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HomeMy WebLinkAbout2015 09-28 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 28, 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, 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, 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, Police Chief Tim Gannon, City Attorney Troy Gilchrist, City Clerk Sharon Knutson 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 Ryan moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves read a quote by Leonardo da Vinci. 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 09/28/15 -1- Mayor Tim Willson and Councilmembers April Graves, 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, 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, Police Chief Tim Gannon, City Attorney Troy Gilchrist, City Clerk Sharon Knutson 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 Myszkowski moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 8, 2015 —Joint Work Session with Financial Commission 2. September 14, 2015 —Study Session 3. September 14, 2015 —Regular Session 4. September 14, 2015 —Work Session 6b. LICENSES MECHANICAL A&M Heating &Air Conditioning, LLC 22280 Tippecanoe Street NE, East Bethel Eco Mechanical Services, LLC 16159 Marble Street NW, Ramsey Metro Heating and Cooling, Inc. 255 Roselawn Avenue E, Suite 44, St. Paul Peak Heating and Cooling, Inc. 7801 Park Drive, Suite B, Chanhassen RENTAL INITIAL (TYPE III—one-year license) 6015 Aldrich Avenue N My Truong RENEWAL (TYPE III—one year license) 6005 Admiral Place Dan Soffa Missing security assessment 5510 France Avenue N Kin Chew 5730 June Avenue N David Holt 7224 Newton Avenue N Rhonda Braziel 4937 Zenith Avenue N James Maciazka RENEWAL (TYPE II—two year license) 410161 St Avenue N Long Xiong 2801 67th Lane N Paul Carey 09/28/15 -2- 1513 Humboldt Place N Shoemiller Properties 1555 Humboldt Place N Shoemiller Properties 5900 Pearson Drive Mary T. Properties 6424 Scott Avenue N Chen Zhou 6700 Toledo Avenue N Trenton Potter 5949 York Avenue N Orrin Hager RENEWAL (TYPE I—three-year license) 540163 rd Avenue N John Schwarz 5843 Fremont Avenue N D & J Properties 3612 Commodore Drive Invitation Homes 6019 Halifax Place Kin Chew 6c. RESOLUTION NO. 2015-147 ADOPTING A TRAVEL DEMAND MANAGEMENT POLICY Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. INTRODUCTION OF POLICE CHIEF TIM GANNON Ms. Schleuning spoke about the hiring process and introduced Police Chief Tim Gannon. Councilmember Ryan requested that Police Chief Gannon be given the opportunity to address the City Council. Police Chief Gannon thanked the City Council and the City Manager for their trust in him. He stated he has aspired to this position and talked about the co-workers that have helped him get to this position. He thanked the City for opportunity to serve the community and the police department. Mayor Willson stated that Police Chief Gannon was inheriting a well-qualified department and expressed his confidence that Police Chief Gannon will take it forward to new heights. 7b. RESOLUTION NO. 2015-148 EXPRESSING RECOGNITION AND APPRECIATION OF JENNY WHITING FOR OVER 22 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing recognition and appreciation of Jenny Whiting for her service to the City of Brooklyn Center as City Hall Receptionist and Public Works Department Administrative Technician. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-148 Expressing Recognition and Appreciation of Jenny Whiting for Over 22 Years of Dedicated Service to the City of Brooklyn Center. 09/28/15 -3- Motion passed unanimously. 7c. RESOLUTION NO. 2015-149 EXPRESSING RECOGNITION AND APPRECIATION OF JIM BURNETTE FOR OVER 19 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing recognition and appreciation of Jim Burnette for his service to the City Brooklyn n Center as custodian in the Government Building Division. Y Mayor Willson stated that he enjoys reading these resolutions and commented on the years of service of the City's dedicated staff. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-149 Expressing Recognition and Appreciation of Jim Burnette for Over 19 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS AND ADMINISTRATIVE VACANT BUILDING REGISTRATIONS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning presented the administrative citation process, the special assessment appeal process, and a report with findings and recommendations regarding each property: 3901 Burquest Lane; 5937 Abbott Avenue N; 7124 Indiana Avenue N; 5914 Fremont Avenue N; 1711 73rd Avenue N; 4212 66th Avenue N; 3201 Mumford Road; 6223 Brooklyn Drive; 5109 69th Avenue N; 3713 Woodbine Lane; and 5240 Ewing Avenue N. Mayor Willson asked for a future status report on the property at 3901 Burquest Lane. Mayor Willson inquired if there had been verification that the manufacturer had paid the claim for the property located at 5937 Abbott