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HomeMy WebLinkAbout2017 09-11 CCM Regular SessionMINUTES 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 11, 2017 CITY HALL - COUNCIL CHAMBERS UP 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 Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Tammy Sathre, 6038 Lilac Drive, thanked the City Council for addressing the panhandling issue, stating it is refreshing that something is being done and the citizenry is being heard. Ms. Sathre asked whether they can receive the data collected by CEAP on who panhandlers are and where they are from. She thinks most homeless are not panhandlers and most panhandlers are not homeless. Ms. Sathre described her experiences with aggressive panhandlers in Brooklyn Center that resulted in her not feeling safe and deciding to drive to Maple Grove to shop. Mayor Willson asked if others were present to address Informal Open Forum. Hearing none, he invited Ms. Sathre to continue her comments. Ms. Sathre stated signs may be somewhat productive but from her own perspective, she has found signs are not effective. Rather, she suggested gathering data and surveying businesses so the landlords and tenants understand the negative impact and that their customers are being driven away because they no longer feel safe. She stated if information can be gathered on the panhandlers, then if they return, the police can trespass them. Ms. Sathre asked why the City does not enforce its loitering laws and suggested aggression happens when panhandlers think they 'own' certain corners. In addition, she is concerned about safety and that they may be hit by a car. She asked what level of risk the City is willing to tolerate and predicted that at some point, someone will die. She stated she would rather risk a 09/11/17 -1- law suit in assuring someone's safety than to do nothing and be sued because someone died. Ms. Sather suggested the City hold a forum so the community can speak to panhandling as well as water. No one else wished to address the City Council. Councilmember Graves moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. IkILIiWiD]I As the invocation, Councilmember Graves requested a moment of silence and personal reflection on recent natural disasters, lives lost, those traumatized, how to best move forward, and 9/11. IIU3IDttIi[ The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carl Wirth, TimeSaver Off Site Secretarial, Inc. JIUIIDH]I .IeIME1 The Pledge of Allegiance was recited. Mayor Willson moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with removal of the Joint Work Session with Financial Commission minutes of August 21, 2017, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.August 21, 2017 - Joint Work Session with Financial Commission 2.August 28, 2017 - Study/Work Session 3.August 28, 2017 - Regular Session 4.August 28, 2017— Work Session 09/11/17 -2- 6b. LICENSES MECHANICAL Alliance Heating & Cooling, Inc. Blue Ox Heating & Air, LLC BNC Heating & Cooling LLC Kraemer Heating, Inc. Silver Tree Plumbing & Heating LLC \Vestair, Inc. Wilson HVAC Company RENTAL INITIAL ('TYPE III - one-year license) 4204 Lakebreeze Avenue 5834 Fremont Avenue N RENEWAL (TYPE III - one-year license) 6737 Humboldt Avenue N 2801 631'd Avenue N 2806 65t11 Avenue N 6800 Bryant Avenue N 5814 Ewing Avenue N RENEWAL (TYPE II - two-year license) 1701 69th Avenue N 1335 67tll Lane N 4416 69'1' Avenue 6005 Admiral Place 6519 Beard Avenue N 5006 France Avenue N 5550 France Avenue N 5637 Irving Avenue N 4207 Lakeside Avenue #123 7007 Morgan Avenue N 5655 Northport Drive RENEWAL (TYPE I— three-year license) 284067 1h Lane N 5352 72nd Circle 6777 Humboldt Avenue N 5338 Irving Avenue N 4207 Lakeside Avenue #223 i[Ch1 : riei i 2934 Colfax Ave. N., Minneapolis 5720 International Pkwy., New Hope 22600 County Road 30, Rogers 7441 Dallas Court N, Maple Grove 1335 Mendota Heights Rd, Mendota Heights 11184 River Road NE, Hanover 15284 117 "' Street, Becker Todd BertelsonICPP3 LLC Robert Goldsmith Humboldt Properties, LLC do Valley Mgmt. Group LLC Thomas Richard Bennett A-Jelil Abdella Peter Nguyen (Missing cpted follow-up) Peter & Michele Nyarecha Earle Brown Farm Apartments Co., LLP Dennis & Shannon Dane Eugene & Diane Wright Dan Soffa Jay Vaughan Michael Mohs / A&M Real Estate LLC Belinda Gonzales Lowu Xiang Donna Kabanuk Lin Shuang LLC Cindy & Raymond Scherbing Ryan Berner Denise Michaelides Andrey Ryvlin TMC Management Corporation Douglas Hollman 09/11/17 -3- Leroy Signs, Inc. 6325 Welcome Avenue N, Brooklyn Park New Century Systems, Inc. 20150 75 t" N. Hamel Resolution Graphics, Inc. 3255 Spring St. NE, 9100, Minneapolis 6e. RESOLUTION NO. 2017437 ADOPTING AMENDMENTS TO THE FUND BALANCE POLICY OF THE BROOKLYN CENTER CITY CODE OF POLICIES —as revised to not insert "city finance director" in place of "city manager's designee" top of page 2, #3 rii RESOLUTION PUBL I C IN UISANCE iI)] ORDERING THE REMOVAL OF DISEASED TREES ,^g. