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HomeMy WebLinkAbout2015 09-14 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 14, 2015 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 April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, 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 Lawrence-Anderson moved and Councilmember Graves seconded to close the Informal Open Forum at 6:47 p.m, Motion passed unanimously. 2. INVOCATION Councilmember Myszkowski read the quote: "Gratitude is not only the greatest of virtues, it is the parent of all others". 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 09/14/15 -1- Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, 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 Graves seconded to approve the Agenda and Consent Agenda, with the removal and change of item 6f to item l Oc, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 24, 2015 —Study Session 2. August 24, 2015 —Regular Session 6b. LICENSES GARBAGE HAULER Sanimax USA LLC 505 Hardman Avenue, St. Paul MECHANICAL John Bolte Residential Htg & Cooling LLC 22050 Redwood Street NW, Oak Grove Central Heating & Cooling LLC 26009 Nightingale Street NW, Isanti Custom Refrigeration 640 Mendelssohn Avenue N, Golden Valley Larson Plumbing& Heating 3095 162nd Lane NW, Andover North Suburban Heat& Air 19066 Jasper NW, Anoka Owens Companies Inc. 930 East 80th Street, Bloomington St. Paul Plumbing and Htg. 640 Grand Avenue, St. Paul Umberto's HVAC, LLC 13479 Everest Avenue, Apple Valley United Heating &A/C Inc. 1295 Hackamore Road, Medina RENTAL INITIAL (TYPE III—one year license) 292467 1h Lane N Ivan Tkach 5616 Dupont Avenue N Luis Deleon INITIAL (TYPE II—two-year license) 5348 70th Circle N Xin Zhou 5354 70th Circle N Xin Zhou 09/14/15 -2- 5323 Brooklyn Boulevard Chen Zhou/John Stiles 4201 Lakeside Avenue #215 Donna Kabanuk 4207 Lakeside Avenue #240 Tommy Conteh RENEWAL (TYPE III—one-year license) 6601 Camden Avenue N Leroy Massaquoi 5214 Drew Avenue N Paris and Nicole Fadden Missing CPTED follow up and 2 ARM meetings 5528 Humboldt Avenue N Bruce Goldberg Missing CPTED 7156 Unity Avenue N Michelle Shaffer RENEWAL (TYPE II two-year license) 6807-13-19 Humboldt Avenue N Mindy Brummer Humboldt Courts 5324-26 James Avenue N Steven and Debra Elhardt 5321 Colfax Avenue N Teodoro Llerena-Cooke 7112 France Avenue N Rachel and Patrick Higgins 6823 Fremont Place N Duane Carter 7041 Willow Lane N Sandra Hansen RENEWAL (TYPE I—three-year license) 6220 France Avenue N Juanita Pekay Ewing Square 5800, 5830 Logan Avenue N Farnaz Toussi The Lilacs 5209 Xerxes Avenue N Chad Johnson 5211 Xerxes Avenue N Chad Johnson 330162 nd Avenue N Huong Trang 5906 Dupont Avenue N Bruce Goldberg SIGNHANGER Albrecht Sign Company 7775 Main Street NE, Fridley Leroy Signs, Inc. 6325 Welcome Avenue N, Brooklyn Park SignMinds, Inc. 1400 Quincy Street NE, Minneapolis 6c. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CATHOLIC CHURCH, 7025 HALIFAX AVENUE NORTH,FOR A SOCIAL EVENT TO BE HELD OCTOBER 2,2015 6d. RESOLUTION NO. 2015-133 APPROVING A LIMITED LEASE FOR BC LIQUOR AT 3615 48TH AVENUE NORTH, BROOKLYN CENTER, MN 55429 (SURLY DARKNESS DAYS TO BE HELD OCTOBER 24,2015) 09/14/15 -3- 6e. RESOLUTION NO. 2015-134 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6f. RESOLUTION REQUESTING AND SUPPORTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE METROPOLITAN COUNCIL TO UPDATE THE STATE'S TRANSPORTATION PLAN TO INCLUDE A TH 252 FREEWAY CONVERSION PROJECT AND TO IMMEDIATELY PROCEED WITH THE NECESSARY FREEWAY CONVERSION STUDY, PLANNING, AND FUNDING FOR THIS PROJECT This item was moved to Consideration Item No. l Oc. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-135 EXPRESSING RECOGNITION AND APPRECIATION OF JEAN ANDERSON-GOFF FOR OVER 17 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing recognition for Ms. Anderson-Goff s 17 years of service as EBHC Secretary/Receptionist. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-135 Expressing Recognition and Appreciation of Jean Anderson-Goff for Over 17 Years of Dedicated Service to the City Of Brooklyn Center. Motion passed unanimously. 8, PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS On August 10, 2015, the City Council called for a Public Hearing to be held September 14, 2015; notice was published in the official newspaper on August 20, 2015. 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 28, 2015, City Council meeting. 