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HomeMy WebLinkAbout2011 08-22 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 AUGUST 22, 2011 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 Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested discussion on Item 10b, Resolution Approving a Type III Rental License for 7018 Brooklyn Boulevard, in particular whether there should be more consequences for rental property that does not comply with its action plan. She asked whether there should be more of an incentive to follow the agreed upon action plan. Councilmember Lasman commented on the importance for applicants to realize the City Council's intent to uphold ordinance requirements. The City Council discussed this option and agreed a proportionate penalty should be considered to encourage compliance. City Manager Curt Boganey explained the ordinance does not allow for an escalation so imposing a "penalty" would require an ordinance amendment. He described the ordinance's provision for different levels of rental properties and benefit to the property owner in receiving a Type I three -year license as opposed to a Type IV six -month license that necessitates additional scrutiny through inspections and permit fees. He noted the ordinance allows property owners to operate to a lower standard, up to a point, but there is cost associated with not meeting the higher standard. Mayor Willson stated his preference that all rental properties eventually attain a Type I license, which should be a goal of the property owner. He agreed if the property owner is being counter productive, a Type IV rental license should be considered. 08/22/11 -1- Councilmember Lasman pointed out that this action plan was agreed upon by the property owner less than a year ago. She agreed with Mayor Willson that the City Council would like all to strive to obtain a Type I rental license but maybe for some the incentive is not great enough. Councilmember Lasman supported an additional "penalty" should the property owner not act responsibly in meeting the action plan that had been agreed upon when the license was issued. Mr. Boganey advised an ordinance provision allows the City Council to revoke, suspend, or decline to renew any license under certain grounds. One of those grounds is failing to follow the mitigation plan or not submitting the action plan. Councilmember Ryan agreed with the comments of Councilmember Lasman and expressed interest in looking at the option for the City Council to suspend a rental license so the applicant has time to meet the conditions of the license. He noted, however, that this applicant has met all the criteria for a Type I rental license, except for attending the ARM meetings. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning confirmed this applicant has met all of the other requirements of the action plan and would have been a Type I except they didn't attend the ARM meetings. She explained staff's analysis when formulating a recommendation, noting they consider the severity of the violations and there had been no police calls to this property. The property owner had indicated they were out of town and could not attend the ARM meeting, but did not send a representative or call to ask for alternatives. Ms. Schleuning stated the applicant is not happy the property is remaining a Type III license. Councilmember Kleven noted that other property owners have indicated attendance of ARM meetings is a hardship because they are held during the day time. Councilmember Lasman referenced the history of the license process for this property and pointed out staff had to do a lot of "babysitting" with this property owner so nonattendance of the ARM meetings is not the only issue. She commented on the importance of the City Council holding this discussion on camera to assure rental property owners are aware the City Council expects high standards at rental properties and may consider revocation if property owners are not acting responsibly. Councilmember Ryan stated as a matter of course it would not be unreasonable to expect staff to inform the City Council if it became aware that a rental property owner did not follow up on an action plan item. In that case, the City Council could vote to approve with the understanding staff will follow through and be sure owners comply with the action plan. Mr. Boganey stated staff provides its recommendation based on interactions with the landowner and in cases where interaction has not been positive and it is apparent there is a need for stronger action, that is what staff will recommend. The City Council is the licensing authority and staff is just presenting the facts based on interaction with that particular applicant. The City Council indicated it relies heavily on staff's recommendation and asked to be reminded if there are violations, such as this situation, when the license is considered in one year for renewal so the City Council can determine if something more should be considered. 