HomeMy WebLinkAbout2017 09-25 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 25, 2017
CITY HALL - COUNCIL CHAMBERS
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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, Kris Lawrence-
Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager
Reggie Edwards, Finance Director Nate Reinhardt, Acting Director of Public Works Mike
Marsh, Director of Business and Development Gary Eitel, Planner and Zoning Administrator
Ginny McIntosh, 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.
No one wished to address the City Council.
Councilmember Ryan moved and Councilmember Butler seconded to close the Informal Open
Forum at 6:46 p.m.
Motion passed unanimously.
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As the Invocation, Mayor Willson offered a reflection on how to respect others opinions, find
common ground, and unity.
3.CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:03 p.m.
4.ROLL CALL
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Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager
Reggie Edwards, Finance Director Nate Reinhardt, Acting Director of Public Works Mike
Marsh, Director of Business and Development Gary Eitel, Planner and Zoning Administrator
Ginny McIntosh, Deputy Director of Building and Community Standards Jesse Anderson, City
Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc.
The Pledge of Allegiance was recited.
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Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve
the Agenda and Consent Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1.August 21, 2017— Joint Work Session with Financial Commission
2.September 11, 2017— Study Session
3.September 11, 2017— Regular Session
4.September 18, 2017 - Joint Work Session with Financial Commission
6b. LICENSES
MECHANICAL
Elite Refrigeration Heating & Air Cond. LLC
RENTAL
INITIAL (TYPE III - one-year license)
3601, 3613, 3701, 3713 47th Ave. N.
Ryan Creek Manor
INITIAL (TYPE II - t'vo-year license)
5631 Hillsview Road
7237 Willow Lane N.
RENEWAL (TYPE III— one-year license)
6315 Brooklyn Boulevard
6001 Emerson Avenue N.
RENEWAL (TYPE II— two-year license)
5043 Brooklyn Boulevard
5321 Colfax Avenue N.
2325 Ericon Drive
5228 Ewing Avenue N.
5000 Howe Lane
9324 November Dr., St. Joseph
Halverson & Blaiser Group Ltd.
Kent LeFevre
Abdi Mahamed
Raymond He
Keith Carrico
Invitation Homes
Teodoro Llerena0Cooke
Ross Herman
Invitation Homes
Kristen and Mark Blincoe
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7212 Humboldt Avenue N.
1513 Humboldt Place N.
5325 Knox Avenue N.
6400 Unity Avenue N.
5842 Washburn Avenue N.
RENEWAL (TYPE I - three-year license)
3706 55th Avenue N.
5412 Fremont Avenue N.
1555 Humboldt Place N.
5836 James Avenue N.
4706 Wingard Lane
SIGNHANGER
Spectrum Sign Systems, Inc.
Taurus Sign
Invitation Homes
ShoeMiller Properties LLC
Donovan Gilbert
Michelle Vue
Daniel Pryde
Mains' 1 Properties
Gary Anakkala
ShoeMiller Properties LLC
Mai Vang
Mains' I Properties
9278 Isanti Street NE, Blame
17900 280th Street, Shafer
6e. RESOLUTION NO. 2017447 ACCEPTING BID AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NO. 2017-05, EVERGREEN
PARK AREA SAFE ROUTES TO SCHOOL TRAIL AND SIDEWALK
IMPROVEMENTS
6d.RESOLUTION NO. 2017-148 ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, PROJECT NO. 2016-21, 2016/2017
POND MAINTENANCE
6e.RESOLUTION NO. 2017-149 APPROVING FINAL PLAT FOR TOPGOLF
6f. RESOLUTION NO. 2017-150 ADOPTING AMENDMENTS TO THE
FINANCIAL POLICIES SECTION OF THE BROOKLYN CENTER CITY
COUNCIL CODE OF POLICIES
6g.RESOLUTION NO. 2017-151 AMENDING THE ADOPTED
RESOLUTION NO. 2017-108, THE 2018-2020 BROOKLYN CENTER
STRATEGIC PLAN
6h.RESOLUTION NO. 2017-152 AUTHORIZING THE TERMINATION OF A
CONTRACT AND THE SELECTION OF A NEW CONTRACTOR TO
COMPLETE THE WORK
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
- None.
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8. PUBLIC HEARINGS
8a.CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL
ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS
Deputy Director of Building and Community Standards Jesse Anderson reviewed that on
September 11, 2017, the City Council continued the Public Hearing until tonight for 3321 50th
Avenue N. due to an appeal and to request additional information. Mr. Anderson recounted
staff s attempts to work with the property owner to address Code violations, continuing
violations, and receipt of complaints. He stated staff recommends, as legal notification
requirements were followed, the administrative citations were appealed, and the conditions of the
hearing officer were not met, that the City certify a special assessment of $230, plus the
certification fee of $40, for a total of $270. It was noted the $20 hearing deposit fee was credited
to the balance owed. Mr. Anderson displayed a series of photographs of the subject site
depicting on-going parking violations.