09/14/15 4- Councilmember Graves asked for an explanation regarding partial pre-payments. Ms. Schleuning provided an explanation regarding the process. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mary Warner, 5109 69th Avenue N, stated that someone put a car on their property and they couldn't get the person to remove it. She stated that she called the City to let them know it was not their car. They were billed $125 for the car to be towed. She stated that they are willing to pay the amount but because her husband is not well, she asked if the payment could be delayed to next month. Mayor Willson suggested that since the next meeting is September 28, 2015, there may be enough time for them to pay. Mai Yang, 4212 66th Avenue N, stated that she was fined $400 because the property was vacant. She stated that they recently purchased the property and went through the protocol and were not made aware of the fee. She requested that the fee be removed. Queena Sloan, 5914 Fremont Ave. N, stated that she has been going back and forth with the City regarding a rental license renewal. She stated that she stopped renting the property and lives there and has provided the City with this information. She stated she has notified the City, but keeps getting fined for not submitting documentation. She requested that the fees be removed. Augustine Obinwa, 3201 Mumford Road, stated he has met with the Brooklyn Center City Attorney regarding his citation for removal of scrap wood from his property. He stated that he was fined $55 and has paid part of the fine and that the attorney told him the appeal would come in the mail, but he did not receive it. He would like to remove the remaining fine because he didn't receive the appeal. Josh Carscadden, 5937 Abbott Avenue N, stated that he is representing property owner Mark Crost who resides in Hawaii. He stated that Mr. Crost needs more time to consult his attorneys regarding this issue and that the property is in a class action suit regarding the roof shingles and Mr. Crost cannot make the repairs until the suit is resolved. Lee Beckley, 3901 Burquest Lane, stated that this residence houses The Caring Sisters Home Care Services group home and currently owes $7,000 in assessments. He stated that the home cannot afford to pay assessments. Weyu Bekuto, 3301 Edinbrook Court, Brooklyn Park, regarding 7124 Indiana Avenue N, appealed a $300 fine for renting without a license. He stated that the rental license expired on September 30th and when the City issued the license,they went back to October 1St 09/14/15 -5- Christopher Williams, 1711 73rd Avenue N, asked if he could make a motion to change an ordinance. Mayor Willson stated that he would need to get assistance from his Councilmember to change an ordinance. Mr. Williams stated that he has recently done six different home renovations. He stated he has received eight citations, two of which he received through the mail and the other six he did not receive. He stated he has pictures of his property to coincide with each citation date. He would like the citations removed under a City ordinance that provides for construction materials used in current home renovations to be present on the property. Mayor Willson stated that he was impressed that Mr. Williams had read the ordinances. Josiah Rasugu, 6223 Brooklyn Drive, stated that a friend moved into his house temporarily and abruptly left. He did eventually have a vehicle towed. He also stated that he had a funeral event where people parked on the grass and was cited for this. He stated that he was shocked that the fines were so high. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2015-136 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-136 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2 RESOLUTION NO. 2015-137 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-137 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls, with the exception of the following property: 4212 66th Avenue N, and continue the Public Hearing for this property. Motion passed unanimously. 09/14/15 -6- 3. RESOLUTION NO. 2015-138 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. 2015-138 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls, with the exception of the following properties: 5109 69th Ave. N, 6223 Brooklyn Drive, 5914 Fremont Ave. N, 3201 Mumford Road, 5937 Abbott Ave N, 3901 Burquest Lane, 7124 Indiana Ave N, 1711 73rd Avenue N, 5240 Ewing Ave N, and 3713 Woodbine Lane and continue the Public Hearing for those properties. Motion passed unanimously. 