception of the following property: 5316 Logan Avenue North, and continue the Public Hearing for this property; and, RESOLUTION NO. 2014-126 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. 09/08/14 -6- Motion passed unanimously. 8b. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Mayor Willson stated the staff memo related to this agenda item indicates a consistent annual increase in the total number of delinquent accounts as well as the dollar value of assessments. He expressed concern with regard to the subsequent financial impact of these increases. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2014-127 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014 -127 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. PRELIMINARY 2015 LEVY AND BUDGET Finance Director Nate Reinhardt introduced this item and reviewed the proposed establishment of a maximum levy and preliminary budget for 2015. He added City staff recommends the 09/08/14 -7- adoption of a resolution to establish the preliminary property tax levy for 2015 fiscal year, as well as a resolution to adopt the preliminary budget for those funds. 1. RESOLUTION NO. 2014-128 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 2015 Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-128 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 2015. Motion passed unanimously. 2. RESOLUTION NO. 2014-129 ADOPTING A PRELIMINARY BUDGET FOR THE 2015 FISCAL YEAR Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-129 Adopting a Preliminary Budget for the 2015 Fiscal Year. Motion passed unanimously. Mayor Willson expressed his appreciation of City staff's comprehensive review of the budget, along with input from the Financial Commission. Councilmember Myszkowski thanked Mr. Reinhardt for his clear and well-presented review of this issue, especially as he is relatively new to City staff. 10b. TOBACCO RELATED PRODUCTS LICENSE FOR VALUE FOODS, 6820 HUMBOLDT AVENUE NORTH Mr. Boganey introduced this item and reviewed a tobacco related products license submitted by Abdou Wahab Jaiteh for Value Foods, 6820 Humboldt Avenue North. He stated a new standard was implemented under the current licensing ordinance, and applicants are required to prove that they have not been convicted of any violation within the last 5 years. Mr. Boganey stated the applicant was cited for sale of tobacco to a minor in 2013, as well as another employee in May 2014. He added the City Attorney has given the applicant the opportunity to resolve the outstanding citation. He noted the applicant has declined the offer and requested a public defender, and a court case has been scheduled for October 21, 2014. Mr. Boganey stated City staff recommends that this license application be denied until the outstanding citation is resolved. 09/08/14 -8- Mayor Willson stated the case is not technically subject to the citation rule as the applicant has not been convicted. Mr. LeFevere stated the matter could be tabled and resolved after the City Council's November 10, 2014, meeting. Police Chief Kevin Benner expressed concern that the court case has been delayed multiple times and could extend into 2015. Mayor Willson stated he would support tabling the issue, as he would prefer to wait it has been reviewed by the courts. Councilmember Lawrence-Anderson stated she supports tabling the issue. Councilmember Myszkowski stated tabling the issue might indicate an assumption of guilt. Councilmember Lawrence-Anderson asked whether the applicant's licenses would be revoked if he is found guilty. Mr. Boganey stated the applicant would not be eligible for license renewal for 5 years. Councilmember Ryan moved and Councilmember Myszkowski seconded to table the license application for Value Foods, 6820 Humboldt Avenue North. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • August 27, 2014, City Council Budget Work Session with Financial Commission • August 28, 2014, Interview Committee for City Financial Auditor; MMKR selected for the next 3 years • September 3, 2014, City Council Budget Work Session with Financial Commission • September 4, 2014, Lions Club Business Meeting to organize fundraising for charitable causes • September 9, 2014, Metro Cities Transportation Policy meeting • September 12, 2014, Crime Prevention Association Book Sale pre-sale ($3 entry) from 4:00 —8:00 p.m. at Cross of Glory Lutheran Church • September 13, 2014, Crime Prevention Association Book Sale Fundraiser from 9:00 a.m. — 3:00 p.m. at Cross of Glory Lutheran Church • September 13, 2014, West Fire Station Open House, 9:00 a.m. —2:00 p.m. • September 13, 2014, Grand Opening of North Memorial Clinic, 5615 Xerxes Avenue North Suite D, from 10:00 a.m. — 1:00 p.m. • September 18, 2014, Proclamation of Grand Chapter of Masons' Annual Convention—filling in for Mayor Willson • September 18, 2014, Firehouse Park Neighborhood Meeting, 6:00 — 8:00 p.m., opening remarks - filling in for Mayor Willson 09/08/14 -9- Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • August 27, 2014, City Council Budget Work Session with Financial Commission • September 3, 2014, City Council Budget Work Session with Financial Commission • September 13, 2014, Grand Opening of North Memorial Clinic-food shelf donations will be accepted, 1St 400 children will receive a plush toy Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 27, 2014, City Council Budget Work Session with Financial Commission • September 3 and September 8, 2014, Brooklyn Center Business Association meeting • September 12, 2014, Crime Prevention Association Book Sale pre-sale at Cross of Glory Lutheran Church • September 13, 2014, Crime Prevention Association Book Sale Fundraiser at Cross of Glory Lutheran Church • September 3, 2014, "Highway 100, Lilac Way" airs on PBS Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 27, 2014, City Council Budget Work Session with Financial Commission • August 28, 2014, Interview Committee for City Financial Auditor; MMKR selected • August 30, 2014, Key Note Speaker at Liberian Convention, hosted by Kru Tribe • September 3, 2014, City Council Budget Work Session with Financial Commission • September 10, 2014, "Mayor's Minute"videotaping at Cable TV 12 • September 13, 2014, West Fire Station Open House • September 13, 2014, Grand Opening of North Memorial Clinic • September 17, 2014, National Drug Control Policy Panel at the White House, Washington, D.C. • September 18, 2014, City Council Budget Work Session with Financial Commission • September 18, 2014, Firehouse Park Neighborhood Meeting, will arrive late 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:40 p.m. Motion passed unanimously. 09/08/14 -10- 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 September 8, 2014. 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 22, 2014, Regular Session. oajwt' pl✓fj f �+'. /Cr / ("..,- 'Z..iO,i`y�. City Clerk Mayor 09/08/14 -11-