Mayor Willson noticed in the spring and fall months, parking on the grass damages the turf. He
stated support for approving certification of the assessment and voiced concern that it appears the
parking violations continue.
Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to close the
Public Hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2017-153 CERTIFYING SPECIAL ASSESSMENTS
FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE
HENNEPIN COUNTY TAX ROLLS
Councilmember Ryan moved and Mayor Willson seconded to adopt RESOLUTION NO. 2017-
153 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin
County Tax Rolls.
Motion passed unanimously.
8b.CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL
ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS
Finance Director Nate Reinhardt reviewed that on September 11, 2017, the City Council
continued the Public Hearing until tonight for 6542 Riverwood Lane due to an appeal and
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request for additional information on utility services. Mr. Reinhardt recounted the appellant's
statement objecting to the volume of water usage that occurred in the fourth quarter of 2016.
Mr. Reinhardt presented staffs findings, noting the Public Works staff was at the property on
December 21, 2016, due to a large water usage of 198,000 gallons and obtained leak codes
indicating that a continuous leak had been detected for about 25 days of the month and a door tag
was left to notify the property owner. On December 23, 2016, staff was at the property and
obtained a data log, which showed the pattern of usage for the previous 90-day period. The
resident was advised to review anything that might be causing the usage, such as water softeners,
running toilets, or irrigation system. The following quarter, the reading returned to a normal
reading of 30,000 gallons of water consumption.
Mr. Reinhardt stated the information provided shows the property was billed for the amount of
water usage based on the meter reading. However, staff is recommending the July 26th penalties
be waived and to adjust the fourth quarter billing to Tier 1 rates. It was noted the City will waive
penalties once in the lifetime of an account. Mr. Reinhardt explained the City bills consumption
at tiered rates, effectively increasing the cost per gallon as water consumption increases, which
encourages water conservation. In this situation, it appears the appellant did not intentionally use
the water and was unaware of the large volume of water being consumed. He explained the City
has made a handful of similar adjustments to residential accounts in the past two years for
properties that have had an unusually high volume of usage. Mr. Reinhardt reviewed next steps
and stated if approved by the City Council, the net adjustment would equal $365.42, reducing the
certified assessment from $925.64 to $560.22.
Mr. Reinhardt stated he spoke with Ms. Mahoney earlier today and she had stated her
appreciation for staffs attempts to determine the reason for the higher usage and while she had
asked to pay the normal bill amount, appreciated staffs recommendation for a lower assessment.
Mayor Willson agreed this is a significant amount of water for a single-family household to use,
but he does support staffs recommendation to lower the amount of the assessment. He noted a
comment that the City will adjust a service account once in a lifetime of a service account. For
this property, this is that one time so he would ask what will occur should this situation occur
again. Mr. Reinhardt stated that relates to waiving penalties only once in a lifetime. There have
only been 5 or 6 situations where the customer had no idea of the high-water volume being used
so this is a unique situation. Mr. Reinhardt stated he had suggested to Ms. Mahoney that another
data log be created in case it relates to the irrigation system and they can also keep a closer eye to
monitor meter readings.
Mr. Boganey stated the penalty being dismissed is a late payment penalty. Mr. Reinhardt
confirmed that is the case. Mr. Boganey clarified that relates to timing of payment, not a penalty
on high water usage. In addition, he noted it is not an ordinance the City can only waive
penalties once; however, it is past practice and staff wants to be consistent in how that exception
is used.
Councilmember Graves noted the data showed a continuous leak but the cause was not ever
found or disclosed. Mr. Boganey stated that is correct. Councilmember Graves stated
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sometimes when it is hot outside, she has heard of cases where people use your garden hose to
drink or wash off and do not shut off the faucet.
Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to open the
Public Hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2017-154 CERTIFYING SPECIAL
FOR DELINQUENT PUBLIC UTILITY SERVICE iThi&wi r
HENNEPIN COUNTY TAX ROLLS
Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt
RESOLUTION NO. 2017-154 Certifying Special Assessments for Delinquent Public Utility
Service Accounts to the Hennepin County Tax Rolls.
Motion passed unanimously.