08/22/11 -2- The consensus of the City Council was that it may consider not renewing a rental license if the property owner's actions result in consuming too many staff resources. Ms. Schleuning noted the City's rental ordinance is performance based, which is unique in municipalities. She described the four types of rental licenses and indicated the majority of rental property is getting better. Mr. Boganey noted this is the first year of the rental license ordinance so the property owners are being educated in its requirements. He indicated if the rental property comes back the second year and improvements are not made, staff's recommendations will consider suspension or revocation. MISCELLANEOUS PULL TABS REQUEST - OAK CITY The City Council reviewed the request of Oak City for the City Council to amend its ordinance to allow Oak City to lease its space to Spring Lake Park Lions, a non - Brooklyn Center non - profit organization, to sell pull tabs in Brooklyn Center. Mr. Boganey explained the ordinance requires, based on State law, that a certain percentage of revenues from pull tab operations are distributed within the trade area. The ordinance also requires that only a Brooklyn Center based non - profit organization can conduct charitable gambling (pull tabs) within Brooklyn Center. Mr. Boganey asked if the City Council is interested in discussing an ordinance amendment to allow a non - Brooklyn Center organization to sell pull tabs. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lasman seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. PULL TABS REQUEST — OAK CITY - CONTINUED The City Council concluded its discussion by reaching consensus that it is not interested in considering an ordinance amendment to allow non - Brooklyn Center organizations to sell pull tabs within Brooklyn Center. 08/22/11 -3- SCHEDULE CITY MANAGER'S PERFORMANCE REVIEW Mr. Boganey stated the City Council is required to conduct a performance review of the City Manager and asked for available dates. The consensus of the City Council was to schedule the City Manager's performance review on October 3, 2011, at 6:00 p.m. MISCELLANEOUS (CONTINUED) Councilmember Ryan informed the City Council of his upcoming surgery and indicated he will be in attendance at the October 24 and November 14, 2011, Council meetings but may request an excused absence from the November 7, 2011, Budget Work Session. Councilmember Kleven congratulated the Police Department on its excellent job to address the issues at Georgetown Park Townhomes, noting management has now hired two guards to improve tenant security. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PRESIDENTIAL INVITE The City Council reviewed the two drafts of the Presidential invitation and reached consensus to approve Draft #2 pending verification of Erik Paulsen's title and permission of Caribou Coffee and Surly Brewing Company to be mentioned in the invitation. PUBLIC ART PROPOSAL It was noted the City Council, at its August 8, 2011, meeting had discussed a proposal by the Brooklyn Center School District in conjunction with Mentoring Peace Through Art to paint an anti- graffiti art mural on approximately 1,400 linear feet of the interior face of the Mn/DOT sound wall adjacent to the Earle Brown Elementary School and Grandview Park. The consensus of the City Council was to continue consideration to allow the City Attorney to review the City's Ordinance and offer an opinion on the Public Art proposal. The City Council referenced the City Attorney's memorandum, noting it indicates if the City Council feels that it is in the public interest to allow murals to be displayed as public artwork, an amendment to the Sign Ordinance could be created which would make an exception only for public art murals' prepared, created, and maintained by a public entity. However, the City Council would be very limited in its ability to regulate the contents of the art and the protection against the display of material that might not be in the public interest would rely on the ability of public bodies proposing the art mural to exercise reasonable judgment in the public art they display. City Attorney LeFevere explained that legislatively the City Council can allow murals, through a provision in the Code, in the form of public art. 08/22/11 4- Councilmember Lasman stated support for an ordinance amendment that is as restrictive as possible because she thinks this type of public art would limit graffiti. She supported requirements that a public entity would approve and authorize the mural and be responsible for maintenance, and to limit location for artwork at a distance from residential areas. Councilmember Lasman stated she thinks an ordinance amendment can be crafted so there is no misunderstanding, at a future date, and assures the integrity of the City's regulation of signs while limiting the ability to do murals. She supported an amendment to make murals available only in specific cases but not on buildings. This discussion was continued to the August 22, 2011, Work Session meeting. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:01 p.m. Motion passed unanimously. 08/22/11 -5- 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 August 22, 2011. 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 12, 2011, Regular Session. City Clerk Mayor 08/22/11 _b-