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HomeMy WebLinkAbout2016 09-26 CCM Regular SesisonMINUTES 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 26, 2016 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 CAT.T. Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence -Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, 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, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Lee Gatlin, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, 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 Ryan seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Myszkowski read a quote by Albert Einstein 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 7:02 p.m. 4. ROLL CALL 09/26/16 -1- Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence -Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, 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, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Lee Gatlin, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, 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 Lawrence -Anderson seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 12, 2016 — Study Session 2. September 12, 2016 — Regular Session 3. September 12, 2016 — Work Session 4. September 13, 2016 — Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL Assured Heating A/C Ref Inc. Boiler Services, Inc. MN Plumbing and Appliances Inc. Owens Companies, Inc. Perfection Heating & Air Twin City Fireplace and Stone Co. RENTAL INITIAL (TYPE III — one-year license) 5331 Camden Avenue North INITIAL (TYPE II — m,o year license) 3213 Quarles Road RENEWAL (TYPE III — one-year license) 2001 54th Avenue North 1118 62nd Avenue North 6243 France Avenue North 09/26/16 -2- 13571 Balsam Lane North, Dayton 10327 Flanders Street NE, Blaine 14105 Rutgers Street NE, Prior Lake 930 East 80th Street, Bloomington 1770 Gervais Avenue, Maplewood 6521 Cecilia Circle, Edina Ross Herman Infinite Property LLC Ying Que Elbrus Management RHA 3, LLC RENEWAL (TYPE H— wo year license) 6107 Bryant Avenue North Daniel Yesnes 5230 Great View Avenue North JDA Group LLC c/o Julie Atkinson RENEWAL (TYPE I — three-year license) 5900 Beard Avenue North Stephanie Trogen-Keeler 3319 Mumford Road William Coleman 6c. RESOLUTION NO. 2016-150 AUTHORIZING THE CITY MANAGER TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS 6d. RESOLUTION NO. 2016-151 RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6e. RESOLUTION NO. 2016-152 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES 6f. RESOLUTION NO. 2016-153 REJECTING BIDS, IMPROVEMENT PROJECT NO. 2016-17, CITY HALL/PUBLIC WORKS PARKING LOT IMPROVEMENTS 6g. RESOULTION NO. 2016-154 REJECTING BIDS, IMPROVEMENT PROJECT NO. 2016-09, 69TH AVENUE GREENWAY AND CAHLANDER PARK FENCE REPLACEMENT IMPROVEMENTS 6h. RESOULTION NO. 2016-155 AUTHORIZING THE APPLICATION AND EXECUTION OF THE METROPOLITAN COUNCIL GRANT AGREEMENT FOR INFLOW AND INFILTRATION 6i. RESOLUTION NO. 2016-156 AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR COST PARTICIPATION FOR THE PRELIMINARY PLANNING AND DESIGN OF THE BROOKLYN BOULEVARD RECONSTRUCTION AND STREETSCAPE IMPROVEMENTS, 49TH AVENUE TO BASS LAKE ROAD, PROJECT NO. 2018-05 BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER 6j. RESOLUTION NO. 2016-157 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (SANCTUARY AT BROOKLYN CENTER PROJECT) PURSUANT TO MINNESOTA STATUTES, CHAPTER 4620; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH 09/26/16 -3- RESPECT TO THE BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PRESENTATION BY NEIL RALSTON, A.A.E./AIRPORT PLANNER WITH METROPOLITAN AIRPORTS COMMISSION (MAC) — 2035 LONG-TERM COMPREHENSIVE PLAN AND AIRFIELD IMPROVEMENTS FOR THE CRYSTAL AIRPORT Mr. Neil Ralston provided a presentation and background on this item and asked Council if they had any questions for him. Mayor Willson asked why they are not planning to have an open house in Brooklyn Center for this item. He noted the runways end in Brooklyn Center. Mr. Ralston stated the thought was that having one meeting in the Northern location and another in a Southern location, would allow convenient locations for all surrounding residents to attend a meeting. Councilmember Lawrence -Anderson asked which two runways will be staying open. Mr. Ralston clarified the two staying open. She noted she lives right there by the airport and was concerned about the impact it will have on the noise levels she has at her home compared to the levels now. He stated there won't be much change or impact as they aren't proposing any changes to the runway she referenced. Councilmember Graves asked how many jobs were lost during the recession and what types of pollution do the planes emit. Gary Schmidt with MAC was invited up to speak about the jobs and employment. He stated after the devastation of 9/11, they definitely lost some jobs and it tools a while to recover. He stated with the revitalization of the airport they hope to get some jobs back along with business. Mr. Ralston spoke to her question regarding pollution from the planes. He stated in order to get the funding, they will undergo an environmental review and noted airplanes undergo inspections much more often than cars. The smaller aircrafts don't have nearly as much exhaust as commercial aircrafts; however they do follow the same procedures as those larger airplanes. Councilmember Ryan moved and Councilmember Myszkowski seconded to receive the Report by Neil Ralston, A.A.E./Airport Planner with Metropolitan Airports Commission (MAC) — 2035 Long -Term Comprehensive Plan and Airfield Improvements for the Crystal Airport. Motion passed unanimously. 