8b. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS On August 10, 2015, the City Council called for a Public Hearing to be held September 14, 2015; notice was published in the official newspaper on August 20, 2015. Nate Reinhardt introduced the item, discussed the history, and stated the purpose of the proposed special assessments. Mayor Willson observed that the delinquent accounts were decreasing instead of increasing. Councilmember Graves asked for clarification on the cycles listed. Mr. Reinhardt clarified the issue. Councilmember Myszkowski moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2015-139 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. 2015-139 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. 09/14/15 -7- 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 2016. He added City staff recommends the adoption of a resolution to establish the preliminary property tax levy for 2016 fiscal year, as well as a resolution to adopt the preliminary budget for those funds. Mayor Willson observed that it was good to see home values increase and that hopefully we will get back to 2008 values. Councilmember Ryan stated that the City portion of the 2016 increase for a single family residential tax rate would be approximately $83 due to a modest increase in operations and the debt service increase to fund the street utility projects. Mr. Reinhardt confirmed the statement and talked about the bonding used to fund improvement of the City's infrastructure. Councilmember Ryan stated that it is a point worth making that over the years the costs have increased and there was a limit to what the City could do under its existing policy to fund street/utility projects without additional bonding. Mayor Willson asked Mr. Reinhardt to confirm his understanding that 2021 is the end of a 30- year program for street reconstruction. Mr. Reinhardt stated that he believes that is correct. He stated that the City does have a 15-year capital improvement plan and that the bulk of the street reconstruction plan will take place over the next five years. Mayor Willson commented that the City has not had the revenue stream in the past to do capital improvement projects; has tried to keep utility rates flat; and it is now addressing infrastructure problems. He commended Mr. Boganey and his staff for getting the City to the point where it has some dependable revenue stream for capital improvement projects; getting a plan in place for street reconstruction; and keeping property taxes stable. 1. RESOLUTION NO. 2015-140 APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND 09/14/15 -8- REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2016 Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-140 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 2016. Motion passed unanimously. 2. RESOLUTION NO. 2015-141 ADOPTING A PRELIMINARY BUDGET FOR THE 2016 FISCAL YEAR Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-141 Adopting a Preliminary Budget for the 2016 Fiscal Year. Mayor Willson commended Councilmembers for their work on the budget by attending additional meetings and working with the staff and the Financial Commission to come up with solutions. Mr. Boganey thanked the staff members for putting together a strong, efficient budget that addresses the strategic issues and goals. He stated that infrastructure is a passion of his and he is pleased to know that they have done the hard work necessary to bring the infrastructure up and keep it up. He believes successors will thank all of them for not leaving it in shambles and not allowing it to decline. He also believes it creates an environment for which people want to invest because they see the local community is also investing. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 10a1 through 10a6. 10bl. 5328-30 QUEEN AVENUE NORTH 10a2. 