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY THE LOPPET FOUNDATION FOR AN EVENT TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON OCTOBER 21,2017 6 h . RESOLUTION NO. 2017-139 ACCEPTING BID AND AWARDING A __ SYSTEMCONTRACT, COMMUNITY CENTER MECHANICAL IMPROVEMENTS PROJECT Motion passed unanimously. liql11 lV1ND]K!1 tIi*L%1 ILl D[I[,iIh1i I [I]l fluO]hVi I [I]Fi - None EL :jJ;4[: iD!Iti i[e1 PRO P O S ED City Manager Curt Boganey introduced the item and stated staff will make a presentation. He recommended the City Council conduct the Public Hearing and consider approval of the draft resolution certifying special assessments for nuisance abatement costs and administrative fines/citations. It was noted that on August 14, 2017, the City Council called for a Public 09/11/17 -4- Hearing to be held September 11, 2017; notice was published in the official newspaper on August 24, 2017. Deputy Director of Building and Community Standards Jesse Anderson stated the City Council received updated information on payments made up to 4 o'clock today. He explained the ability of the City to recover the cost of unpaid assessments and the process that is followed. Mr. Anderson also reviewed the process for appellants to appeal the assessment and the action of the City Council to certify or remove an assessment from the roll for further consideration. Mayor Willson referenced the updated information that indicates $13,425 is to be certified to Hennepin County for collection through the tax rolls. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1.RESOLUTION NO. 2017440 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-140 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2.RE SOLUTION NO. ASSESSMENTS FOR COSTS TO THE HENNEPIkLi L%IYJ! Mr. Boganey stated this resolution relates to certifying administrative fines and citation costs to the Hennepin County tax rolls. Mayor Willson asked what is the total to be assessed under this action. Mr. Boganey stated it is $27,340. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Diane Mahoney, 6542 Riverwood Lane, stated she has a utility charge to address. Mr. Boganey noted that will be considered under the next Public Hearing. 09/11/17 -5- Jason Lindsey, 3321 50th Avenue North, stated he had a one-year probation to not park on the lawn but his girlfriend, who was in labor, parked on the lawn to load hospital bags and was cited by the City for a violation. He stated he is in the process of paving the driveway and does not think it was fair to be ticketed in this case. Mr. Boganey asked if he knew he had the opportunity to appeal the citation. Mr. Lindsey answered in the affirmative and reviewed his meetings with staff to appeal the first citation and receive a one-year probation. Councilmember Graves asked if the citation was given back because of the second violation. Mr. Boganey stated staff will research this case and it may be that the hearing officer found there was a violation but waived any penalty provided there would be one year without further violations, Mayor Willson stated this citation assessment will be pulled from the resolution for action tonight to allow time for staff to research and report back at the next meeting. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2017-141 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls, removing 3321 50th Avenue North for staff review. Motion passed unanimously. ,Vb. ASSESSMENTSDI1 I iI DELINQUENTk[S1IJ aIi PUBLIC UTI N SERVICE ACCOUNTS Finance Director Nate Reinhardt introduced the item and explained the ability of the City to recover certain types of costs. He described the notification process to customers should a utility bill not be paid and advising of certification for collection with property taxes. This year, the amount to be certified is $459,320 compared with $418,177 in 2016. Mr. Reinhardt reviewed the process for appellants to appeal the certification. It was noted that on August 11, 2017, the City Council called for a Public Hearing to be held September 11,2017; notice was published in the official newspaper on August 24, 2017. Mayor Willson requested that in future reports, staff provide a chart showing trends with unpaid utility bills. Councilmember Graves stated she likes that idea, noting the number of individual delinquent households has gone down. Mr. Boganey reviewed the amounts certified for collection since 2013, noting the actual number of delinquent accounts has declined though the amount has increased. 