Avenue N. Ms. Schleuning replied affirmatively and talked about the amount of staff time involved in this case. She pointed out that there has not been a correction since the claim was paid. She also stated that the City will meet with the responsible parties to get the matter resolved but the next step will be criminal court. This case will be brought back before the City Council. Mayor Willson stated he was not pleased to .hear that the claim had been paid and that it is almost like the property owner is ignoring the City. 09/28/15 -4- Mayor Willson commented on the property located at 7124 Indiana Avenue N. He stated that he does not want to see these issues move on to large fees. He suggested considering revocation of rental licenses when the fees get to a certain amount at a future date. Mayor Willson commented that the property owner at 5914 Fremont Avenue N should have paid attention to the official communication of the City. Ms. Schleuning stated that the property is currently in compliance. Ms. Schleuning stated that no building permits have been issued since 1998 at the property located at 1711 73rd Avenue N and the property remains in violation. The City will meet with the owner to resolve the issues. Councilmember Graves asked about differences in citation amounts. Ms. Vickie explained the fee schedule. Councilmember Graves asked if the City kept a tally of past violations. Ms. Schleuning stated that in the last two years, the City has started keeping a list of chronic grass violators and it has reduced the numbers of complaints. Councilmember Graves stated that some of the situations are bad but she feels the City is the bad guy in others. Councilmember Ryan stated that the public should be reminded that the whole objective of this exercise is to create incentives for property owners to observe our community standards. The vast majority of residences and rental properties are well maintained. The reason the fines are compounded is because the citations are completely disregarded. He stated it is unfair to those who observe the ordinances not to have others comply. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. Queena Sloan, 5914 Fremont Avenue N, stated that she did speak to a City representative on numerous occasions and showed him proof that she was not renting and was living in the home. She stated that the water bill was a result of a flood in her home. She stated that she has asked the City repeatedly to rescind the rental license and feels that this situation is ridiculous. Mayor Willson asked who was managing the property while she was away. Ms. Sloan replied that her mother was managing the property and was not getting the citations. She stated she has her own personal address on the rental application and the property was used as a group home. Mayor Willson asked where the citations were being delivered. Ms. Sloan replied that 5914 Fremont Avenue N is her legal address but the rental application contains a different address. She stated that the group home was never homesteaded and she was told she needed to get a 09/28/15 -5- rental license. She stated that the notices were not sent to the address listed on her application. She requested a copy of the City's report to give to her attorney. Mayor Willson asked Ms. Schleuning to make sure that Ms. Sloan gets the report. Josh Carscadden, representative for owner Mark Crost, stated that the manufacturer payment was issued August 4th and owner has not yet seen it. Mayor Willson stated it is not up to the City to find out about the check. Mr. Carscadden stated that the owner is current obtaining bids. He asked about replacing a roof in the winter. Mayor Willson stated that the City has done weather related deferrals in the past and he finds no evidence that the fines should be deferred. Councilmember Ryan asked if the owner inquired about the approximate warranty amount. Mr. Carscadden couldn't answer the question. Councilmember Ryan stated that he would expect that an owner would inquire about the approximate value. He stated that because of the fine amounts, it would be unwise to wait for the claim to be paid. Lee Beckley, 3901 Burquest Lane, stated that they are trying to fill up the group home and cannot afford to pay the fines. He stated they are leasing the home from Superior Development, Inc. He asked if the fines could be reduced. Otherwise, he may have to dissolve the group home. Mayor Willson stated he was not aware of a reason the fines could be reduced considering the massive documentation. