HomeMy WebLinkAbout2011 10-10 CCM Work Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL /ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
OCTOBER 10, 2011
CITY HALL — COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council /Economic Development Authority (EDA) met in Work
Session called to order by Mayor /President Tim Willson at 8:08 p.m.
ROLL CALL
Mayor /President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman,
and Dan Ryan. Also present were City Manager Curt Boganey, 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.
DRIVEWAY REPAIR STANDARDS
City Manager Curt Boganey introduced the item and noted the City Attorney has provided a
memorandum as requested at the September 12, 2011, City Council Study Session.
City Attorney Charlie LeFevere advised the City does not currently require gravel surfaced
driveways to be covered with a hard surface and the question raised was whether it can be
imposed on rental and /or vacant properties. Mr. LeFevere explained that in order to have classes
of property, State and Federal constitutions require equal protection under the law so there must
be a rationale basis for treating the properties differently. Mr. LeFevere stated if the City
Council /EDA wants to impose this requirement on a City -wide basis, now or in the future, it
could consider triggering events such as the sale of the property, reconstruction of the driveway,
or at some specified date in the future.
Councilmember /Commissioner Lasman stated she brought this idea forward based on a resident
suggestion; however, she would not favor a blanket requirement because driveways are
expensive to pave. Councilmember /Commissioner Lasman noted the City Council /EDA is
responsible to assure the integrity of the housing stock, in general, is preserved as well as the
infrastructure. She stated she thought this requirement could be applied to a very specific target
group of vacant homes to be rental.
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Mr. LeFevere indicated he was not qualified to give an opinion on whether there would be
unintended consequence of an ordinance, noting the requirement for a paved driveway may
result in a disincentive to invest in the property or the owner may not go through the licensing
process to bring the property up to Code due to the additional cost to pave the driveway.
The City Council/EDA indicated that while it understands the benefit of improved driveway
surfaces, it is a high cost improvement and even if legally defensible there may be economic
consequences. It noted the rental property licensing program has resulted in bringing properties
up to code and such an additional requirement may discourage investment in Brooklyn Center
properties at a time when there are a high number of vacant properties.
Councilmember /Commissioner Lasman stated her appreciation to the City Council /EDA for
supporting her request to obtain additional input. She thanked staff for vetting this option and
noted a future City Council /EDA may consider requiring higher driveway standards but at this
time it would be too difficult to identify properties to which it would apply.
The City Council /EDA thanked staff for the excellent job done in providing a recommendation
on this matter and consensus was reached to not move forward with driveway repair standards.
ADJOURNMENT
Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan
seconded adjournment of the City Council /Economic Development Authority Work Session at
8:23 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 Work
Session of the City Council of the City of Brooklyn Center held on October 10, 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 October 24, 2011, Regular Session.
City Clerk Mayor
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