09/11/17 -6- Mr. Willson asked what happens after the amount is certified for the property owner to make payment. Mr. Reinhardt stated after tonight's hearing, if certified, property owners can pay at the City until October 12. After that, one year of interest is due along with the assessment. After November 22, 2017, the amount is certified to Hennepin County for collection so 3.5% interest is added and the full amount is due payable the following year. Mayor Willson commented on the large number of accounts that were paid prior to tonight's meeting. Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Dianne Mahoney, 6542 Riverwood Lane, read a prepared statement detailing her objection to the fourth quarter utility charge assessment in amount of $925.64. She stated when living at another location, she received a high water bill that she objected to and found out the laundry room faucet was fully open and ruirning water down the drain, but that bill was only about $700. She respectfully asked that the City Council consider an adjustment to her water bill, perhaps using the amount from the quarter before. She noted that others in her association have had a similar experience with receiving a very high quarterly utility bill. Mayor Willson stated the City Council has the option to pull this assessment for staff research and report at the next City Council meeting. Colleen Mahoney, daughter of Dianne Mahoney, noted her mother's home was not fully occupied during the time of the high water billing because her mother was in the hospital and she (Colleen) only stayed overnight and left in the morning. She stated they looked at all the appliances and City staff even came to the home but could not find a problem. Mr. Boganey asked Ms. Mahoney if she appealed the amount in 2016 and staff did further investigation. Ms. Mahoney stated she did not because she was in the nursing home until January and at the end of that quarter, she got the notice. Mr. Boganey stated because of the equipment, staff knows when there is over utilization and notifies the customer. Typically, when that notification is received, staff analyzes at the time whether an adjustment would be appropriate so it can be taken care of immediately. Mr. Reinhart stated once staff gets the meter readings, it identifies the type of leak and the customer is notified. If requested, staff gets 90 days of data, hour by hour, to show water usage. Colleen Mahoney stated that was done and another subsequent but there was no change. It was noted the house was constructed in 2002. Mr. Reinhart stated he has never heard of a meter reading too much as normally they stop or slow down. He stated they have tested water meters in the past if the customer feels it is not reading right and none have come back as being faulty. Mayor Willson stated one of the components is that Ms. Mahoney is saying the meter 'magically' stopped reading high. Mr. Boganey stated he mentioned the process for the benefit of the people watching the meeting so they know it is beneficial to contact staff as soon as they 09/11/17 notice something and adjustments are made if shown to be appropriate at the time so the customer doesn't need to wait until the amount is certified to taxes. Councilmember Graves asked if the neighbor's reading also changed. Colleen Mahoney stated it did, noting the amount of water being billed would fill two Olympic sized swimming pools. Councilmember Graves stated she had experienced living in an apartment where another unit was jointly using electricity, which she had to pay. She noted 6536 Riverwood Lane also has a significant water bill so she would be interested in finding out if there is something going on between the units. Ms. Mahoney doubted that was the case as each unit is a standalone without common walls. Denny Walker, 7030 Newton Avenue N, asked the City to not certify his utility bill to taxes as he just started working again and is now able to make payment. He explained he has a contract for deed and has not been getting the notices. Mr. Walker stated he knows he owes this money and wants to pay it. Mayor Willson stated Mr. Walker