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves stated that she has had people park on her grass for events at her home and feels that the parking limitations aren't conducive to building community because they make it difficult to have a large gathering. She commented that a citation for a pile of brush on a property was ridiculous. She stated that she is coming from the prospective of a new Council Member. She understands public safety and erosion issues, and she doesn't think repeat offenders should get away with it. She stated she will vote with her conscience. Mayor Willson stated that Councilmember Graves would feel differently if she had witnessed the abuses of the past. He stated that the City's neighborhoods look much better now and she needs to know the past history to know why Council Members want to see ordinances enforced 09/28/15 -6- because they do not want to see the City become blighted. He stated that as Council Members, they have a duty to uphold the ordinances and the City Council is not here to be a judge and jury. Councilmember Graves stated that some people might be disproportionately affected. Councilmember Myszkowski stated that she has the same concerns as Councilmember Graves. She asked if there was a way to find that out who is being affected. She suggested that Council Members could discuss the ordinances so they had a better understanding of who is being affected and if there is a way to mitigate some of the consequences for some people. Mayor Willson stated that he was hearing Councilmember Myszkowski say she wanted to treat some citizens differently. Councilmember Myszkowski stated she would like to understand how the decisions the City Council makes are affecting people. Mayor Willson stated that Councilmember Myszkowski has every right to make ordinance changes to address disparities, but not to discuss exceptions to those already on the book. Councilmember Myszkowski stated she is not asking for an exception and it is not uncommon for public policy to be written without thinking of certain groups that will be disproportionately affected. She stated she is asking to have a discussion regarding the policy. Mayor Willson asked Ms. Schleuning to place this topic on a future study/work session. Councilmember Ryan stated that the business of this evening is not to debate the content of the ordinances. It is to pass judgment on reports of property violations. He thinks it is appropriate for the City Council to address issues in depth at another time. He stated that the City Council is always concerned about fairness and judicious enforcement of ordinances and there may be mitigating circumstances. He asked City Attorney Gilchrist to clarify that if the City Council adopts this resolution, individuals can achieve redress through the courts. City Attorney Gilchrist stated for those that voice objections at the initial hearing, there is a 30- day period where they can bring the issue to district court. He stated there is also an administrative appeal process within the City. Councilmember Ryan stated that in the case where these fines were compounded, owners had failed to meet the requirements to make those appeals through the City's administrative process. Mayor Willson stated that the argument for putting the mechanism in place was to avoid the high cost of court proceedings. Councilmember Ryan stated that the City's administrative process puts an additional step in the process that if the City has not acted properly, the owner can achieve redress. He stated that the administrative hearing judge has actually reduced or negated fines and this is an effort by the City to be fair and give the citizens a chance to dispute citations without going to court. These 09/28/15 -7- individuals missed out on the requirement to file for the administrative appeal. He stated that the City Council can certainly have a discussion regarding this issue. 1. RESOLUTION NO. 2015-150 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-150 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls. Councilmember Myszkowski moved and Councilmember Graves seconded a friendly amendment to RESOLUTION NO. 2015-150 to specify Option 2 for the property located at 3201 Mumford Road. The friendly amendment passed unanimously. Councilmember Graves stated she would vote for some, but not all of the special assessments. Mayor Willson stated that Councilmember Graves has the option of voting en masse or individually. Councilmember Graves stated she would like to vote individually. Mayor Willson stated that he understands the sentiment and hates to have to make a judgment that is going to cost people money. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 3901 Burquest Lane. The motion .assed unanimously. Y Councilmember Ryan moved and Councilmember Myszkowski seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 5937 Abbott Avenue N. The motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 7124 Indiana Avenue N. The motion passed unanimously. 09/28/15 -8- Councilmember Myszkowski moved and Councilmember Ryan seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 5914 Fremont Avenue N. Councilmember Graves voted against the same. Motion passed. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 1711 73rd Avenue N. Councilmember Graves voted against the same. Motion passed. