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HomeMy WebLinkAbout2009 09-14 CCM Study Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 14, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Assistant City Manager/Director of Building Community Standards Vickie Schleuning, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested the following correction to the Joint Work Session with Financial Commission minutes of August 31, 2009: Pa�e 2: Replace the first paragraph with the following: Councilmember Yelich requested the staff to provide an opinion about aligning the vagaries of city Local Government Aid revenue streams with more tolerant budget expense items such as capital improvement and equipment replacement programs as a matter of council financial policy. City Manager Boganey responded that an opinion could be provided and that he would put this topic on a City Council Work Session. It was the majority consensus of the City Council to accept the above correction to the August 31, 2009, Joint Work Session with Financial Commission minutes. There was discussion on agenda item 10a. Councilmember Yelich questioned why the hearing on suspension or revocation of the rental license did not proceed until September of 2009 as the City Prosecutor had been notified of nonpayment on utilities in December of 2008. City Clerk Sharon Knutson reviewed the payment and notification history on the subj ect property. Utilities were paid in full on February 13, 2009, prior to the February 17, 2009, court hearing where the owner was sentenced to pay the City a$500 rental penalty and pay prosecution costs of $500 plus surcharges and fees. To date the $500 rental penalty had not been paid. A renewal rental license was issued on February 23, 2009, because the property was current on the utilities and in compliance with City Code. On July 23, 2009, the City Prosecutor was notified that the rental penalty had not been paid and that utilities were not current on the property. The owner made an 09/14/09 -1- $800 payment on Friday, September 11, 2009, and said he would be in today to pay the remaining balance; however, the balance had not been paid. The owner called the Utility Division and requested more time, but there was not more time, as the hearing was already scheduled. It was noted that the rental license ordinance does not require payment of the rental penalty in order for a rental license to be issued. Councilmember Roche requested discussion on agenda item lOb. He stated concern regarding the ro osed ro ert tax lev increase to 5.2% while the median residential ro ert value is P P P p Y Y p p Y decreasing. Director of Fiscal Support Services Dan Jordet provided an overview of levy options. He explained the commercial/industrial category dropped less than the residential category and will pay the higher proportion of the total tax payment. Staff tried to determine a levy rate that would meet the operating needs. The proposed levy rate is based on the consensus staff read from the City Council and Financial Commission for the preliminary levy. Councilmember Roche verified with Mr. Jordet that the 5.2% levy increase is the proposed rate for the preliminary levy and that a reduction in the rate is possible with adoption of the final lev Y. It was noted that the proposed 2010 budget is a"hold the line budget" which includes no increase in the rates of pay in the employee pay plan, a reduction of contingency allowance by $100,000 from the 2009 level, and reduced funding for vehicle and equipment replacement by $200,000 from the full funding level. Two of the major contributors to the budget increase from 2009 are increased fuel and utility costs. It was noted that the Decision Resources survey completed last year indicated that residents feel taxes are high in Brooklyn Center, but that the residents like the programs that have been implemented and do not want to see those programs eliminated. It was noted that the City may have some control over energy consumption by the implementation of policies relating to practices such as turning off computer monitors at the end of the work day. There was discussion on whether it is likely that the final levy will be adopted at a rate lower than the preliminary levy. Mr. Jordet noted that he cannot recall a time when the economic situation was as difficult as the current situation. He has not seen the final levy reduced in any significant extent in the ast, and there is reat ressure for 2010 as far as the availability of P g P revenue sources. MISCELLANEOUS Councilmember Lasman indicated she would like to verify street improvement projects scheduled for 2011. She requested staff to provide Council with an updated copy of the current Capital Improvement Program. Councilmember Lasman requested staff to contact the City of Brooklyn Park regarding the dumping that is occurring in Shingle Creek in the area that crosses Noble Avenue on the boundary of Brooklyn Center. She also encouraged staff to look into funding opportunities 09/14/09 -2- through the Clean Water Legacy grants. Councilmember Ryan inquired about the excavation activities occurring on 63 Avenue. Public Works Director/City Engineer Steve Lillehaug responded that the City Planner has indicated the excavation involves the removal of a gas tank. Council will be provided with the specifics. Councilmember Roche inquired about the timetable for a discussion on the sign ordinance and rental enforcement. Assistant City Manager/Director of Building Community Standards Vickie Schleuning replied that a rental code update will be included on the next City Council meeting agenda. She will determine the expected date for the sign ordinance update. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. MISCELLANEOUS The discussion continued on the upcoming sign ordinance update. Councilmember Yelich stated his position that there should be closure to address the concerns addressed by the residents. He requested the City Council consider directing the City Manager to prepare a resolution including the following key points in terms of enforcement policy for garage sale signs: 1. Enforcement to be conducted on complaint basis only 2. Permission of property owner required prior to posting a sign 3. Signs cannot exceed 3-square feet in area 4. Requirement that signs be posted no less than 5 feet from the edge of the street/curb. 5. Signs must be free standing and temporary during the duration of the sale only There was discussion on the above recommendation. It was noted that the City Manager had previously been directed to have the City Attorney review the ramifications of any changes to the current ordinance. It was also noted that in relation to item no. 4 suggested above, there was previous discussion about the possible ramifications of opening up use of the right-of-way. City Attorney Charlie LeFevere indicated that the question referred to his office related to the setback from the right-of-way line. A letter has been sent to the City Manager, which should be coming to the City Council shortly. In the letter he expresses some concern about enforcing this or any other ordinance on a complaint basis only due to the tendency for proliferation of the 09/14/09 -3- activity and the likeliness of neighborhood feuding and discriminatory concerns. He advised that the City decides what kind of effort it will make in enforcing its code and can only commit so much time, effort, and resources to code enforcement, but he would caution against making it a matter of policy that citizens get to decide when ordinances are enforced. There was discussion about possible problems associated with making certain exclusions in the sign ordinance for a certain class of signs, such as to specifically address garage sale sign enforcement. Mr. LeFevere advised on the possible association with the First Amendment, which protects freedom of speech. The general rule is that speech cannot be regulated on the basis of its content. Care needs to be taken in the way the ordinance works and the way it fits together to ensure the City is not running afoul of the First Amendment. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:02 p.m. Motion passed unanimously. 09/14/09 -4- STATE OF MINNESOTA) COLTNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on September 14, 2009. 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 28, 2009, Regular Session. �C�, �,���1 G�,,.- City Clerk v Mayor 09/14/09 -5-