8c. RESOLUTION NO. 2017-155 VACATING ALL EASEMENTS WITHIN LOT 3,
BLOCK 1, REGAL ROAD DEVELOPMENT 2ND ADDITION AND LOTS 1 AND
2, BLOCK 1, REGAL ROAD DEVELOPMENT ADDITION
City Manager Curt Boganey introduced the item and stated the purpose of the proposed
resolution to vacate easements.
Director of Business and Development Gary Eitel explained this Public Hearing is to consider
vacating certain underlying easements that are associated with the Topgolf site redevelopment.
He described the easements proposed to be released and terminated and how the lot will be
reconfigured. The developer is requesting release and termination of easements that are either no
longer needed or being replaced by new easements.
Mayor Willson asked about the timeline. Mr. Eitel stated they have already started
deconstructing and salvage work, and the exterior is scheduled to be demolished next week.
Mayor Willson asked what sort of deconstruction will be used and whether the building will be
imploded. Mr. Eitel stated they will use the same approach used on Brookdale Square with large
equipment to take down the building and recycle concrete on site. He stated they contractor is
aware of City regulations relating to hours of operation, noise, and dust control.
Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing.
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Motion passed unanimously.
No one wished to address the City Council.
Councilmember Graves moved and Councilmember Butler seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2017-155 Vacating All Easements within Lot 3, Block 1, Regal Road Development 2nd
Addition, and Lots I and 2, Block 1, Regal Road Development Addition.
Mayor Willson recounted the positive comments he has received and media/television coverage
relating to this project.
Motion passed unanimously.
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City Manager Boganey introduced Planner and Zoning Administrator Ginny McIntosh who will
be presenting this case. Mayor Willson welcomed Ms. McIntosh.
Planner and Zoning Administrator Ginny McIntosh presented the required criteria for variance
consideration and provided an overview of Planning Commission Application No. 2017-006.
She presented findings and advised the Planning Commission recommended approval of the
applications at its September 14, 2017 meeting.
Ms. McIntosh answered questions of the City Council regarding the request submitted by the
Economic Development Authority of Brooklyn Center for variance to City Code Section 3 5-400,
Tables of Minimum District Requirements, which would allow the applicant to reduce the
minimum required 15-foot corner side yard setback to 10 feet for the construction of a new
single-family home.
Mayor Willson stated the Comprehensive Plan has a deadline and one consideration over the
years is density of housing. He noted he had served on the Planning Commission 12 years and
worked on three Comprehensive Plan updates so he would like to know what the Met Council is
asking for with regard to density.
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Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION
NO. 2017-156 Regarding the Recommended Disposition of Planning Commission Application
No. 2017-006 Submitted by the Economic Development Authority of Brooklyn Center for
Approval of a Variance to City Code Section 35-400, Table of Minimum District Requirements,
Located at 5301 James Avenue North.
Motion passed unanimously.
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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 1 Oal through 1 0a2.
lOal. 6307 SCOTT AVENUE NORTH
10a2. RESOLUTION NO. 2017-157 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 5510 FRANCE AVENUE
NORTH
Councilmember Graves moved and Councilmember Ryan seconded to approve the issuance of a
Type IV six-month provisional rental license and mitigation plan for the following: 6307 Scott
Avenue North; and adopt, RESOLUTION NO. 2017-157 Approving a Type IV 6-Month
Provisional Rental License for 5510 France 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.
lOb. PRELIMINARY 2018 LEVY AND BUDGET
City Manager Boganey introduced the item and described the City Council's past consideration
of the 2018 levy and budget.
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Finance Director Nate Reinhardt presented the 2018 levy with an increase of 5.63% in the total
City levy and a 5.14% increase in the HRA levy. It was noted a property tax increase/decrease
of 1% is approximately $162,000.
Mayor Willson commented it is good to see Brooklyn Center property values increasing.
Mr. Reinhardt then presented the 2018 budget, revenue sources, general fund expenses, expenses
by function, expenses by object/type, 11.8% increase in taxable market value, tax capacity
estimates, and 11.3% increase in median home value at $167,000. Mr. Reinhardt displayed and
reviewed a slide depicting projected property tax impacts. He described next steps and purpose
of the proposed resolutions to establish the preliminary property tax for the 2018 fiscal year and
adopt the preliminary budgets for those funds using portions of the property tax levy for
operations. It was noted that this levy, upon adoption, becomes the maximum levy allowed to
the City for the 2018 fiscal year.
Councilmember Graves noted the change in property value percentage and asked whether it will
balance out. She also asked about the change of percentage in 2016. Mr. Reinhardt explained
the last slide shows the percentage change in market value and tax, which should correspond.
Mayor Willson asked whether tax rate data plays a role. Mr. Reinhardt stated it will, but the
changes are proportionate to each type of property based on the percentage of increase.