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 3201 Mumford Road. The motion .assed unanimously. Y Councilmember Myszkowski moved and Councilmember Ryan seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 6223 Brooklyn Drive. Mayor Willson inquired if the City can have vehicles towed. Ms. Schleuning replied affirmatively. Councilmember Graves voted against the same. Motion passed. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 5109 691h Avenue N. Councilmember Graves voted against the same. Motion passed. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 3713 Woodbine Lane. Councilmember Graves abstained. Motion passed. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls for 5240 Ewing Lane N. Councilmember Graves voted against the same. Motion passed. 9. PLANNING COMMISSION ITEMS 09/28/15 -9- 9a. PLANNING COMMISSION APPLICATION NO. 2015-008, SUBMITTED BY SPIRITUAL LIFE MINISTRIES REQUESTING SPECIAL USE PERMIT APPROVAL OF A NEW DYNAMIC MESSAGE SIGN (DMS) FOR A PUBLIC USE IN THE C-1 SERVICE/OFFICE DISTRICT, LOCATED AT 6865 SHINGLE CREEK PARKWAY Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2015-008 and advised the Planning Commission recommended approval of the application at its September 17, 2015, meeting. Councilmember Ryan asked if a business could use a similar sign as the sign in this C-2 district. Mr. Benetti replied that the church was in a C-1 district. If the church was to be converted to a business,the signed could also be converted. a Councilmember Ryan questioned if a C-1 service/office district area is more limited than C-2 district area. Mr. Benetti confirmed this and stated that the ordinance allows for a static and moveable message. Councilmember Ryan stated that a precedent was set by previously allowing a sign at another church in the City. Mr. Benetti replied that the same standards were applied. Mayor Willson recalled past debates on freeway signs and stated there was an underlining current not to have freeway signs in Brooklyn Center. He thinks that is still there but that digital signs are accepted. For the record, he noted item number two in the resolution: "No part of this sign may be used for any off-premise advertising or off-premise uses. Emergency messages (i.e. Amber Alerts, severe storm warning, etc.), general messages or announcements for civic or community events, and any message containing time/temperature/date are permitted." He stated that he mentions this because the off-premise uses are for advertising and create a revenue stream. Mr. Benetti stated that the intent was to prevent signs from being used for advertising and that the sign will be used for benefit of church and other ancillary uses and stated that the church volunteered to use the sign for emergency messages. Mayor Willson commended the church for working with the City and being willing to display emergency messages. Councilmember Myszkowski she has no objections to the sign and noted the property is very attractive. 09/28/15 -10- 1. RESOLUTION NO. 2015-151 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-008, SUBMITTED BY SPIRITUAL LIFE MINISTRIES REQUESTING SPECIAL USE PERMIT APPROVAL OF A NEW DYNAMIC MESSAGE SIGN (DMS) FOR A PUBLIC USE IN THE C-1 SERVICE/OFFICE DISTRICT, LOCATED AT 6865 SHINGLE CREEK PARKWAY Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-151 Regarding the Disposition of Planning Commission Application No. 2015-008, Submitted by Spiritual Life Ministries Requesting Special Use Permit Approval of a New Dynamic Message Sign (DMS) for a Public Use in the C-1 Service/Office District, located at 6865 Shingle Creek Parkway. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. 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 10a4. 10a1. 4714 LAKEVIEW AVENUE 10a2. 5322 LOGAN AVENUE NORTH 100. 2913 NASH ROAD 10a4. RESOLUTION NO. 2015-152 APPROVING A TYPE IV RENTAL LICENSE FOR 6001 EMERSON AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 4714 Lakeview Avenue North; 5322 Logan Avenue North; 2913 Nash Road; and adopt RESOLUTION NO. 2015-152 Approving a Type IV Rental License for 6001 Emerson 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. 