8. PUBLIC HEARINGS 09/26/16 -4- 8a. CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS Deputy Director of Building and Community Standards Jesse Anderson introduced this item and provided background on all properties relating to this item. Councilmember Lawrence -Anderson asked if a vehicle is on a jack stand is that an automatic code violation. Mr. Anderson stated no, the code allows for automobiles to be on jacks for 24 hours to work on the vehicle. Councilmember Lawrence -Anderson also asked if they are allowed to dry brush in the yard for a bonfire. He stated that isn't allowed. Councilmember Graves asked if there is a specific time frame between when the notice is issued and when the violation is issued. Mr. Anderson stated there isn't a set time frame, but typically they give two weeks from the first notice and an additional two weeks after the second notice. Councilmember Graves stated she is concerned about the unfairness of the possibility that someone may not like a neighbor and they will continue to call in violations. She noted they should be tracking the person giving the complaint. Mr. Boganey stated he believes in most cases the officers patrol the neighborhood when called on a violation, and they check to see if others are in violation as well including the person who reports the violation. Councilmember Graves stated she thinks it would be helpful to people if they could put a time frame on the opportunity to correct the violation prior to the fines and violations being issued so they know how long they have to fix it. Mr. Boganey stated it does help and rather than a ticket an attempt is made to knock on the doors to let people know there is a violation so they are given a chance to explain themselves and set up an arrangement. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. Kodjo Oyedade, 6236 Chowen Avenue, addressed the Council. He noted he tried to speak with someone regarding the violations on his property and they told him they didn't have information on his file as well as informed him his address didn't match his name as the owner. He stated as a result of not being able to speak with someone with the City he wasn't sure what the notice was for so he was unable to correct the violations initially. He noted he is asking for lenience on the fees assessed. Councilmember Ryan asked for clarification on the process which occurred for Mr. Oyedade's property. Mr. Anderson further explained the timeline and explained the steps taken by the City to try to resolve the violations at this property. He noted there were several extensions provided to Mr. Oyedade to correct the violations. Mayor Willson asked if the Maple Grove location for dropping off brush and debris is open in March so Mr. Oyedade could have disposed of the pile which was part of the violation given. 09/26/16 -5- Mr. Anderson stated no, that location isn't open in March however; he stated there are other locations open at that time for disposal of those items. He noted they are not the first choice due to them charging for disposal of these items but there are those other options. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence -Anderson stated she has sympathy for Mr. Oyedade; however, given the first notice of the violations was given 10 months before the violations were corrected she stated there was significant time for him to correct them. She noted the staff time utilized to continue trying to work with the owner on these violations was sufficient. She stated given these efforts failed she feels it is reasonable to deny a request for revocation of the fees. Mayor Willson and Councilmember Ryan concurred with Councilmember Lawrence -Anderson. It was the consensus of the Council to deny Mr. Oyedade's request and move forward with adopting the Resolution Certifying Special Assessments with all properties included. 1. RESOLUTION NO. 2016-158 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. 2016-158 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None at this time. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process 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 100. 10a1. 3401-3413 47TH AVENUE NORTH 09/26/16 -6- 10a2. RESOLUTION NO. 2016-159 APPROVING A TYPE IV RENTAL LICENSE FOR 5337 GIRARD AVENUE NORTH 100. RESOLUTION NO. 2016-160 APPROVING A TYPE IV RENTAL LICENSE FOR 5223 XERXES AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 3401-3413 47th Avenue North; and adopt RESOLUTION NO. 2016-159 5337 Girard Avenue North; and RESOLUTION NO. 2016-160 5223 Xerxes 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. PRELIMINARY 2017 LEVY AND BUDGET 1. RESOLUTION NO. 2016-161 RESOLUTION 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 2017 Finance Director Nate Reinhardt provided a presentation on this item with recommendations being proposed to the City Council. Councilmember Myszkowski moved and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2016-161 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 2017 Motion passed unanimously. 