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HomeMy WebLinkAbout2008 07-28 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 JULY 28, 2008 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, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Chief of Police Scott Bechthold, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mr. Boganey recommended the Rental License for 2100 69 Avenue North be removed from the Consent Agenda so staff can follow up with the applicant. He also recommended that EDA Agenda Item No. 4a, a Resolution Approving Lease Agreement with Brooklyn Hotel Partners, LLC for the D Barn at the Earle Brown Heritage Center, and Authorizing the EDA Executive Director to execute said Agreement, be removed from the agenda to allow staff to resolve several issues. It was the majority consensus of the City Council to cancel tonight's EDA meeting. With regard to Agenda Item No. 7b, Rental Licenses, Councilmember Lasman expressed concern with the number of disturbing the peace calls made to that address. Mr. Boganey advised there have been five disturbing the peace calls within a relatively short time period. The Police Department will obtain more information about this matter, contact the applicant, and report the response to the Council. It was the majority consensus of the City Council to remove the rental license for 2100 69 Avenue N. from the Consent Agenda. Councilmember O'Conner requested that Agenda Item No. 7d, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees, be removed from the Consent Agenda. Mayor Willson stated it will be considered as Agenda Item No. I Id. 07/28/08 -1- Councilmember Ryan requested discussion on Agenda Item No. 11 c, specifically in relation to the City's legal liability for its Police Officers who assist during the Republican National Convention. Mr. Boganey explained that approval of the JPA isn't without risk to the City but it is mitigated by the type and amount of insurance that has been taken out by the City of St. Paul that will cover potential risks the City may incur. There was additional discussion on Agenda Item No. 11 c, regarding whether the $10 million liability insurance taken out by St. Paul will cover the City's potential liability. It was noted that there is value in creating good will when compared to the relatively small risk the City would be incurring. Police Chief Scott Bechthold advised the City's liability will be covered, as indicated in the legal opinion provided. He noted the City's Officers will receive low -risk assignments such as transportation routes and buses moving delegates from hotels to the Convention Center. They will not receive high -risk assignments such as the Rapid Response Teams, which are from other jurisdictions. For its participation, the City will receive mutual aid, should the need arise at one of the designated hotel sites. HOUSING MAINTENANCE AND POINT OF SALE ORDINANCE Councilmember Lasman referenced a recent newspaper article relating to housing codes and regulations and requested discussion on whether the City should consider instituting a fee to cover City expenses in dealing with abandoned homes, as well as considering some of the other ideas that were referenced in the article concerning foreclosure or vacant properties. Mr. Boganey stated several ideas presented in the article are reasonable for Brooklyn Center but staff has some question whether a $1,000 fee could be justified under State Law. Staff is of the opinion that such a fee is not a significant deterrent to property conversion. Staff has focused more on what can be done to facilitate people who want to buy homes, as owner occupied units, and less attention on gaining an additional revenue stream. Mr. Boganey advised there is growing consensus among staff that a point of sale ordinance focused on vacant units and life safety efforts may be worthwhile. It may not be a solution to preserving the housing stock long term, but a way to mitigate and minimize problems associated with vacant properties that will have to come back on the tax rolls in the near term. It was noted that a way to deal with vacant homes before they get onto the market is to adopt an ordinance that requires an inspection. There was discussion regarding the following in relation to vacant property in the City: There is no "silver bullet" and the solution will require both "carrots" and "sticks" It may require more than one method to contribute to the overall long -term solution Because of budget constraints, the Council supports looking at as many revenue streams as are viable The City wants empty foreclosed homes to be purchased 07/28/08 -2- i Mr. Boganey stated the ordinance could be very specific as to what must be done, or limited as to the requirements. At the time the house is sold, the City will know who owns it and the ordinance would apply to the new owner who purchases the home. Mr. Boganey advised that Brooklyn Park now requires an escrow at closing to cover the repair costs. In this way, that cost could be borne by the seller or the buyer. He stated he is not dismissing any of the options but staff is trying to weigh which options the City can handle given the level of current staff and resources. Mayor Willson stated the Council has discussed previously the need to assure people with fixed incomes or in a retirement situation are not adversely impacted. The Council does not want to approve an ordinance that would be harmful to those individuals who have worked their lives and retired in Brooklyn Center. Mr. Boganey explained that would be the benefit of an ordinance crafted to focus on vacant homes rather than all homes. He stated a good argument could be made to have the ordinance address all homes but the City is now dealing with a crisis situation that would benefit from a more precise ordinance. Councilmember Ryan stated he encountered a newspaper summary that provided a more basic approach to look at health, safety, and structural issues. He stated in principal he would support staff's efforts to look at a cost/benefit approach. He would also like to find out more about programs to support homeowners on the verge of losing their mortgage. Mr. Boganey stated staff is talking with Minneapolis and St. Paul staff to determine what is and is not working. UPDATE ON 57 AND LOGAN AVENUES CONTAMINATION Councilmember O'Connor asked for an update on the 57 and Logan Avenues contamination and whether the pollution spread from the dry cleaner's site before the City purchased the property or when the site clean up was done. Mr. Boganey stated that based on what he knows, the pollution occurred over many years, probably during the life of the dry cleaner. He stated a meeting date has not yet been set but he thinks it will be in September. There was discussion on the number of houses that have been tested and whether additional testing will occur. Community Development Director Gary Eitel explained that is a determination of remediation by MPCA after study results are received. The Council questioned how the remediation systems would be funded. Mr. Boganey advised there is up to $20,000, in total, to fund the system and the MPCA is committed to fund remediation systems over and above that level. So far, none of the homes are at the level where it is required. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested discussion on Agenda Item No 10a and 10b in relation to enforcement mechanisms available to the City to assure required landscaping and screening criteria are maintained. City Attorney Charlie LeFevere advised of the City's requirement for landowners with a PUD to file a declaration of covenants that generally locks in all of the site drawings, lighting plan, landscaping plan, everything submitted, and provides the use and development of the site must be according to the declaration. It is also recorded against the 07/28/08 -3- property. Mr. LeFevere noted that at times landscaping is incidental. However, when it is an essential element of the screening between uses, as it would be between residential and auto uses, Brooklyn Center would require in the declaration that landscaping be maintained so it would be binding on the landowner and enforceable by the City as a misdemeanor violation of the Zoning Code. ADJOURNMENT Councilmember Lasman moved and Councilmember O'Connor seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 07/28/08 -4- 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 Study Session of the City Council of the City of Brooklyn Center held on July 28, 2008. 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 August 11, 2008, Regular Session. City Clerk Mayor 07/28/08 -5-