10b. HEARING FOR NELIA SCHAFF REGARDING RENTAL PROPERTY LOCATED AT 7018 BROOKLYN BOULEVARD City Prosecutor John Thames stated this is the fifth time the property has been delinquent in the 09/28/15 -11- last four years. He stated that the most recent delinquency was 89 days before the taxes were paid. He explained the hearing was previously postponed because the rental owner was not present and the notice only contemplated the current violation but needed to address all past violations. He also explained that the City Council has three options: take action to suspend or revoke the rental license based on delinquent taxes; take no action because the taxes are current; or to table the issue until the meeting following when the second half of the year taxes are due. Mayor Willson stated the City has a history of allowing 30 days as a grace period and he is leery of changing it because it sets precedent. Councilmember Ryan moved and Councilmember Graves seconded to open the hearing. Motion passed unanimously. Thomas and Nelia Schaff, 7018 Brooklyn Boulevard, stated the taxes were paid in full on August h 13 tand Nelia talked to the Hennepin County Tax Department and a partial payment was approved. She stated that the taxes are paid in full. Mayor Willson stated the issue is a history of delinquent taxes. Ms. Schaff stated that in 2008 they were having problems with the property and had to kick people out so they didn't have income. She stated it is not cheap to evict a tenant. Mr. Schaff stated part of the problem is the City. He recalled a past incident when the police were called because barbeque smoke was streaming into the apartment above. He stated that the police were called several times and he was told by the City to evict both tenants. He stated he has properties in five cities and this is the hardest one to cope with as far as how he is treated as a landlord. Mayor Willson stated what drove all of this was that one of the renters was issuing a complaint. He stated he doesn't see that as the City's fault and it is expensive to have officers at a property multiple times. Mr. Schaff stated he could have taken control of the situation by taking care of the people that were making the complaints. Mayor Willson stated one of the issues that drives an allowable complaint is smoke streaming into an open window onto another property and the fire chief can order the fire to be put out or to mitigate the problem with the smoke. Mr. Schaff stated he was told to get rid of both tenants. Mayor Willson stated he couldn't speak to that. Mr. Schaff stated that he sympathizes with his struggling tenants and doesn't want to kick them out. 09/28/15 -12- Mayor Willson stated he understands that sentiment, but what has to be talked about is how the ordinances are put in place and how people make the complaints. The City cannot ignore a complaint. It has to be documented and worked on and then the proper action is taken. He stated he is not sure how to talk about going in a different direction and he thinks appropriate action has been taken by staff. He stated that the issue still remains that if the taxes are not paid in a timely manner then they have to look at suspension and revocation. Mr. Schaff stated he understands and wants to express that they have some hardship and the next payment will be made. Ms. Schaff inquired why paying partial payments are allowed by Hennepin County and not by the City. Mayor Willson stated that the City's ordinances are very well spelled out. Ms. Schaff stated that every year the taxes are paid in full. Mr. Schaff stated that Hennepin County is helping them out but they are not meeting the City's guidelines. Mayor Willson stated they have to be consistent. He stated they should make every effort to have the taxes paid within 30 days from the due date. Ms. Schaff stated that they were having a funding problem and asked if the City would just revoke her license because of that. Mayor Willson stated that he was on her side and the best thing they could do was pay the property taxes and utilities on time. Ms. Schaff stated she told her tenants that if they don't pay, she will lose her rental license. Mayor Willson stated they still have a license at this time but the issue is ensuring that the taxes will be paid on the property. Ms. Schaff stated that every year they pay in full. Mayor Willson stated the guidelines are for all of Brooklyn Center so it is not fair to other rental owners that are making their payments on time. Ms. Schaff stated they will try to pay them on time. Councilmember Ryan moved and Councilmember M szkowski seconded to close the hearing. Y Y Motion passed unanimously. Councilmembers discussed the three options with City Prosecutor Thames. 09/28/15 -13- Mayor Willson stated what he sees is that the City Council can take no action tonight and suspend action until they see what happens on October 15th and the following 30-day grace period. If the taxes haven't been paid then, the issue should be revisited to consider a suspension or revocation. Attorney Gilchrist stated that in order to keep the notice alive, there should be a continuation of the hearing. Councilmember Ryan asked for clarification that the staff could provide findings in a report should the taxes not be paid. Attorney rne Gilchrist replied affirmatively. Councilmember Ryan moved and Councilmember Myszkowski seconded to continue the hearing to the first meeting after the November 15th property tax deadline for the second installment of property taxes for the property located at 7018 Brooklyn Boulevard. Mayor Willson explained to Mr. and Mrs. Schaff that they want to be very sure to pay the taxes before the deadline. Ms. Schleuning stated the hearing would be put on the agenda for the November 23, 2015, City Council meeting. Motion passed unanimously. 