has the opportunity to pay the entire assessment, without interest, on or before October 12, 2017. Mr. Boganey reviewed the dates when payment can be made to the City and Hennepin County to prevent certification to taxes. Mr. Walker asked how he can resolve not getting the utility bills. Mr. Boganey recommended he contact the utility department to assure the correct mailing address is used. Mr. Reinhardt stated he will talk with Mr. Walker tonight to get that information. Mr. Boganey recommended this assessment remain on the roll since Mr. Walker has the information on how to pay it off prior to certification. Councilmember Graves moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2017-142 CERTIFYING ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY RU ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS I Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2017-142 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls, removing 6542 Riverwood Lane for staff review. Motion passed unanimously. 9a. PLANNING COMMISSION APPLICATION NO. 2017-008 SUBMITTED BY MIKE, SEERY, ON BEHALF OF SP BROOKLYN CENTER, LLC REQUESTING APPROVAL OF THE 4TH AMENDMENT TO THE 1998 PLANNED UNIT DEVELOPMENT FOR THE RE GAL ROAD DEVELOPMENT RELATING TO 09/11/17 -8- RUSINESS USES ALLOWED AT THE REGAL RET AIL Biu u iii uieiLOCATED 1IT 615 66TH AVENUE NORTH Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2017-008 for approval of the fourth amendment to the 1998 Planned Unit Development (PUD) relating to business uses allowed at the Regal retail building located at 615 66th Avenue North. He advised the Planning Commission recommended unanimous approval of this application at the August 31, 2017, meeting. Mr. Eitel stated the City Attorney has prepared the PUD amendment to assure it is correctly drafted. RE, SOLUTION NO 2017-143 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-008 SUBMITTED BY SP BROOKLYN CENTER, LLC FOR AMENDMENT NO. 4 TO THE REGAL ROAD DEVELOPMENT Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-143 Regarding the Disposition of Planning Commission Application No. 2017-008 Submitted by SP Brooklyn Center, LLC for Amendment No. 4 to the Regal Road Development 2nd Addition Planned Unit Development. Motion passed unanimously. IlL I]Dfl11I [I]U IIDIh1F lOa, 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 lOal through 10a6. Councilmember Ryan moved and Councilmember Graves seconded to approve the issuance of a 09/11/17 -9- Type IV six-month provisional rental license and mitigation plan for the following: 5325 70th Circle; 6014 Girard Avenue N; 5600 Judy Lane; and adopt Resolution No. 2017-144 Approving a Type IV 6-Month Provisional Rental License for 904 53rd Avenue N; Resolution No. 2017- 145 Approving a Type IV 6-Month Provisional Rental License for 6718 Colfax Avenue N; Resolution No. 2017-146 Approving a Type IV 6-Month Provisional Rental License for 6765 Humboldt Avenue N, 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. II... 4STIUJIiit1 Councilmember Ryan reported on his attendance at the following events: August 29, 2017: NFL Super Bowl Legacy Grant ($50,000) to Youth Determined to Succeed Ceremony September 7, 2017: Lions Club Meeting • September 10, 2017: Lions Club Annual Picnic at Centerbrook Golf Course Councilmember Graves reported on her attendance at the following events: • August 21, 2017: Joint Meeting with Financial Commission August 22, 2017: Community Dialogue Meeting August 24, 2017: Cities Unite through Minneapolis Health Department o August 24, 2017: League of Minnesota Cities Racial Equity Cohort August 26, 2017: Tour of North Minneapolis Parks o August 27-September 1: Family Camping Councilmember Butler provided information on the following upcoming events: o September 14, 2017: Lions Park Neighborhood Meeting September 15, 2017: Council volunteering with CEAP Mayor Willson reported on his attendance at the following events: August 31, 2017: Minnesota Excellence in Learning Academy Ribbon Cutting • September 5, 2017: Seniors Leadership Committee at CEAP September 6, 2017: Highway 252 Department of Transportation Brooklyn Park Open House • September 7, 2017: Highway 252 Meeting at Constitution Hall _IJLIiIff1W4i 1I1 Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:14 p.m. Motion passed unanimously. 09/11/17 -10- STATE OF MINNESOTA) COUNTY OF HENNEP1N) 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 11, 2017. 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 25, 2017, Regular Session. )flkàA City Clerk Mayor 09/11/17 -11-