Councilmember Graves asked whether the market is leveling off since the increase in property
value is lower in 2018 than it was last year. Mr. Reinhardt stated he does not have an opinion on
that question, but the assessor indicated that homes valued under $200,000 are experiencing a
larger percentage of value increase than higher valued homes.
Councilmember Ryan stated he has received ten unsolicited mailed offers to buy his home,
which he thinks is being experienced by others due to the affordable home shortage. He
referenced the tax capacity estimates pie chart, noting the property in Brooklyn Center that has
grown is residential. Mr. Boganey concurred and stated ten years ago, residential made up 50%
of the City's tax capacity but in 2018, that will go over 50%.
Mayor Willson stated he had raised the issue of the Met Council bus hub and after the last Blue
Line Central Management Committee meeting, met with the new Metropolitan Council Chair
and the City's Metropolitan Council representative to discuss Highway 252, the bus hub, and the
HUD complaint. He noted the Metropolitan Council Chair and the City's representative now
have a better understanding of these issues.
1. RESOLUTION NO. 2017458 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 2018
Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2017-158 Approving a Preliminary Tax Capacity Levy for the General
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Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment
Authority for Property Taxes Payable in 2018.
Motion passed unanimously.
2. RESOLUTION NO. 2017-159 ADOPTING A PRELIMINARY BUDGET
FOR THE 2018 FISCAL YEAR
Mr. Boganey stated Mr. Reinhardt's presentation included the preliminary budget, noting the
City Council worked closely with staff to develop this budget within the established parameters.
He recommended adoption of the resolution.
Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO.
2017-159 Adopting a Preliminary Budget for the 2018 Fiscal Year.
Mayor Willson described the budget process, noting that the results this year work well for the
2018 levy.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following events:
• September 13, 2017: MAC Park Open House at Kylawn Park
• September 14, 2017: Neighborhood Meeting at Lions Park
• September 15, 2017: Local Forum in Roseville on Comprehensive Plan Process
• September 17, 2017: Helped with Lions Club Waffle Breakfast
• September 18, 2017: Metro Cities Policy Forum on Transportation
• September 18, 2017: Joint Meeting with City Council and Financial Commission
• September 20, 2017: Brooklyn Park Board Meeting for Business Development and Visitors
Bureau
• September 21, 2017: Lions Club Board Meeting
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
• September 14, 2017: Southeast Area Neighborhood Meeting at Lions Park
• September 15, 2017: CEAP Food Distribution Event
• September 17, 2017: Lions Club Waffle Breakfast
• September 18, 2017: Joint Meeting with City Council and Financial Commission
• September 19, 2017: Housing Commission Meeting
• October 7, 2017: Housing Commission Delivery of New Neighbor Welcome Bags
Councilmember Graves reported on her attendance at the following events:
• September 14, 2017: Neighborhood Meeting at Lions Park
• September 15, 2017: Youth Interventions Program Association Meeting
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• September 18, 2017: Joint Meeting with City Council and Financial Commission
• September 19, 2017: Park and Recreation Commission Meeting
• September 20, 2017: Brooklyn Center High School and Middle School Registration Night
• September 21, 2017: Brooklyn Center School Levy Meeting
Councilmember Butler reported on her attendance at the following:
• September 15, 2017: CEAP Food Distribution Event
• September 18, 2017: Joint Meeting with City Council and Financial Commission
• September 20, 2017: Crime Prevention Meeting
Mayor Willson reported on his attendance at the following events:
• September 12, 2017: Rotary Luncheon
• September 14, 2017: Met with Constituent for Breakfast Meeting, Blue Line Central
Management Committee Meeting, and Neighborhood Meeting at Lions Park
• September 15, 2017: Rotary Meeting and CEAP Food Distribution Event
• September 17, 2017: Lions Club Waffle Breakfast and donated blood to Red Cross
• September 18 2017: Blue Line Regional Transport Meeting and Joint Meeting with City
Council and Financial Commission
• September 19, 2017: Rotary Lunch with Crystal Cove Executive Director
• September 19, 2017: Affordable Housing Tour with MICAH and ACER
• September 20, 2017: North Metro Mayor's 30-Year Meeting Celebration
• September 21, 2017: Met with Executive Director of the Brooklyn Bridge Alliance for Youth
• September 22, 2017: Met with Mr. Boganey
• September 23, 2017: Attended Hmong Egg Roll Sale
• September 24, 2017: Met with Constituent about the Emerson and Dupont project
12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Butler seconded adjournment of the City
Council meeting at 8:12 p.m.
Motion passed unanimously.
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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 25, 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 October 9, 2017, Regular
Session.
City Clerk Mayor
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