10c. CIVIC & VETERANS MEMORIAL AMPHITHEATER PAVER POLICY Director of Community Activities, Recreation and Services Jim Glasoe stated that the amphitheater project is close to being completed and 104 out of 576 available pavers have been sold. He stated the purpose of the policy is to limit the likelihood of future controversy and free speech challenges regarding paver inscriptions. He stated the pavers that have been sold meet the policy and guidelines and the policy would be applied to all future pavers. He stated based on the City Council's wishes, the previous two draft policies were combined and that is what is before the Council tonight. Mayor Willson stated he would like a report and recommendation to the City Council regarding the City Attorney's review of a controversial paver inscription. Attorney Gilchrist agreed with the change. He stated the only reason the City Attorney is mentioned in the policy is that it is heavily ladened with case law. Councilmembers can certainly have the matter come before them. Councilmember Ryan stated he was not sure if it would be wise to make it a City Council decision, but the City Council does have the final word and the City Council should consider the findings of the City Attorney to avoid legal problems for the City. 09/28/15 -14- Mayor Willson asked for a consensus. Councilmembers agreed with the change to the policy. Councilmember Ryan asked about completion of details for the dedication ceremony on October 6th. Mr. Glasoe stated that they hope to be 99% complete by the ceremony. Councilmember Myszkowski inquired if only family members were able to the honored. Mr. Glasoe stated that the policy allows honoring individuals. Councilmember Ryan stated he initially thought about a more restrictive paver policy but the improvements to the draft and the Attorney's review have alleviated his concern. He stated this is being done for commemorative value, but there is also need to raise funds for the continued care and maintenance of the amphitheater and being too restrictive would discourage residents from purchasing a paver. policy: Citywill forward a re Attorney,Gilchnst read the additional language to the pol y requested q inscription that appears not to comply with this Policy to the City Attorney for review and a report to the City Council for a determination of whether>the inscription is to be allowed or denied. Councilmember Ryan moved and Councilmember Graves seconded to adopt the Civic and Veterans Memorial Amphitheater Paver Policy as amended. Motion passed unanimously. RECESS AND RECONVENE The regular session was recessed at 10:02 p.m. in order to conduct the EDA Meeting. The regular session was reconvened at 10:10p.m. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • September 15, 2015: Happy Hollow Park Neighborhood Meeting • September 17, 2015: Speaking at Riverwood Neighborhood Association Meeting • September 19, 2015: Crime Prevention Book Sale at Spiritual Life Church • September 19,2015: Brooklyn Center Fire Department Open House at West Fire Station • September 24, 2015: Metro Housing and Development Meeting • October 4, 2015: Brooklyn Center Lions Pancake Breakfast • October 5, 2015: Joint Work Session with Financial Commission • October 6, 2015: Amphitheater Dedication Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: 09/28/15 -15- • September 15, 2015: Happy Hollow Park Neighborhood Meeting • September 16, 2015: CEAP Board Meeting • September 19, 2015: Missed the Crime Prevention Book Sale and the Fire Department Open House • September 21, 2015: Gave a Presentation with Brooklyn Park Councilmember Rich.Gates at the BYC on Government Structure • September 22, 2015: Earle Brown Days Meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • September 15, 2015: Happy Hollow Park Neighborhood Meeting • September 16, 2015: Community Policing Services Meeting • September 16, 2015: Crime Prevention Meeting • September 22, 2015: Multicultural Advisory Committee Meeting • September 29, 2015: Design Workshop for the Blueline Extension Project • October 1, 2015: Design Presentations for the Blueline Extension Project Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • September 15, 2015: Happy Hollow Park Neighborhood Meeting • September 16, 2015: Brooklyn Bridge Alliance for Youth Special Board Meeting • September 22, 2015: Met with Commissioner Mike Opat • September 22, 2015: Attended the Brooklyn Avenues Report • October 10, 2015: Free Special Materials Drop Off in Brooklyn Park 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 10:20 p.m. Motion passed unanimously. 09/28/15 -16- 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 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. City Clerk Mayor 09/28/15 -17-