2. RESOLUTION NO. 2016-162 ADOPTING A PRELIMINARY BUDGET FOR THE 2017 FISCAL YEAR Mr. Boganey introduced the item, explaining this is the second part to the Preliminary 2017 Levy and Budget item previously discussed. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-162 Adopting a Preliminary Budget for the 2017 Fiscal Year. Motion passed unanimously. 10c. SINGLE FAMILY RENTAL LICENSE REVIEW — 5618 HILLSVIEW ROAD 09/26/16 -7- Mr. Boganey introduced the item, and invited Police Chief Gannon forward to provide details and background on this item. Chief Gannon provided a presentation on this item outlining the events that led to this action and provided specific information on the laws and City Ordinances relating to this item. Councilmember Myszkowski asked Chief Gannon for clarification that the drug related charges were for possession of marijuana. He stated that is correct. Councilmember Myszkowski clarified that there were scales located at the residence as well which could indicate sales of drugs. Chief Gannon stated the drug charges are for possession, and there were two scales located and some packaging items found; however, there wasn't anything located at the time of the search to link them to sales. Councilmember Lawrence -Anderson wanted clarification on if the owner wanted to evict the renters. Chief Gannon stated no, the owner wasn't looking to evict the renters based on this one violation. Councilmember Graves stated she feels this is not something that should automatically evict the renters. Councilmember Myszkowski stated she feels the same way. She also stated she is concerned about how the neighbors feel about this activity in their neighborhood as well as wonders why the owner would want to keep the renters in their home though. She also noted her concern is these things are happening in their City parks. Mr. Boganey stated they are asking the Council to decide if they want to schedule a hearing to allow the home owner an opportunity to explain why they don't believe they should be required to enforce the drug free addendum. He noted the ordinance states if the owner doesn't want to evict that renter, then the City has the right to revoke the owner's rental license if they wish to do so, based on the Drug Free Addendum that the owner would then be in violation of. He stated the City Council isn't required to hold a hearing. It was the consensus of the Council to move forward with a hearing on this issue. Councilmember Ryan moved and Councilmember Myszkowski seconded to provide direction to staff to schedule a hearing on Single Family Rental License Review located at 5618 Hillsview Road. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: ® September 20, 2016: Attended Forum on Affordable Public Housing ® September 21, 2016: Attended North Metro Mayors Association Meeting ® September 22, 2016: Attended a Forum for local State Legislative Candidates 09/26/16 -8- • September 25, 2016: Attended Lions Waffle Breakfast Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • September 13, 2016: Attended Joint Session with Financial Commission Meeting • September 21, 2016: Attended Crime Prevention Board Meeting Councilmember Lawrence -Anderson reported on her attendance at the following and provided information on the following upcoming events: • September 13, 2016: Attended Joint Session with Financial Commission Meeting • September 14, 2016: Attended Grandview Park Neighborhood Meeting • September 15, 2016: Attended Council Candidate Forum at United Methodist • September 18, 2016: Attended Fire Station Open House • September 20, 2016: Attended Earle Brown Committee Meeting • September 22, 2016: Attended Brooklyn Center Business Association Meeting • September 27, 2016: Attending League of MN Women Voters Forum Councilmember Graves reported on his attendance at the following and provided information on the following upcoming events: • September 13, 2016: Attended Joint Session with Financial Commission Meeting • September 14, 2016: Attended Grandview Park Neighborhood Meeting • September 29, 2016: Attending MAC Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • September 14, 2016: Attended Grandview Park Neighborhood Meeting • September 19, 2016: Attended Luncheon at North Hennepin Community College • September 22, 2016: Attended Northwest MN Mayors Association Candidate Forum • September 23, 2016: Attended Hmong Civic Engagement • September 25, 2016: Attended Brooklyn Center BAPS Temple, paid Tribute to His Holiness Pramukh Swami Maharaj 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded adjournment of the City Council meeting at 8:58 p.m. Motion passed unanimously. 09/26/16 -9- 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 26, 2016. 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 10, 2016, Regular Session. City Clerk 09/26/16 -10- Mayor