Loading...
HomeMy WebLinkAbout2015 09-28 CCM Study/Work Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION SEPTEMBER 28, 2015 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:04 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves (arrived at 6:09 p.m.), Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Tim Gannon, City Attorney Troy Gilchrist, City Clerk Sharon Knutson, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan wished to discuss issues related to agenda item lOB Hearing for Nelia Schaff Regarding Rental Property Located at 7018 Brooklyn Boulevard. He asked Assistant City Manager/Director of Building and Community Standards Vickie Schleuning if the City would be better off not imposing an additional penalty for delinquent property taxes given the fact that the City Council has not established clear policies for that class of violation. City Clerk Sharon Knutson explained that in the case of delinquent City utilities or property taxes for rental properties with three or more units, the City Council policy has been to come before the City Council. If someone is operating without a rental license, the matter would go through the court system. The City's policy is followed for any of the multi-family properties with unpaid or delinquent taxes or utilities. This is the second time this property has been brought before a hearing. Councilmember Ryan stated that Ms. Knutson did a nice recap of the facts surrounding the issue, which is that the property taxes have been paid. This property also has two previous violations. He questioned if the City Council would be more at risk for a challenge if it levied a penalty against the property when it doesn't have an actual policy. He stated the City does not have a lot of history with this specific issue and asked if the City Council should codify a policy. 09/28/15 -1- Mayor Willson stated that the City does have a policy in place and clearly, there was a violation. This violation didn't come before the City Council when it occurred so to impose a penalty at this point doesn't make sense. If the property had still been in arrears, it would have made sense. Ms. Knutson stated that 30 days after the property tax due date a notice is sent out to multifamily property owners with unpaid property taxes, and the rental owners have a period of time to correct. If property taxes are not current after the deadline, a notice of hearing is sent and states that even if they paid the taxes,they still have to come before the City Council for a hearing. Mayor Willson stated he would like to see the delinquent property owners before the Council sooner so a decision can be made for suspension or revocation. Ms. Knutson explained that the property owner did not attend the previously scheduled hearing and the City Prosecuting Attorney, after consulting the City Council policy, decided that he wanted to notify the property owner that their past violations would also be considered so the hearing was rescheduled. Mayor Willson stated that the postponement led to asking the City Council to make a decision now that the taxes have been paid and that the City Council is not in the business to be vindictive but it wants to make sure property owners are paying their taxes. Ms. Schleuning stated that from staffing standpoint, it is hard to check all the licenses at the time taxes are due. Mayor Willson stated that the City knows there is a pool of people that should be flagged. Ms. Schleuning stated that there was an atypical delay in this case. She stated that the City's attorney is working on a consequence for chronic violators that if they don't pay the taxes by a certain date, their license will be suspended. She stated that this situation was atypical and also the property owner did not attend the previous hearing. Mayor Willson stated he wouldn't support automatic revocation and suspensions. He does not want to see the City Council look vindictive. He stated that the City has some culpability for the time that has expired after the 30 days. Councilmember Ryan stated that he wasn't advocating for a decision, but should the City Council choose to impose a penalty it would be important to have a policy in place especially for a chronic violator with a due date in two weeks. He suggested having a policy in place that the City Council has the option to impose a possible 90 day suspension should the property fail to meet its obligation on the next tax due date. Mayor Willson stated he has previously questioned if a property owner pays in advance before the hearing, should there still be a hearing. He stated it is a City Council decision to revoke or suspend and it has to get to the City Council for a hearing. 09/28/15 -2- Ms. Knutson stated that the owner will be at the hearing tonight to discuss their financial situation. Mayor Willson stated that chronic violators can be checked on the day the taxes are due and they can be put on the City Council agenda after the 31"day. If they pay the taxes,the hearing can be canceled. Ms. Schleuning stated that when property owners continually pay late, there is a financial impact to the City. She stated that without consequences, there is nothing to prevent property owners from not paying on time. Councilmember Myszkowski asked how a chronic violator would be determined. Ms. Schleuning stated that most owners are paying on time. Ms. Knutson stated that she thinks the City has done a good job educating rental owners of the importance of complying with and staying in compliance with the City Code and avoiding penalties that could be imposed for violation. Ms. Schleuning stated the number of properties that were unlicensed in the past was a drain on resources and the City needs to continue to be diligent. Mayor Willson stated his preference for going to a revocation or suspension rather than trying to impose a fine. Councilmember Ryan stated that giving the property owner/manager knowledge of the ordinance would probably get their attention. He talked about the City's past experience with two rental properties. He is not suggesting a sanction of suspension tonight, but he thinks that it wouldn't be a bad idea that the City Council makes it clear under what circumstances a suspension will be imposed. Mayor Willson confirmed with Councilmember Ryan that he was suggesting the City should have a policy in place that after two times you are suspended and three times your license is revoked. Councilmember Ryan stated that he was not saying revocation and that revocation was for more serious offenses. Mayor Willson stated that the way the language reads right now, it is a decision based on past history. Councilmember Ryan stated that perhaps we don't have to develop a policy. Mayor Willson stated that it would be a case-by-case basis. 09/28/15 -3- Councilmember Myszkowski spoke about the City's previous experience with the two rental properties being discussed at her first meeting as a Council Member. She stated that the City just wants them to comply and it would be good to find a way to incentivize rental owners. r Mayor Willson stated he is unwilling to water down the policy that we have now. He also stated that a judge may not uphold the City Council's decision if the taxes were paid. Ms. Schleuning stated that rental owners can still be accountable for violations even if they make corrections. There is an element of punishment as future motivation not to do it again. Councilmember Ryan stated he thought this discussion would be helpful for Council Members. Mayor Willson stated he agreed but doesn't see a need to rewrite a policy that we don't have a problem with. Councilmember Ryan stated that he wanted clarification of the existing policy. Councilmember Graves stated that she liked the policy as it leaves room for discretion and interpretation. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:38 p.m. 09/28/15 -4- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1 That attached hereto is a full, true, and complete transcript of the minutes of a Study/Work Session of the City Council of the City of Brooklyn Center held on September 28, 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 October 12, 2015, Regular Session. �"-Auj;rvun City Clerk Mayor 09/28/15 -5-