Loading...
HomeMy WebLinkAbout2012 02-27 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 FEBRUARY 27, 2012 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 8:20 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. LIQUOR LICENSE FEE REFUND—CONTINUED It was noted that Mike Tupa, former owner of the Oak City Restaurant, sold his business to a new owner on or about January 22, 2012, and would like a prorated refund of the $11,000 Liquor License Fee paid to the City for the 2012 calendar year. In order to consider this request, the City's ordinance would need to be revised. Councilmember/Commissioner Kleven stated if no one purchases the business, she does not support considering a license fee refund; however, when a new owner files for a liquor license she would support considering a refund of the unused fees to the past owner. Mayor/President Willson noted the current ordinance language does not allow a liquor license refund and the two parties could have worked out an agreement for the new buyer to use the existing liquor license. He stated he is not interested in considering an ordinance revision. Councilmember/Commissioner Ryan asked under what conditions use of the original liquor license could be extended to the new buyer. City Manager Curt Boganey stated it depends on the terms of the purchase agreement but the two parties could enter into an arrangement whereby the owner of the license becomes a managing partner and allows use of the liquor license by the new owner. However, sometimes a new buyer may not be interested in that type of arrangement. Mr. Boganey indicated the City Attorney believes that in this particular case, if the City Council/EDA amended the ordinance, it could apply that benefit to Mr. Tupa, if desired, which is atypical. 02/27/12 -1- it i Councilmember/Commissioner Lasman noted it is clear that all applicants are informed at the time of liquor license application that the fee is nonrefundable. Since there have been past like situations, she would be uncomfortable considering this refund request and felt the City Council/EDA needed to enforce the ordinance. Councilmember/Commissioner Lasman agreed this is a difficult situation and she feels compassion, but in this case there was a way to remedy other than an ordinance amendment. Mayor/President Willson concurred it was the responsibility of the City Council/EDA to enforce the City's ordinance. Councilmember/Commissioner Myszlcowski stated she is inclined to enforce existing policy/ordinance. She stated she also has compassion for this situation; however, in this instance the City Council/EDA has laid out a process and it needs to be enforced. Councilmember/ Commissioner Myszlcowski noted the City Council/EDA must also be concerned for staff, who has laid out this process to the applicant. Mr. Boganey reported the City has had situations before, not unlike this one, such as with the Crowne Plaza that has changed owners several times. The majority consensus of the City Council/EDA was to enforce the current ordinance and not consider a refund of the liquor license. REPORT FROM COUNCILMEMBER/COMMISSIONER LASMAN REGARDING DIVERSITY OUTREACH Councilmember/Commissioner Lasman introduced the item and reported on her meeting with Mesa, Arizona, city and school officials relating to diversity outreach activities it is conducting. She distributed information on ten diversity issues they addressed and response to each. Councilmember/Commissioner Lasman stated she will also present this information to the school where she works. Mr. Boganey indicated staff expects, within 60 days, to have a draft overview for a comprehensive approach for inclusion. The City Council/EDA thanked Councilmember/Commissioner Lasman for the information provided and thoughtful commentary. It was indicated the City's surveys could be distributed at a JCPP MAC meeting. Mr. Boganey stated it has been discussed whether this group should be the basis for a focus group,possibly to create an assessment of the current state. The City Council/EDA acknowledged it may be beneficial to offer multi-lingual brochures since many of the City's households are bilingual. The majority consensus of the City Council/EDA was to refer the information to staff for review. 02/27/12 -2- VEHICLE PARKING AND MAINTENANCE REQUIREMENTS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item and presented draft ordinance amendments addressing vehicle parking, driveways,waste container and snow removal requirements. Ms. Schleuning answered questions of the City Council/EDA relating to driveway regulations and noted the requirement for gravel driveways to be of Class V to eliminate erosion of pea rock into the City's streets and storm sewer system. Ms. Schleuning explained that if a driveway surface had been paved to the property line, it would be considered "grandfathered" until improved. She indicated complaints are not centralized but, rather, scattered throughout the City. The most common complaints related to a combination of parking surface and location of parked vehicles. Mr. Boganey stated staff has drafted language and options for the City Council/EDA to consider and make response. He asked whether there was or was not an inclination to implement any or all of the requirements. Mr. Boganey noted that if approved, there will be significant reaction from property owners. The City Council/EDA discussed the snow removal requirement. Ms. Schleuning reviewed the proposed language, noting vacant properties are exempted now and would remain exempted under the proposed language. She explained the proposed language would indicate the "owner" is responsible to remove the snow which would then apply to snowbird properties and rental properties. Councilmember/Commissioner Kleven stated support for the proposed requirements. Councilmember/Commissioner Lasman stated she finds most of the changes to be good but the City Council/EDA will need to be careful of hardship situations. Councilmember/Commissioner Kleven asked how people will learn of the requirements. Ms. Schleuning explained the zoning ordinances would go through a Planning Commission process with advertised public hearings to obtain feedback. In addition, the requirements would be included in brochures, City Watch, posted to the City's web site, and distributed with vacant building registration and rental property information. Councilmember/Commissioner Ryan stated support for the driveway requirements, noting Class V is allowed as a cheaper alternative. He also found the regulations on waste containers to be a good idea but questioned whether the ordinance language should include the time of day. Councilmember/Commissioner Myszkowski stated she has no experience to speak with specificity but thinks appearance counts and also impacts whether businesses want to invest in our community. She stated she found some of the pictures to be shocking and indicated this is the kind of hard decisions elected officials have to make. She agreed the City Council/EDA needed to be aware of hardship situations and that there will be push back but this is how residents need to invest to make Brooklyn Center all it can be. 02/27/12 -3- i 'i The City Council/EDA discussed the regulation on placement of waste containers, noting it had become lax over time, and agreed that placement in the front yard should be prohibited and screening may be needed depending on the location. Mr. Boganey stated if the City Council's/EDA's consensus is to move in this direction, it may want to decide which requirements to present first, the type of public education that should be conducted prior to or after adoption, and whether to start with a phased implementation through policy rather than through ordinance. In this way, the initial notice would not be a violation ticket but, rather, a notification that the law has changed and will be a ticketed offence effective in 90 days. The majority consensus of the City Council/EDA was to move forward and support Mr. Boganey's suggestion for a phased approach with initial notice of implementation through policy rather than ordinance because it would allow a process for owners of properties with multiple violations to make adjustments. It was also acknowledged that many residents will support these regulations to bring unsightly property into compliance. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 9:42 p.m. Motion passed unanimously. 02/27/12 -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 Work Session of the City Council of the City of Brooklyn Center held on February 27, 2012. 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 March 12, 2012, Regular Session. City Clerk Mayor 02/27/12 -5-