4118 WOODBINE LANE NORTH 100. RESOLUTION NO. 2015-142 APPROVING A TYPE IV RENTAL LICENSE FOR 3901 BURQUEST LANE 10a4. RESOLUTION NO. 2015-143 APPROVING A TYPE IV RENTAL LICENSE FOR 6007 GIRARD AVENUE NORTH 09/14/15 -9- 10a5. RESOLUTION NO. 2015-144 APPROVING A TYPE IV RENTAL LICENSE FOR 6937 UNITY AVENUE NORTH 10a6. RESOLUTION NO. 2015-145 APPROVING A TYPE IV RENTAL LICENSE FOR 6013 ZENITH AVENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 5328-30 Queen Avenue North; 4118 Woodbine Lane North; and, RESOLUTION NO. 2015-142 Approving a Type IV Rental License for 3901 Burquest Lane, RESOLUTION NO. 2015-143 Approving a Type IV Rental License for 6007 Girard Avenue North, RESOLUTION NO. 2015-144 Approving a Type IV Rental License for 6937 Unity Avenue North, and RESOLUTION NO. 2015-145 Approving a Type IV Rental License for 6013 Zenith Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 10c. RESOLUTION NO. 2015-146 REQUESTING AND SUPPORTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE METROPOLITAN COUNCIL TO UPDATE THE STATE'S TRANSPORTATION PLAN TO INCLUDE A TH 252 FREEWAY CONVERSION PROJECT AND TO IMMEDIATELY PROCEED WITH THE NECESSARY FREEWAY CONVERSION STUDY, PLANNING, AND FUNDING FOR THIS PROJECT (Agenda item 6f) Public Works Director/City Engineer Steve Lillehaug gave a history, status and information on the corridor study and process. Councilmember Ryan stated that he wanted a report as the resolution was passed so that citizens would be fully aware. He stated that this doesn't mean that the City is ready to build something in the near future, but it is in the interest of communicating clearly to MnDOT and the Met Council that this should be a priority project. Councilmember Lawrence-Anderson asked if the public has input on the final project. Mr. Lillehaug responded affirmatively. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-146 Requesting and Supporting the Minnesota Department of Transportation and the Metropolitan Council to Update the State's Transportation Plan to Include a TH 252 Freeway Conversion Project and to Immediately Proceed with the Necessary Freeway Conversion Study, Planning, and Funding for This Project. Motion passed unanimously. 11. COUNCIL REPORT 09/14/15 -10- Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • August 26, 2015: Safe Summer Nights Event • September 8, 2015: Joint Work Session with Financial Commission • September 15, 2015: Happy Hollow Neighborhood Park Meeting • September 17, 2015: Speaking at Riverwood Neighborhood Association Meeting • September 19, 2015: Brooklyn Center Fire Department Open House • September 19, 2015: Crime Prevention Book Sale at Spiritual Life Church Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • August 24, 2015: Missed the City Council Meeting • August 17, 2015: Joint Work Session with Financial Commission • August 26, 2015: Safe Summer Nights Event • August 31, 2015: Brooklyn Youth Council Meeting • September 2, 2015: Rotary Luncheon with Congressman Keith Ellison • September 8, 2015: Joint Work Session with Financial Commission Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 26, 2015: Safe Summer Nights Event • September 2, 2015: Rotary Luncheon with Congressman Keith Ellison • September 8, 2015: Joint Work Session with Financial Commission • September 9, 2015: Odyssey Board Meeting and Family Fun Night • September 15, 2015: Housing Commission and Neighborhood Meeting Conflict Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • August 25, 2015: Attended a Back-to-School Event at Minneapolis Public Schools • August 26, 2015: Missed the Safe Summer Nights Event • September 8, 2015: Joint Work Session with Financial Commission • September 15, 2015: Health Equity Engagement Cohort Meeting Regarding the Light Rail • September 15, 2015: Happy Hollow Park Neighborhood Meeting • September 16, 2015: Crime Prevention Event Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 25, 2015: Mayor's Minute Interview • August 26, 2015: Spoke at Community Action Partnership of Suburban Hennepin • August 26, 2015: Greater Minneapolis Council of Churches of West Africa • August 26, 2015: Safe Summer Nights Event • September 8, 2015: Joint Work Session with Financial Commission • September 15, 2015: Happy Hollow Park Neighborhood Meeting • September 16, 2015: Brooklyn Bridge Alliance Special Board Meeting • September 19, 2015: Brooklyn Center Fire Department Open House 09/14/15 -11- Councilmember Lawrence-Anderson reported that Wingstop had provided the chicken for the Safe Summer Night event. Mr. Boganey stated that he appreciated those that could attend the Rotary Club meeting and stated that Dave Kiser from Channel 12 will be an upcoming speaker. He will provide Councilmembers with details and dates. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 8:41 p.m. Motion passed unanimously. 09/14/15 -12- 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 14, 2015. 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 28, 2015, Regular Session. City Clerk Mayor 09/14/15 -13-